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EPA/OLEM | RIN: 2050-AG98 | Publication ID: Fall 2021 |
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 Environmental Protection Agency (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 published a Notice of Data Availability (NODA) on December 22, 2020 seeking additional information to inform the Agency’s reconsideration of these two issues. On February 15, 2021, Earthjustice formally requested an additional 60 days to review the documents in the NODA and to develop and submit comments. Following this request, the EPA reopened the comment period for 60 days, from March 12, 2021 to May 11, 2021. The Agency is now reviewing the public comments and analyzing any additional information to 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. On August 28, 2020, 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. |
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Agency: Environmental Protection Agency(EPA) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Long-Term Actions |
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 |
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Timetable:
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Additional Information: Docket # EPA-HQ-OLEM-2018-0524. | |
Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal, Local, State |
Small Entities Affected: Businesses | 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: Rita Chow Environmental Protection Agency Office of Land and Emergency Management 1200 Pennsylvania Avenue NW, Mail Code 5306T, Washington, DC 20460 Phone:202 566-0227 Email: chow.rita@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 |