63252 Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Proposed Rules 

country new unit set-asides, and 

assurance levels as follows: (1) Revise 

an error in Michigan’s annual NOX

budget to account for an erroneously 

assumed selective catalytic reduction 

(SCR) emission control device at one 

unit; (2) revise an error in Nebraska’s 

annual NOX budget to account for an 

erroneously assumed SCR emission 

control device at one unit; (3) revise an 

error in the Texas SO2 budget to account 

for erroneously assumed flue gas 

desulphurization (FGD, or scrubber) 

emission control devices at three units 

and revised assumptions regarding flue 

gas treatment in existing scrubbers at 

seven units; (4) revise an error in the 

Arkansas ozone-season new unit setaside to account for erroneously omitted 

projected emissions from one new unit; 

(5) revise an error in the Texas new unit 

set-aside to account for erroneously 

omitted projected emissions for SO2, 

ozone-season NOX, and annual NOX; (6) 

revise New Jersey’s ozone-season NOX, 

annual NOX and annual SO2 budgets to 

account for an erroneously assumed 

scrubber and selective catalytic 

reduction emission control device at 

one unit and generation required for 

reliability purposes at six units, (7) 

revise Wisconsin’s annual SO2 and 

annual NOX budgets to account for an 

erroneously assumed FGD and SCR 

device at two units, and (8) revise New 

York’s annual SO2, annual NOX, and 

ozone season NOX budgets based on 

required operational constraints likely 

to necessitate non-economic generation 

at ten units; (9) revise Louisiana’s ozone 

season NOX budget taking into account 

operational constraints likely to 

necessitate non-economic generation at 

twelve units; (10) revise Mississippi’s 

ozone season NOX budget taking into 

account operational constraints likely to 

necessitate non-economic generation at 

four units; (11) revise Texas’s annual 

NOX and ozone season NOX budgets 

based on operational constraints likely 

to necessitate non-economic generation 

at seven units; and (12) revise Florida’s 

ozone-season NOX budget taking into 

account the unavailability of a 

previously operating nuclear unit. EPA 

is also proposing to add an additional 

limit on the allocation of allowances to 

units covered by certain consent 

decrees. In addition, EPA is proposing 

to correct technical errors in the rule 

text. 

Public hearing: The proposal for 

which EPA will hold the public hearing, 

if requested, is available at http:// 

www.epa.gov/crossstaterule and also in 

the docket identified below. The public 

hearing, if requested, will provide 

interested parties the opportunity to 

present data, views, or arguments 

concerning the proposal. EPA may ask 

clarifying questions during the oral 

presentations, but will not respond to 

the presentations at that time. Written 

statements and supporting information 

submitted during the comment period 

will be considered with the same weight 

as any oral comments and supporting 

information presented at the public 

hearing. Written comments on the 

proposed rule must be postmarked 

November 14, 2011 unless a public 

hearing is requested in which event 

comments must be received on or before 

November 28, 2011. 

Commenters should notify Ms. 

Stevens if they will need specific 

equipment or if there are other special 

needs related to providing comments at 

the hearing. EPA will provide 

equipment for commenters to show 

overhead slides or make computerized 

slide presentations if we receive special 

requests in advance. Oral testimony will 

be limited to 5 minutes for each 

commenter. EPA encourages 

commenters to provide EPA with a copy 

of their oral testimony electronically 

(via e-mail or CD) or in hard copy form. 

The hearing schedule, including lists 

of speakers, will be posted on EPA’s 

Web site http://www.epa.gov/ 

crossstaterule. Verbatim transcripts of 

the hearing and written statements will 

be included in the docket for the 

rulemaking. Written statements 

(duplicate copies preferred) should be 

submitted to Docket ID No. EPA–HQ– 

2009–0491, at the address posted on 

EPA’s webpage referenced above. 

Interested parties are strongly urged to 

monitor and consult the referenced Web 

site regarding the scheduled hearing. 

EPA will make every effort to follow 

the schedule as closely as possible on 

the day of the hearing; however, please 

plan for the hearing to run either ahead 

of schedule or behind schedule. 

How can I get copies of this document 

and other related information? 

EPA has established a docket for the 

proposed rule ‘‘Revisions to the Federal 

Implementation Plans to Reduce 

Interstate Transport of Fine Particulate 

Matter and Ozone’’ under Docket ID No. 

EPA–HQ–OAR–2009–0491 (available at 

http://www.regulations.gov). 

As stated previously, the proposed 

rule was signed on October 6, 2011 and 

is available at http://www.epa.gov/ 

crossstaterule and in the above-cited 

docket. 

Dated: October 6, 2011. 

Elizabeth Craig, 

Acting Director, Office of Atmospheric 

Programs. 

[FR Doc. 2011–26314 Filed 10–11–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 257, 261, 264, 265, 268, 

271 and 302 

[EPA–HQ–RCRA–2011–0392; FRL–9476–6] 

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: Notice of Data Availability and 

Request for Comment. 

