2050-AH14 202110 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 2050 Office of Land and Emergency Management OLEM 2000 Environmental Protection Agency EPA Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Legacy Surface Impoundments

On April 17, 2015, the Environmental Protection Agency (EPA or the Agency) promulgated national minimum criteria for existing and new coal combustion residuals (CCR) landfills and existing and new CCR surface impoundments. On August 21, 2018 the D.C. Circuit Court of Appeals issued its opinion in the case of Utility Solid Waste Activities Group, et al v. EPA, which vacated and remanded the provision that exempted inactive impoundments at inactive facilities from the CCR rule. The EPA is developing regulations to implement this part of the court decision for inactive CCR surface impoundments at inactive utilities, or “legacy units”. This proposal may include adding a new definition for legacy CCR surface impoundments. The EPA may also propose to require such legacy CCR surface impoundments to follow existing regulatory requirements for fugitive dust, groundwater monitoring, and closure, or other technical requirements.

]]> Other Significant Previously Published in The Unified Agenda Proposed Rule Stage No No 40 CFR 257 42 U.S.C. 6906 42 U.S.C. 6907 42 U.S.C. 6912(a) 42 U.S.C. 6944 42 U.S.C. 6945(c) Yes

On April 17, 2015, the EPA finalized national regulations to regulate the disposal of Coal Combustion Residuals (CCR) as solid waste under subtitle D of the Resource Conservation and Recovery Act (RCRA) (2015 CCR final rule). In response to the Utility Solid Waste Activities Group v. EPA decision, this proposed rulemaking, if finalized, would bring inactive surface impoundments at inactive facilities (legacy surface impoundments) into the regulated universe.

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No statutory or judicial deadlines apply to this rule. The EPA is taking this action in response to an August 21, 2018 court decision that vacated and remanded the provision that exempted inactive impoundments at inactive electric utilities from the 2015 CCR final rule. The proposed rule would be established under the authority of the Solid Waste Disposal Act of 1970, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA), as amended by the Hazardous and Solid Waste Amendments of 1984 (HWSA) and the Water Infrastructure Improvements for the Nation Act of 2016.

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The Agency issued an advance notice of proposed rulemaking (ANPRM) on October 14, 2020 (85 FR 65015), which included public notice and opportunity for comment on this effort. We have not identified at this time any significant alternatives for analysis.

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The Agency will determine anticipated costs and benefits later as it is currently too early in the process.

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The Agency will estimate the risk reductions and impacts later as it is currently too early in the process.

]]> ANPRM 10/14/2020 85 FR 65015 NPRM 09/00/2022 Final Rule 09/00/2023 Docket #: EPA-HQ-OLEM-2020-0107. Undetermined Federal State No No https://www.epa.gov/coalash https://www.regulations.gov/docket/EPA-HQ-OLEM-2020-0107 221112 Fossil Fuel Electric Power Generation No No Frank Behan 2050 Office of Land and Emergency Management OLEM 202 566-1730 behan.frank@epa.gov Mail Code 5304T, 1200 Pennsylvania Avenue NW, Washington DC 20460 Michelle Lloyd 2050 Office of Land and Emergency Management OLEM 202 566-0560 lloyd.michelle@epa.gov Mail Code 5304T, 1200 Pennsylvania Avenue NW, Washington DC 20460