Agency Information Collection Activities; Proposed Collection; Comment Request; National Minimum Criteria for Disposal of Coal Combustion Residuals From Electric Utilities, 39744-39745 [2018-17189]

Download as PDF daltland on DSKBBV9HB2PROD with NOTICES 39744 Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices 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: Narendra Chaudhari, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 703–308–0454; fax number: 703–308–0514; email address: chaudhari.narendra@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. 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: Under the authority of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, Congress directed the U.S. Environmental Protection Agency to VerDate Sep<11>2014 19:03 Aug 09, 2018 Jkt 244001 implement a comprehensive program for the safe management of hazardous waste. In addition, Congress wrote that ‘‘[a]ny person may petition the Administrator for the promulgation, amendment or repeal of any regulation’’ under RCRA (section 7004(a)). 40 CFR parts 260 and 261 contain provisions that allow regulated entities to apply for petitions, variances, exclusions, and exemptions from various RCRA requirements. The following are some examples of information required from petitioners under 40 CFR part 260. Under 40 CFR 260.20(b), all rulemaking petitioners must submit basic information with their demonstrations, including name, address, and statement of interest in the proposed action. Under § 260.21, all petitioners for equivalent testing or analytical methods must include specific information in their petitions and demonstrate to the satisfaction of the Administrator that the proposed method is equal to, or superior to, the corresponding method in terms of its sensitivity, accuracy, and reproducibility. Under § 260.22, petitions to amend part 261 to exclude a waste produced at a particular facility (more simply, to delist a waste) must meet extensive informational requirements. When a petition is submitted, the Agency reviews materials, deliberates, publishes its tentative decision in the Federal Register, and requests public comment. The EPA also may hold informal public hearings (if requested by an interested person or at the discretion of the Administrator) to hear oral comments on its tentative decision. After evaluating all comments, the EPA publishes its final decision in the Federal Register. Form numbers: None. Respondents/affected entities: Business and other for-profit. Respondent’s obligation to respond: Mandatory (RCRA 7004(a)). Estimated number of respondents: 2,603. Frequency of response: On occasion. Total estimated burden: 485,069 hours. Burden is defined at 5 CFR 1320.03(b). Total estimated cost: $64,007,121, which includes $51,653,044 in annualized O&M costs and $12,354,077 in annualized labor costs. Changes in estimates: The burden hours are likely to decrease because the burden associated with the CCR final rule are being moved into a separate ICR. PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 Dated: July 25, 2018. Barnes Johnson, Director, Office of Resource Conservation and Recovery. [FR Doc. 2018–17193 Filed 8–9–18; 8:45 am] BILLING CODE 6560–50–P 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 Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: 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 rcra-docket@ epa.gov, 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 SUMMARY: E:\FR\FM\10AUN1.SGM 10AUN1 Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices information whose disclosure is restricted by statute. daltland on DSKBBV9HB2PROD with NOTICES 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: hillyer.kirsten@epa.gov. 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 VerDate Sep<11>2014 19:03 Aug 09, 2018 Jkt 244001 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. PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 39745 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 ENVIRONMENTAL PROTECTION AGENCY [FRL—9981–72–Region 6] Underground Injection Control Program; Hazardous Waste Injection Restrictions; Petition for Exemption— Class I Hazardous Waste Injection; Innophos, Inc. Geismar, Louisiana Environmental Protection Agency (EPA). ACTION: Notice of a final decision on a UIC no migration petition. AGENCY: Notice is hereby given that an exemption to the Land Disposal Restrictions, under the 1984 Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act, has been granted to Innophos for two Class I hazardous waste injection wells located at their Geismar, Louisiana facility. The company has adequately demonstrated to the satisfaction of the EPA by the petition application and supporting documentation that, to a reasonable degree of certainty, there will be no migration of hazardous constituents from the injection zone for as long as the waste remains hazardous. This final decision allows the underground injection by Innophos of the specific restricted hazardous wastes identified in this exemption request, into Class I hazardous waste injection wells DW#1 and DW#2 until July 12, 2048, unless SUMMARY: E:\FR\FM\10AUN1.SGM 10AUN1

Agencies

[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.

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

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