SUMMARY: This Notice announces and 

invites comment on additional 

information obtained by the 

Environmental Protection Agency 

(Agency or EPA) in conjunction with 

the proposed rule: Hazardous and Solid 

Waste Management System: 

Identification and Listing of Special 

Wastes; Disposal of Coal Combustion 

Residuals From Electric Utilities that 

was published in the Federal Register 

on June 21, 2010 (75 FR 35127). This 

information is generally categorized as: 

Chemical constituent data from coal 

combustion residuals (CCRs); Facility 

and waste management unit data; 

Information on additional alleged 

damage cases; Adequacy of State 

programs; and Beneficial Use. In 

addition, EPA is considering a variety of 

possible approaches to update and 

enhance the risk assessment and the 

regulatory impact analysis (RIA) 

supporting the development of the final 

rule. EPA is specifically soliciting 

comments on the validity and propriety 

of the use of all new information, data, 

and potential analyses being noticed 

today. The Agency is only requesting 

comment on the information either 

specifically identified in this Notice or 

located in the docket for this Notice and 

is not reopening any other aspect of the 

proposal or the underlying support 

documents that were previously 

available for comment. Comments 

submitted on any issues other than 

those specifically identified in this 

Notice will be considered ‘‘late 

comments,’’ and EPA will not respond 

to such comments, nor will they be 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Proposed Rules 63253 

considered part of the rulemaking 

record. 

DATES: Submit comments on or before 

November 14, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

RCRA–2011–0392, by one of the 

following methods: 

(1) http://www.regulations.gov: 

Follow the online instructions for 

submitting comments. 

(2) E-mail: Comments may be sent by 

electronic mail (e-mail) to rcradocket@epa.gov, Attention Docket ID 

No. EPA–HQ–RCRA–2011–0392. 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 email 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. 

(3) Fax: Comments may be faxed to 

202–566–9744. Attention Docket ID No. 

EPA–HQ–RCRA–2011–0392. 

(4) Mail: Send two copies of your 

comments to Hazardous and Solid 

Waste Management System: 

Identification and Listing of Special 

Wastes; Disposal of Coal Combustion 

Residuals From Electric Utilities: Notice 

of Data Availability and Request for 

Comment, Environmental Protection 

Agency, Mailcode: 28221T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460. Attention Docket ID No. 

EPA–HQ–RCRA–2011–0392. 

(5) 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: Notice 

of Data Availability and Request for 

Comment Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC 20460. Attention 

Docket ID No. EPA–HQ–RCRA–2011– 

0392. 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–2011– 

0392. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available on-line 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 

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. 

For additional instructions on 

submitting comments, go to the 

SUPPLEMENTARY INFORMATION section of 

this document. 

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: Notice of Data 

Availability and Request for Comment 

Docket, EPA/DC, EPA West, Room 3334, 

1301 Constitution Ave., NW., 

Washington, DC. 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: 

Steve Souders, Office of Resource 

Conservation and Recovery (5304P), 

U.S. Environmental Protection Agency, 

1200 Pennsylvania Avenue, NW., 

Washington, DC 20460–0002, telephone 

(703) 308–8431, e-mail address 

souders.steve@epa.gov or Jason Mills, 

Office of Resource Conservation and 

Recovery (5305P), U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue, NW, Washington, DC 20460– 

0002, telephone (703) 305–9091, e-mail 

address mills.jason@epa.gov. For more 

information on this rulemaking, please 

visit: www.epa.gov/epawaste/nonhaz/ 

industrial/special/fossil/ccr-rule/ 

index.htm. 

SUPPLEMENTARY INFORMATION: 

I. How should I submit CBI to the 

agency? 

Do not submit information that you 

consider to be CBI electronically 

through http://www.regulations.gov or 

by e-mail. Send or deliver information 

identified as CBI only to the following 

address: RCRA CBI Document Control 

Officer, Office of Resource Conservation 

and Recovery (5305P), U.S. EPA, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460, Attention 

Docket ID No. EPA–HQ–RCRA–2011– 

0392. You may claim information that 

you submit to EPA as CBI by marking 

any part or all of that information as CBI 

(if you submit CBI on disk or CD–ROM, 

mark the outside of the disk or CD–ROM 

as CBI and then identify electronically 

within the disk or CD–ROM the specific 

information that is CBI). Information so 

marked will not be disclosed, except in 

accordance with procedures set forth in 

40 CFR part 2. 

In addition to one complete version of 

the comment that includes any 

information claimed as CBI, a copy of 

the comment that does not contain the 

information claimed as CBI must be 

submitted for inclusion in the public 

docket and EPA’s electronic public 

docket. If you submit the copy that does 

not contain CBI on disk or CD–ROM, 

mark the outside of the disk or CD–ROM 

clearly that it does not contain CBI. 

