[Federal Register Volume 75, Number 161 (Friday, August 20, 2010)]
[Proposed Rules]
[Pages 51434-51436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20703]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 257, 261, 264, 265, 268, 271, and 302
[EPA-HQ-RCRA-2009-0640; FRL-9191-5]
RIN-2050-AE81
Hazardous and Solid Waste Management System; Identification and
Listing of Special Wastes; Disposal of Coal Combustion Residuals From
Electric Utilities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule: corrections, extension of the comment period,
and additional public hearings.
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SUMMARY: On June 21, 2010, EPA proposed to regulate the disposal of
coal combustion residuals generated from the combustion of coal at
electric utilities and by independent power producers. This action
makes several administrative corrections in the preamble to the
proposed rule, which were discovered after the proposal was published
in the Federal Register. In addition, EPA is providing notice that
additional support documents are available for public inspection in the
rulemaking docket.
This action also extends the deadline for submitting written
comments on the proposed rule to November 19, 2010. This extension
provides an additional 60 days for the public to provide written
comments. EPA received numerous requests for an extension of the
comment period and this notice is the Agency's response to those
persons who requested an extension of the comment period.
Also, in response to significant public interest in the proposed
rule, the Agency recently announced on its Web site that it will
conduct two additional public hearings on the proposed rule, one in
Pittsburgh, Pennsylvania, and the other in Louisville, Kentucky, and an
additional Webinar. Additional information on these announcements is
included in this notice.
DATES: Comments on the proposed rule must be received on or before
November 19, 2010.
ADDRESSES: Submit your comments on the proposed rule, identified by
Docket ID No. EPA-HQ-RCRA-2009-0640, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: Comments may be sent by electronic mail (e-mail)
to [email protected], Attention Docket ID No. EPA-HQ-RCRA-2009-0640.
In contrast to EPA's electronic public docket, EPA's e-mail system is
not an ``anonymous access'' system. If you send an e-mail comment
directly to the Docket without going through EPA's electronic public
docket, EPA's e-mail system automatically captures your e-mail address.
E-mail addresses that are automatically captured by EPA's e-mail system
are included as part of the comment that is placed in the official
public docket, and made available in EPA's electronic public docket.
Fax: Comments may be faxed to 202-566-0272; Attention
Docket ID No. EPA-HQ-RCRA-2009-0640.
Mail: Send your comments to the Hazardous and Solid Waste
Management System; Identification and Listing of Special Wastes;
Disposal of Coal Combustion Residuals From Electric Utilities Docket,
Attention Docket ID No., EPA-HQ-RCRA-2009-0640, Environmental
Protection Agency, Mailcode: 28221T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Please include a total of two copies.
Hand Delivery: Deliver two copies of your comments to the
Hazardous and Solid Waste Management System; Identification and Listing
of Special Wastes; Disposal of Coal Combustion Residuals From Electric
Utilities Docket, Attention Docket ID No., EPA-HQ-RCRA-2009-0640, EPA/
DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC
20460. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-RCRA-
2009-0640. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Hazardous and
Solid Waste Management System; Identification and Listing of Special
Wastes; Disposal of Coal Combustion Residuals From Electric Utilities
Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC 20460. This Docket Facility is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The Docket
telephone number is (202) 566-0270. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744.
FOR FURTHER INFORMATION CONTACT: For questions on the June 21, 2010,
proposed rule or today's notice, contact Alexander Livnat, Office of
Resource Conservation and Recovery, U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Mailcode 5304P, Washington, DC
20460; telephone number: (703) 308-7251; e-mail address:
[email protected], or Steve Souders, Office of Resource
Conservation and Recovery, U.S. Environmental Protection Agency, 1200
[[Page 51435]]
Pennsylvania Ave., NW., Mailcode 5304P, Washington, DC 20460; telephone
number: (703) 308-8431; e-mail address: [email protected]. If you
have questions concerning the public hearings or the Webinars, please
contact Bonnie Robinson, Office of Resource Conservation and Recovery,
U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW,
Mailcode 5304P, Washington, DC 20460; telephone number (703) 308-8429;
e-mail address: [email protected], or Elaine Eby, Office of
Resource Conservation and Recovery, U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave., NW, Mailcode 5304P, Washington, DC
20460; telephone number (703) 308-8449; e-mail address
[email protected].
