Identification, Listing and Rulemaking Petitions (Final Rule for Coal Combustion Residuals)

Forms and Documents

Document Name	Status
1189ss28 revised.docx Supporting Statement A	2018-11-30

IC Document Collections

IC ID	Document Title	Status
41681	Identification, Listing and Rulemaking Petitions (Private) 1189.26	Unchanged
218891	Cathode Ray Tube (Private) 2455.02	Unchanged
218890	Conditional Exclusions from Solid Waste (States) 2127.03	Unchanged
218889	Conditional Exclusions from Solid Waste (Private) 2127.03	Unchanged
218886	Conditional Exclusion from RCRA (States) 2421.04	Unchanged
218885	Conditional Exclusion from RCRA (Private) 2421.04	Unchanged
217322	Coal Combustion Residuals (States) 1189.25	Modified
215909	Coal Combustion Residuals (Private) 1189.25 and 1189.28	Modified

ICR Details

OMB Control No: 2050-0053	ICR Reference No: 201807-2050-001
Status: 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
	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

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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.

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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

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2050-AG88	Final or interim final rulemaking	83 FR 36435	07/30/2018

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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: 8

IC Title	Form No.	Form Name
Conditional Exclusion from RCRA (States) 2421.04
Identification, Listing and Rulemaking Petitions (Private) 1189.26
Coal Combustion Residuals (States) 1189.25
Coal Combustion Residuals (Private) 1189.25 and 1189.28
Conditional Exclusions from Solid Waste (Private) 2127.03
Conditional Exclusions from Solid Waste (States) 2127.03
Cathode Ray Tube (Private) 2455.02
Conditional Exclusion from RCRA (Private) 2421.04

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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.

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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

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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: 07/30/2018

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