Information not marked as CBI will be 

included in the public docket and EPA’s 

electronic public docket without prior 

notice. If you have any questions about 

CBI or the procedures for claiming CBI, 

please contact: LaShan Haynes, Office of 

Resource Conservation and Recovery 

(5305P), U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460–0002, 

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63254 Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Proposed Rules 

1The cited risk assessment, ‘‘Draft: Human and 

Ecological Risk Assessment of Coal Combustion 

Wastes,’’ April 2010 (EPA–HQ–RCRA–2009–0640– 

0002), and RIA, ‘‘Regulatory Impact Analysis for 

EPA’s Proposed RCRA Regulation Of Coal 

Combustion Residues (CCR) Generated by the 

Electric Utility Industry, ’’ April 2010 (EPA–HQ– 

RCRA–2009–0640–0003) are available in the docket 

for the 2010 proposed rule. 

2The Agency’s Guidelines for Ensuring and 

Maximizing the Quality, Objectivity, Utility, and 

Integrity of Information Disseminated by the 

Environmental Protection Agency contain EPA’s 

policy and procedural guidance for ensuring and 

maximizing the quality of information that the 

Agency disseminates. They were developed in 

response to guidelines issued by the Office of 

Management and Budget (OMB) under Section 

515(a) of the Treasury and General Government 

Appropriations Act for Fiscal Year 2001 (Public 

Law 106–554; H.R. 5658). The EPA Information 

Quality Guidelines are available at: http://epa.gov/ 

quality/informationguidelines/documents/ 

EPA_InfoQualityGuidelines.pdf. 

3Specific evaluation criteria are outlined in the 

Agency’s Data Quality Assessment: A Reviewer’s 

Guide (EPA/240/B–06/002, February 2006) and in 

the checklist provided at http://www.epa.gov/ 

quality/qs-docs/cklist-secondary.pdf 

4Available at http://www.epa.gov/OSA/spc/pdfs/ 

assess2.pdf. 

telephone (703) 605–0516, e-mail 

address haynes.lashan@epa.gov. 

II. Purpose of This Notice 

With this Notice, EPA is reopening 

the comment period on the proposed 

rule: Hazardous and Solid Waste 

Management System; Identification and 

Listing of Special Wastes; Disposal of 

Coal Combustion Residuals from 

Electric Utilities (75 FR 35127, June 21, 

2010), herein referred to as the ‘‘2010 

proposed rule,’’ for the limited purpose 

of obtaining public comment on 

additional information that may be 

relevant to the development of a final 

rule. Some of the information includes 

data or analyses that were received 

during the comment period for the 2010 

proposed rule and that could have the 

potential to play a role in support for 

decisions in the final rule. It also 

includes information obtained based on 

further EPA research conducted both 

during and after the close of the 

comment period, and which was 

therefore not available for public 

comment during the prior comment 

period on the proposed rule. The NODA 

describes several general categories of 

information and data. In addition, this 

Notice describes some new information 

and data we have received that could be 

used in potential updates and 

enhancements to the risk assessment 

and RIA for the final rule.1 Note, 

however, that the NODA does not 

provide an exhaustive presentation of 

all of the information and data that EPA 

is placing in the associated docket and 

seeking comment on. All the 

information subject to this notice can be 

accessed as described in Unit III of this 

notice. 

EPA is still in the process of 

evaluating this information and 

deliberating the provisions of a final 

rule. Therefore EPA cannot definitively 

state whether this information will 

provide support for any provision of the 

final rule, or that the Agency has 

determined that it is appropriate to rely 

on this information in developing the 

final rule. In addition, it should not be 

assumed that the specific information 

identified in this Notice is the full sum 

of information received in comments 

that will be considered or that will 

influence the Agency’s decisions in this 

rulemaking. However, in the interests of 

ensuring that the public has had a full 

and complete opportunity to comment 

on the information that EPA has so far 

identified as having the potential to 

weigh in EPA’s decisions on the final 

rule, EPA is reopening the comment 

period for the limited purpose of 

allowing the public to comment on the 

validity and propriety of using this 

information, data, and potential 

analyses in developing the final rule. 

EPA will also review this information to 

ensure the data is of sufficient quality 

before relying on it in deliberations on 

the final rule.2 EPA will use its 

Information Quality Guidelines, as 

appropriate, to evaluate information to 

be used in the Risk Assessment as well 

as all other information which supports 

the regulatory determination.3 In 

addition, EPA will also rely on the EPA 

Science Policy Council Assessment 

Factors Guidance to evaluate the quality 

and relevance of scientific and technical 

information.4

As noted above, all of the information 

on which EPA is requesting comment is 

either specifically identified in this 

Notice or is located in the docket 

supporting this Notice. EPA is not 

reopening the comment period on any 

other aspect of the proposed rule. This 

is not an opportunity for the public to 

supplement their comments on the 

proposed rule, or to raise issues that 

could have been raised during the 

original comment period. The only 

issues on which the Agency is soliciting 

comment relate to the information in the 

docket supporting this Notice, EPA– 

HQ–RCRA–2011–0392, or the potential 

revisions to the risk assessment 

specifically described in this Notice. 

