83 FR 48816 - Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; State Program Adequacy Determination (Renewal)

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 188 (September 27, 2018)

Page Range		48816-48817
FR Document		2018-20635

The Environmental Protection Agency has submitted an information collection request (ICR), ``State Program Adequacy Determination (Renewal).'' (EPA ICR No. 1608.08, OMB Control No. 2050- 0152) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through September 30, 2018. Public comments were previously requested via the Federal Register on May 08, 2018 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. 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 188 (Thursday, September 27, 2018)

[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Notices]
[Pages 48816-48817]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20635]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2018-0012; FRL-9984-13-OEI]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; State Program Adequacy 
Determination (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an 
information collection request (ICR), ``State Program Adequacy 
Determination (Renewal).'' (EPA ICR No. 1608.08, OMB Control No. 2050-
0152) to the Office of Management and Budget (OMB) for review and 
approval in accordance with the Paperwork Reduction Act. This is a 
proposed extension of the ICR, which is currently approved through 
September 30, 2018. Public comments were previously requested via the 
Federal Register on May 08, 2018 during a 60-day comment period. This 
notice allows for an additional 30 days for public comments. A fuller 
description of the ICR is given below, including its estimated burden 
and cost to the public. 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: Additional comments may be submitted on or before October 29, 
2018.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OLEM-2018-0012, to (1) EPA online using www.regulations.gov (our 
preferred method), by email to rcra-docket@epa.gov, or by mail to: EPA 
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 
Pennsylvania Ave. NW, Washington, DC 20460, and (2) OMB via email to 
oira_submission@omb.eop.gov. Address comments to OMB Desk Officer for 
EPA.
    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: Craig Dufficy, Materials Recovery and 
Waste Management Division, Office of Resource Conservation and 
Recovery, mail code 5304P, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (703) 
308-9037; fax number: (703) 308-8686; email address: 
Dufficy.craig@epa.gov.

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.
    Abstract: Section 4010(c) of the Resource Conservation and Recovery 
Act (RCRA) of 1976 requires that EPA revise the landfill criteria 
promulgated under paragraph (1) of Section 4004(a) and Section 
1008(a)(3). Section 4005(c) of RCRA, as amended by the Hazardous Solid 
Waste Amendments (HSWA) of 1984, requires states to develop and 
implement permit programs to ensure that MSWLFs and non-municipal, non-
hazardous waste disposal units that receive household hazardous waste 
or CESQG hazardous waste are in compliance with the revised criteria 
for the design and operation of non-municipal, non-hazardous waste 
disposal units under 40 CFR part 257, subpart B and MSWLFs under 40 CFR 
part 258. (40 CFR part 257, subpart B and 40 CFR part 258 are 
henceforth referred to as the ``revised federal criteria''.) Section 
4005(c) of RCRA further mandates the EPA Administrator to determine the 
adequacy of state permit programs to ensure owner and/or operator 
compliance with the revised federal criteria. A state program that is 
deemed adequate to ensure compliance may afford flexibility to owners 
or operators in the approaches they use to meet federal requirements, 
significantly reducing the burden associated with compliance.
    In response to the statutory requirement in Sec.  4005(c), EPA 
developed 40 CFR part 239, commonly referred to as the State 
Implementation Rule (SIR). The SIR describes the state application and 
EPA review procedures and defines the elements of an adequate state 
permit program.
    The collection of information from the state during the permit 
program adequacy determination process allows EPA to evaluate whether a 
program for which approval is requested is appropriate in structure and 
authority to ensure owner or operator compliance

[[Page 48817]]

with the revised federal criteria. The SIR does not require the use of 
a particular application form. Section 239.3 of the SIR, however, 
requires that all state applications contain the following five 
components:
    (1) A transmittal letter requesting permit program approval.
    (2) A narrative description of the state permit program, including 
a demonstration that the state's standards for non-municipal, non-
hazardous waste disposal units that receive CESQG hazardous waste are 
technically comparable to the Part 257, Subpart B criteria and/or that 
its MSWLF standards are technically comparable to the Part 258 
criteria.
    (3) A legal certification demonstrating that the state has the 
authority to carry out the program.
    (4) Copies of state laws, regulations, and guidance that the state 
believes demonstrate program adequacy.
    (5) Copies of relevant state-tribal agreements if the state has 
negotiated with a tribe for the implementation of a permit program for 
non-municipal, non-hazardous waste disposal units that receive CESQG 
hazardous waste and/or MSWLFs on tribal lands.
    The EPA Administrator has delegated the authority to make 
determinations of adequacy, as contained in the statute, to the EPA 
Regional Administrator. The appropriate EPA Regional Office, therefore, 
will use the information provided by each state to determine whether 
the state's permit program satisfies the statutory test reflected in 
the requirements of 40 CFR part 239. In all cases, the information will 
be analyzed to determine the adequacy of the state's permit program for 
ensuring compliance with the federal revised criteria.
    Form Numbers: None.
    Respondents/affected entities: State, Local, or Tribal Governments.
    Respondent's obligation to respond: Mandatory under Section 4005(c) 
of RCRA.
    Estimated number of respondents: 12.
    Frequency of response: On occasion.
    Total estimated burden: 968 hours (per year). Burden is defined at 
5 CFR 1320.03(b).
    Total estimated cost: $57,872 (per year), which includes $57,872 
for annual labor and $0 for annualized capital or operation & 
maintenance costs.
    Changes in the Estimates: There is no change in the total estimated 
burden currently identified in the OMB Inventory of Approved ICR 
Burdens.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2018-20635 Filed 9-26-18; 8:45 am]
 BILLING CODE 6560-50-P

