82_FR_38841 82 FR 38685 - Release of Interim Final Guidance for State Coal Combustion Residuals Permit Programs; Comment Request

82 FR 38685 - Release of Interim Final Guidance for State Coal Combustion Residuals Permit Programs; Comment Request

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 156 (August 15, 2017)

Page Range38685-38686
FR Document2017-17270

The Environmental Protection Agency (EPA) is announcing the availability of and requests comment on a document titled Coal Combustion Residuals State Permit Program Guidance Document; Interim Final. As a result of the Water Infrastructure Improvements for the Nation (WIIN) Act signed by the President on December 16, 2016, States may submit coal combustion residuals (CCR) programs to EPA for review and approval. This document describes EPA's interpretations of the WIIN Act provisions and the way in which EPA generally intends to review State programs.

Federal Register, Volume 82 Issue 156 (Tuesday, August 15, 2017)
[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)]
[Notices]
[Pages 38685-38686]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17270]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2017-0458; FRL-9966-52-OLEM]


Release of Interim Final Guidance for State Coal Combustion 
Residuals Permit Programs; Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability; request for comment.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is announcing the 
availability of and requests comment on a document titled Coal 
Combustion Residuals State Permit Program Guidance Document; Interim 
Final. As a result of the Water Infrastructure Improvements for the 
Nation (WIIN) Act signed by the President on December 16, 2016, States 
may submit coal combustion residuals (CCR) programs to EPA for review 
and approval. This document describes EPA's interpretations of the WIIN 
Act provisions and the way in which EPA generally intends to review 
State programs.

DATES: Comments must be received on or before September 14, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OLEM-2017-0458; Title: Coal Combustion Residuals (CCR) State Permit 
Program Guidance Document (Interim Final) at http://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud or other file sharing system). For 
additional submission methods, the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mary Jackson, Materials Recovery and 
Waste Management Division, Office of Resource Conservation and Recovery 
(5304P), Environmental Protection Agency, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460; telephone number: (703) 308-8453; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 2301 of the Water Infrastructure Improvements for the 
Nation Act (WIIN) Act amended the Resource Conservation and Recovery 
Act to allow States to submit and EPA to approve State permit (or other 
system of prior approval and conditions) programs for CCR.
    Coal Combustion Residuals State Permit Program Guidance Document; 
Interim Final is designed to provide information about the provisions 
of the 2016 WIIN Act, related to CCR, as well as the process and 
procedures EPA generally intends to use to review and make 
determinations on State CCR Permit Programs. The purpose of this 
document is to provide States guidance for developing and submitting a 
State CCR Permit Program for EPA approval.
    The document has four (4) chapters. The first two are in the form 
of questions and answers. The first chapter provides an overview of the 
provisions of the WIIN Act. The second chapter contains the process and 
procedures EPA is currently planning to use to review and make 
determinations on State CCR programs, as well as the documentation EPA 
generally expects to request from States seeking approval of a program. 
The third and fourth chapters consist of checklists to aid the States 
as they are considering and developing their program submittals. 
Chapter 3 contains a checklist of all the requirements of the current 
CCR rule at 40 CFR part 257 subpart D. Chapter 4 provides a checklist 
of those items EPA generally expects a State would submit when seeking 
approval of its CCR program.
    This guidance describes EPA's statutory interpretations and the way 
in which EPA generally intends to review State programs. As such, EPA 
encourages States to consult this interim final guidance and to use it 
as a technical resource as they develop and submit State CCR Permit 
programs to EPA for review and approval. As provided by Section 2301 of 
the WIIN Act, EPA must provide public notice and an opportunity for 
comment prior to approval of a State program by EPA. Thus, EPA's review 
and approval of a State program will be a separate process from this 
action that will provide for public notice and opportunity for comment 
on each State program.
    The information and procedures in the document are intended as a 
technical resource to States that may be useful in developing and 
submitting a State CCRs Permit Program to EPA for approval. This 
Guidance does not constitute rulemaking by the Agency, and cannot be 
relied on to create a substantive or procedural right enforceable by 
any party in litigation with the United States. As indicated by the use 
of non-mandatory language such as ``may'' and ``should,'' it only 
provides recommendations and does not impose any legally binding 
requirements.
    The guidance document can be found in the docket (Docket ID No. 
EPA-HQ-OLEM-2017-0458; Title: Coal Combustion Residuals (CCR) State 
Permit Program Guidance Document (Interim Final)) at http://www.regulations.gov. In addition, a copy of the guidance document and 
additional resources on CCR can also be found on EPA's Web site: 
www.epa.gov/coalash.


