Proposed Rule2025-13697
Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; CCR Management Unit Deadline Extension Rule
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
July 22, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or the Agency) is proposing to modify compliance deadlines for select 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 (CCRMU) under the Resource Conservation and Recovery Act (RCRA). This proposal seeks comment on issues discussed in the direct final rule published in this Federal Register to establish an additional option for owners or operators of active CCR facilities or inactive CCR facilities with a legacy CCR surface impoundment to comply with the Facility Evaluation Report (FER) Part 1 and to extend compliance deadlines for the remaining CCRMU provisions published in the Legacy Final Rule. EPA is also soliciting comment on extending the deadline to prepare both FER Part 1 and Part 2 by 12 months.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 138 (Tuesday, July 22, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 138 (Tuesday, July 22, 2025)]
[Proposed Rules]
[Pages 34409-34411]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13697]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 257
[EPA-HQ-OLEM-2020-0107; FRL-7814.2-01-OLEM]
RIN 2050-AH36
Hazardous and Solid Waste Management System: Disposal of Coal
Combustion Residuals From Electric Utilities; CCR Management Unit
Deadline Extension Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
proposing to modify compliance deadlines for select 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 (CCRMU) under the Resource Conservation and Recovery Act (RCRA).
This proposal seeks comment on issues discussed in the direct final
rule published in this Federal Register to establish an additional
option for owners or operators of active CCR facilities or inactive CCR
facilities with a legacy CCR surface impoundment to comply with the
Facility Evaluation Report (FER) Part 1 and to extend compliance
deadlines for the remaining CCRMU provisions published in the Legacy
Final Rule. EPA is also soliciting comment on extending the deadline to
prepare both FER Part 1 and Part 2 by 12 months.
DATES: Comments must be received on or before August 21, 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 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#f49c9b9880da80958d989b86b4918495da939b82"><span class="__cf_email__" data-cfemail="086067647c267c697164677a486d7869266f677e">[email protected]</span></a>, or 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#6d0f08050c03430b1f0c03062d081d0c430a021b"><span class="__cf_email__" data-cfemail="0466616c656a2a6276656a6f446174652a636b72">[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 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), Proprietary Business
Information (PBI), 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). Please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a> for additional submission methods; the full EPA
public comment policy; information about CBI, PBI, or multimedia
submissions; and general guidance on making effective comments.
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 Sec. 257.50 of title 40 of the Code of
Federal Regulations (CFR). If you have questions regarding the
applicability of this action to a particular entity, consult the person
[[Page 34410]]
listed in the FOR FURTHER INFORMATION CONTACT section.
B. What action is the agency taking?
EPA is proposing to amend the regulations governing the disposal of
CCR in landfills, surface impoundments and land where noncontainerized
accumulations of CCR are received, placed, or otherwise managed
(CCRMU), which are codified in subpart D of part 257 of title 40 of the
CFR (CCR regulations). Specifically, EPA is proposing (1) to establish
an additional option for owners or operators of active CCR facilities
or inactive CCR facilities with a legacy CCR surface impoundment to
comply with the FER Part 1 requirements and (2) to extend the deadline
for the remaining CCRMU requirements. Lastly, EPA is soliciting comment
on extending the deadlines to prepare each FER by 12 months with the
same option as discussed in the direct final rule, where owners and
operators would be allowed to complete FER Parts 1 and 2 concurrently.
Further details are discussed in the preamble of the direct final rule
published in the ``Rules and Regulations'' section of this Federal
Register.
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 as well as the comment solicitation discussed in
Unit III. of this preamble.
In this proposal, EPA is not reconsidering, proposing to reopen, or
otherwise soliciting comment on any other provisions of the existing
CCR regulations beyond those specifically identified in this proposal.
For the reader's convenience, EPA has provided a background description
of existing requirements in several places throughout this preamble. In
the absence of a specific request for comment and proposed change to
the identified provisions, these descriptions do not reopen any of the
described provisions. EPA will not respond to comments submitted on any
issues other than those specifically identified in this proposal, and
such comments will not be considered part of the rulemaking record.
