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OMB Control No: 2060-0720	ICR Reference No: 202301-2060-005
Status: Historical Inactive	Previous ICR Reference No: 202012-2060-014
Agency/Subagency: EPA/OAR	Agency Tracking No: 2522.04
Title: Emission Guidelines for Municipal Solid Waste Landfills (40 CFR part 60, subpart Cf) (Renewal)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Improperly submitted and continue	Conclusion Date: 05/07/2024
	Date Received in OIRA: 01/31/2023
Terms of Clearance: This ICR is returned as improperly submitted, due to non-compliance with prior terms of clearance. Prior terms of clearance: Due to lack of response to OMB during the review, this OMB control number is approved for a one-year. Upon resubmission, the program must use the standard 18 question Supporting Statement format. Per 5 CFR 1320(a)(1)(iii)(G) the agency is reminded to provide OMB with a copy of the statutory or regulatory authority to collect information. In addition, the agency must provide OMB with all of the ICs including instructions.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2023	36 Months From Approved	05/31/2024
Responses	1,372	0	1,372
Time Burden (Hours)	635,900	0	635,900
Cost Burden (Dollars)	2,760,000	0	2,760,000

Abstract: Previously, the EPA issued New Source Performance Standards (NSPS) and Emission Guidelines (EG) and Compliance Times for Existing Municipal Solid Waste Landfills under the regulations published at 40 CFR Part 60, Subpart WWW and 40 CFR Part 60, Subpart Cc as promulgated on March 12, 1996; and revised on both June 16, 1998, and February 24, 1999. The Federal plan requirements implementing the regulations were published at 40 CFR Part 62, Subpart GGG and promulgated on November 8, 1999. On August 29, 2016 (81 FR 59332), EPA finalized a new NSPS subpart (40 CFR Part 60, Subpart XXX), based on its review of 40 CFR Part 60, Subpart WWW. Subpart XXX applies to MSW landfills that are either new, or reconstructed, or modified after July 17, 2014, and is effective as of October 28, 2016. Concurrently, EPA finalized revised Emissions Guidelines under a new subpart (40 CFR Part 60, Subpart Cf). The new Emission Guidelines apply to existing landfills accepting waste after November 8, 1987, for which construction was commenced either on or before July 17, 2014. The revised guidelines are implemented under state or federal plans. The EPA subsequently finalized a federal plan implementing 40 CFR Part 60, Subpart Cf under a new subpart (40 CFR Part 62, Subpart OOO) on May 21, 2021. This ICR includes burden for MSW landfills that are subject to the requirements of Subpart Cf, which are implemented under State plans and a Federal plan (40 CFR part 62, subpart OOO). All MSW landfills that are subject to the original NSPS (40 CFR part 60, subpart WWW), the federal plan (40 CFR part 62, subpart GGG), or a state plan implementing the original emission guidelines (40 CFR part 60, subpart Cc) were required to comply with their current requirements unless and until they are covered by a more stringent State or Federal plan implementing the emission guidelines in subpart Cf. Since EPA has finalized the Federal plan at 40 CFR Part 62, Subpart OOO, all respondents previously subject to Subpart WWW, a state plan implementing subpart Cc, or GGG, are now either subject to either a State plan under implementing 40 CFR Part 60, Subpart Cf, or must comply with the Federal plan under 40 CFR Part 62, Subpart OOO, or if they have modified since July 17, 2014, they must now comply with the NSPS at 40 CFR Part 60, Subpart XXX. Subpart Cf reduces the NMOC emission rate threshold from the previous level of 50 megagrams per year (Mg/yr) to 34 Mg/yr for landfills that are not closed as of August 29, 2016. The final rule retained the design capacity cutoff of 2.5 million Mg and 2.5 million cubic meters in the current emission guidelines. Closed landfills retain the same NMOC threshold of 50 Mg/yr, as was the case under Subpart WWW. Closed landfills are also exempted from the one-time reporting requirements, provided the landfill fulfilled these requirements under the NSPS (40 CFR Part 60, Subpart WWW), the Federal plan (40 CFR Part 62, Subpart GGG), or a state plan implementing 40 CFR Part 60 Subpart Cc. This information is being collected to assure compliance with 40 CFR Part 60, Subpart Cf and 40 CFR Part 62, Subpart OOO.

Authorizing Statute(s): US Code: 42 USC 7401 et seq Name of Law: Clean Air Act (CAA)

Citations for New Statutory Requirements: None

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

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 43843	07/22/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 5000	01/26/2023
Did the Agency receive public comments on this ICR? No

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: The decrease in burden from the most-recently approved ICR is due to an adjustment. The adjustment decrease in burden from the most-recently approved ICR is due to a decrease in the number of respondents. The number of respondents has been adjusted in this ICR based on the regulatory database used for the 2016 rule. The number of respondents reflects the lower expected number of landfills controlling between years 2023 through 2025 based on projected emissions, as well as the number of landfills subject between years 2023 and 2025, based on waste disposal quantities which increase over time at active landfills. The number of respondents also assumes that, in these years, landfills will be controlled under the more stringent 34 Mg/yr requirements. The estimates also subtract out landfills expected to modify during this time period and become subject to the MSW landfill 2016 NSPS Subpart XXX instead (ICR No. 2498, OMB Control Number 2060-0697). This ICR therefore reflects a decrease in the total number of respondents subject to the rule, but a similar number of controlling landfills subject to monitoring and testing requirements. There is a slight increase in burden for states/local agencies implementing state/local agency plans due to an adjustment increase in the number of states/local agencies that are enforcing State Plans. There is a decrease in the capital costs from the most-recently approved ICR due to a decrease in the number of respondents expected to install controls and therefore conduct initial performance tests and install monitoring equipment during the three-year period of this ICR. There is no change in the O&M costs because the number of respondents expected to maintain controls and monitoring equipment is unchanged.

Annual Cost to Federal Government: $503,000

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

Agency Contact: Muntasir Ali 919 541-0833

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