Proposed Rule2025-00847
Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Legacy CCR Surface Impoundments; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 16, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or the Agency) is proposing to correct errors and clarify several provisions published in the Federal Register on May 8, 2024. This May 8, 2024 rule (Legacy Final Rule) established regulatory requirements for legacy coal combustion residuals (CCR) surface impoundments and CCR management units, among other things, under the Resource Conservation and Recovery Act (RCRA). This proposal seeks comment on issues discussed in a direct final rule to correct errors and clarify in the Legacy Final Rule.
Full Text
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<title>Federal Register, Volume 90 Issue 10 (Thursday, January 16, 2025)</title>
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[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Proposed Rules]
[Pages 4707-4708]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00847]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9 and 257
[EPA-HQ-OLEM-2020-0107; FRL-7814.1-03-OLEM]
RIN 2050-AH34
Hazardous and Solid Waste Management System: Disposal of Coal
Combustion Residuals From Electric Utilities; Legacy CCR Surface
Impoundments; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
proposing to correct errors and clarify several provisions published in
the Federal Register on May 8, 2024. This May 8, 2024 rule (Legacy
Final Rule) established regulatory requirements for legacy coal
combustion residuals (CCR) surface impoundments and CCR management
units, among other things, under the Resource Conservation and Recovery
Act (RCRA). This proposal seeks comment on issues discussed in a direct
final rule to correct errors and clarify in the Legacy Final Rule.
DATES: Comments must be received on or before March 17, 2025.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OLEM-2020-0107, by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Office of Land and Emergency Management (OLEM) Docket, Mail
Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
<bullet> Hand Delivery or Courier (by scheduled appointment only):
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004. The Docket Center's hours of
operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal
Holidays).
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: For questions concerning this
proposal, contact Frank Behan, Office of Resource Conservation and
Recovery, Materials Recovery and Waste Management Division,
Environmental Protection Agency, 1200 Pennsylvania Avenue NW, MC:
5304T, Washington, DC 20460; telephone number: (202) 566-0531; email
address: <a href="/cdn-cgi/l/email-protection#9af8fff2fbf4b4fce8fbf4f1daffeafbb4fdf5ec"><span class="__cf_email__" data-cfemail="dfbdbab7beb1f1b9adbeb1b49fbaafbef1b8b0a9">[email protected]</span></a>, or Taylor Holt, Office of Resource
Conservation and Recovery, Materials Recovery and Waste Management
Division, Environmental Protection Agency, 1200 Pennsylvania Avenue NW,
MC: 5304T, Washington, DC 20460; telephone number: (202) 566-1439;
email address: <a href="/cdn-cgi/l/email-protection#145c7b78603a40756d787b66547164753a737b62"><span class="__cf_email__" data-cfemail="b7ffd8dbc399e3d6cedbd8c5f7d2c7d699d0d8c1">[email protected]</span></a>. For more information on this
rulemaking please visit <a href="https://www.epa.gov/coalash">https://www.epa.gov/coalash</a>.
SUPPLEMENTARY INFORMATION:
I. Public Participation--Written Comments
Submit your comments, identified by Docket ID No. EPA-HQ-OLEM-2020-
0107, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (our preferred method), or the
other methods identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the docket. EPA may publish
any comment received to its public docket. Do not
[[Page 4708]]
submit to EPA's docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> any information
you consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
II. General Information
A. Does this action apply to me?
This rule may be of interest to electric utilities and independent
power producers that fall within the North American Industry
Classification System (NAICS) code 221112. The reference to NAICS code
221112 is not intended to be exhaustive, but rather provides a guide
for readers regarding entities likely to be regulated by this action.
This discussion lists the types of entities that EPA is now aware could
potentially be regulated by this action. Other types of entities not
described here could also be regulated. To determine whether your
entity is regulated by this action, you should carefully examine the
applicability criteria found in 40 CFR 257.50 of title 40 of the Code
of Federal Regulations. If you have questions regarding the
applicability of this action to a particular entity, consult the person
listed in the FOR FURTHER INFORMATION CONTACT section.
