[Federal Register Volume 61, Number 147 (Tuesday, July 30, 1996)]
[Notices]
[Pages 39641-39644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19326]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5542-3]


Information Collection for Request Solid Waste Disposal Facility 
Criteria (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of request for renewal.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this notice announces that the Information Collection Request 
(ICR) listed below will be submitted to the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
for renewal.

DATES: Comments must be submitted on or before September 30, 1996.

ADDRESSES: Comments should be sent to Docket Number F-96-FCIP-FFFFF 
located in the RCRA Docket Information Center, Office of Solid Waste 
(5305W), U.S. Environmental Protection Agency Headquarters (EPA HQ), 
401 M Street, SW., Washington, D.C. 20460. One original and two copies 
of each comment should be submitted. Hand delivery of comments should 
be made to the RCRA Information Center (RIC), located at Crystal 
Gateway I, First Floor, 1235 Jefferson Davis Highway, Arlington, VA. 
The RIC is open from 9 a.m. to 4 p.m., Monday through Friday, excluding 
federal holidays. Comments may also be submitted electronically through 
the Internet to: rcra-

[[Page 39642]]

[email protected]. Comments in electronic format should also be 
identified by the docket number F-96-FCIP-FFFFF. All electronic 
comments must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. Commenters should not submit 
electronically any confidential business information (CBI). Interested 
persons may obtain a copy of the draft ICR by calling (703) 308-7261.

FOR FURTHER INFORMATION CONTACT: Allen J. Geswein, Municipal and 
Industrial Solid Waste Division, Office of Solid Waste(5306W), 401 M 
Street, SW, Washington, D.C. 20460, (703)308-7261.

Supplementary Information:

I. Information Collection Request

    EPA is seeking comments on ICR #1381, OMB No. 2050-0122.
    Title: Solid Waste Disposal Facility Criteria (RCRA Part 258).
    Affected entities: Owners or operators of new MSWLFs, existing 
MSWLFs, and lateral expansions of existing MSWLFs. These owners or 
operators could include Federal, State, and local governments, and 
private waste management companies. Facilities in SIC codes 922, 495, 
282, 281, and 287 may be affected by this rule.
    Abstract: Under statutory authority found in RCRA Part 258, EPA 
established mandatory regulations (See 40 CFR Part 258) that 
established the criteria for Municipal Solid Waste Landfills (MSWLFs) 
that co-dispose of sewage sludge and that receive ash from municipal 
waste combustion (MWC) facilities (including ash monofills). EPA 
believes these requirements mitigate potential hazards to human health 
and the environment from the potential mismanagement by owners or 
operators of MSWLFs. Except as described below, these criteria became 
effective on October 9, 1993. Subsequently, on October 18, 1994, the 
Agency extended the compliance date for the Financial Assurance 
(Subpart G) requirements until April 9, 1997. Additionally, on October 
6, 1995, EPA delayed the effective date for MSWLFs that receive less 
than 20 tons of waste per day until October 9, 1997.
    The information covered by this ICR will be used by the State 
Director to confirm owner or operator compliance with the regulations 
under Part 258.
    Burden Statement: The burden to respondents for complying with the 
Part 258 information collection requirements is approximately 298,000 
hours per year, with an annual cost of $12,700,000. These burdens are 
based on the assumption that there are 3500 existing MSWLFs and that 
there are an estimated 200 new MSWLFs.
    Small or Remote MSWLFs: EPA estimates that the total burden would 
apply to approximately 800 ``small'' MSWLFs located in remote and/or 
arid regions. The requirement is that the MSWLF owner or operator make 
the determination that they meet the criteria in Sec. 258.1(f)(2). 
There is a one-time reporting burden of two hours per facility.
    EPA estimates that 5% (40) of the total number of small facilities 
will discover ground-water contamination and must notify the State 
Director and comply with the liner requirements in Subpart B. This 
would occur over an estimated 10 years and 4 facilities per year for 
purposes of this estimate. The one-time recordkeeping burden is 
estimated to be 30 hours per facility. There would be no annual burden. 
There is a one-time reporting burden of two hours per facility.

