82 FR 38904 - Agency Information Collection Activities; Proposed Collection; Comment Request; Identification, Listing and Rulemaking Petitions (Revision)

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 157 (August 16, 2017)

The Environmental Protection Agency is planning to submit a revised information collection request (ICR), ``Identification, Listing and Rulemaking Petitions (Revision)'' (EPA ICR No. 1189.26, OMB Control No. 2050-0053) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a request for approval of a new collection and revision to a single activity contained in an existing approved collection. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Notices]
[Pages 38904-38905]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17268]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2017-0449; FRL-9966-51-OLEM]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Identification, Listing and Rulemaking Petitions 
(Revision)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency is planning to submit a 
revised information collection request (ICR), ``Identification, Listing 
and Rulemaking Petitions (Revision)'' (EPA ICR No. 1189.26, OMB Control 
No. 2050-0053) to the Office of Management and Budget (OMB) for review 
and approval in accordance with the Paperwork Reduction Act. Before 
doing so, EPA is soliciting public comments on specific aspects of the 
proposed information collection as described below. This is a request 
for approval of a new collection and revision to a single activity 
contained in an existing approved collection. An agency may not conduct 
or sponsor and a person is not required to respond to a collection of 
information unless it displays a currently valid OMB control number.

DATES: Comments must be submitted on or before October 16, 2017.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OLEM-
2017-0449, online using www.regulations.gov (our preferred method) or 
by mail to: EPA Docket Center, Environmental Protection Agency, Mail 
Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the 
public docket without change including any personal information 
provided, unless the comment includes profanity, threats, information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, contact Kirsten Hillyer, Office of Resource Conservation and 
Recovery, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., 
Mail Code 5304-P, Washington, DC 20460; telephone number: (703) 347-
0369; email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail 
the information that the EPA will be collecting are available in the 
public docket for this ICR. The docket can be viewed online at 
www.regulations.gov or in person at the EPA Docket Center, WJC West, 
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone 
number for the Docket Center is 202-566-1744. For additional 
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting 
comments and information to enable it to: (i) Evaluate whether the 
proposed collection of information is necessary for the proper 
performance of the functions of the Agency, including whether the 
information will have practical utility; (ii) evaluate the accuracy of 
the Agency's estimate of the burden of the proposed collection of 
information, including the validity of the methodology and assumptions 
used; (iii) enhance the quality, utility, and clarity of the 
information to be collected; and (iv) minimize the burden of the 
collection of information on those who are to respond, including 
through the use of appropriate automated electronic, mechanical, or 
other technological collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses. EPA 
will consider the comments received and amend the ICR as appropriate. 
The final ICR package will then be submitted to OMB for review and 
approval. At that time, EPA will issue another Federal Register notice 
to announce the submission of the ICR to OMB and the opportunity to 
submit additional comments to OMB.
    Abstract: The Resource Conservation and Recovery Act (RCRA) is the 
public law that creates the framework for the proper management of 
hazardous and non-hazardous solid waste. The RCRA regulations 
established by EPA can be found in 40 CFR parts 239 through 282. This 
ICR (ICR No. 1189.26) is a consolidation of a number of previously 
approved RCRA ICRs, including the ICR

[[Page 38905]]

for the rulemaking titled ``Disposal of Coal Combustion Residuals from 
Electric Utilities'' (CCR rule), a rulemaking which was published in 
the Federal Register on April 17, 2015. The CCR rule establishes a 
comprehensive set of requirements for the disposal of CCR in landfills 
and surface impoundments, including minimum federal criteria for 
groundwater monitoring and corrective action, structural stability, 
design and operation standards, closure and post-closure care 
standards, and recordkeeping, reporting and internet posting 
requirements.
    In December 2016, the President signed the Water Infrastructure 
Improvements for the Nation (WIIN) Act. Section 2301 of the WIIN Act 
amended RCRA Subtitle D and established new statutory provisions for 
the control of CCR when placed in CCR landfills and surface 
impoundments. In particular, the WIIN Act provides that states may, but 
are not required to, develop and submit a permit program (or other 
system of prior approval) for control of CCR 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 federal CCR requirements. In order for a state to receive 
approval of its CCR permit program, the state must submit to EPA 
specific materials that would constitute a ``complete'' CCR permit 
program application. The information collection includes those 
activities to develop the necessary CCR permit (or other system of 
prior approval) program materials for submittal to EPA for approval. 
EPA is developing a guidance document to provide states with the 
information needed to apply for CCR program approval.
    To enable EPA to implement the new authorities provided by the WIIN 
Act (that is, to review and make determinations on State programs), EPA 
is revising ICR No. 1189.26 to account for the new burden and cost 
estimates associated with the voluntary actions that states may take to 
obtain CCR permit program approval. In this revision to the ICR, EPA is 
also making changes to the current burden and cost estimates associated 
with a separate voluntary state activity. Specifically, EPA is 
proposing to revise the respondent universe associated with the 
activity of submitting a solid waste management plan to EPA for 
approval. The solid waste management plan is the mechanism where a 
state is able to set out, as part of their overall solid waste program, 
how the state intends to regulate CCR landfills and surface 
impoundments. While the burden and cost associated with this activity 
is included in the currently approved ICR, EPA is revising the burden 
and cost estimates to better reflect the actual state response observed 
since the CCR rule was published in 2015.
    The EPA is not making any other substantive revisions to the 
currently approved ICR. The EPA is only soliciting comments on burden 
and cost estimates associated with activities relating to state CCR 
permit programs and state solid waste management plans and will not 
consider comments on other aspects of the currently approved ICR.
    Form Numbers: None.
    Respondents/affected entities: This ICR affects owners and 
operators of CCR landfills and surface impoundments that dispose or 
otherwise engage in solid waste management of CCR generated from the 
combustion of coal at electric utilities and independent power 
producers. This ICR also affects states that voluntarily elect to seek 
approval from EPA of their state CCR permit program or solid waste 
management plan.
    Respondent's obligation to respond: For the CCR rule portion of the 
ICR, the recordkeeping, notification, and internet posting requirements 
are mandatory under 40 CFR part 257, subpart D. The actions that states 
may take to obtain approval from EPA of either their CCR permit program 
or solid waste management plan is voluntary.
    Estimated number of respondents: 494 (total subject to the CCR rule 
portion of the ICR).
    Frequency of response: Initially, occasionally, annually, and every 
five years.
    Total estimated burden: 354,602 hours (per year) for the CCR rule 
portion of the ICR. Burden is defined at 5 CFR 1320.03(b).
    Total estimated cost: $63,858,128 (per year) for the CCR rule 
portion of the ICR, which includes $41,112,513 annualized capital cost 
or operation & maintenance costs.
    Changes in Estimates: There is decrease of 4,355 hours in the total 
estimated respondent burden compared with the ICR currently approved by 
OMB. The decrease in burden from the most recently approved ICR is due 
to adjustments in the respondent universe associated with state solid 
waste management plan activities. The most recently approved ICR 
overestimated the number of states that would voluntarily update their 
overall solid waste program by submitting to EPA a solid waste 
management plan for CCR for approval. The revision to the burden 
estimates for the solid waste management plan activity exceeded the 
burden estimates associated with the new state CCR permit program 
approval activity, which resulted in an overall decrease in burden 
hours.

    Dated: August 8, 2017.
Barnes Johnson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2017-17268 Filed 8-15-17; 8:45 am]
 BILLING CODE 6560-50-P