83 FR 39744 - Agency Information Collection Activities; Proposed Collection; Comment Request; National Minimum Criteria for Disposal of Coal Combustion Residuals From Electric Utilities

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 155 (August 10, 2018)

Page Range		39744-39745
FR Document		2018-17189

The Environmental Protection Agency (EPA) is planning to submit the information collection request (ICR), National Minimum Criteria for Disposal of Coal Combustion Residuals from Electric Utilities (EPA ICR No. 2571.01, OMB Control No. 2050-NEW) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). Before doing so, the EPA is soliciting public comments on specific aspects of the proposed information collection as described below. The burden associated with this ICR was previously covered by the Identification, Listing and Rulemaking Petitions ICR (EPA ICR No. 1189.26, OMB Control No. 2050- 0053) and is currently approved through November 30, 2018. 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 83 Issue 155 (Friday, August 10, 2018)

[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Pages 39744-39745]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17189]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2018-0082, FRL-9981-78-OLEM]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; National Minimum Criteria for Disposal of Coal 
Combustion Residuals From Electric Utilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to 
submit the information collection request (ICR), National Minimum 
Criteria for Disposal of Coal Combustion Residuals from Electric 
Utilities (EPA ICR No. 2571.01, OMB Control No. 2050-NEW) to the Office 
of Management and Budget (OMB) for review and approval in accordance 
with the Paperwork Reduction Act (PRA). Before doing so, the EPA is 
soliciting public comments on specific aspects of the proposed 
information collection as described below. The burden associated with 
this ICR was previously covered by the Identification, Listing and 
Rulemaking Petitions ICR (EPA ICR No. 1189.26, OMB Control No. 2050-
0053) and is currently approved through November 30, 2018. 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 9, 2018.

ADDRESSES: Submit your comments, referencing by Docket ID No. EPA-HQ-
OLEM-2018-0082, online using www.regulations.gov (our preferred 
method), by email to [email protected], 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

[[Page 39745]]

information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Kirsten Hillyer, Office of Resource 
Conservation and Recovery (mail code 5304P), Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone 
number: 703-347-0369; fax number: 703-308-0514; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail 
the information 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, the 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. The 
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, the 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: On April 17, 2015, 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) (80 FR 21302). 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.
    In December 2016, the President signed the Water Infrastructure 
Improvements for the Nation (WIIN) Act. The WIIN Act 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 developed an interim final 
guidance document that provides information about the provisions of the 
2016 WIIN Act related to CCR as well as the process and procedures EPA 
will generally use to review and make determinations on state CCR 
permit programs. The release of this interim final guidance was 
announced on August 15, 2017 (82 FR 38685), and EPA accepted public 
comment for thirty days.
    On June 14, 2016, the U.S. Court of Appeals for the District of 
Columbia (D.C. Circuit) ordered a partial vacatur. As a consequence of 
the vacatur, EPA published a direct final rule on August 5, 2016 (81 FR 
51802), to remove 40 CFR 257.100(b), (c), and (d), which provided 
``early closure'' provisions for certain inactive CCR surface 
impoundments. It also extended compliance deadlines for those units.
    On July 17, 2018, EPA signed a rule to finalize certain revisions 
to the 2015 CCR regulations to: provide states with approved CCR permit 
programs under the WIIN Act, or EPA where EPA is the permitting 
authority, the ability to use alternate performance standards; to 
revise the groundwater protection standard for constituents which do 
not have an established drinking water standard (known as a maximum 
contaminant level or MCL); and to provide facilities triggered into 
closure additional time to cease receiving waste and initiate closure.
    Form Numbers: None.
    Respondents/affected entities: Business and other for-profit.
    Respondent's obligation to respond: mandatory 42 U.S.C. 6907(a)(3), 
6912(a)(1), 6944(a); 33 U.S.C. 1345(d) and (e).
    Estimated number of respondents: 534.
    Frequency of response: On occasion.
    Total estimated burden: 358,957 hours. Burden is defined at 5 CFR 
1320.03(b).
    Total estimated cost: $63,858,128, which includes $41,112,513 in 
annualized O&M costs and $22,745,615 in annualized labor costs.
    Changes in Estimates: The existing burden hours have been revised 
to reflect changes in the regulatory program realized as a result of 
the August 2016 direct final action, the Interim Final Guidance for 
state CCR programs, and the July 2018 final amendments to the 2015 CCR 
rule. The burden hours are likely to change additionally in the future 
due to ongoing litigation and EPA's stated intention to reconsider 
additional portions of the 2015 rule. Any future burden changes will be 
evaluated once those changes are known.

