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EPA/OLEM RIN: 2050-AH18 Publication ID: Spring 2021 
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. On March 3, 2020, EPA proposed a number of revisions and flexibilities to the CCR regulations. In particular, EPA proposed the following revisions: (1) Procedures to allow facilities to request approval to use an alternate liner for CCR surface impoundments; (2) Two co-proposed options to allow the use of CCR during unit closure; (3) An additional closure option for CCR units being closed by removal of CCR; and (4) Requirements for annual closure progress reports. EPA has since taken final action on one of the four proposed issues. Specifically, on November 12, 2020, EPA issued a final rule that would allow a limited number of facilities to demonstrate to EPA that based on groundwater data and the design of a particular surface impoundment, the unit has and will continue to have no probability of adverse effects on human health and the environment. (This final rule was covered under RIN 2050-AH11. See "Additional Information" section.) The present rulemaking would consider taking final action on the remaining proposed issues.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
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  03/03/2020  85 FR 12456   
Final Rule  07/00/2021 
Additional Information: Docket #:https://www.regulations.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) as two final rules would be developed based on the proposed rule. The November 12, 2020 final rule (85 FR 72506) mentioned in this abstract was covered under 2050-AH11.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
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-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