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EPA/OLEM RIN: 2050-AH18 Publication ID: Fall 2020 
Title: ●Hazardous and Solid Waste Management System: Disposal of CCR; A Holistic Approach to Closure Part B: 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 rule addresses a necessary modification to the timeline of closure by removal, the use of CCR in closure, and requirements for annual closure progress reports. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
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). Through implementation of this rule, EPA has become aware of possible issues with the closure of CCR surface impoundments. This rule specifically addresses the use of CCR in closure, an additional closure option for surface impoundments closing by removal, and requirements for annual closure progress reports.

Summary of the Legal Basis: These are discretionary actions that EPA is taking pursuant to 42 U.S.C. 6906, 42 U.S.C. 6907 42 U.S.C. 6912(a), 42 U.S.C. 6944, and 42 U.S.C. 6945(c).

Alternatives: The Agency provided public notice and opportunity for comment on these issues associated with the closure of CCR surface impoundments. Each of these issues is fairly narrow in scope and we have not identified any significant alternatives for analysis.

Anticipated Costs and Benefits: Regarding the closure of CCR surface impoundments, EPA anticipated, in the proposed rule, to have an annualized cost savings roughly between $30 million and $130 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 proposed and considered for final action 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  07/00/2021 
Additional Information: Docket #:https://www.regulatons.gov/docket?D=EPA-HQ-OLEM-2019-0173 . The action is split from 2050-AH11: 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. This action was split from 2050-AH11 after the March 3, 2020 NPRM (85 FR 12456).
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 5303P,
Washington, DC 20460
Phone:703 308-1180
Email: miller.jesse@epa.gov

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