Comments submitted on any issues 

other than those specifically identified 

in this Notice will be considered ‘‘late 

comments’’ on the proposed rule. EPA 

will not respond to such comments, and 

they will not be considered part of the 

rulemaking record. 

III. Where can the information 

identified in this notice be found? 

Most of the information that EPA is 

noticing today, including the specific 

comments, can be found in the docket 

supporting this Notice, EPA–HQ– 

RCRA–2011–0392. Otherwise, the 

information is available from websites at 

internet addresses provided in this 

notice. For example, laboratory CCR 

leachate reports, included in Maryland 

Department of the Environment Coal 

Combustion Byproducts Reporting 

Requirements which are being noticed 

below are available at: http://www.mde.

state.md.us/programs/Land/Solid

Waste/CoalCombustionByproducts/

Pages/Programs/LandPrograms/Solid_

Waste/ccbs/index.aspx. In addition, to 

further assist the reader, we are also 

providing, where appropriate, the 

docket number of the comment as it is 

identified in the docket supporting the 

2010 proposed rule, EPA–HQ–RCRA– 

2009–0640. The docket number can be 

found directly following the comment 

in a parenthetical. For example, 

Southern Company provided an Electric 

Power Research Institute (EPRI) report 

titled ‘‘Characterization of Field 

Leachates at Coal Combustion Product 

Management Sites,’’ EPRI report 

1012578 (attachment two of document 

No. EPA–HQ–RCRA–2009–0640–6300). 

With this additional information the 

reader can also use the proposed rule 

docket to access the noticed 

information. 

Finally, most documents are available 

from the docket for viewing and 

downloading through http:// 

www.regulations.gov; however, 

copyrighted documents are only 

available for viewing by visiting the 

docket for the proposed rule (EPA–HQ– 

RCRA–2009–0640) at regulations.gov. 

IV. What new chemical constituent data 

are being noticed? 

EPA is soliciting comment on 

chemical constituent data on coal 

combustion residuals (CCRs) provided 

by commenters, which include total 

concentrations, pore water, and leaching 

test results for various types of CCRs, 

i.e., bottom ash, fly ash, flue gas 

desulfurization (FGD) gypsum, FGD 

sludge, fly ash cenospheres, boiler slag, 

and combined waste streams. The 

following documents identify the new 

CCR constituent data on which EPA is 

seeking comment. 

1. Southern Company provided an 

Electric Power Research Institute (EPRI) 

report titled ‘‘Characterization of Field 

Leachates at Coal Combustion Product 

Management Sites,’’ EPRI Report 

1012578 (attachment two of document 

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No. EPA–HQ–RCRA–2009–0640–6300). 

This report provides field leachate 

results for bottom ash, fly ash, and FGD 

solids in Table A–1 of Appendix A. The 

same report was provided by EPRI in 

their comments on the proposed rule 

(EPA–HQ–RCRA–2009–0640–7776 and 

attachment four of document No. EPA– 

HQ–RCRA–2009–0640–9765). The 

report is copyrighted and not available 

through regulations.gov. The report may 

be viewed by visiting the docket reading 

room or can be obtained at no charge 

from EPRI at www.epri.com by 

searching on the document number or 

title in the search bar. 

2. The Alaska Department of 

Environmental Conservation (ADEC) 

provided a table of total metals, toxicity 

characteristic leaching procedure 

(TCLP), and synthetic precipitation 

leaching procedure (SPLP) results for a 

bottom ash and a fly ash sample from an 

electric utility, and from a non-utility. 

These data are provided in Appendix A 

of ADECs comments on the proposed 

rule (attachment one of document No. 

EPA–HQ–RCRA–2009–0640–6409). 

3. The Michigan Department of 

Natural Resources and Environment (MI 

DNRE) provided a summary table of 

TCLP data, ‘‘Leach Results from 

Evaluation of Ninety Coal Combustion 

Residuals Samples.’’ These data are 

provided in Attachment 1 of MI DNRE’s 

comments (attachment three of 

document No. EPA–HQ–RCRA–2009– 

0640–6815). MI DNRE has subsequently 

provided individual TCLP results for 

102 CCR samples and 12 FGD gypsum 

samples, and two landfill leachate 

samples. These data are available in the 

docket supporting this Notice. 

4. Sunflower Electric Power 

Corporation provided a table of SPLP 

leach test results for a fly ash sample, a 

bottom ash sample, and four composite 

sludge samples. The results are 

provided in a table on page 41 of the 

report ‘‘Volume 2: Site Hydrogeologic 

Assessment, Waste Characterization, 

and Fate and Transport Modeling, 

Holcomb Common Facilities Industrial 

Landfill, July 27, 2007.’’ (attachment 

three of document No. EPA–HQ–RCRA– 

2009–0640–6912). 