    Dated: July 25, 2018.
Barnes Johnson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2018-17189 Filed 8-9-18; 8:45 am]
 BILLING CODE 6560-50-P

39744 Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices

Pennsylvania Ave. NW, Washington, DC implement a comprehensive program Dated: July 25, 2018.
20460. for the safe management of hazardous Barnes Johnson,
EPA’s policy is that all comments waste. In addition, Congress wrote that Director, Office of Resource Conservation and
received will be included in the public ‘‘[a]ny person may petition the Recovery.
docket without change including any Administrator for the promulgation, [FR Doc. 2018–17193 Filed 8–9–18; 8:45 am]
personal information provided, unless amendment or repeal of any regulation’’ BILLING CODE 6560–50–P
the comment includes profanity, threats, under RCRA (section 7004(a)).
information claimed to be Confidential 40 CFR parts 260 and 261 contain
Business Information (CBI) or other provisions that allow regulated entities ENVIRONMENTAL PROTECTION
information whose disclosure is to apply for petitions, variances, AGENCY
restricted by statute. exclusions, and exemptions from [EPA–HQ–OLEM–2018–0082, FRL–9981–78–
FOR FURTHER INFORMATION CONTACT: various RCRA requirements. OLEM]
Narendra Chaudhari, Environmental The following are some examples of
Protection Agency, 1200 Pennsylvania information required from petitioners Agency Information Collection
Ave. NW, Washington, DC 20460; under 40 CFR part 260. Under 40 CFR Activities; Proposed Collection;
telephone number: 703–308–0454; fax 260.20(b), all rulemaking petitioners Comment Request; National Minimum
number: 703–308–0514; email address: must submit basic information with Criteria for Disposal of Coal
chaudhari.narendra@epa.gov. their demonstrations, including name, Combustion Residuals From Electric
SUPPLEMENTARY INFORMATION: address, and statement of interest in the Utilities
Supporting documents which explain in proposed action. Under § 260.21, all
detail the information that the EPA will AGENCY: Environmental Protection
petitioners for equivalent testing or Agency (EPA).
be collecting are available in the public analytical methods must include
docket for this ICR. The docket can be specific information in their petitions ACTION: Notice.
viewed online at www.regulations.gov and demonstrate to the satisfaction of SUMMARY: The Environmental Protection
or in person at the EPA Docket Center, the Administrator that the proposed Agency (EPA) is planning to submit the
WJC West, Room 3334, 1301 method is equal to, or superior to, the information collection request (ICR),
Constitution Ave. NW, Washington, DC. corresponding method in terms of its National Minimum Criteria for Disposal
The telephone number for the Docket sensitivity, accuracy, and of Coal Combustion Residuals from
Center is 202–566–1744. For additional reproducibility. Under § 260.22, Electric Utilities (EPA ICR No. 2571.01,
information about EPA’s public docket, petitions to amend part 261 to exclude OMB Control No. 2050–NEW) to the
visit http://www.epa.gov/dockets. a waste produced at a particular facility
Pursuant to section 3506(c)(2)(A) of Office of Management and Budget
(more simply, to delist a waste) must (OMB) for review and approval in
the PRA, the EPA is soliciting comments meet extensive informational
and information to enable it to: (i) accordance with the Paperwork
requirements. When a petition is Reduction Act (PRA). Before doing so,
Evaluate whether the proposed submitted, the Agency reviews
collection of information is necessary the EPA is soliciting public comments
materials, deliberates, publishes its on specific aspects of the proposed
for the proper performance of the tentative decision in the Federal
functions of the Agency, including information collection as described
Register, and requests public comment. below. The burden associated with this
whether the information will have The EPA also may hold informal public
practical utility; (ii) evaluate the ICR was previously covered by the
hearings (if requested by an interested Identification, Listing and Rulemaking
accuracy of the Agency’s estimate of the person or at the discretion of the
burden of the proposed collection of Petitions ICR (EPA ICR No. 1189.26,
Administrator) to hear oral comments OMB Control No. 2050–0053) and is
information, including the validity of on its tentative decision. After
the methodology and assumptions used; currently approved through November
evaluating all comments, the EPA 30, 2018. An Agency may not conduct
(iii) enhance the quality, utility, and publishes its final decision in the
clarity of the information to be or sponsor and a person is not required
Federal Register. to respond to a collection of information
collected; and (iv) minimize the burden Form numbers: None.
of the collection of information on those unless it displays a currently valid OMB
who are to respond, including through Respondents/affected entities: control number.
the use of appropriate automated Business and other for-profit. DATES: Comments must be submitted on
electronic, mechanical, or other Respondent’s obligation to respond: or before October 9, 2018.
technological collection techniques or Mandatory (RCRA 7004(a)). ADDRESSES: Submit your comments,
other forms of information technology, Estimated number of respondents: referencing by Docket ID No. EPA–HQ–
e.g., permitting electronic submission of 2,603. OLEM–2018–0082, online using
responses. The EPA will consider the Frequency of response: On occasion. www.regulations.gov (our preferred
comments received and amend the ICR method), by email to rcra-docket@
Total estimated burden: 485,069 epa.gov, or by mail to: EPA Docket
as appropriate. The final ICR package
hours. Burden is defined at 5 CFR Center, Environmental Protection
will then be submitted to OMB for
1320.03(b). Agency, Mail Code 28221T, 1200
review and approval. At that time, the
EPA will issue another Federal Register Total estimated cost: $64,007,121, Pennsylvania Ave. NW, Washington, DC
notice to announce the submission of which includes $51,653,044 in 20460.
daltland on DSKBBV9HB2PROD with NOTICES

