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EPA/OLEM RIN: 2050-AG98 Publication ID: Fall 2018 
Title: Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residues From Electric Utilities: Amendments to the National Minimum Criteria (Phase 2) 
Abstract:

The EPA is publishing three rules (Phase One Rule Part One, Phase One Rule Part Two, and Phase Two Rule) to modify the final Coal Combustion Residuals (CCR) Disposal Rule, published April 17, 2015. The EPA proposed Phase One in March 2018. The Agency then finalized a small number of the provisions from the Phase One proposal in the final rule, Phase One Part One rule, in July 2018. This rule is the second set of potential revisions to EPA's 2015 CCR Disposal Rule. In this proposed rulemaking, EPA plans to complete its review of all of the remaining matters raised in litigation and the petitions for reconsideration that were not included in the Phase One proposed rules, propose any revisions to those provisions determined to be warranted, and propose regulations for a federal CCR permit program.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 40 CFR 257   
Legal Authority: 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)   
Legal Deadline:  None

Statement of Need:

On April 17, 2015, 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). The rule was challenged by several different parties, including a coalition of regulated entities and a coalition of public interest environmental organizations. Several of the claims, a subset of the provisions challenged by the industry and environmental petitioners, were settled on April 18, 2016. As part of that settlement, on April 18, 2016, EPA requested the court to remand these claims back to the Agency. On June 16, 2016, the United States Court of Appeals for the District of Columbia Circuit granted EPA's motion. One claim was the subject of a rulemaking completed on August 5, 2016 (81 FR 51802). This proposed rule addresses some of the claims that were remanded back to EPA.

In addition, in December 2016, the Water Infrastructure Improvements for the Nation (WIIN) Act established new statutory provisions applicable to CCR units, including authorizing States to implement the CCR rule through an EPA-approved permit program and authorizing EPA to enforce the rule. In light of the legislation, EPA is proposing amendments for certain performance standards to provide flexibility to the State programs, which would be consistent with the WIIN Act's standard for approval of State programs. Under the WIIN Act, State programs require each CCR unit located in the State to achieve compliance with either the federal CCR rule or State criteria that EPA determines to be as protective as the existing federal CCR requirements.

Summary of the Legal Basis:

As part of the settlement agreement discussed above, EPA committed to make best efforts to take final action on the remaining claims by December 2019.

Alternatives:

According to the terms of the settlement agreement discussed above, the Agency must provide public notice and opportunity for comment on these issues. Each of these settlement-related amendments is fairly narrow in scope and EPA has not identified any significant alternatives for analysis. Regarding the WIIN Act implementation amendments, one alternative would be not to include these additional issues in the CCR Remand proposal since they are not subject to a deadline.

Anticipated Costs and Benefits:

EPA will provide estimates of costs and benefits resulting from this proposed rule once they are fully developed and have received Agency clearance.

Risks:

As compared with the risks to human health and the environment that were presented in the 2015 CCR final rule, the proposed amendments discussed in this action are expected to produce human health and environmental benefits, which will likely be described qualitatively.

Timetable:
Action Date FR Cite
NPRM  12/00/2018 
Final Rule  12/00/2019 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal, Local, State 
Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
RIN Information URL: https://www.epa.gov/coalash  
Sectors Affected: 221112 Fossil Fuel Electric Power Generation 
RIN Data Printed in the FR: No 
Agency Contact:
Mary Jackson
Environmental Protection Agency
Office of Land and Emergency Management
1200 Pennsylvania Avenue NW, Mail Code 5304P,
Washington, DC 20460
Phone:703 308-8453
Email: jackson.mary@epa.gov

Kirsten Hillyer
Environmental Protection Agency
Office of Land and Emergency Management
Mail Code 5304P, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:703 347-0369
Email: hillyer.kirsten@epa.gov