Location Restrictions

    Airport Safety: Of the estimated 200 new MSWLF units and lateral 
expansions that are affected by this requirement, approximately 50% are 
expected to be within the areas of airport safety. EPA has estimated a 
one-time recordkeeping requirement for this location restriction of 10 
hours per facility. There is a one-time reporting burden of two hours 
per facility.
    Floodplains: Of the estimated 200 new MSWLF units and lateral 
expansions that are affected by this requirement, approximately 20% are 
expected to be within the 100-year floodplain. EPA has estimated a one-
time recordkeeping requirement for this location restriction of 10 
hours per facility. There is a one-time reporting burden of two hours 
per facility.
    Wetlands: This requirement comes from the Clean Water Act (CWA) and 
incorporates EPA guidelines developed pursuant to the CWA. Any 
recordkeeping requirement is attributable to implementing the CWA and 
not the MSWLF Criteria. Therefore, in order to avoid double counting, 
no recordkeeping requirements for this location provision are included 
in this estimate. The reporting and recordkeeping requirements are 
reported under OMB Control Number 2040-0086.
    Fault Areas: Of the estimated 200 new MSWLF units and lateral 
expansions that are affected by this requirement less than 10% are 
expected to be in a fault area. A one-time recordkeeping requirement 
for this location restriction of 10 hours per facility is estimated. 
However, the recordkeeping requirement is included under Sec. 258.29 
because there is no authority under Sec. 258.13 to require 
recordkeeping. There is a one-time reporting burden of two hours per 
facility.
    Seismic Impact Zones: Less than 10% of the estimated 200 new MSWLFs 
and lateral expansions are expected to be in a seismic impact zone. EPA 
has estimated a one-time recordkeeping requirement for this location 
restriction of 10 hours per facility. There is a one-time reporting 
burden of two hours per facility.
    Unstable Areas: Less than 10% of the estimated 200 new MSWLFs and 
lateral expansions are expected to be in an unstable area. EPA assumes 
that owner's and/or operators of existing units would have made the 
appropriate demonstration prior to January 1997. EPA has estimated a 
one-time recordkeeping requirement for this location restriction of 10 
hours per facility. There is a one-time reporting burden of two hours 
per facility.
    Closure of Existing MSWLFs: Of the existing 3500 MSWLFs, EPA 
estimates that less than 2% of the owners or operators of existing 
MSWLFs that are located near airports (Sec. 258.10(a)), floodplains 
(Sec. 258.11(a)), or in unstable areas (Sec. 258.15(a)) will attempt to 
extend the deadline for closure until October 9, 1998. EPA estimates 
the one-time recordkeeping requirement for these 70 facilities to be 40 
hours. There is a one-time reporting burden of two hours per facility.

Operating Criteria

Procedures To Exclude Hazardous Wastes
    EPA estimates an annual recordkeeping burden of 10 hours per year 
for each of the 3500 landfills for training and an annual reporting 
burden of two hours per facility. In addition there is a one-time two 
hour reporting burden for each of the 50 landfills that are estimated 
to detect regulated quantities of hazardous or PCB waste. These 50 
MSWLF owners or operators must notify the State Director (or the EPA 
Regional Administrator) if a regulated hazardous waste or PCB waste is 
discovered at the facility. This adds a one-time reporting burden of 
two hours for those 50 facilities.
Cover Material Requirements
    EPA assumes that owner's and/or operators of existing units would 
have made the appropriate demonstration prior to January 1998; 
therefore, there is no burden for existing units. Of the estimated 200 
new MSWLFs and lateral

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expansions that are eligible for these demonstrations, EPA estimates 
that less than 10% are expected to conduct the demonstrations. For 
MSWLF units making the demonstration, EPA has estimated a one-time 
recordkeeping burden of 24 hours per facility. There is a one-time 
reporting burden of two hours for those 20 facilities.
Explosive Gases Control
    EPA estimates a one time recordkeeping burden of 24 hours to set up 
a methane monitoring program for the estimated 200 new units and 6 
hours per year recordkeeping burden to record the results of the 
monitoring for each of the 3500 operating units.
    The requirement to develop a remediation plan and report to the 
State would only apply to those facilities that exceed the standards 
for methane at the facility. EPA estimates that this will occur at 50 
of the 3500 operating facilities per year and that each of these 
facilities would have a one-time recordkeeping burden of 16 hours per 
year. There is a one-time reporting burden of two hours for those 50 
facilities.
Liquids Restrictions
    This one-time reporting requirement will apply only to the 
facilities that recirculate gas condensate or leachate and that have 
composite liners. Of the 200 new MSWLFs, EPA estimates that there are 
100 such facilities. EPA assumes that the required recordkeeping would 
take 2 hours per facility and that the one-time reporting requirement 
will take 2 hours per facility.
Recordkeeping Requirements
    Owners and operators of MSWLFs must notify the State Director when 
any of the demonstrations (documentation) required by other sections of 
this rule have been added to the facility operating record. The 
recordkeeping and reporting requirements for Sec. 258.13 (Fault areas) 
of 10 hours per facility are contained in this section.