[[Page 38686]]


    Dated: August 9, 2017.
Nigel Simon,
Acting Principal Deputy Assistant Administrator, Office of Land and 
Emergency Management.
[FR Doc. 2017-17270 Filed 8-14-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                               Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Notices                                            38685

                                                  rulemaking involving services                           ADDRESSES:   Submit your comments,                    questions and answers. The first chapter
                                                  applicable to public property.                          identified by Docket ID No. EPA–HQ–                   provides an overview of the provisions
                                                                                                          OLEM–2017–0458; Title: Coal                           of the WIIN Act. The second chapter
                                                  Environmental Compliance
                                                                                                          Combustion Residuals (CCR) State                      contains the process and procedures
                                                    In compliance with the National                       Permit Program Guidance Document                      EPA is currently planning to use to
                                                  Environmental Policy Act (NEPA) (42                     (Interim Final) at http://                            review and make determinations on
                                                  U.S.C. 4321–4370), Council on                           www.regulations.gov. Follow the online                State CCR programs, as well as the
                                                  Environmental Quality NEPA                              instructions for submitting comments.                 documentation EPA generally expects to
                                                  implementing regulations (40 CFR parts                  Once submitted, comments cannot be                    request from States seeking approval of
                                                  1500–1508), and DOE NEPA                                edited or removed from Regulations.gov.               a program. The third and fourth
                                                  implementing regulations (10 CFR part                   The EPA may publish any comment                       chapters consist of checklists to aid the
                                                  1021), WAPA completed a Categorical                     received to its public docket. Do not                 States as they are considering and
                                                  Exclusion (CX). Since WAPA is                           submit electronically any information
                                                  reallocating its existing resources and is                                                                    developing their program submittals.
                                                                                                          you consider to be Confidential
                                                  not planning to increase its generation                                                                       Chapter 3 contains a checklist of all the
                                                                                                          Business Information (CBI) or other
                                                  or transmission under this Marketing                    information whose disclosure is                       requirements of the current CCR rule at
                                                  Plan, a CX is the appropriate level of                  restricted by statute Multimedia                      40 CFR part 257 subpart D. Chapter 4
                                                  environmental review.                                   submissions (audio, video, etc.) must be              provides a checklist of those items EPA
                                                                                                          accompanied by a written comment.                     generally expects a State would submit
                                                  Determination Under Executive Order                                                                           when seeking approval of its CCR
                                                  12866                                                   The written comment is considered the
                                                                                                          official comment and should include                   program.
                                                    WAPA has an exemption from                            discussion of all points you wish to                     This guidance describes EPA’s
                                                  centralized regulatory review under                     make. EPA will generally not consider                 statutory interpretations and the way in
                                                  Executive Order 12866; accordingly, no                  comments or comment contents located                  which EPA generally intends to review
                                                  clearance of this Federal Register notice               outside of the primary submission (i.e.,              State programs. As such, EPA
                                                  by the Office of Management and                         on the web, cloud or other file sharing               encourages States to consult this interim
                                                  Budget is required.                                     system). For additional submission                    final guidance and to use it as a
                                                   Dated: July 6, 2017.                                   methods, the full EPA public comment                  technical resource as they develop and
                                                  Mark A. Gabriel,                                        policy, information about CBI or                      submit State CCR Permit programs to
                                                  Administrator.                                          multimedia submissions, and general                   EPA for review and approval. As
                                                                                                          guidance on making effective
                                                  [FR Doc. 2017–17210 Filed 8–14–17; 8:45 am]                                                                   provided by Section 2301 of the WIIN
                                                                                                          comments, please visit http://
                                                  BILLING CODE 6450–01–P                                                                                        Act, EPA must provide public notice
                                                                                                          www.epa.gov/dockets/commenting-epa-
                                                                                                                                                                and an opportunity for comment prior
                                                                                                          dockets.
                                                                                                                                                                to approval of a State program by EPA.
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      Thus, EPA’s review and approval of a
                                                  ENVIRONMENTAL PROTECTION