48816 Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Notices

Projects has reviewed the application ENVIRONMENTAL PROTECTION mail code 5304P, Environmental
for a new license for the 1,785-megawatt AGENCY Protection Agency, 1200 Pennsylvania
Ludington Pumped Storage Project Ave. NW, Washington, DC 20460;
[EPA–HQ–OLEM–2018–0012; FRL–9984–
(FERC Project No. 2680–113) and has telephone number: (703) 308–9037; fax
13–OEI]
prepared a single environmental number: (703) 308–8686; email address:
assessment (EA). The project consists of Agency Information Collection Dufficy.craig@epa.gov.
an upper reservoir and a lower reservoir Activities; Submission to OMB for SUPPLEMENTARY INFORMATION:
located on the east shore of Lake Review and Approval; Comment Supporting documents which explain in
Michigan in the townships of Pere Request; State Program Adequacy detail the information that the EPA will
Marquette and Summit, Mason County, Determination (Renewal) be collecting are available in the public
Michigan and in Port Sheldon, Ottawa docket for this ICR. The docket can be
County, Michigan. AGENCY: Environmental Protection viewed online at www.regulations.gov
In the EA, Commission staff analyzes Agency (EPA). or in person at the EPA Docket Center,
the potential environmental effects of ACTION: Notice. WJC West, Room 3334, 1301
relicensing the project and concludes Constitution Ave. NW, Washington, DC.
that issuing a new license for the SUMMARY: The Environmental Protection
Agency has submitted an information The telephone number for the Docket
project, with appropriate environmental Center is 202–566–1744. For additional
measures, would not constitute a major collection request (ICR), ‘‘State Program
Adequacy Determination (Renewal).’’ information about EPA’s public docket,
federal action significantly affecting the visit http://www.epa.gov/dockets.
quality of the human environment. (EPA ICR No. 1608.08, OMB Control No.
2050–0152) to the Office of Management Abstract: Section 4010(c) of the
A copy of the EA is available for Resource Conservation and Recovery
review at the Commission in the Public and Budget (OMB) for review and
approval in accordance with the Act (RCRA) of 1976 requires that EPA
Reference Room or may be viewed on revise the landfill criteria promulgated
the Commission’s website at Paperwork Reduction Act. This is a
proposed extension of the ICR, which is under paragraph (1) of Section 4004(a)
www.ferc.gov using the eLibrary link. and Section 1008(a)(3). Section 4005(c)
Enter the docket number, excluding the currently approved through September
30, 2018. Public comments were of RCRA, as amended by the Hazardous
last three digits, in the docket number Solid Waste Amendments (HSWA) of
field to access the document. For previously requested via the Federal
Register on May 08, 2018 during a 60- 1984, requires states to develop and
assistance, contact FERC Online implement permit programs to ensure
Support at ferconlinesupport@ferc.gov; day comment period. This notice allows
for an additional 30 days for public that MSWLFs and non-municipal, non-
toll-free at 1–866–208–3676; or for TTY, hazardous waste disposal units that
(202) 502–8659. comments. A fuller description of the
ICR is given below, including its receive household hazardous waste or
You may also register online at
estimated burden and cost to the public. CESQG hazardous waste are in
www.ferc.gov/docs-filing/
An Agency may not conduct or sponsor compliance with the revised criteria for
esubscription.asp to be notified via
and a person is not required to respond the design and operation of non-
email of new filings and issuances
to a collection of information unless it municipal, non-hazardous waste
related to this or other pending projects.
displays a currently valid OMB control disposal units under 40 CFR part 257,
For assistance, contact FERC Online
number. subpart B and MSWLFs under 40 CFR
Support.
part 258. (40 CFR part 257, subpart B
Any comments should be filed within DATES: Additional comments may be
and 40 CFR part 258 are henceforth
30 days from the date of this notice. The submitted on or before October 29, referred to as the ‘‘revised federal
Commission strongly encourages 2018. criteria’’.) Section 4005(c) of RCRA
electronic filing. Please file comments ADDRESSES: Submit your comments, further mandates the EPA Administrator
using the Commission’s eFiling system referencing Docket ID Number EPA– to determine the adequacy of state
at http://www.ferc.gov/docs-filing/ HQ–OLEM–2018–0012, to (1) EPA permit programs to ensure owner and/
efiling.asp. Commenters can submit online using www.regulations.gov (our or operator compliance with the revised
brief comments up to 6,000 characters, preferred method), by email to rcra- federal criteria. A state program that is
without prior registration, using the docket@epa.gov, or by mail to: EPA deemed adequate to ensure compliance
eComment system at http:// Docket Center, Environmental may afford flexibility to owners or
www.ferc.gov/docs-filing/ Protection Agency, Mail Code 28221T, operators in the approaches they use to
ecomment.asp. You must include your 1200 Pennsylvania Ave. NW, meet federal requirements, significantly
name and contact information at the end Washington, DC 20460, and (2) OMB via reducing the burden associated with
of your comments. For assistance, email to oira_submission@omb.eop.gov. compliance.
please contact FERC Online Support. In Address comments to OMB Desk Officer In response to the statutory
lieu of electronic filing, please send a for EPA. requirement in § 4005(c), EPA
paper copy to: Secretary, Federal Energy EPA’s policy is that all comments developed 40 CFR part 239, commonly
Regulatory Commission, 888 First Street received will be included in the public referred to as the State Implementation
NE, Washington, DC 20426. The first docket without change including any Rule (SIR). The SIR describes the state
page of any filing should include docket personal information provided, unless application and EPA review procedures
number P–2680–113. the comment includes profanity, threats,
For further information, contact and defines the elements of an adequate
information claimed to be Confidential state permit program.
Shana Wiseman at (202) 502–8736 or by
daltland on DSKBBV9HB2PROD with NOTICES

