Disposal of Coal Combustion Residuals from Electric Utilities (Final Rule)

Forms and Documents

Document Name	Status
2761ssa02.docx Supporting Statement A	2024-07-25

IC Document Collections

IC ID	Document Title	Status
269616	SLTs	New
260933	Private Sector	Modified

ICR Details

OMB Control No: 2050-0231	ICR Reference No: 202407-2050-003
Status: Received in OIRA	Previous ICR Reference No: 202306-2050-002
Agency/Subagency: EPA/OLEM	Agency Tracking No: 2761.02
Title: Disposal of Coal Combustion Residuals from Electric Utilities (Final Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/25/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	2,091	0
Time Burden (Hours)	267,123	0
Cost Burden (Dollars)	17,143,376	0

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Abstract: Coal combustion residuals (CCR) are generated from the combustion of coal, including solid fuels classified as anthracite, bituminous, subbituminous, and lignite, for the purpose of generating steam for the purpose of powering a generator to produce electricity or electricity and other thermal energy by electric utilities and independent power producers. CCR includes fly ash, bottom ash, boiler slag, and flue gas desulfurization materials. CCR are solid wastes that are neither listed nor characteristic hazardous waste and thus, are subject to the requirements of Subtitle D of the Resource Conservation and Recovery Act, as amended (RCRA). RCRA Subtitle D establishes a framework for federal, state, and local government cooperation in controlling the management of non-hazardous solid waste. The federal role in this management structure is to establish the overall regulatory direction, by providing minimum national standards that will protect human health and the environment, and to provide technical assistance to states for planning and developing their own environmentally sound waste management practices. The actual planning and any direct implementation of solid waste programs under RCRA Subtitle D, however, remains a state and local function, and RCRA envisions that states will devise programs to deal with state-specific conditions and needs. 40 CFR Part 257 contains provisions regarding the management of CCR under RCRA Subtitle D. In 2015, EPA published a final rule to regulate the disposal of CCR from electric utilities as solid waste under RCRA Subtitle D (see 80 FR 21302; April 17, 2015). In the final rule, EPA established national minimum criteria for existing and new CCR landfills and CCR surface impoundments and all lateral expansions to include location restrictions, design and operating criteria, groundwater monitoring and corrective action, closure requirements and post-closure care, and recordkeeping, notification, and internet posting requirements. The 2015 rule requires any existing unlined CCR surface impoundment that is contaminating groundwater above a regulated constituents groundwater protection standard to stop receiving CCR and either retrofit or close, except in limited circumstances. The rule also requires the closure of any CCR landfill or CCR surface impoundment that cannot meet the applicable performance criteria for location restrictions or structural integrity established in this rule. CCR surface impoundments that are no longer receiving CCR as of the effective date of the rule, but still contain water and CCR, will be subject to all applicable regulatory requirements, unless the owner or operator of the facility closes the inactive unit (e.g., the impoundment is closed with a final cover system) no later than three years from the effective date of the rule.

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Authorizing Statute(s): US Code: 42 USC 6945(a) Name of Law: RCRA
   US Code: 42 USC 6907(a) Name of Law: RCRA
   US Code: 42 USC 6912(a) Name of Law: RCRA
   US Code: 42 USC 6944 Name of Law: RCRA
   US Code: 42 USC 6945(b) Name of Law: RCRA
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2050-AH14	Final or interim final rulemaking	89 FR 38950	05/08/2024

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Federal Register Notices & Comments

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
Private Sector
SLTs

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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	2,091	0	0	2,091	0	0
Annual Time Burden (Hours)	267,123	0	0	267,123	0	0
Annual Cost Burden (Dollars)	17,143,376	0	0	17,143,376	0	0

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: This is a new collection.

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Annual Cost to Federal Government: $121,648

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: 07/25/2024

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