SUPPLEMENTARY INFORMATION:
A. Background on the Proposed Rule
On June 21, 2010, EPA co-proposed two options for regulating the
disposal of coal combustion residuals (CCRs), commonly known as coal
ash, generated from the combustion of coal at electric utilities and by
independent power producers (75 FR 35128). Under the first proposal,
EPA would reverse its August 1993 and May 2000 Bevill Regulatory
Determinations regarding CCRs and list these residuals as special
wastes subject to regulation under subtitle C of the Resource
Conservation and Recovery Act (RCRA), when they are destined for
disposal in landfills and surface impoundments. Under the second
proposal, EPA would leave the Bevill Regulatory Determinations in place
and regulate the disposal of such materials under subtitle D of RCRA by
issuing national minimum criteria. Under both alternatives, EPA
proposed not to change the May 2000 Regulatory Determination for
beneficially used CCRs, which are currently exempt from the hazardous
waste regulations under Section 3001(b)(3)(A) of RCRA.
To assist the reader in reviewing the proposed rule and the
corrections published today, EPA has made available an unofficial
version of the entire corrected proposal on its Web site, which can be
accessed at http://www.epa.gov/coalashrule.
B. Corrections to the Proposed Rule
The proposed rule as published in the Federal Register on June 21,
2010, contained a number of inadvertent administrative errors in: (1)
The ADDRESSES section; (2) a table summarizing EPA's estimates of
regulatory costs and benefits; (3) the discussion of EPA's risk
assessment; and (4) a footnote. Accordingly, the June 21, 2010
publication of the proposed rule is corrected as follows:
1. On page 35128, second column, sixth paragraph, in the first
sentence, ``Mailcode: 5305T,'' is corrected to read ``Mailcode:
28221T,''.
2. On page 35134, Table 1 is replaced with the following table.
Table 1--Summary Table Comparison of Regulatory Benefits to Costs--Ranging Over All Three Beneficial Use
Scenarios
[$Millions @ 2009 $ prices and @ 7% discount rate over 50-year future period-of-analysis 2012 to 2061]
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Subtitle C ``special
waste'' Subtitle D Subtitle ``D prime''
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A. Present Values
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1. Regulatory Costs.................. $20,349................ $8,095................. $3,259.
2. Regulatory Benefits............... ($230,817) to $102,191. $1,168 to $41,761...... $593 to $17,501.
3. Net Benefits (2-1)................ ($251,166) to $81,842.. ($6,927) to $33,666.... ($2,666) to $14,242.
4. Benefit/Cost Ratio (2/1).......... (11.343) to 5.022...... 0.144 to 5.159......... 0.182 to 5.370.
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B. Average Annualized Equivalent Values *
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1. Regulatory Costs.................. $1,474................. $587................... $236.
2. Regulatory Benefits............... ($16,725) to $7,405.... $85 to $3,026.......... $43 to $1,268.
3. Net Benefits (2-1)................ ($18,199) to $5,930.... ($502) to $2,439....... ($193) to $1,032.
4. Benefit/Cost Ratio (2/1).......... (11.343) to 5.022...... 0.144 to 5.159......... 0.182 to 5.370.
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* Note: Average annualized equivalent values calculated by multiplying 50-year present values by a 50-year 7%
discount rate ``capital recovery factor'' of 0.07246.
3. On page 35144, second column, third paragraph, the first
sentence which reads ``EPA submitted the revised draft risk assessment
report, together with public comments on the report in response to the
2007 NODA, to a peer review panel. EPA completed the risk assessment,
taking into account peer review comments, in a final report titled
``Human and Ecological Risk Assessment of Coal Combustion Wastes,''
(September 2009).'' is corrected to read ``EPA submitted the revised
draft risk assessment report, together with public comments on the
report in response to the 2007 NODA, to a peer review panel. EPA
completed the risk assessment, taking into account peer review
comments, in a final report titled ``Human and Ecological Risk
Assessment of Coal Combustion Wastes,'' (April 2010).''
4. On page 35170, in the first column, the first full sentence
which reads ``A detailed discussion of the modeling and risks from this
pathway can be found in U.S. EPA 2009a (available in the docket for
this proposal).'' is corrected to read ``A detailed discussion of the
modeling and risks from this pathway can be found in U.S. EPA 2010a
(available in the docket for this proposal).''
5. On page 35170, in the first column, third paragraph, the third
sentence which reads ``For CCRs co-managed with coal refule, thallium
is estimated at two times the reference dose in unlined landfills at
the 90th percentile, but did not exceed the reference dose at the 0th
percentile for any liner type.'' is corrected to read ``For CCRs co-
managed with coal refuse, thallium is estimated at two times the
reference dose in unlined landfills at the 90th percentile, but did not
exceed the reference dose at the 50th percentile for any liner type.''
