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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.