NESHAP for Municipal Solid Waste Landfills (40 CFR Part 63, Subpart AAAA)(Renewal)

Forms and Documents

Document Name	Status
1938t08.xlsx Supplementary Document	2022-07-29
1938t07.msg Supplementary Document	2019-03-08
1938ss08.docx Supporting Statement A	2022-07-29

IC Document Collections

IC ID	Document Title	Status
44039	Privately-Owned Municipal Solid Waste Landfills	Modified
254952	Publicly-Owned Municipal Solid Waste Landfills	New

ICR Details

OMB Control No: 2060-0505	ICR Reference No: 202207-2060-003
Status: Received in OIRA	Previous ICR Reference No: 201903-2060-011
Agency/Subagency: EPA/OAR	Agency Tracking No: 1938.08
Title: NESHAP for Municipal Solid Waste Landfills (40 CFR Part 63, Subpart AAAA)(Renewal)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/29/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	07/31/2022
Responses	1,027	2,206
Time Burden (Hours)	35,500	35,200
Cost Burden (Dollars)	11,100	10,800

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Abstract: The NESHAP for Municipal Solid Waste Landfills (40 CFR Part 63, Subpart AAAA) apply to existing and new municipal solid waste (MSW) landfills that have accepted waste since November 8, 1987 or have additional capacity for waste deposition, including those that operate as bioreactors, and the landfill either: 1) is a major source or is collocated with a major source; or 2) is an area source with a design capacity of 2.5 million megagrams (Mg) and 2.5 million cubic meters (m3), and emits either equal to or greater than 50 tons per year of non-methane organic compounds (NMOC). New facilities include those that commenced construction or reconstruction after the date of proposal. In general, all NESHAP standards require initial notifications, performance tests, and periodic reports by the owners/operators of the affected facilities. They are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance, and are required of all affected facilities subject to the NESHAP. This information is being collected to assure compliance with 40 CFR Part 63, Subpart AAAA.

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Authorizing Statute(s): US Code: 44 USC 3501 et seq Name of Law: Clean Air Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 19256	04/13/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 45773	07/29/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Privately-Owned Municipal Solid Waste Landfills
Publicly-Owned Municipal Solid Waste Landfills

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	1,027	2,206	0	0	-1,179	0
Annual Time Burden (Hours)	35,500	35,200	0	0	300	0
Annual Cost Burden (Dollars)	11,100	10,800	0	0	300	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: Changes in burden are due to several considerations. March 26, 2020 amendments made to the regulations in this area revised NESHAP Subpart AAAA, NSPS Subpart XXX and EG Subpart Cf to allow affected sources to demonstrate compliance with landfill gas control, operating, monitoring, recordkeeping, and reporting requirements by following the corresponding requirements in the MSW Landfills NESHAP, harmonizing the control requirements across all of the landfill rules. The 2020 amendments removed the SSM requirements from Subpart AAAA, resulting in a decrease in labor burden, and added a new semiannual wet landfill monitoring report requirement, resulting in an increase in burden. Since the 2020 amendments also added an annual wet landfill monitoring report requirement to Subparts Cf and XXX, the additional burden to Subpart AAAA sources for this report consists of one additional report per year. The growth rate for this industry is low (two new landfills per year), resulting in a small increase in burden. The labor burden for re-familiarizing with the regulatory requirements each year was increased from 1 hour to 5 hours, so that the labor burden for this requirement is consistent with that of other NESHAPs. These changes resulted in a small decrease in labor burden (hours).

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Annual Cost to Federal Government: $119,000

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

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Common Form ICR:  No

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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: 07/29/2022

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