6. On page 35170, in the second column, at the end of the first
paragraph, the sentence ``Of the contaminated groundwater plumes that
are estimated to reach the receptor wells from composite-lined units,
the median time to peak well concentration as not estimated to sour in
the 10,000 year time period that was modeled.101'' is
corrected to read ``Of the contaminated groundwater plumes that are
estimated to reach the receptor wells from composite-lined units, the
median time to peak well concentrations was not
[[Page 51436]]
estimated to occur in the 10,000 year time period that was
modeled.101''
7. On page 35220, first column, footnote 165 which reads ``U.S.
EPA. Regulatory Impact Analysis for EPA's Proposed Regulation of Coal
Combustion Wastes Generated by the Electric Utility Industry, 2009.
Office of Resource Conservation and Recovery.'' is corrected to read
``U.S. EPA. Regulatory Impact Analysis for EPA's Proposed Regulation of
Coal Combustion Wastes Generated by the Electric Utility Industry,
April 2010. Office of Resource Conservation and Recovery.''
C. Notice That Additional Support Documents Have been Placed in the
Docket
This document also notifies the public that EPA has included
additional support documents in the proposed rule docket. Documents
that were referenced in the proposed rule, and were previously found
only on EPA's Coal Combustion Products Partnership (C2P2) Web site have
been moved to the docket for this rulemaking. Similarly, EPA has
included in the docket a notice that describes a file transfer protocol
(FTP) site where the public can download the full scale risk modeling
input and output files used in the document entitled, ``Draft Human and
Ecological Risk Assessment of Coal Combustion Wastes,'' April, 2010.
EPA also has added the executable files for the models used in the risk
assessment in the same FTP site. As part of the proposed rule, EPA had
stated that these materials would be available upon request; in the
interest of ensuring the greatest degree of public access, EPA has
subsequently decided to place them in the rulemaking docket.
EPA therefore recommends that the public consult the docket to
access all of EPA's record support documents. The docket provides the
date on which the material was added, so newly added materials will be
easily identifiable.
D. Two Additional Public Hearings
On July 15, 2010 (75 FR 41121), EPA announced in the Federal
Register its intent to conduct five public hearings across the United
States to allow the public an opportunity to present data, views or
arguments concerning the proposed rule. These public hearings are
scheduled to take place in Arlington, Virginia; Denver, Colorado;
Dallas, Texas; Charlotte, North Carolina; and Chicago, Illinois. Given
the significant public interest in this rule and to further public
participation opportunities, on August 6, 2010, EPA announced on its
website that it would hold two additional public hearings, one in
Pittsburgh, Pennsylvania, on September 21, 2010, and the other in
Louisville, Kentucky, on September 28, 2010. These public hearings will
be conducted in the same manner as the public hearings announced in the
July 15, 2010, Federal Register notice. Details on the Pittsburgh and
Louisville public hearings can be found on EPA's Web site at: http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/ccr-rule/ccr-hearing.htm. If you have any questions, please contact either Bonnie
Robinson or Elaine Eby at the addresses given above under FOR FURTHER
INFORMATION CONTACT.
E. Additional Webinar
EPA previously announced that the Agency will be hosting two
Webinars; one on August 5, 2010, and a second on August 12, 2010. On
August 6, 2010, EPA announced on its Web site that we would conduct an
additional Webinar. As soon as the scope and format of the third
Webinar is determined, EPA will post such information on the Web site:
http://www.epa.gov/osw/nonhaz/industrial/special/fossil/ccr-rule/ccr-webinar.htm. EPA will post the transcript from the Webinars on its Web
site and will put into the rulemaking record the questions that we
receive during the Webinars. However, the Webinars are designed to
assist the public in understanding the proposal and are not designed to
take public comment on the proposal. For example, many of the questions
that were submitted appear to have been made in response to statements
made as part of the presentation, and may not be entirely clear without
that context. Consequently, although EPA will treat the questions
submitted during the Webinar as part of the rulemaking record, (and
will respond accordingly), EPA encourages those who submitted questions
as part of the Webinar, and who wish to submit comments on the
proposal, to consider whether they wish to supplement or clarify those
questions, and to follow the procedures for submitting comments set out
in this notice and in our June 21 proposal.
Dated: August 12, 2010.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 2010-20703 Filed 8-19-10; 8:45 am]
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