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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
2050-0053
ICR Reference No:
201807-2050-001
Status:
Historical Active
Previous ICR Reference No:
201507-2050-001
Agency/Subagency:
EPA/OLEM
Agency Tracking No:
1189.28
Title:
Identification, Listing and Rulemaking Petitions (Final Rule for Coal Combustion Residuals)
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved with change
Conclusion Date:
11/30/2018
Retrieve Notice of Action (NOA)
Date Received in OIRA:
07/30/2018
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
01/31/2019
11/30/2018
11/30/2018
Responses
2,252,416
0
2,252,170
Time Burden (Hours)
468,379
0
485,069
Cost Burden (Dollars)
47,945,547
0
51,653,044
Abstract:
This ICR addresses the Identification, Listing and Rulemaking Petitions under the authority of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, codified under 40 Code of Federal Regulations (CFR) parts 260 and 261 and is being updated reflect the new information collection requirements imposed by the Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals from Electric Utilities; Amendments to the National Minimum Criteria (Phase One); Final Rule (referred to herein as the Phase One Final Rule). The EPA published a final rule to regulate the disposal of coal combustion residuals (CCR) from electric utilities as solid waste under Subtitle D of the Resource Conservation and Recovery Act (RCRA). 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 Agency is finalizing a rule that will change compliance dates associated with two 2015 rule provisions to require compliance by October 2020. Phase One Final Rule also includes a third revision that clarifies certain groundwater measures, and two provisions that establish alternative performance standards for owners and operators of CCR units located in states that have approved CCR permit programs (participating states) or are otherwise subject to oversight through a permit program administered by EPA. In December 2016, the President signed the Water Infrastructure Improvements for the Nation (WIIN) Act, which amended RCRA Subtitle D and established new statutory provisions applicable to CCR landfills and CCR surface impoundments. In particular, the WIIN Act provides that, states may, but are not required to, develop and submit a permit (or other system of prior approval) program for CCR disposal to EPA for approval. Such a program does not have to be identical to the requirements in the CCR rule (40 CFR part 257, subpart D), but must be at least as protective as the CCR rule. EPA has developed Guidance to provide states with information needed to apply for permit program approval. This ICR addresses the following changes in information requirements associated with the Phase One Final Rule provisions and with anticipated adoption of flexibilities under the WIIN Act by states: changes in compliance dates for key closure provisions, revisions to groundwater monitoring documentation for qualifying facilities, and third-Party certification. The remaining provision in the rule addresses groundwater standards and makes no changes to requirements affected by the Paperwork Reduction Act.
Authorizing Statute(s):
US Code:
42 USC 6921-6924
Name of Law: Resource Conservation and Recovery Act of 1976
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
2050-AG88
Final or interim final rulemaking
83 FR 36435
07/30/2018
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
8
IC Title
Form No.
Form Name
Cathode Ray Tube (Private) 2455.02
Coal Combustion Residuals (Private) 1189.25 and 1189.28
Coal Combustion Residuals (States) 1189.25
Conditional Exclusion from RCRA (Private) 2421.04
Conditional Exclusion from RCRA (States) 2421.04
Conditional Exclusions from Solid Waste (Private) 2127.03
Conditional Exclusions from Solid Waste (States) 2127.03
Identification, Listing and Rulemaking Petitions (Private) 1189.26
ICR Summary of Burden
Total Approved
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
2,252,416
2,252,170
0
246
0
0
Annual Time Burden (Hours)
468,379
485,069
0
-16,690
0
0
Annual Cost Burden (Dollars)
47,945,547
51,653,044
0
-3,707,497
0
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:
Yes
Burden Reduction Due to:
Changing Regulations
Short Statement:
This ICR reflects a decrease to the currently approved burden hour and cost estimates based on changes to requirements under the Proposed Coal Combustion Residue (CCR) Remand Rule and state adoption of anticipated flexibilities under 2016 Water Infrastructure Investment for the Nation (WIIN) Act. This is a deregulatory action under EO 13771.
Annual Cost to Federal Government:
$331,145
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?
Uncollected
Agency Contact:
Tracy Atagi 703 308-8672 atagi.tracy@epa.gov
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:
07/30/2018
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