View Rule

Printer-Friendly Version Download RIN Data in XML

EPA/OLEM

RIN: 2050-AH11

Publication ID: Fall 2020

Title: Hazardous and Solid Waste Management System: Disposal of CCR; A Holistic Approach to Closure Part B: Alternate Demonstration for Unlined Surface Impoundments; Implementation of Closure
Abstract: On April 17, 2015, the Environmental Protection Agency (EPA) 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. On October 15, 2018, the court issued its mandate, vacating certain provisions of the 2015 final rule and mandating the EPA include "legacy" units in its regulations. This final rule would provide a mechanism where unlined surface impoundments meeting strict criteria would be allowed to continue to operate.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
EO 13771 Designation: Deregulatory
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:

Action	Source	Description	Date
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). In response to the Utility Solid Waste Activities Group v. EPA decision, this rule finalizes regulations to allow facilities to request approval to operate with an alternate liner for existing CCR surface impoundments.

Summary of the Legal Basis: EPA is taking this action in response to the Utility Solid Waste Activities Group v. EPA decision (901 F.3d 414).

Alternatives: The Agency has provided public notice and opportunity for comment on this effort. We have not identified any significant alternatives for analysis.

Anticipated Costs and Benefits: The proposed rule anticipated an annualized cost savings of roughly $4 to $8 million per year when discounting at 7%. The rule is not anticipated to have impacts to benefits.

Risks: As compared with the risks to human health and the environment that were presented in the 2015 CCR final rule, the amendments as proposed, if finalized, are not expected to impact the overall conclusions in the 2015 CCR final rule. As a result, the Agency believes these amendments, if finalized as proposed, would be protective of human health and the environment.

Timetable:

Action	Date	FR Cite
NPRM	03/03/2020	85 FR 12456
Final Rule	11/12/2020	85 FR 72506
Final Rule Effective	12/14/2020

Additional Information: Docket #:EPA-HQ-OLEM-2019-0173
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, Local, State, Tribal
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: Yes
RIN Information URL: https://www.epa.gov/coalash	Public Comment URL: https://www.regulatons.gov/docket?D=EPA-HQ-OLEM-2019-0173
Sectors Affected: 221112 Fossil Fuel Electric Power Generation
RIN Data Printed in the FR: No
Agency Contact: Jesse Miller Environmental Protection Agency Office of Land and Emergency Management 1200 Pennsylvania Avenue NW, Mail Code 5304T, Washington, DC 20460 Phone:202 566-0562 Email: miller.jesse@epa.gov Frank Behan Environmental Protection Agency Office of Land and Emergency Management Mail Code 5304T, 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone:202 566-1730 Email: behan.frank@epa.gov