5. The University of North Dakota 

Energy & Environmental Research 

Center, on behalf of the Coal Ash 

Resources Research Consortium, 

provided the following: 

a. A report titled ‘‘Evaluation of 

Leaching Potential of Solid Coal 

Combustion Wastes, Final Report’’ 

(attachment two of document No. EPA– 

HQ–RCRA–2009–0640–6996) which 

includes tables in Appendix D of totals 

concentrations and leaching test 

procedure results for two fly ash 

samples, a fly ash sludge, a filter cake 

sludge sample, and a poz-o-tec (a 

mixture of fly ash, FGD sludge, and 

quicklime (calcium oxide)) sample. 

b. A report titled ‘‘Mercury and Air 

Toxic Element Impacts of Coal 

Combustion By-Product Disposal and 

Utilization’’ (attachment two of 

document No. EPA–HQ–RCRA–2009– 

0640–6997) which includes tables in 

Appendix M of leaching test results for 

58 fly ash, five FGD, and four FGD 

gypsum samples using various leaching 

methods, but not TCLP, and TCLP 

mercury results for 15 fly ash samples. 

c. Appendix E of the report titled 

‘‘Demonstration of Coal Ash for Feedlot 

Surfaces’’ (attachment five of document 

No. EPA–HQ–RCRA–2009–0640–6998) 

which includes tables of leaching test 

results for five fly ash and two bottom 

ash samples using 18-hr, 30-day, and 

60-day leach methods, plus bulk and 

trace element data for five fly ash 

samples, two bottom ash samples, and 

one slag sample. 

6. In their comments on the proposed 

rule, EPRI provided the following: 

a. Tables of total metals and TCLP 

results summary statistics for 32 FGD 

gypsum and 11 mined gypsum samples 

(attachment one of document No. EPA– 

HQ–RCRA–2009–0640–9765, page 81). 

EPRI has since provided EPA with 

individual TCLP results for the gypsum 

samples. These data are available in the 

docket supporting this Notice. 

b. A report titled ‘‘Characterization of 

Field Leachates at Coal Combustion 

Product Management Sites; Arsenic, 

Selenium, Chromium, and Mercury 

Speciation,’’ EPRI Report 1012578, 

(EPA–HQ–RCRA–2009–0640–7776 and 

attachment four of document No. EPA– 

HQ–RCRA–2009–0640–9765) which 

includes in Table A–1 of Appendix A, 

trace elements of field leachates from 

bottom ash, fly ash, and FGD sludge 

collected at 15 impoundments and 17 

landfills. (This is the same report and 

data provided by the Southern Company 

described above.) 

7. The Boiler Slag Consortium 

provided laboratory reports with total 

metals and TCLP results for boiler slag 

fines samples (attachment one of 

document No. EPA–HQ–RCRA–2009– 

0640–7787, attachment two of 

document No. EPA–HQ–RCRA–2009– 

0640–7787, and attachment three of 

document No. EPA–HQ–RCRA–2009– 

0640–7787). 

8. Senator David Vitter provided 

laboratory reports with total metals and 

TCLP results for boiler slag fines 

samples (attachment two of document 

No. EPA–HQ–RCRA–2009–0640–6958, 

attachment three of document No. EPA– 

HQ–RCRA–2009–0640–6958, and 

attachment four of document No. EPA– 

HQ–RCRA–2009–0640–6958). These are 

the same data provided by the Boiler 

Slag Consortium (attachment one of 

document No. EPA–HQ–RCRA–2009– 

0640–7787 and attachment three of 

document No. EPA–HQ–RCRA–2009– 

0640–7787). 

9. The Gypsum Association provided 

tables of total metals and TCLP results 

for FGD gypsum (attachment one of 

document No. EPA–HQ–RCRA–2009– 

0640–8227, pages 15 through 19 and 

Exhibit 2). 

10. TCLP results for five fly ash 

cenosphere samples were provided by 

Sphere One, Inc. (attachment one of 

document No. EPA–HQ–RCRA–2009– 

0640–8245, pages 4 through 6). 

11. Congresswoman Michele 

Bachmann provided laboratory reports 

with total metals and TCLP results for 

boiler slag fines samples (attachment 

three of document No. EPA–HQ–RCRA– 

2009–0640–8262 and attachment four of 

document No. EPA–HQ–RCRA–2009– 

0640–8262). These are the same data 

provided by the Boiler Slag Consortium 

(attachment one of document No. EPA– 

HQ–RCRA–2009–0640–7787 and 

attachment three of document No. EPA– 

HQ–RCRA–2009–0640–7787). 