Design Criteria

Alternative Liner Design
    Owners or operators of MSWLFs in approved States may be permitted 
to use an alternative liner design. The owner or operator must 
demonstrate (document) that the alternative liner design meets the 
performance standard in Sec. 258.40(a)(1). To date, this design option 
has been chosen by only a very few MSWLFs, EPA estimates that 5% of the 
200 new MSWLFs will undertake this one-time reporting requirement and 
EPA estimates the burden at 40 hours per facility. There is no 
recordkeeping requirement under the Part 258 rules for Sec. 258.40(c).
Alternative Point of Compliance
    This one-time reporting requirement is the responsibility of the 
Director of an approved State. There is no recordkeeping or reporting 
requirement for the owner or operator. The Director of an approved 
State may voluntarily choose to use an alternative point of compliance. 
The Director of an approved State must consider the factors at 
Sec. 258.40(d)(1)-(8) in demonstrating (documenting) that the 
alternative point of compliance meets the performance standard. EPA 
assumes that all States that are considering this approach will have 
made the appropriate demonstration prior to January 1998 and there will 
be no burden from this requirement.

Ground-Water Monitoring and Corrective Action

``No Migration Petitions''
    Owners and operators of MSWLFs may demonstrate (document) that 
there is no potential for migration of hazardous constituents from the 
facility. The demonstration is to be based on site-specific data and 
fate and transport modeling. EPA estimates no more than 5 owners or 
operators will attempt this demonstration per year. EPA assumes that 
the required documentation would result in a one-time reporting 
requirement of 100 hours per facility. Section 258.50(a) does not 
contain recordkeeping requirements, however, the one-time recordkeeping 
requirements of 2 hours per facility that are contained in Sec. 258.29 
have been included here for simplicity.
Establish GWM Systems
    EPA reviewed State permit programs and found that 80% of the States 
had requirements to set up groundwater monitoring systems prior to the 
promulgation of Part 258; therefore, the Agency assumed the one-time 
reporting requirement of 20 hours per facility would result for 20% of 
the 200 (40) new facilities. There are one-time recordkeeping 
requirements at Secs. 258.51(d)(1)(ii), 258.53(a) and 258.53(g). Each 
of the three sections has a 2 hours per facility recordkeeping 
requirement for a total of 6 hours per facility.

Detection Monitoring Program

    Of the 3500 operating facilities, 800 are qualifying ``small'' 
MSWLFs that will be exempted from Subpart E. EPA estimates that the 
total annual reporting burden for detection monitoring to be 32 hours 
per year. As discussed above, EPA estimates that 80% of the States 
required ground-water monitoring prior to the promulgation of Part 258, 
however, Part 258 contains monitoring parameters not usually found in 
State rules. For the purposes of this analysis, EPA assumed that 
current State regulations already captured 5 hours per year of the 
total annual reporting burden for detection monitoring; therefore, this 
rule imposes an incremental burden of 27 hours per year for landfills 
in the States with monitoring requirements (i.e., 80% of the landfills 
or 2800 landfills). For the remaining 700 landfills in States without 
groundwater monitoring requirements and the 200 new MSWLF units per 
year, EPA assumed that all would incur the entire annual reporting 
burden of 32 hours per year. There is an annual recordkeeping 
requirement of 2 hours for each facility.
Assessment Monitoring Program
    EPA assumes that the only facilities that will need to establish an 
assessment monitoring program are existing MSWLF units. None of the new 
MSWLF units are expected to require assessment monitoring prior to 
January 2000.
    For assessment monitoring, EPA estimated that this rule would 
impose a reporting burden of 32 hours per occurrence per year. The 
Agency's Regulatory Impact Analysis assumes that approximately one 
third of the facilities will contaminate ground water such that 
assessment monitoring and corrective action are required. The number 
impacted would not include the 800 ``qualifying'' small MSWLFs because 
they will be exempted, therefore, about 900 facilities [\1/3\ (3500 - 
800)] are included in the recordkeeping estimate. This estimate 
includes the facilities that voluntarily choose to make the ``false 
positives'' demonstration at Sec. 258.55(g)(2). There is an annual 
recordkeeping requirement of 2 hours for each facility.
``False Positives''
    See the discussion for Sec. 258.55--Assessment Monitoring Program.
Selection of Remedy
    For corrective action, EPA estimated an annual burden of 200 hours 
per year to document progress in clean up activities. Approximately 
one-half of the States have corrective action rules; therefore, the 
Agency assumes that 450 facilities (approximately \1/2\ of 900 
facilities) would have increased reporting burdens.
    The estimated reporting burden includes consideration of 
Sec. 258.57(d), the requirement to establish a schedule for 
implementing and completing

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remedial measures. The estimated burden also includes consideration of 
Sec. 258.57(e), the conditions that would allow no ground-water clean 
up.
    There are annual recordkeeping burdens at Secs. 258.57(b), 
258.58(d), and 258.58(e). Each of these annual recordkeeping burdens 
requires 2 hours per facility per year for a total of 6 hours.
Implementation of the Corrective Action Program
    EPA assumes that no owner or operator will have completed 
Corrective Action and, therefore, be required to comply with 
Sec. 258.58(f) prior to January 2000. Section 258.58(f) is the only 
recordkeeping or reporting burden in Sec. 258.58 that is not included 
in the recordkeeping and reporting estimates for Sec. 258.57 of the 
rule, therefore, this section contains no additional reporting or 
recordkeeping requirements.

