Agency Information Collection Activities; Proposed Collection; Comment Request; Disposal of Coal Combustion Residuals From Electric Utilities, EPA ICR No. 2609.03, OMB Control No. 2050-0223, 26537-26538 [2023-09123]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 88, Number 83 (Monday, May 1, 2023)]
[Notices]
[Pages 26537-26538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09123]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2023-0244, FRL-10921-01-OLEM]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Disposal of Coal Combustion Residuals From Electric 
Utilities, EPA ICR No. 2609.03, OMB Control No. 2050-0223

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), Disposal of Coal 
Combustion Residuals from Electric Utilities, EPA ICR No. 2609.03, OMB 
Control No. 2050-0223 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 in 
SUPPLEMENTARY INFORMATION. This is a proposed extension of the ICR, 
which is currently approved through December 31, 2023. 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 June 30, 2023.

ADDRESSES: Submit your comments, referencing by Docket ID No. EPA-HQ-
OLEM-2023-0244, at https://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.
    Once submitted, comments cannot be edited or removed from the 
docket. The EPA may publish any comment received to its public docket. 
Do not submit to EPA's docket at https://www.regulations.gov any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For

[[Page 26538]]

additional submission methods, the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit https://www.epa.gov//dockets.

FOR FURTHER INFORMATION CONTACT: Peggy Vyas, Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone 
number: 202-566-0453; [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. Materials can also be viewed at the Reading Room 
located at the EPA Docket Center, WJC West Building, Room 3334, 1301 
Constitution Avenue NW, Washington, DC 20004. The Docket Center's hours 
of operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal 
Holidays). The telephone number for the Docket Center is 202-566-1744.
    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: The EPA published a final rule to regulate the disposal 
of coal combustion residuals (CCR) from electric utilities as solid 
waste under RCRA Subtitle D (see 80 FR 21302, April 17, 2015). 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. Since the final rule, several court decisions 
have required accelerated closure timelines for many units and forced 
closures for many units previously categorized as lined. In 2020, EPA 
published the ``Hazardous and Solid Waste Management System: Disposal 
of CCR; A Holistic Approach to Closure Part B: Alternate Demonstration 
for Unlined Surface Impoundments Rule'' which allows for units to 
receive variances for unlined surface impoundments (see 85 FR 72506, 
November 12, 2020). This ICR includes the voluntary action that states 
may take to obtain permit program approval. With this renewal, this ICR 
also incorporates the burden currently covered by OMB Control No. 2050-
0053.
    Form Numbers: None.
    Respondents/affected entities: Business and other for-profit as 
well as States, Local and Tribal governments.
    Respondent's obligation to respond: Required to obtain or retain a 
benefit (RCRA Sections 1008, 4004, 4005(a)).
    Estimated number of respondents: 730.
    Frequency of response: On occasion.
    Total estimated burden: 177,498 hours. Burden is defined at 5 CFR 
1320.03(b).
    Total estimated cost: $18,347,854, which includes $10,024,078 
annualized labor costs and $8,323,776 annualized capital or O&M costs.
    Changes in estimates: The burden hours are likely to stay 
substantially the same.

Carolyn Hoskinson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2023-09123 Filed 4-28-23; 8:45 am]
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