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EPA/SWER RIN: 2050-AE81 Publication ID: Spring 2007 
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 (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 (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 of 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
Timetable:
Action Date FR Cite
NODA  05/00/2007    
NPRM  To Be Determined    
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