                                                                                                          Mary Jackson, Materials Recovery and                  State program will be a separate process
                                                  AGENCY
                                                                                                          Waste Management Division, Office of                  from this action that will provide for
                                                  [EPA–HQ–OLEM–2017–0458; FRL–9966–                       Resource Conservation and Recovery                    public notice and opportunity for
                                                  52–OLEM]                                                (5304P), Environmental Protection                     comment on each State program.
                                                                                                          Agency, 1200 Pennsylvania Avenue
                                                  Release of Interim Final Guidance for                   NW., Washington, DC 20460; telephone                     The information and procedures in
                                                  State Coal Combustion Residuals                         number: (703) 308–8453; email address:                the document are intended as a
                                                  Permit Programs; Comment Request                        jackson.mary@epa.gov.                                 technical resource to States that may be
                                                                                                          SUPPLEMENTARY INFORMATION:                            useful in developing and submitting a
                                                  AGENCY: Environmental Protection                                                                              State CCRs Permit Program to EPA for
                                                  Agency (EPA).                                           I. Background                                         approval. This Guidance does not
                                                  ACTION: Notice of availability; request                    Section 2301 of the Water                          constitute rulemaking by the Agency,
                                                  for comment.                                            Infrastructure Improvements for the                   and cannot be relied on to create a
                                                                                                          Nation Act (WIIN) Act amended the                     substantive or procedural right
                                                  SUMMARY:    The Environmental Protection
                                                                                                          Resource Conservation and Recovery                    enforceable by any party in litigation
                                                  Agency (EPA) is announcing the
                                                                                                          Act to allow States to submit and EPA                 with the United States. As indicated by
                                                  availability of and requests comment on
                                                                                                          to approve State permit (or other system              the use of non-mandatory language such
                                                  a document titled Coal Combustion
                                                                                                          of prior approval and conditions)                     as ‘‘may’’ and ‘‘should,’’ it only provides
                                                  Residuals State Permit Program
                                                                                                          programs for CCR.                                     recommendations and does not impose
                                                  Guidance Document; Interim Final. As a
                                                                                                             Coal Combustion Residuals State                    any legally binding requirements.
                                                  result of the Water Infrastructure
                                                                                                          Permit Program Guidance Document;
                                                  Improvements for the Nation (WIIN) Act                                                                           The guidance document can be found
                                                                                                          Interim Final is designed to provide
                                                  signed by the President on December 16,                                                                       in the docket (Docket ID No. EPA–HQ–
                                                                                                          information about the provisions of the
                                                  2016, States may submit coal                                                                                  OLEM–2017–0458; Title: Coal
                                                                                                          2016 WIIN Act, related to CCR, as well
                                                  combustion residuals (CCR) programs to                                                                        Combustion Residuals (CCR) State
                                                                                                          as the process and procedures EPA
                                                  EPA for review and approval. This                                                                             Permit Program Guidance Document
                                                                                                          generally intends to use to review and
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                                                  document describes EPA’s                                                                                      (Interim Final)) at http://
                                                                                                          make determinations on State CCR
                                                  interpretations of the WIIN Act                                                                               www.regulations.gov. In addition, a
                                                                                                          Permit Programs. The purpose of this
                                                  provisions and the way in which EPA
                                                                                                          document is to provide States guidance                copy of the guidance document and
                                                  generally intends to review State
                                                                                                          for developing and submitting a State                 additional resources on CCR can also be
                                                  programs.
                                                                                                          CCR Permit Program for EPA approval.                  found on EPA’s Web site: www.epa.gov/
                                                  DATES: Comments must be received on                        The document has four (4) chapters.                coalash.
                                                  or before September 14, 2017.                           The first two are in the form of