Closure and Post-Closure Care

Closure Criteria
    EPA estimates that a one-time burden of 16 hours per facility is 
required to document the closure plan. A review of the State rules 
indicated that 80% of the current State requirements contain a similar 
provision that would require the owner or operator to submit the same 
type of information that EPA would require in a closure plan. 
Therefore, 40 facilities (20% of the estimated 200 new facilities) 
would have increased reporting burdens. EPA assumes that all existing 
and lateral expansions will have developed the closure plan prior to 
January 1998. There is a one-time recordkeeping burden of 2 hours per 
facility.
Post-Closure Care Requirements
    EPA estimates the annual reporting burden for the post-closure care 
plan to be 16 hours per facility. The review of State rules found that 
60% of the current State rules contained similar requirements that 
would require the owner or operator to submit the same type of 
information that EPA would require in the post-closure care plans. 
Therefore, 1400 facilities (40% of 3500) would have reporting and 
recordkeeping burdens. There is an annual recordkeeping burden of 2 
hours per facility.

Financial Assurance Criteria

Financial Assurance for Closure
    The estimated annual reporting burden for the financial assurance 
requirements is 4 hours per year per facility for all financial 
assurance requirements. This includes annually adjusting cost estimates 
for inflation for closure, post-closure care (Sec. 258.72), and known 
corrective actions (Sec. 258.73). A review of State rules indicated 
that 40% of the States had requirements for financial assurance, 
therefore, 2100 facilities (60% of 3500) are included in the estimate. 
There is an annual recordkeeping burden of 2 hours per facility.
Estimating Respondent Costs
    For estimated costs to respondents, see Exhibits 1 through 4 of the 
supporting document.
    For the purpose of preparing the cost and burden estimates for this 
ICR, EPA examined ICRs for similar programs that have already been 
approved by OMB. These ICRs were for the UST program (Subtitle I) and 
the Subtitle C program. Additionally EPA reviewed the previous ICR 
submitted under the RCRA Subtitle D program.
    For the purpose of preparing the cost and burden estimates for this 
ICR, EPA examined ICRs for similar programs that have already been 
approved by OMB. These ICRs were for the UST program (Subtitle I) and 
the Subtitle C program. Additionally EPA reviewed the previous ICR 
submitted under the RCRA Subtitle D program.
Estimating State and Agency Burden and Cost
    All information is submitted to the States; therefore, Agency 
burden and cost is negligible. The State burden for recordkeeping will 
be to process the notifications of the State Directors sent by the 
owners and/or operators of the MSWLFs, review of MSWLFs demonstrations, 
and certification of requirements. States will be notified, as 
specified previously under 3(I).
    The recordkeeping burden to process these notifications is 
estimated to be 0.5 hours per notification.
    The reporting burden to review demonstrations from owners and/or 
operators is estimated to be 1 hour per demonstration. The 
recordkeeping burden to process these demonstrations from owners and/or 
operators is estimated to be 1 hour per demonstration. The reporting 
burden to certify demonstrations is estimated to be 1 hour per 
certification and a recordkeeping burden of 1 hour per certification.

II. Request for Comments

    The Agency will begin an effort to examine the Solid Waste Disposal 
Facility Criteria (RCRA PART 258) forms and consider options for 
reducing their burden and increasing the usefulness of the information 
collected by these forms. The Agency would appreciate any information 
on the users of this information, how they use this information, how 
the information could be improved, and how the burden for these forms 
can be reduced. In addition, the Agency is also soliciting comments 
that:
    (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.

III. Public Docket

    A record has been established for this action under docket number 
F-96-FCIP-FFFFF. A public version of this record, including printed, 
paper versions of electronic comments, which does not include any 
information claimed as CBI, is available for inspection from 8 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays. The public 
record is located in the RCRA Information Center (RIC), located at 
Crystal Gateway I, First Floor, 1235 Jefferson Davis Highway, 
Arlington, VA.
    No person is required to respond to a collection of information 
unless it displays a currently valid OMB control number. The OMB 
control numbers for EPA's regulations are displayed in 40 CFR Part 9.

    Dated: July 18, 1996.
James R. Berlow,
Acting Director, Office of Solid Waste.
[FR Doc. 96-19326 Filed 7-29-96; 8:45 am]
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