If EPA receives no adverse comment on the regulatory revisions 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 revisions in the
direct final rule that are not withdrawn will become effective on the
date set out in the Dates section of the direct final rule. 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 1965, 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. What are the incremental costs and benefits of this action?
EPA establishes the requirements under RCRA sections 1008(a)(3) and
4004(a) without taking cost into account. See, Utility Solid Waste
Activities Group, et al. v. EPA (USWAG) 901 F.3d 414, 448-49 (D.C. Cir.
2018). The following cost estimates are presented in the Regulatory
Economic Assessment (REA) and summarized in this preamble for
compliance with OMB Circular A-4 and E.O. 12866. The requirements in
this rule do not rely on these cost estimates.
The REA estimates that the annualized cost savings of this action
will be approximately $2.97-$3.48 million per year when discounting at
3%. The REA estimates that the annualized cost savings of this action
will be approximately $9.43-$11.3 million per year when discounting at
7%. The REA estimates that the annualized reduction in benefits of this
action will be approximately $0.18-$0.62 million per year when
discounting at 3%. The REA estimates that the annualized reduction in
benefits of this action will be approximately $0.38-$1.20 million per
year when discounting at 7%. Overall, the REA estimates that the net
annualized cost savings of this action will be $2.84-$3.63 million per
year when discounting at 3%, and $9.05-$10.1 million when discounting
at 7%.
Further information on the economic effects of this action can be
found in the preamble of the direct final rule published in the ``Rules
and Regulations'' section of this Federal Register.
E. 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. Comment Solicitation on Extending the Facility Evaluation Report
Parts 1 and 2 Compliance Deadlines
In this proposed rule EPA is additionally soliciting comment on
whether to extend the deadlines to prepare each of the FERs by 12
months. This deadline extension would be in addition to the alternative
option to complete the FER Parts 1 and 2 by a single deadline described
in the direct final rule. Taken together, the effect of the extension
and the direct final rule would be to allow a facility to either (1)
complete FER Part 1 by February 8, 2027, and the FER Part 2 by February
8, 2028, or (2) complete FER Parts 1 and 2 by February 8, 2028. If EPA
extends the FER deadlines, all other CCRMU requirements would also be
extended by 12 months.
1. Revisions to the Facility Evaluation Report Part 1 and Part 2
Compliance Deadlines
As mentioned in Unit IV.A.3. of the direct final rule, EPA received
feedback that some owners or operators of active facilities or
facilities with a legacy CCR surface impoundment found the FER Part 1
and 2 compliance deadlines infeasible. While some members of the
regulated community only requested the consolidation of the FER
deadlines, others requested EPA to extend the FER compliance deadlines
by no less than 12 months. These companies cited the same challenges
with the existing compliance deadlines discussed in Unit IV.A.3. of the
direct final rule, namely the difficulty of accessing and reviewing
historical documentation, contractor shortages and backlogs, large
volumes of
[[Page 34411]]
data, and the need to coordinate across affiliate companies or with
local, state, and federal regulatory authorities. However, these
entities stated that an extension of 12 months for both FER Part 1 and
Part 2 was necessary to provide sufficient time for data and
information collection, review, field work, and completion of the
reports given the challenges mentioned above.
Commenters did not provide sufficient support for a proposal to
extend the FER 2 compliance deadlines by 12 months. However, as stated
in both the Legacy Final Rule and Unit IV.A.2. of the direct final
rule, EPA recognizes the need to provide sufficient time for the
completion of a robust FER. This is because the FER serves as the
prerequisite for all other CCRMU requirements. Therefore, in response
to these comments, EPA is soliciting comment on whether to extend each
of the FER compliance deadlines by 12 months. As the rule is modified
by the direct final rule and after the proposed extension, a facility
could either (1) complete FER Part 1 by February 8, 2027, and the FER
Part 2 by February 8, 2028, or (2) complete FER Parts 1 and 2 by
February 8, 2028. Note that the proposed extension does not eliminate
the requirement to prepare the report documenting compliance with part
1 of the facility evaluation (i.e., FER Part 1). The changes would
merely require the FER Part 1 to be complete no later than the revised
deadline for completing FER Part 2.