Business Information (CBI) or other The collection of information from the
email at shana.wiseman@ferc.gov.
information whose disclosure is state during the permit program
Dated: September 20, 2018. restricted by statute. adequacy determination process allows
Kimberly D. Bose, FOR FURTHER INFORMATION CONTACT: EPA to evaluate whether a program for
Secretary. Craig Dufficy, Materials Recovery and which approval is requested is
[FR Doc. 2018–21058 Filed 9–26–18; 8:45 am] Waste Management Division, Office of appropriate in structure and authority to
BILLING CODE 6717–01–P Resource Conservation and Recovery, ensure owner or operator compliance

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Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Notices 48817

with the revised federal criteria. The SIR currently identified in the OMB authorizes any person to petition the
does not require the use of a particular Inventory of Approved ICR Burdens. EPA Administrator to object to a title V
application form. Section 239.3 of the operating permit within 60 days after
Courtney Kerwin,
SIR, however, requires that all state the expiration of the EPA’s 45-day
Director, Regulatory Support Division.
applications contain the following five review period if the EPA has not
components: [FR Doc. 2018–20635 Filed 9–26–18; 8:45 am] objected on its own initiative. Petitions
(1) A transmittal letter requesting
BILLING CODE 6560–50–P must be based only on objections to the
permit program approval. permit that were raised with reasonable
specificity during the public comment
(2) A narrative description of the state ENVIRONMENTAL PROTECTION period provided by the state, unless the
permit program, including a AGENCY petitioner demonstrates that it was
demonstration that the state’s standards [FRL–9984–26—Region 9] impracticable to raise such objections
for non-municipal, non-hazardous waste during the comment period or unless
disposal units that receive CESQG Clean Air Act Operating Permit the grounds for such objections arose
hazardous waste are technically Program; Petition for Objection to after this period.
comparable to the Part 257, Subpart B State Operating Permit for the Phillips The EPA received the Petition from
criteria and/or that its MSWLF 66 San Francisco Refinery Communities for a Better Environment,
standards are technically comparable to San Francisco Baykeeper, Center for
the Part 258 criteria. AGENCY: Environmental Protection
Agency (EPA). Biological Diversity, Friends of the
(3) A legal certification demonstrating Earth, Stand.earth, and Sierra Club
ACTION: Notice of final Order on Petition
that the state has the authority to carry dated March 19, 2018, requesting that
for objection to Clean Air Act title V
out the program. the EPA object to the issuance of
operating permit.
(4) Copies of state laws, regulations, operating permit for Facility No. A0016,
and guidance that the state believes SUMMARY: The Environmental Protection issued by the BAAQMD to Phillips 66
demonstrate program adequacy. Agency (EPA) Administrator signed an in Contra Costa County, California. The
Order dated August 8, 2018, denying a Petition raised various claims centered
(5) Copies of relevant state-tribal Petition dated March 19, 2018, from around the allegation that the District
agreements if the state has negotiated Communities for a Better Environment, improperly and unlawfully issued a title
with a tribe for the implementation of a San Francisco Baykeeper, Center for V permit renewal because it included an
permit program for non-municipal, non- Biological Diversity, Friends of the approval of permitted capacity increases
hazardous waste disposal units that Earth, Stand.earth, and Sierra Club. The for two hydrocracking emission units
receive CESQG hazardous waste and/or Petition requested that the EPA object to without providing adequate notice to