the ICR to OMB and the opportunity to annualized O&M costs and $12,354,077 EPA’s policy is that all comments
submit additional comments to OMB. in annualized labor costs. received will be included in the public
Abstract: Under the authority of the Changes in estimates: The burden docket without change including any
Resource Conservation and Recovery hours are likely to decrease because the personal information provided, unless
Act of 1976 (RCRA), as amended, burden associated with the CCR final the comment includes profanity, threats,
Congress directed the U.S. rule are being moved into a separate information claimed to be Confidential
Environmental Protection Agency to ICR. Business Information (CBI) or other

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Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices 39745

information whose disclosure is criteria, groundwater monitoring and Total estimated burden: 358,957
restricted by statute. corrective action, closure requirements hours. Burden is defined at 5 CFR
FOR FURTHER INFORMATION CONTACT: and post-closure care, and 1320.03(b).
Kirsten Hillyer, Office of Resource recordkeeping, notification, and internet Total estimated cost: $63,858,128,
Conservation and Recovery (mail code posting requirements. which includes $41,112,513 in
5304P), Environmental Protection In December 2016, the President annualized O&M costs and $22,745,615
Agency, 1200 Pennsylvania Ave. NW, signed the Water Infrastructure in annualized labor costs.
Washington, DC 20460; telephone Improvements for the Nation (WIIN) Changes in Estimates: The existing
number: 703–347–0369; fax number: Act. The WIIN Act amended RCRA burden hours have been revised to
703–308–0514; email address: Subtitle D and established new statutory reflect changes in the regulatory
hillyer.kirsten@epa.gov. provisions applicable to CCR landfills program realized as a result of the
and CCR surface impoundments. In August 2016 direct final action, the
SUPPLEMENTARY INFORMATION:
particular, the WIIN Act provides that Interim Final Guidance for state CCR
Supporting documents which explain in
states may, but are not required to, programs, and the July 2018 final
detail the information the EPA will be
develop and submit a permit (or other amendments to the 2015 CCR rule. The
collecting are available in the public
system of prior approval) program for burden hours are likely to change
docket for this ICR. The docket can be
CCR disposal to EPA for approval. Such additionally in the future due to
viewed online at www.regulations.gov
a program does not have to be identical ongoing litigation and EPA’s stated
or in person at the EPA Docket Center,
to the requirements in the CCR rule (40 intention to reconsider additional
WJC West, Room 3334, 1301
CFR part 257, subpart D), but must be portions of the 2015 rule. Any future
Constitution Ave. NW, Washington, DC.
at least as protective as the CCR rule. burden changes will be evaluated once
The telephone number for the Docket
EPA developed an interim final those changes are known.
Center is 202–566–1744. For additional
guidance document that provides
information about EPA’s public docket, Dated: July 25, 2018.
information about the provisions of the
visit http://www.epa.gov/dockets. Barnes Johnson,
2016 WIIN Act related to CCR as well
Pursuant to section 3506(c)(2)(A) of Director, Office of Resource Conservation and
as the process and procedures EPA will
the PRA, the EPA is soliciting comments Recovery.
generally use to review and make
and information to enable it to: (i) [FR Doc. 2018–17189 Filed 8–9–18; 8:45 am]
determinations on state CCR permit
Evaluate whether the proposed
programs. The release of this interim BILLING CODE 6560–50–P
collection of information is necessary
final guidance was announced on
for the proper performance of the
August 15, 2017 (82 FR 38685), and EPA
functions of the Agency, including ENVIRONMENTAL PROTECTION
accepted public comment for thirty
whether the information will have AGENCY
days.
practical utility; (ii) evaluate the On June 14, 2016, the U.S. Court of