2. Conforming Revisions to Other CCRMU Compliance Deadlines
As explained in the Legacy Final Rule, the FER serves as the
prerequisite for all other CCRMU requirements. See 89 FR 39060.
Therefore, for the same reasons as laid out in Unit IV.C. of the direct
final rule, if EPA extends the FER Parts 1 and 2 deadlines, EPA will
make conforming changes to the remaining CCRMU compliance deadlines.
Specifically, EPA would extend the deadlines to comply with the
groundwater monitoring, closure, and post-closure care requirements by
12 months. Additionally, because the deadline to establish a public CCR
website is tied to the first reporting requirement, which would be the
FER Part 1, EPA would provide facilities with the option to establish
the public CCR website specified in Sec. 257.107 by no later than
either February 9, 2027 or February 8, 2028 to correspond to when the
owner or operator completes FER Part 1. These conforming changes, along
with those included in the direct final rule, are shown below in table
1.
Table 1--Comparison of Compliance Deadlines for CCRMU Under the Legacy Final Rule, the Direct Final Rule, and
the Alternative EPA Is Soliciting Comment On
----------------------------------------------------------------------------------------------------------------
Description of Alternative with
40 CFR part 257, subpart D requirement to be Legacy final rule Direct final rule FER part 2
requirement completed deadlines deadlines extension
----------------------------------------------------------------------------------------------------------------
Internet Posting (Sec. Establish CCR February 9, 2026.. February 9, 2026 February 8, 2027
257.107). website. or February 8, or February 8,
2027. 2028.
Facility Evaluation (Sec. Complete the February 9, 2026.. February 9, 2026 February 8, 2027
257.75). Facility or February 8, or February 8,
Evaluation Report 2027. 2028.
Part 1.
Facility Evaluation (Sec. Complete the February 8, 2027.. February 8, 2027.. February 8, 2028.
257.75). Facility
Evaluation Report
Part 2.
GWMCA (Sec. 257.91)........... Install the May 8, 2028....... August 8, 2029.... May 8, 2029.
groundwater
monitoring system.
GWMCA (Sec. 257.93)........... Develop the May 8, 2028....... August 8, 2029.... May 8, 2029.
groundwater
sampling and
analysis program.
GWMCA (Sec. Sec. 257.90- Initiate detection May 8, 2028....... August 8, 2029.... May 8, 2029.
257.95). monitoring and
assessment
monitoring. Begin
evaluating
groundwater
monitoring data
for SSIs over
background levels
and SSLs over
groundwater
protection
standards.
GWMCA (Sec. 257.90(e))........ Complete the January 31, 2029.. January 31, 2030.. January 31, 2030.
initial annual
GWMCA report.
Closure (Sec. 257.102)........ Prepare written November 8, 2028.. February 8, 2030.. November 8, 2029.
closure plan.
Post-Closure Care (Sec. Prepare written November 8, 2028.. February 8, 2030.. November 8, 2029.
257.104). post-closure care
plan.
Closure and Post-Closure Care Initiate closure.. May 8, 2029....... August 8, 2030.... May 8, 2030.
(Sec. 257.101).
----------------------------------------------------------------------------------------------------------------
IV. 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 in 40 CFR Part 257
Environmental protection, Beneficial use, Coal combustion products,
Coal combustion residuals, Coal combustion waste, Disposal, Hazardous
waste, Landfill, Surface impoundment.
Lee Zeldin,
Administrator.
[FR Doc. 2025-13697 Filed 7-21-25; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 22, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.