HSWMS: Disposal of CCR; A Holistic Approach to Closure Part B: Alternate Demonstration for Unlined Surface Impoundments; Implementation of Closure; Legacy Units (Proposed Rule)

Forms and Documents

Document Name	Status
2609ss01.docx Supporting Statement A	2020-03-03

IC Document Collections

IC ID	Document Title	Status
240271	Private Facilities Annual Reporting	New

ICR Details

OMB Control No: 2050-0223	ICR Reference No: 202003-2050-001
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: EPA/OLEM	Agency Tracking No: 2609.01
Title: HSWMS: Disposal of CCR; A Holistic Approach to Closure Part B: Alternate Demonstration for Unlined Surface Impoundments; Implementation of Closure; Legacy Units (Proposed Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 10/22/2020
	Date Received in OIRA: 03/03/2020
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: On April 17, 2015, the Environmental Protection Agency (EPA or the Agency) promulgated national minimum criteria for existing and new coal combustion residuals (CCR) landfills and existing and new CCR surface impoundments. In this action, EPA is proposing procedures to allow facilities to request approval to operate with an alternate liner for existing CCR surface impoundments, two co-proposed options to allow the use of CCR during unit closure, an additional closure option for CCR units being closed by removal of CCR, and requirements for annual closure progress reports. On August 21, 2018 the U.S. Court of Appeals for the District of Columbia Circuit issued its opinion in the case of Utility Solid Waste Activities Group, et al v. EPA which vacated and remanded the provision that exempted inactive impoundments at inactive facilities from the CCR rule. As a first step to implement this part of the court decision, EPA is also seeking comments and data on inactive CCR surface impoundments at inactive utilities to assist in the development of future regulations for these CCR units.

---

Authorizing Statute(s): US Code: 42 USC 6906, 6907, 6912, 6944, 6945 Name of Law: Resource Conservation and Recovery Act (RCRA)
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2050-AH11	Proposed rulemaking	85 FR 12456	03/03/2020

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Private Facilities Annual Reporting

---

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The estimated annual respondent burden has increased by either 17,301 hours (assuming Provision 2, Co-Proposed Option 1 is included) or 20,170 hours (assuming Provision 2, Co-Proposed Option 2 is included) in total estimated respondent burden compared with that identified in the information collection most recently approved respondent burden by OMB associated with the CCR program (175,319 hours). This reflects an increase in the requirements for respondents associated with the proposed Part B Rule. Also, the costs to the industry respondents increased by either $5,057,325 (assuming Provision 2, Co-Proposed Option 1 is included) or $5,863,060 (assuming Provision 2, Co-Proposed Option 2 is included), again reflecting the additional requirements associated with the proposed Part B Rule. While there is an increase in ICR burden associated with the additional reporting related to the Proposed Part B Rule, most of the burden is voluntary and is expected to be much smaller in magnitude than the operational cost savings related to closure extensions or the ability to use CCR in closure, as shown in the corresponding Regulatory Impact Analysis for this proposed rule

---

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 03/03/2020

---