MSWLFs on tribal lands. a Clean Air Act (CAA) title V operating the public and without a legal or factual
The EPA Administrator has delegated permit issued by the Bay Area Air basis for the approval.
the authority to make determinations of Quality Management District (BAAQMD On August 8, 2018, the EPA
adequacy, as contained in the statute, to or the District) to Facility No. A0016, Administrator issued an Order denying
the EPA Regional Administrator. The the Phillips 66 San Francisco Refinery the Petition. The Order explains the
appropriate EPA Regional Office, (Phillips 66 or the facility), located in basis for the EPA’s decision.
therefore, will use the information Contra Costa County, California. Sections 307(b) and 505(b)(2) of the
provided by each state to determine ADDRESSES: The EPA requests that you CAA provide that a petitioner may
whether the state’s permit program contact the individual listed in the FOR request judicial review of those portions
satisfies the statutory test reflected in FURTHER INFORMATION CONTACT section to of an order that deny issues in a
the requirements of 40 CFR part 239. In view copies of the final Order, the petition. Any petition for review shall
all cases, the information will be Petition, and other supporting be filed in the United States Court of
analyzed to determine the adequacy of information. You may review copies of Appeals for the appropriate circuit no
the state’s permit program for ensuring the final Order, the Petition, and other later than November 26, 2018.
compliance with the federal revised supporting information at the EPA Dated: September 6, 2018.
criteria. Region IX Office, 75 Hawthorne Street, Deborah Jordan,
Form Numbers: None. San Francisco, California 94105. You Acting Regional Administrator, Region IX.
Respondents/affected entities: State, may view the hard copies Monday [FR Doc. 2018–21085 Filed 9–26–18; 8:45 am]
Local, or Tribal Governments. through Friday, from 9 a.m. to 3 p.m., BILLING CODE 6560–50–P
excluding federal holidays. If you wish
Respondent’s obligation to respond: to examine these documents, you
Mandatory under Section 4005(c) of should make an appointment at least 24
RCRA. DEPARTMENT OF HEALTH AND
hours before the visiting day. HUMAN SERVICES
Estimated number of respondents: 12. Additionally, the final Order and
Frequency of response: On occasion. Petition are available electronically at: Centers for Disease Control and
https://www.epa.gov/title-v-operating- Prevention
Total estimated burden: 968 hours permits/title-v-petition-database.
(per year). Burden is defined at 5 CFR Clinical Laboratory Improvement
FOR FURTHER INFORMATION CONTACT:
1320.03(b). Advisory Committee (CLIAC); Meeting
Shaheerah Kelly, EPA Region IX, (415)
daltland on DSKBBV9HB2PROD with NOTICES

Total estimated cost: $57,872 (per 947–4156, kelly.shaheerah@epa.gov.
year), which includes $57,872 for AGENCY: Centers for Disease Control and
SUPPLEMENTARY INFORMATION: The CAA Prevention (CDC), Department of Health
annual labor and $0 for annualized affords the EPA a 45-day period to
capital or operation & maintenance and Human Services (HHS).
review and object to, as appropriate, ACTION: Notice of meeting.
costs. operating permits proposed by state
Changes in the Estimates: There is no permitting authorities under title V of SUMMARY: In accordance with the
change in the total estimated burden the CAA. Section 505(b)(2) of the CAA Federal Advisory Committee Act, the

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Document Created: 2018-09-27 01:05:06
Document Modified: 2018-09-27 01:05:06

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		Additional comments may be submitted on or before October 29, 2018.
Contact		Craig Dufficy, Materials Recovery and Waste Management Division, Office of Resource Conservation and Recovery, mail code 5304P, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (703)
FR Citation		83 FR 48816