B. What action is the Agency taking?
EPA is proposing to correct errors and conform the regulatory text
to the decisions articulated in the Legacy Final Rule published in the
Federal Register on May 8, 2024, which established regulatory
requirements for legacy CCR surface impoundments and CCR management
units (CCRMU). 89 FR 38950. In addition, EPA is proposing a number of
revisions to clarify the final requirements, such as consolidating the
compliance deadlines for CCRMU into a single section and providing a
deadline for the initial fugitive dust plan for CCRMU at facilities
without a regulated unit.
In the ``Rules and Regulations'' section of this Federal Register,
EPA has also published a direct final rule for this same action because
the Agency views this as a noncontroversial action and anticipates no
adverse comment. EPA has explained the reasons for this in the preamble
to the direct final rule. This proposed rule provides an opportunity
for the public to comment on the issues discussed in the preamble to
the direct final rule.
In light of the narrow purpose of this rule to conform the
regulatory text to the final actions described in the Legacy Final
Rule, EPA is only soliciting comment on whether the changes in the
direct final rule conform the text to EPA's stated intent in the Legacy
Final Rule preamble. EPA is not reconsidering, proposing to reopen, or
otherwise soliciting comment on any provisions of the Legacy Final Rule
itself. For the reader's convenience, EPA has provided a background
description of individual provisions in the Legacy Final Rule in
several places throughout the direct final rule preamble. These
descriptions do not reopen the underlying described provisions, but
merely explain the context to inform the public of the basis for this
action's technical corrections. EPA will not respond to comments
submitted on any issues other than those specifically identified in the
direct final rule, and such comments will not be considered part of the
rulemaking record.
If EPA receives no adverse comment on the corrections in the direct
final rule, the Agency will not take further action on this proposed
rule and the direct final rule will become effective as provided in
that action. If EPA does receive adverse comment, EPA will publish a
timely withdrawal in the Federal Register informing the public about
the specific regulatory paragraph(s) or amendment(s) in the direct
final rule that will not take effect. The corrections in the direct
final rule that are not withdrawn will become effective on the date set
out above. EPA will address all public comments in any subsequent final
rule based on this proposed rule.
EPA does not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information about commenting on this proposed rule see the
ADDRESSES section of this document.
C. What is the Agency's authority for taking this action?
EPA is publishing this rulemaking under the authority of sections
1008(a)(3), 2002(a), 4004, and 4005(a), (d) of the Solid Waste Disposal
Act of 1970, as amended by the Resource Conservation and Recovery Act
of 1976 (RCRA), as amended by the Hazardous and Solid Waste Amendments
of 1984 (HSWA) and the Water Infrastructure Improvements for the Nation
(WIIN) Act of 2016, 42 U.S.C. 6907(a), 6912(a), 6944, 6945(a) and (d).
D. Where is the location of regulatory text for this proposal?
The regulatory text for this proposal is identical to that for the
direct final rule published in the Rules and Regulations section of
this Federal Register. For further supplemental information, the
detailed rationale for the proposal, and the regulatory revisions, see
the information provided in the direct final rule published in the
Rules and Regulations section of this Federal Register.
III. Statutory and Executive Order (E.O.) Reviews
For a complete discussion of all of the administrative requirements
applicable to this action, see the direct final rule in the Rules and
Regulations section of this Federal Register.
List of Subjects
40 CFR Part 9
Environmental protection, Reporting and recordkeeping requirements.
40 CFR Part 257
Environmental protection, Beneficial use, Coal combustion products,
Coal combustion residuals, Coal combustion waste, Disposal, Hazardous
waste, Landfill, Surface impoundment.
Jane Nishida,
Acting Administrator.
[FR Doc. 2025-00847 Filed 1-15-25; 8:45 am]
BILLING CODE 6560-50-P
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