accuracy of the Agency’s estimate of the [FRL—9981–72–Region 6]
Appeals for the District of Columbia
burden of the proposed collection of (D.C. Circuit) ordered a partial vacatur. Underground Injection Control
information, including the validity of As a consequence of the vacatur, EPA Program; Hazardous Waste Injection
the methodology and assumptions used; published a direct final rule on August Restrictions; Petition for Exemption—
(iii) enhance the quality, utility, and 5, 2016 (81 FR 51802), to remove 40 Class I Hazardous Waste Injection;
clarity of the information to be CFR 257.100(b), (c), and (d), which Innophos, Inc. Geismar, Louisiana
collected; and (iv) minimize the burden provided ‘‘early closure’’ provisions for
of the collection of information on those certain inactive CCR surface AGENCY: Environmental Protection
who are to respond, including through impoundments. It also extended Agency (EPA).
the use of appropriate automated compliance deadlines for those units. ACTION: Notice of a final decision on a
electronic, mechanical, or other On July 17, 2018, EPA signed a rule UIC no migration petition.
technological collection techniques or to finalize certain revisions to the 2015
other forms of information technology, CCR regulations to: provide states with SUMMARY: Notice is hereby given that an
e.g., permitting electronic submission of approved CCR permit programs under exemption to the Land Disposal
responses. The EPA will consider the the WIIN Act, or EPA where EPA is the Restrictions, under the 1984 Hazardous
comments received and amend the ICR permitting authority, the ability to use and Solid Waste Amendments to the
as appropriate. The final ICR package alternate performance standards; to Resource Conservation and Recovery
will then be submitted to OMB for revise the groundwater protection Act, has been granted to Innophos for
review and approval. At that time, the standard for constituents which do not two Class I hazardous waste injection
EPA will issue another Federal Register have an established drinking water wells located at their Geismar,
notice to announce the submission of standard (known as a maximum Louisiana facility. The company has
the ICR to OMB and the opportunity to contaminant level or MCL); and to adequately demonstrated to the
submit additional comments to OMB. provide facilities triggered into closure satisfaction of the EPA by the petition
Abstract: On April 17, 2015, the EPA additional time to cease receiving waste application and supporting
published a final rule to regulate the and initiate closure. documentation that, to a reasonable
disposal of coal combustion residuals Form Numbers: None. degree of certainty, there will be no
(CCR) from electric utilities as solid Respondents/affected entities: migration of hazardous constituents
waste under Subtitle D of the Resource Business and other for-profit. from the injection zone for as long as the
daltland on DSKBBV9HB2PROD with NOTICES

Conservation and Recovery Act (RCRA) Respondent’s obligation to respond: waste remains hazardous. This final
(80 FR 21302). EPA established national mandatory 42 U.S.C. 6907(a)(3), decision allows the underground
minimum criteria for existing and new 6912(a)(1), 6944(a); 33 U.S.C. 1345(d) injection by Innophos of the specific
CCR landfills and CCR surface and (e). restricted hazardous wastes identified in
impoundments and all lateral Estimated number of respondents: this exemption request, into Class I
expansions to include location 534. hazardous waste injection wells DW#1
restrictions, design and operating Frequency of response: On occasion. and DW#2 until July 12, 2048, unless

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Document Created: 2018-08-10 01:57:51
Document Modified: 2018-08-10 01:57:51

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Comments must be submitted on or before October 9, 2018.
Contact		Kirsten Hillyer, Office of Resource Conservation and Recovery (mail code 5304P), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone
FR Citation		83 FR 39744