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                                                  38686                        Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Notices

                                                    Dated: August 9, 2017.                                FOR FURTHER INFORMATION CONTACT:                      individuals in a single household do not
                                                  Nigel Simon,                                            Leslie F. Smith, (202) 418–0217, or                   receive more than one Lifeline Program
                                                  Acting Principal Deputy Assistant                       Leslie.Smith@fcc.gov.                                 benefit; to include the PII that is needed
                                                  Administrator, Office of Land and Emergency             SUPPLEMENTARY INFORMATION: This                       for call center inquiries regarding
                                                  Management.                                             notice serves to update and modify                    eligibility and dispute resolution; to
                                                  [FR Doc. 2017–17270 Filed 8–14–17; 8:45 am]             FCC/WCB–1, Lifeline Program, to                       include the information necessary for
                                                  BILLING CODE 6560–50–P                                  include PII that will be obtained and                 the System Integrator to develop, test,
                                                                                                          processed by the National Verifier,                   and operate the database system and
                                                                                                          which is being deployed as adopted in                 network that will be used to implement
                                                                                                          the Commission’s 2016 Lifeline and                    and operate the National Verifier; and to
                                                  FEDERAL COMMUNICATIONS                                  Link Up Reform and Modernization                      include the information submitted to
                                                  COMMISSION                                              Third Report and Order to make                        the National Verifier by subscribers
                                                                                                          eligibility determinations and perform a              seeking information on the status of
                                                  Privacy Act of 1974; System of                          variety of other functions necessary to               their eligibility or for dispute resolution
                                                  Records                                                 enroll individuals into the Lifeline                  purposes.
                                                                                                          program. See Lifeline and Link Up                        (c) Expansion of the categories of
                                                  AGENCY:  Federal Communications                                                                               individuals to include individuals who
                                                  Commission.                                             Reform and Modernization et al., Third
                                                                                                          Report and Order, Further Report and                  enable another individual in their
                                                  ACTION: Notice of a modified system of                                                                        household to qualify for benefits; or are
                                                                                                          Order, and Order on Reconsideration,
                                                  records.                                                                                                      individuals acting on behalf of an
                                                                                                          31 FCC Rcd 3962, 4006, para. 126 (2016)
                                                                                                                                                                eligible telecommunications carrier who
                                                  SUMMARY:    The Federal Communications                  (2016 Lifeline Modernization Order).
                                                                                                                                                                have enrolled individuals in the Lifeline
                                                  Commission (FCC or Commission or                        The National Verifier will be comprised
                                                                                                                                                                Program;
                                                  Agency) is modifying an existing system                 of both the existing National Lifeline                   (d) Expansion of the categories of
                                                  of records, FCC/WCB–1, Lifeline                         Accountability Database (NLAD) system                 records to include information on
                                                  Program, subject to the Privacy Act of                  and a new Lifeline Eligibility Database               whether the individual resides on Tribal
                                                  1974, as amended. This action is                        (LED). The WCB is also making various                 lands, information on whether the
                                                  necessary to meet the requirements of                   other updates and modifications to                    address is temporary and/or descriptive
                                                  the Privacy Act to publish in the                       comply with current OMB and FCC                       and whether it includes coordinates,
                                                  Federal Register notice of the existence                policies and practices. The Lifeline                  mailing address (if different), Tribal
                                                  and character of records maintained by                  Program serves low-income individuals                 identification number, telephone
                                                  the agency. The Lifeline Program (or                    by providing qualifying individuals (i.e.,            number, full name of the qualifying
                                                  ‘‘Lifeline’’) provides discounts for voice              one Lifeline Program telephone per                    person (if different from the individual
                                                  telephony (i.e., telephone service) and                 household) with discounts on voice                    applicant), the last four digits of the