12. U.S. Minerals provided a copy of 

draft comments from Harsco Minerals 

which includes a table of TCLP results 

for 34 slag samples (attachment one of 

document No. EPA–HQ–RCRA–2009– 

0640–8271, pages 11 and 12). Twenty 

five of the 34 samples were also 

provided by Harsco Minerals in their 

comments dated November 19, 2010 

(see number 14 below). Only 24 of the 

34 samples are from electric utilities. 

13. The American Coal Ash 

Association (ACAA) provided the 

following in their comments on the 

2010 proposed rule (EPA–HQ–RCRA– 

2009–0640–10486): 

a. A report titled ‘‘Leaching of 

Inorganic Constituents from Coal 

Combustion By-Products under Field 

and Laboratory Conditions,’’ EPRI, 1998 

(TR–111773–V1) which includes tables 

of summary statistics for pore water 

concentrations from eight landfills and 

12 surface impoundments for coal ash 

on page 3–2 and for FGD sludge on page 

3–3, and tables of summary SPLP and 

TCLP results for CCRs from 10 surface 

impoundments on page 4–4 and 4–5. 

This report was provided by ACAA on 

a CD and is available for viewing by 

visiting the docket reading room. The 

report may also be obtained at no charge 

from EPRI at: http://www.epri.com by 

searching on the document number or 

title in the search bar. 

b. A paper titled ‘‘Leachability of 

Trace Metal Elements from Fly Ashes, 

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63256 Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Proposed Rules 

and from Concrete Incorporating Fly 

Ashes,’’ which includes tables of 

leaching test results for fly ash and fly 

ash concrete on pages 21 and pages 23 

through 25. This paper was provided by 

ACAA on a CD and is only available for 

viewing by visiting the docket reading 

room. 

c. The paper titled ‘‘Comparative 

Leaching of Midwestern Fly Ash and 

Cement,’’ which includes tables of total 

metals concentrations and leaching test 

results for fly ash and cement on pages 

30–6 through 30–14. This paper was 

provided by ACAA on a CD and is only 

available for viewing by visiting the 

docket reading room. 

14. Harsco Minerals provided the 

following with their comments on the 

proposed rule (EPA–HQ–RCRA–2009– 

0640–10489): 

a. A table of TCLP results for 25 boiler 

slag samples on page 13. One sample, 

source number 24, is from a non-utility. 

b. A table of TCLP results for three 

boiler slag fines samples on page 14. 

c. Laboratory analyses reports for the 

25 boiler slag samples in (a) above 

(attachment seven of document No. 

EPA–HQ–RCRA–2009–0640–10489, 

Exhibit 6). 

d. Laboratory reports of total metals 

and TCLP leaching tests for three boiler 

slag fines samples (attachment seven of 

document No. EPA–HQ–RCRA–2009– 

0640–10489, Exhibit 7). These are the 

same data provided by the Boiler Slag 

Consortium described in number 7 

above. 

e. Laboratory analyses reports of TCLP 

results for three pre-blast and three postblast boiler slag blasting abrasives 

(attachment seven of document No. 

EPA–HQ–RCRA–2009–0640–10489, 

Exhibit 8). 

15. Laboratory CCR leachate reports, 

included in Maryland Department of the 

Environment Coal Combustion 

Byproducts Reporting Requirements 

Annual Reports Received for 2008 

through 2010: http://www.mde.state.

md.us/programs/Land/SolidWaste/Coal

CombustionByproducts/Pages/

Programs/LandPrograms/Solid_Waste/

ccbs/index.aspx. Reports can be found 

under the heading ‘‘CCR Reporting 

Information’’ at the bottom of the 

webpage. EPA is seeking comment 

specifically on leachate reports 

pertaining to Constellation Energy; 

Mirant Mid-Atlantic, LLC; AES Warrior 

Run, LLC; and Allegany Energy Supply 

Company. 

16. EPA’s Office of Research and 

Development (ORD), in coordination 

with Vanderbilt University (VU), has 

also developed CCR leaching data 

(Leaching Environmental Assessment 

Framework, or LEAF, data). Some of 

these data considered applicable to the 

2010 Risk Assessment were already 

made available in reports placed in the 

proposed rule docket (EPA–HQ–RCRA– 

2009–0640–0314, 0315, and 0329); 

further data are being made available to 

the public for the duration of the 

comment period at: http:// 

vanderbilt.edu/leaching. To obtain a 

free access key, click the ‘‘License 

Application’’ option under the 

‘‘LeachXS Lite’’ tab. EPA is also 

providing further documentation of the 

data and the methodologies used at: 

http://www.epa.gov/nrmrl/pubs/ 

600r10170/600r10170.pdf. 

V. What new facility and waste 

management data are being noticed? 

The Agency is considering whether to 

use the following additional information 

sources in support of the final rule. 

1. U.S. Department of Energy/Energy 

Information Agency (DOE/EIA): ‘‘2009: 

EIA–923 January—December Final, 

Nonutility Energy Balance and Annual 

Environmental Information Data.’’ This 

database is available on-line at a U.S. 

