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EPA/OLEM RIN: 2050-AG98 Publication ID: Spring 2022 
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 

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. The Agency published a Notice of Data Availability (NODA) on December 22, 2020 seeking additional information to inform the Agency's reconsideration of the beneficial use definition and requirements for managing piles of CCR. 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, 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.

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
Action Date FR Cite
NPRM  08/14/2019  84 FR 40353   
Notice  12/22/2020  85 FR 83478   
Final Rule  To Be Determined 
Additional Information: 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:   Public Comment URL:  
Sectors Affected: 221112 Fossil Fuel Electric Power Generation 
RIN Data Printed in the FR: No 
Agency Contact:
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

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