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On May 8, 2024, EPA published the Legacy CCR Surface Impoundments rule (Legacy Rule). The final rule went into effect November 8, 2024. The Legacy Rule established requirements for the safe disposal of CCR in a new type of regulated CCR unit - legacy surface impoundments (SIs). It also established requirements for CCR management units (CCRMU) to address the risks from previously unregulated solid waste management of CCR that involves the direct placement of CCR on the land at CCR facilities. This new rule will address needed corrections and consider additional methods of closure, alternative points of compliance, and other possible changes to the federal CCR rules. In addition, this action will address the definition of CCR beneficial use, taking into consideration public comments received on the 2019 CCR beneficial use proposal and the 2020 Notice of Data Availability on CCR beneficial use.

Statement of Need:

This proposed rule is needed to increase regulatory flexibility by proposing additional methods of closure, alternative groundwater monitoring compliance points, and other possible changes to the federal CCR rules. In addition, this action will address the definition of CCR beneficial use, taking into consideration public comments received on the 2019 CCR beneficial use proposal and the 2020 Notice of Data Availability on CCR beneficial use. These changes would address the administration’s priorities by streamlining implementation and reducing unnecessary burden while remaining protective of human health and the environment.

Summary of the Legal Basis:

The legal authority for this rulemaking can be found in 42 U.S.C. 6912(a), 42 U.S.C. 6907(a), 42 U.S.C. 6944, and 42 U.S.C. 6945(a)(d).

Alternatives:

The Agency must provide public notice and opportunity for comment on these issues and will solicit comment on regulatory alternatives.

Anticipated Costs and Benefits:

The RIA estimates that the annualized cost savings of this action will be approximately:

       $174-$194 million per year when discounting at 3%; and

       $232-$262 million per year when discounting at 7%.

The RIA estimates that the annualized change in benefits of this action will be approximately:

       A $5 million decrease per year when discounting at 3%; and

       A $4-$2 million decrease when discounting at 7%.

Overall, the RIA estimates that the net annualized cost savings and benefits, net of benefits, of this action will be $169-$189 million per year when discounting at 3% and $229-$260 million when discounting at 7%.

Risks:

This rule creates an alternate pathway to compliance that allows permit authorities the ability to approve technical standards for the owner or operator to comply with to attain the RCRA standard of no reasonable probability of adverse impacts.