View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

EPA/OLEM RIN: 2050-AG98 Publication ID: Fall 2020 
Title: Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Enhancing Public Access to Information; Reconsideration of Beneficial Use Criteria and Piles 
Abstract:

On April 17, 2015, the EPA promulgated national minimum criteria for existing and new coal combustion residuals (CCR) landfills and surface impoundments (2015 CCR rule). On August 14, 2019, the EPA proposed to revise two provisions of the 2015 CCR rule that were remanded back to the EPA in 2018 by the U.S. Court of Appeals for the District of Columbia Circuit. First, the EPA proposed to revise the CCR beneficial use definition by replacing the mass-based numerical threshold with specific location-based criteria as the trigger for conducting an environmental demonstration. Second, the EPA proposed to introduce a single approach to consistently address the potential environmental and human health issues associated with piles of CCR, regardless of the location of the pile and whether the CCR is destined for disposal or beneficial use. Based on the public comments received on the August 2019 proposal, the Agency does not intend to take final action at this time on the proposed revisions for the beneficial use definition and requirements for managing piles of CCR. The Agency continues to reconsider these issues and plans to seek additional information. Pending the review and analysis of any additional information found, the Agency will determine the appropriate next steps. While these two issues are under the Agency's reconsideration, the provisions promulgated in the 2015 CCR rule remain in place for the beneficial use definition and piles of CCR. Finally, the EPA also proposed several additional targeted changes to the existing CCR regulations, including revisions to the annual groundwater monitoring and corrective action report requirements, establishing an alternative risk-based groundwater protection standard for boron, and revisions to the publicly accessible CCR website requirements. The EPA finalized changes to the annual groundwater monitoring and corrective action report requirements and to the internet posting requirements in the final rule for Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals from Electric Utilities; A Holistic Approach to Closure part A: Deadline to Initiate Closure.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Regulatory 
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
Timetable:
Action Date FR Cite
NPRM  08/14/2019  84 FR 40353   
NODA  11/00/2020 
Final Rule  To Be Determined 
Additional Information: Docket #:EPA-HQ-OLEM-2018-0524
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: https://www.epa.gov/coalash   Public Comment URL: https://www.regulations.gov/docket?D=EPA-HQ-OLEM-2018-0524  
Sectors Affected: 221112 Fossil Fuel Electric Power Generation 
RIN Data Printed in the FR: No 
Agency Contact:
Frank Behan
Environmental Protection Agency
Office of Land and Emergency Management
5304P, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:703 308-8476
Email: behan.frank@epa.gov

Jesse Miller
Environmental Protection Agency
Office of Land and Emergency Management
1200 Pennsylvania Avenue NW, Mail Code 5303P,
Washington, DC 20460
Phone:703 308-1180
Email: miller.jesse@epa.gov