                                                  broadband Internet access service                       telephony and BIAS service. Since the                 qualifying person’s social security
                                                  (BIAS) to qualifying low-income                         Telecommunications Act of 1996 (1996                  number, qualifying person’s date of
                                                  individuals (i.e., one Lifeline Program                 Act), the Lifeline Program has been                   birth, documents demonstrating
                                                  telephone per household). Individuals                   administered by the Universal Service                 eligibility, documents demonstrating
                                                  may qualify for Lifeline through proof of               Administrative Company (USAC) under                   identity, individual contact information,
                                                  income or participation in another                      the direction of the Commission and, by               Lifeline subscriber identification
                                                  qualifying program. Since the                           delegation, of WCB. The substantive                   number, security question, answer to
                                                  Telecommunications Act of 1996 (1996                    changes and modifications to the                      security question, user name, password,
                                                  Act), the Lifeline Program has been                     previously published version of the                   agent identification information (if an
                                                  administered by the Universal Service                   FCC/WCB–1 system of records include:                  agent is assisting in completing the
                                                  Administrative Company (USAC) under                        (a) Changes to the security                        application), individual’s eligibility
                                                  the direction of the Commission and, by                 classification;                                       certifications, and individual’s signature
                                                  delegation, of the Commission’s                            (b) Expansion of the system’s                      and date of application;
                                                  Wireline Competition Bureau (WCB).                      purposes as provided in the 2016                         (e) Updating language and/or
                                                  This system of records contains                         Lifeline Modernization Order with the                 renumbering 9 routine uses: (1) FCC/
                                                  information about individual Lifeline                   implementation of the National Verifier               USAC Program Management; (2) Third
                                                  Program participants. The modifications                 to make eligibility determinations and                Party Contractors; (5) State Agencies
                                                  described in this notice will allow                     perform a variety of other functions                  and Other Authorized State Government
                                                  USAC to maintain and administer this                    necessary to enroll eligible subscribers              Entities; (10) FCC Enforcement Actions;
                                                  system in a manner that promotes                        into the Lifeline Program (or ‘‘Lifeline’’);          (11) Congressional Inquiries; (12)
                                                  efficiency and minimizes waste, fraud,                  to add broadband Internet access service              Government-Wide Program
                                                  and abuse.                                              (BIAS) as a Lifeline-eligible service; to             Management and Oversight; (13) Income
                                                                                                          include all PII used to determine an                  and Program Eligibility Records; (14)
                                                  DATES: Written comments are due on or                   individual’s eligibility to participate in            Law Enforcement and Investigation; and
                                                  before September 14, 2017. This action                  the program and recertify eligibility                 (16) Breach Notification to comply with
                                                  (including the routine uses) will become                where the National Verifier is not                    OMB requirements (M–17–12);
                                                  effective on September 14, 2017 unless                  responsible for eligibility                              (f) Merging of two routine uses (15)
                                                  comments are received that require a                    determinations; to include the PII that               Adjudication and Litigation (now
mstockstill on DSK30JT082PROD with NOTICES




                                                  contrary determination.                                 will be used by the National Verifier to              includes the previous Department of
                                                  ADDRESSES: Send comments to Leslie F.                   verify an individual’s eligibility for the            Justice routine use), formerly (10) and
                                                  Smith, Privacy Manager, Information                     program and recertify program                         (11) respectively;
                                                  Technology (IT), Room 1–C216, Federal                   participants where the National Verifier                 (g) Addition of 11 new routine uses:
                                                  Communications Commission (FCC),                        is responsible for eligibility                        (3) Business Process Outsource (BPO)
                                                  445 12th Street SW., Washington, DC                     determinations and recertification; to                Entity to allow a BPO employee access
                                                  20554, or to Leslie.Smith@fcc.gov.                      cover the PII that is used to ensure that             to Lifeline Program information related


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Document Created: 2017-08-15 01:12:38
Document Modified: 2017-08-15 01:12:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability; request for comment.
DatesComments must be received on or before September 14, 2017.
ContactMary Jackson, Materials Recovery and Waste Management Division, Office of Resource Conservation and Recovery (5304P), Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
FR Citation82 FR 38685 

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