View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

EPA/SWER RIN: 2050-AE81 Publication ID: Fall 2003 
Title: Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric Power Producers 
Abstract: This action is for the development of nonhazardous waste regulations under subtitle D of the RCRA statute. The regulations will apply to landfill and surface impoundment facilities that manage coal combustion wastes generated by steam electric power generators, i.e., electric utilities and independent power producers. This action results from EPA's regulatory determination for fossil fuel combustion wastes (see 65 FR 32214, May 22, 2000), which concluded that waste management regulations under RCRA are appropriate for certain coal combustion wastes. The utility industry has made significant improvement in its waste management practices over recent years, and most state regulatory programs are similarly improving. However, public comment and other analyses have convinced the Agency that coal combustion wastes could pose significant 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, 62 percent of existing utility impoundments do not have groundwater monitoring; thus, their impact on ground and surface waters cannot be evaluated in light of numerous damage cases identified by the Agency that involve management of these wastes. The intended benefits of this action will be to prevent contamination or damage to ground waters and surface waters, thereby avoiding risk to human health and the environment, including ecological risks. The Agency is currently analyzing the human health and ecological risks, costs, and economic impact of this action as it develops the proposed regulation. The Agency has considered alternatives to this action, including regulating these wastes as hazardous wastes under subtitle C of RCRA, but has rejected this approach as discussed in the regulatory determination (see 65 FR 32214, May 22, 2000). EPA has also considered issuing guidance instead of regulations to industry and state and local governments to focus on these remaining waste management issues but concluded that there will probably continue to be some gaps in practices and controls and is concerned at the possibility that these will go undressed. The Agency also believes the timeframe for improvement of current practices is likely to be longer in the absence of federal regulation. 
Agency: Environmental Protection Agency(EPA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: State, local, or tribal governments; Private Sector 
CFR Citation: 40 CFR 257   
Legal Authority: 42 USC 6907(a)(3)    42 USC 6944(a)   
Legal Deadline:  None

Statement of Need: Public comment and other analyses have convinced the Agency that coal combustion wastes could pose significant 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, including for ground water monitoring, lining of waste management units, and mismanagement of the wastes in sand and gravel pits and similar geologies. A significant number of environmental damage cases indicate that past management practices were insufficient. The intended benefits of this regulatory action will be to prevent contamination or damage to ground waters and surface waters, and to prevent ecological risks.

Summary of the Legal Basis: The rules that are being developed pursuant to RCRA subtitle D are not mandated by statute or court order. Rather, the Agency concluded from its finding in the required RCRA section 3001 (b) determination that, while RCRA subtitle C regulations for hazardous wastes are not warranted, RCRA nonhazardous waste regulations are necessary. The nonhazardous waste regulations will address gaps in existing Federal and State requirements for the management of these wastes in order to protect human health and the environment.

Alternatives: The Agency has considered regulating these wastes as hazardous wastes under subtitle C of RCRA or a nonhazardous wastes under subtitle D of RCRA. The Agency also has considered issuing guidance instead of regulations to industry and state and local government to focus on the key waste management issues. However, the Agency concluded that some gaps in waste management practices would likely continue and is concerned that these gaps would continue to go unaddressed. The Agency concluded that non-hazardous waste regulations under subtitle D of RCRA are most appropriate.

Anticipated Costs and Benefits: The costing, economics, and benefits analyses are under study pending results of the risk assessment. Costs will include direct costs to the generators of coal combustion wastes for management according to the regulation. Benefits will include damage avoidance to ground water and surface water resources, including sources of drinking water that could affect human health. No additional information is available at this time.

Risks: The Agency has a comprehensive risk analysis underway to determine the cross-media impacts of managing these wastes, with a focus on impacts to ground waters and surface waters and their human health implications. The risk analysis will also identify ecological impacts of waste management. While the risk analysis is nearing completion, no quantitative measures of risk are available yet, and, thus, no information of risk magnitude or risk reduction efforts is available at this time.

Timetable:
Action Date FR Cite
NPRM  08/00/2004    
Additional Information: SAN 4470. This rule may also impact Federal, State, local or tribal governments that own coal-burning commercial electric power generating facilities.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: No  Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
Sectors Affected: 221112 Fossil Fuel Electric Power Generation 
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