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| EPA/SWER | RIN: 2050-AG45 | Publication ID: Fall 2008 |
| Title: ●Standards for the Safe and Environmentally Protective Placement of Coal Combustion Products as Minefill in Coal Mines Not Regulated Under the Surface Mining Control and Reclamation Act | |
| Abstract: This action is part of a joint rulemaking effort with the Office of Surface Mining (OSM) of the Department of Interior (DOI) using a combination of regulatory authorities available under the Surface Mining Control and Reclamation Act (SMCRA) and the Resource Conservation and Recovery Act (Subtitle D). Specifically, EPA is considering performance standards for the environmentally protective placement of coal combustion byproducts (CCBs) for filling surface or underground coal mines, referred to as minefilling, not regulated under SMCRA. CCBs are products of the combustion of coal at electric utility and independent power producing facilities. This action results from EPA's Regulatory Determination for fossil fuel combustion wastes (65 FR 32214 May 22, 2000), in which the Agency concluded that national regulations under Subtitle D of RCRA (and/or modifications to the existing regulations established under SMCRA) are warranted when these wastes are used to fill surface and underground mines. As described in the Regulatory Determination, there is sufficient evidence that adequate controls may not be in place, and that regulations are warranted. This action is also a result of a recommendation by the National Research Council (NRC, Managing Coal Combustion Residues in Coal Mines, 2006) regarding the management of CCBs in coal mines. NRC recommended that OSM and/or EPA promulgate enforceable federal regulations governing the minefilling of CCBs. In response to the NRC study, OSM published on Advanced Notice of Proposed Rulemaking on Placement of CCBs in Active and Abandoned Coal Mines (72 FR 12026, March 14, 2007), which took comment on the appropriateness of modifying SMCRA regulations to address minefilling at mines with SMCRA permits. EPA proposed performance standards would apply to all minefilling operations using CCBs at coal mines that are not subject to the requirements under SMCRA, including regulations proposed by OSM. This action will be coordinated with the OSM proposed rule. 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. | |
| Agency: Environmental Protection Agency(EPA) | Priority: Other Significant |
| RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
| Major: No | Unfunded Mandates: Undetermined |
| CFR Citation: 40 CFR 259 | |
| Legal Authority: 42 USC 6907(a)(3) 42 USC 6912(a)(1) 42 USC 6944(a) | |
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Legal Deadline:
None |
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Timetable:
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| Additional Information: SAN No. 5274 | |
| Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: State |
| Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations | Federalism: No |
| Included in the Regulatory Plan: No | |
| RIN Information URL: http://www.epa.gov/epaoswer/other/fossil/index.htm | |
| RIN Data Printed in the FR: No | |
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Agency Contact: Bonnie Robinson Environmental Protection Agency Solid Waste and Emergency Response 1200 Pennsylvania Avenue NW, Mail Code, Washington, DC 20460 Phone:703 308-8429 Fax:703 308-8686 Email: robinson.bonnie@epamail.epa.gov Truett Degeare Environmental Protection Agency Solid Waste and Emergency Response 5306P, Washington, DC 20460 Phone:703 308-8292 Fax:703 308-8686 Email: Degeare.Truett@epamail.epa.gov |
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