[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Pages 39744-39745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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


