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EPA/SWER

RIN: 2050-AE81

Publication ID: Fall 2006

Title: Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric Power Producers
Abstract: This action is for the development of non-hazardous 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 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 eco 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, particularly since the industry has improved its waste management practices and most State regulatory programs are similarly improving. To this end, the Agency will be issuing a Notice of Data Availability (NODA) announcing the availability for public inspection and comment on new information and data on the management of coal combustion wastes that the Agency will consider in deciding next steps in this effort.
Agency: Environmental Protection Agency(EPA)	Priority: Economically Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Prerule Stage
Major: Undetermined	Unfunded Mandates: Undetermined
CFR Citation: 40 CFR 257
Legal Authority: 42 USC 6907(a)(3) 42 USC 6944(a)

Legal Deadline: None

Statement of Need: The Agency is in the process of developing non-hazardous waste regulations under RCRA Subtitle D for the management of coal combustion wastes in landfills and surface impoundments. The Agency found that in 1995, liners were installed in only 57% of landfills and 26% of surface impoundments. Additionally, while 85% of landfills practiced groundwater monitoring, only 38% of surface impoundments did so. EPA is concerned that the lack of liners and groundwater monitoring could pose risks to human health and the environment.

Summary of the Legal Basis: RCRA Section 8002

Alternatives: 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.

Anticipated Costs and Benefits: In the May 2000 regulatory determination the Agency stated that the decision to develop non-hazardous waste regulations for coal combustion wastes is a "significant regulatory action." The benefits of the action will be reduced risks to human health and the environment.

Risks: Risks posed by the mismanagement of coal combustion wastes include contamination of groundwater and surface water from metals, such as arsenic, boron, cadmium, and selenium.

Timetable:

Action	Date	FR Cite
NODA	12/00/2006

Additional Information: SAN No. 4470; This effort may also impact Federal, State, local or tribal governments that own coal-burning commercial electric power generating facilities.
Regulatory Flexibility Analysis Required: Undetermined	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: Alexander Livnat Environmental Protection Agency Solid Waste and Emergency Response 1200 Pennsylvania Avenue NW, Mail Code 5304P, Washington, DC 20460 Phone:703 308-7251 Fax:703 605-0595 Email: livnat.alexander@epa.gov Steve Souders Environmental Protection Agency Solid Waste and Emergency Response 5304P, Washington, DC 20460 Phone:703 308-8431 Fax:703 605-0595 Email: souders.steve@epa.gov