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| EPA/SWER | RIN: 2050-AE81 | Publication ID: Fall 2002 |
| Title: Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric Power Producers | |
| Abstract: This action is for the development of proposed RCRA subtitle D regulations for the management of coal combustion wastes in landfills and surface impoundments that are generated by producers of electric power, including electric utilities and independent power producers. On April 25, 2000 EPA issued a regulatory determination for fossil fuel combustion wastes (65 FR 32214, May 22, 2000). The purpose of the determination was to decide whether certain wastes from the combustion of fossil fuels (including coal, oil and natural gas) should remain exempt from subtitle C (management as hazardous waste) of the Resource Conservation and Recovery Act (RCRA) for the coal, oil and natural gas combustion wastes that were addressed. The Agency's decision was to retain the exemption from hazardous waste management for all of the fossil fuel combustion wastes. However, the Agency also determined and announced that waste management regulations under RCRA subtitle D (management as non-hazardous wastes) are appropriate for certain coal combustion wastes that are disposed in landfills and surface impoundments. The utility industry has made significant improvements in its waste management practices over recent years, and most state regulatory programs are similarly improving. Nevertheless, public comments and other analyses have convinced the Agency that coal combustion wastes could pose risks to human health and the environment if they are not properly managed. There is sufficient evidence that adequate controls may not be in place. For example, while most states can now require newer waste management units to include liners and groundwater monitoring, 62 percent of existing utility surface impoundments do not have groundwater monitoring. In the Agency's view, this justifies the development of national regulations. We note, however, that some waste management units may not warrant liners and/or groundwater monitoring, depending on site-specific characteristics. The Agency is initiating this action to develop and issue appropriate waste management regulations under Subtitle D of RCRA. | |
| Agency: Environmental Protection Agency(EPA) | Priority: Economically Significant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Long-Term Actions |
| Major: No | Unfunded Mandates: Private Sector |
| CFR Citation: 40 CFR 257 | |
| Legal Authority: 42 USC 6907(a)(3) 42 USC 6944(a) | |
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Legal Deadline:
None |
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Timetable:
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| Additional Information: SAN No. 4470 | |
| Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal, Local, State, Tribal |
| Small Entities Affected: No | Federalism: Undetermined |
| Included in the Regulatory Plan: No | |
| Sectors Affected: 221112 Fossil Fuel Electric Power Generation | |
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Agency Contact: Dennis Ruddy Environmental Protection Agency Solid Waste and Emergency Response 5306W, Washington, DC 20460 Phone:703 308-8430 Fax:703 308-8686 Email: Ruddy.Dennis@epamail.epa.gov |
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