Department of Energy/U.S. Energy 

Information Administration Web site at: 

http://www.eia.doe.gov/cneaf/ 

electricity/page/eia906_920.html under 

the heading ‘‘Downloads’’ at the bottom 

of the webpage. This database identifies 

facility data that may be considered in 

the development of the final rule. 

2. On October 21, 2010, EPA issued a 

NODA (75 FR 64974) seeking public 

comment on the responses to 

Information Collection Requests that 

EPA sent to electric utilities on their 

CCR surface impoundments, as well as 

reports and materials related to the site 

assessments EPA has conducted on a 

subset of these impoundments. 

Additional responses and site 

assessment materials have been posted 

to EPA’s website since that time and 

this NODA addresses and solicits 

comment on this information, 

including: 

a. The Information Request Responses 

to EPA’s Information Request Letter to 

Electric Utilities available at: http:// 

www.epa.gov/epawaste/nonhaz/

industrial/special/fossil/surveys/ 

index.htm 

b. EPA’s Coal Combustion Residuals 

Impoundment Assessment Reports 

available at: http://www.epa.gov/ 

epawaste/nonhaz/industrial/special/ 

fossil/surveys2/index.htm 

VI. What reports regarding alleged 

damage cases from the management of 

CCRs are being noticed? 

The Agency is noticing several reports 

received in comments to the 2010 

proposed rule, relating to alleged CCR 

management damage cases: 

1. A new report of alleged damage 

cases was released February 24, 2010, 

by the Environmental Integrity Project 

and Earthjustice titled ‘‘Out of Control: 

Mounting Damages From Coal Ash 

Waste Sites,’’ which presents 31 alleged 

CCR damage cases that were not 

included or were not recognized as 

damage cases in EPA’s July 2007 report 

(EPA–HQ–RCRA–2006–0796–0015) 

titled ‘‘Coal Combustion Waste Damage 

Case Assessments.’’ The report is 

available from the docket to this Notice. 

2. In late 2009, EPRI submitted to EPA 

two draft reports titled ‘‘Evaluation of 

Coal Combustion Product Damage 

Cases: Volume 1: Data Summary and 

Conclusions’’ (finalized in July 2010), 

and ‘‘Evaluation of Coal Combustion 

Product Damage Cases: Volume 2: Case 

Summaries’’(finalized in September 

2010). In these reports EPRI claimed 

that the EPA was inconsistent in 

applying its own ‘test of proof’ criteria 

to determine which of the damage cases 

included in EPA’s July 2007 report 

qualify as CCRs-related proven damage 

cases. These reports are available from 

the docket to the proposed rule (EPA– 

HQ–RCRA–2009–0640–0326, and EPA– 

HQ–RCRA–2009–0640–0327, 

respectively). These are copyrighted 

reports and are not available for viewing 

on-line. The 2010 final reports are also 

copyrighted and are only available for 

viewing by visiting the docket to this 

Notice. They are also available on-line 

from EPRI at: http://my.epri.com/portal/ 

server.pt?open=512&objID=413&&

PageID=230509&mode=2&cached=true. 

3. A report released August 26, 2010, 

by the Environmental Integrity Project, 

Earthjustice, and the Sierra Club titled 

‘‘In Harm’s Way: Lack Of Federal Coal 

Ash Regulations Endangers Americans 

And Their Environment,’’ which 

presents 39 alleged CCR damage cases. 

The report is available from the docket 

to this Notice. 

VII. What new analyses of state 

programs are being noticed? 

1. EPA is noticing the comments on 

the 2010 proposed rule, submitted by 

Earthjustice, Environmental Integrity 

Project, Sierra Club, Natural Resources 

Defense Council, Southern Alliance for 

Clean Energy, Southern Environmental 

Law Center, and Physicians for Social 

Responsibility (attachment one of 

document No. EPA–HQ–RCRA–2009– 

0640–6315), addressing gaps in state 

government regulatory programs 

applicable to the management of CCRs 

(pgs. 17–63). 

2. The Agency is also noticing 

comments addressing state programs 

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submitted by the Association of State 

and Territorial Solid Waste Management 

Officials (attachment one of document 

No. EPA–HQ–RCRA–2009–0640–3936 

and EPA–HQ–RCRA–2009–0640–8787), 

the Environmental Council of the States 

(attachment one of document No. EPA– 

HQ–RCRA–2009–0640–4003 and EPA– 

HQ–RCRA–2009–0640–8854) and 36 

states. All of the states’ comments are 

available in the docket to the proposed 

rule. 

VIII. What new materials on beneficial 

uses are being noticed? 

The Agency received a significant 

amount of additional data and other 

factual information relating to the 

beneficial reuse of CCR, such as the use 

in concrete, bricks and wallboard, 

during the comment period. EPA also 

obtained additional data as a result of 

further research. EPA is requesting 

comment on whether this information 

should be considered in the 

development of the final rule. All of 

these documents are available from the 

docket to this Notice. 

