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Regulatory Development and Retrospective Review Tracker

Standards for the Management of Coal Combustion Residuals Generated by Commercial Electric Power Producers

a.k.a. Coal Combustion Residuals Generated by Electric Utilities


RIN: 2050-AE81 (What's this?)

Docket No.: EPA-HQ-RCRA-2009-0640, EPA-HQ-RCRA-2011-0392 (What's this?)

Current Phase: Proposal (What's this?)

Abstract:
On June 21, 2010, EPA proposed to regulate coal combustion residuals generated from the combustion of coal at electric utilities and independent power producers to address risks from the disposal of coal combustion residuals in surface impoundments and landfills. EPA sought public comments on two approaches available under the Resource Conservation and Recovery Act (RCRA).

One proposed option would be to list these residuals as "special wastes," and draws from remedies available under Subtitle C of RCRA, which creates a comprehensive program of federally enforceable requirements for waste management and disposal. The other proposed option included remedies under Subtitle D of RCRA, which gives EPA authority to set disposal standards for waste management facilities. Under both options, EPA proposed not to regulate the beneficial use of coal combustion residuals, such as its use in concrete. In addition, this rule would not address coal combustion residuals generated from non-utility boilers burning coal, nor would it address the placement of coal combustion residuals in mines or non-minefill uses of coal combustion residuals at coal mine sites. Since the publication of the proposed rule, EPA has issued three Notices of Data Availability (NODAs) seeking public comment on additional data and information obtained by EPA. In the most recent NODA, issued on August 2, 2013, EPA is inviting comment on additional information to supplement the Regulatory Impact Analysis and risk assessment; information on large scale fill; and data on the surface impoundment structural integrity assessments. With this NODA, EPA is also seeking comment on two issues associated with the requirements for coal combustion residual management units.
Timeline

MilestoneDate
Initiated11/07/2000
NPRM: Sent to OMB for Regulatory Review10/16/2009
NPRM: Received by OMB10/16/2009
NPRM: Regulatory Review Concluded05/04/2010
NPRM: Comment Period Open06/21/2010
NPRM: Published in FR06/21/2010
Public Meeting: Published in FR07/15/2010
Public Meeting: Public Meeting08/05/2010
Public Meeting: Published in FR08/05/2010
Public Meeting: Public Meeting08/12/2010
Public Meeting: Published in FR08/12/2010
NPRM: Correction Published in FR08/20/2010
Public Meeting: Public Meeting08/30/2010
Public Meeting: Public Meeting09/02/2010
Public Meeting: Public Meeting09/08/2010
Public Meeting: Public Meeting09/14/2010
Public Meeting: Public Meeting09/16/2010
NPRM: Comment Period Closed09/20/2010
NPRM: Public Meeting09/21/2010
NPRM: Public Meeting09/28/2010
Public Meeting: Public Meeting10/06/2010
Public Meeting: Published in FR10/06/2010
NODA: Published in FR10/21/2010
NODA: Comment Period Open10/21/2010
Public Meeting: Public Meeting10/27/2010
Public Meeting: Published in FR10/27/2010
NODA: Comment Period Closed11/19/2010
NPRM: Comment Period Closed with Extension11/19/2010
NODA: Sent to OMB for Regulatory Review06/30/2011
NODA: Received by OMB07/04/2011
NODA: Regulatory Review Concluded09/28/2011
NODA: Comment Period Open10/12/2011
NODA: Published in FR10/12/2011
NODA: Comment Period Closed11/14/2011
NODA: Sent to OMB for Regulatory Review03/12/2012
NODA4: Sent to OMB for Regulatory Review03/12/2012
NODA4: Received by OMB04/23/2013
NODA4: Regulatory Review Concluded07/26/2013
NODA4: Published in FR08/02/2013
NODA4: Comment Period Open08/02/2013
NODA4: Comment Period Closed09/03/2013
Final Rule: Published in FR00/0000 (projected)

Potential Effects

Children's Health
This rule is likely to address an adverse impact on childhood lifestages, including prenatal (via exposure to women of childbearing age). The potential adverse impacts are expected to be due to exposure (i.e., children and/or women of childbearing age are more likely to be highly exposed than other lifestages).

Environmental Justice
This rulemaking involves a topic that is likely to be of particular interest to or have particular impact upon minority, low-income, tribal, and/or other vulnerable populations because:

  • This topic is likely to impact the health of vulnerable populations.
  • This topic is likely to impact the environmental conditions of vulnerable populations.
  • This topic is likely to affect the availability of information to vulnerable populations.

Federal Government - other agencies
Likely to be regulated by this rule.
Likely to be involved in the implementation of this rule.

Federalism
This rulemaking is likely to have federalism implications, as defined by E.O. 13132.

Local Governments
Likely to be regulated by this rule.
Likely to be involved in the implementation of this rule.

Small Entities
EPA notifies the public when a rulemaking is likely to 1) have any adverse economic impact on small entities even though a Regulatory Flexibility Analysis may not be required and/or 2) have significant adverse economic impacts on a substantial number of small entities. The term "small entities" includes small businesses, small governments, and small not-for-profits. (Read a longer explanation on our Small Entities web page.) This rulemaking is likely to impact small entities in the following way(s):
  • Likely to have any adverse economic impact on:
    • small businesses
    • small governments

In addition, small governments are:

  • Likely to be involved in the implementation of this rule.
  • Likely to be regulated by this rule.

State Governments
Likely to be regulated by this rule.
Likely to be involved in the implementation of this rule.

Tribal Governments
Likely to be involved in the implementation of this rule.

Unfunded Mandates
This action may place unfunded mandates on state, local, and/or tribal governments and on the private sector. It is subject to Section 202 of the Unfunded Mandates Reform Act.

Participate / Learn More Regulatory Review

Some of EPA's rulemakings undergo regulatory review (What's this?), as prescribed by Executive Order 12866 and coordinated by the Office of Management and Budget (OMB). The following list describes which of this rulemaking's stages have completed review and published in the Federal Register, if any, and provides links to the review documents where available. Consult the "Timeline" section of this Web page for the dates of each review.

  • NODA-2 - No Information Available.
  • NODA - This stage of the rulemaking underwent review.
  • NODA-1 - This stage of the rulemaking did not undergo review.
  • NODA - This stage of the rulemaking did not undergo review.
  • NODA4 - This stage of the rulemaking underwent review.
Citations & Authorities

Federal Register Citations

Code of Federal Regulations (CFR) Citation
40 CFR 257;261;264;265;268;271;302

Legal Authority
42 USC 6905;42 USC 6906;42 USC 6907(a)(3);42 USC 6912;42 USC 6912(a);42 USC 6912(a)(1);42 USC 6921;42 USC 6922;42 USC 6923;42 USC 6924;42 USC 6925;42 USC 6925(j);42 USC 6935;42 USC 6936;42 USC 6937;42 USC 6944(a);42 USC 6949a(c);33 USC 1345(d);33 USC 1345(e)

Disclaimer

This site provides summaries of priority rulemakings and priority retrospective reviews of existing regulations. We update most of the site at the beginning of each month, though some data is updated more frequently if it is time sensitive. The information on this site is not intended to and does not commit EPA to specific conclusions or actions. For example, after further analysis, EPA may decide the effects of a rule would be different or it may decide to terminate a rulemaking.


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