IX. What new information and 

potential modeling analyses to update 

and enhance the risk assessment are 

being noticed? 

EPA is considering updating its risk 

assessment prepared in support of the 

2010 proposed rule based upon public 

comments and additional information 

made available since the publication of 

the proposed rule. The 2010 Risk 

Assessment, ‘‘Draft: Human and 

Ecological Risk Assessment of Coal 

Combustion Wastes,’’ April 2010 (‘‘2010 

Risk Assessment’’) is available in the 

docket to the proposed rule (EPA–HQ– 

RCRA–2009–0640–0002). As noted 

previously, EPA is requesting comment 

only for the narrow purposes described 

in Unit II—i.e., on the validity and 

propriety of using the information, data, 

and analyses associated with this notice. 

As also noted previously, although EPA 

is singling out the information and data 

specifically listed below and in the 

docket for further public comment, it 

should not be assumed that this 

information/data is the full sum of the 

information/data received in comments 

that will be considered or that will 

influence the Agency’s decisions in this 

rulemaking. 

1. EPA is considering updating its 

pore water data by adding pore water 

data submitted by public commenters 

(previously discussed in Section IV). 

EPA is also considering the use of 

alternative statistical analysis, such as 

the use of quartiles or bootstrapping, in 

place of site averages for pore water data 

in order to retain intra-site variability in 

these data while not biasing results from 

the sites with greater numbers of 

sampling points. 

2. EPA is considering using the 

latitude and longitude data (obtained 

from additional information sources 

discussed in Section V) to estimate the 

distances from CCR waste management 

units to human and ecological receptors. 

EPA is considering updating its 

estimated distances to groundwater 

wells based on modeled population 

estimates discussed in the Agency’s RIA 

for the proposed rule. Further 

documentation and the modeled 

population estimates based on 

synthesized population data sets are 

accessible at: ftp://ftp.epa.gov/coalcombustion-residues/NODA-1. 

3. EPA is considering updating the 

estimated distances from CCR waste 

management units to the nearest surface 

water bodies, based on the new latitude 

and longitude data (obtained from 

additional information sources 

discussed in Section V). 

4. EPA is considering modeling both 

landfills and surface impoundments 

throughout the operational life of the 

waste management unit and postclosure using the same modeling 

approach utilized in the 2010 Risk 

Assessment. 

5. EPA is considering revisiting its 

screening assessment based on the new 

data and analyses above. EPA is also 

considering the use of the peer reviewed 

models, AERSCREEN and AERMOD, to 

evaluate fugitive dust (http:// 

www.epa.gov/ttn/scram/ 

dispersion_prefrec.htm#aermod). 

Depending on screening results, EPA 

may consider CCR fugitive dust and 

other above-ground exposure pathways 

from the open CCR waste management 

units for further modeling. 

Dated: September 30, 2011. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

[FR Doc. 2011–26086 Filed 10–11–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[PS Docket No. 11–153; PS Docket No. 10– 

255; FCC 11–134] 

Facilitating the Deployment of Text-to911 and Other Next Generation 911 

Applications; Framework for Next 

Generation 911 Deployment 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission seeks to accelerate the 

development and deployment of Next 

Generation 911 (NG911) technology that 

will enable the public to send 

emergency communications to 911 

Public Safety Answering Points (PSAPs) 

via text, photos, videos, and data and 

enhance the information available to 

PSAPs and first responders for assessing 

and responding to emergencies. This 

Notice of Proposed Rulemaking seeks 

comment on a variety of issues related 

to the short-term and long-term 

transition to NG911. 

DATES: Submit comments on or before 

December 12, 2011. Submit reply 

comments on or before January 10, 

2012. 

ADDRESSES: You may submit comments, 

identified by PS Docket No. 11–153 

and/or PS Docket No. 10–255, by any of 

the following methods: 

• Federal Communications 

Commission’s Web Site: http:// 

fjallfoss.fcc.gov/ecfs2/. Follow 

instructions for submitting comments. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 202– 

418–0432. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Donovan, Attorney Advisor, 

(202) 418–2413. For additional 

information concerning the Paperwork 

Reduction Act information collection 

requirements contained in this 

document, contact Judith BoleyHerman, (202) 418–0214, or send an 

e-mail to PRA@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rulemaking (NPRM) in PS 

Docket No. 11–153, PS Docket No. 10– 

255, FCC 11–134, released on 

September 22, 2011. The full text of this 

document is available for public 

inspection during regular business 

hours in the FCC Reference Center, 

Room CY–A257, 445 12th Street, SW., 

Washington, DC 20554, or online at 

http://transition.fcc.gov/pshs/services/ 

911-services/. 

I. Introduction and Executive Summary 

1. In the Notice of Proposed 

Rulemaking, we seek to accelerate the 

development and deployment of Next 

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