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[Federal Register: July 15, 2010 (Volume 75, Number 135)]
[Proposed Rules]               
[Page 41121-41123]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy10-23]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 257, 261, 264, 265, 268, 271 and 302

[EPA-HQ-RCRA-2009-0640; FRL-9175-4]
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: Announcement of 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. Given the 
significant public interest in this proposed rule and to further public 
participation opportunities, EPA is announcing five public hearings to 
be held in cities across the United States. The hearings will provide 
the public with an opportunity to present data, views or arguments 
concerning the proposed rule. The public hearings will take place in 
Arlington, Virginia; Denver, Colorado; Dallas, Texas; Charlotte, North 
Carolina; and Chicago, Illinois.

DATES: A public hearing will be conducted in Arlington, Virginia, on 
August 30, 2010; Denver, Colorado, on

[[Page 41122]]

September 2, 2010; Dallas, Texas, on September 8, 2010; Charlotte, 
North Carolina, on September 14, 2010; and Chicago, Illinois, on 
September 16, 2010. Persons who wish to present oral testimony at one 
or more of the public hearings must preregister at least three business 
days prior to the hearing. The last day to preregister will be August 
25, 2010, for the Arlington, Virginia, public hearing; August 30, 2010, 
for the Denver, Colorado, public hearing; September 2, 2010, for the 
Dallas, Texas, public hearing; September 9, 2010, for the Charlotte, 
North Carolina, public hearing; and September 13, 2010, for the 
Chicago, Illinois, public hearing. The preregistration cut-off time is 
5 p.m. Eastern Daylight Time (EDT) on the final day of preregistration 
for the five public hearings. See SUPPLEMENTARY INFORMATION for 
information on how to register.

ADDRESSES: The public hearings will be held at the following locations:

Arlington, VA--August 30, 2010, Hyatt Regency, 2799 Jefferson Davis 
Highway, Arlington, VA 22202, Phone: (703) 418-1234, http://www.crystalcity.hyatt.com.
Denver, CO--September 2, 2010, Grand Hyatt, 1750 Welton Street, Denver, 
CO 80202, Phone: (303) 295-1234, http://www.granddenver.hyatt.com.
Dallas, TX--September 8, 2010, Hyatt Regency Dallas, 300 Reunion 
Boulevard, Dallas, TX 75207, Phone: (214) 651-1234, http://www.dallasregency.hyatt.com.
Charlotte, NC--September 14, 2010, Holiday Inn Charlotte (Airport), 
2707 Little Rock Road, Charlotte, NC 28214, Phone: (704) 394-4301, 
http://www.hicharlotteairport.com.
Chicago, IL--September 16, 2010, Hilton Chicago, 720 South Michigan 
Avenue, Chicago, IL 60605, Phone: (312) 922-4400, http://www.chicagohilton.com/hotels__hiltonchicago.aspx.

    For additional details on the public hearings please see 
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning the 
public hearing, 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: robinson.bonnie@epa.gov 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 eby.elaine@epa.gov. Questions concerning the proposed rule 
should be addressed to. Alexander Livnat, Office of Resource 
Conservation and Recovery, U.S. Environmental Protection Agency, 5304P; 
1200 Pennsylvania Ave., NW., Washington DC 20460, telephone number: 
(703) 308-7251, e-mail address: livnat.alexander@epa.gov, or Steve 
Souders, Office of Resource Conservation and Recovery, U.S. 
Environmental Protection Agency, 5304P; 1200 Pennsylvania Ave., NW., 
Washington DC 20460, telephone number: (703) 308-8431, e-mail address: 
souders.steve@epa.gov.

SUPPLEMENTARY INFORMATION: The proposed rule was published in the 
Federal Register on June 21, 2010 (75 FR 35128). Additional information 
on the proposed rule can be found at http://www.epa.gov/coalashrule. 
(Note: The Agency will shortly be publishing in the Federal Register 
several administrative corrections that are needed to the June 21, 2010 
print publication of the proposed rule. An unofficial pre-publication 
version of the corrected proposed rule and a summary of the 
administrative corrections made to the rule is available at http://www.epa.gov/coalashrule in the meantime.)
    On June 21, 2010, EPA proposed to establish regulatory requirements 
applicable to the disposal of coal combustion residuals, commonly known 
as coal ash, generated from the combustion of coal at electric 
utilities and by independent power producers. These regulations were 
proposed under the authority of sections 1008(a), 2002(a), 3001, 3004, 
3005, and 4004 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), 42 U.S.C. 
6907(a), 6912(a), 6921,6924, 6925 and 6944. These statutes, combined, 
are commonly referred to as ``RCRA.'' Several of these statutory 
provisions require that EPA offer the public an ``opportunity for a 
hearing'' as part of the process for adopting a final requirement. See, 
e.g., 42 U.S.C. 6907(a), 6921(b)(1)(C)(3)(C).
    To date, EPA has received a submission requesting multiple hearings 
on the proposed rule, and given the significant public interest in this 
rule, EPA is announcing five public hearings to be held in cities 
across the United States. The public hearings will provide interested 
parties the opportunity to present data, views, or arguments concerning 
the proposed rule. EPA may ask clarifying questions during the oral 
presentations, but will not respond formally to any comments or the 
presentations made.
    Each public hearing will consist of three sessions, a morning 
session starting at 10 a.m. (local time) and ending at noon, an 
afternoon session starting at 1 p.m., and ending at 5 p.m., and an 
evening session beginning at 6:30 and ending at 9 p.m. or later, if 
necessary, depending on the number of speakers that preregister for the 
hearing.
    If you would like to present oral testimony at the hearing, please 
preregister at the following Web site: http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/ccr-rule/ccr-form.htm. If you would 
like to present oral testimony and are unable to preregister at this 
Web site, please contact either Bonnie Robinson or Elaine Eby at the 
addresses given above under FOR FURTHER INFORMATION CONTACT prior to 
the close of the preregistration period. Note that you only need to 
preregister if you wish to present oral testimony. That is, you do not 
have to preregister in order to observe the public hearing or to submit 
only a written statement (see below). The Agency encourages, however, 
all persons planning to attend one or more of the public hearings to 
preregister for it, which will facilitate the planning of the event. As 
noted above, preregistration closes at 5 p.m. EDT three business days 
prior to each public hearing. If you do not preregister by the deadline 
and wish to provide oral testimony, EPA may allow, if time permits, 
some or all unregistered persons to present oral testimony at the 
public hearing. EPA will consider such requests on a first-come, first-
served basis on the day of the public hearing, according to the time 
available.
    If you wish to submit only a written statement at the public 
hearing (that is, you do not want to present oral testimony), EPA 
officials will accept such written statements at the morning, 
afternoon, and evening sessions. EPA will place such statements in the 
docket to the rulemaking and will consider your statement as part of 
the rulemaking record. You do not need to preregister for the hearing 
if you wish only to submit a written statement; however, as previously 
stated, preregistration is encouraged.
    Oral testimony will be limited to 3 minutes for each person to 
address the proposed rule. We will not be providing equipment for 
persons to show overhead slides or make computerized slide 
presentations. EPA encourages each person to provide two copies of

[[Page 41123]]

their oral testimony either electronically or computer disk, CD-ROM, or 
paper copy at the public hearing. Verbatim transcripts of the public 
hearings and written statements will be included in the docket to this 
rulemaking.
    Any person needing special accommodations at the public hearings, 
including wheelchair access or sign language translation, should 
contact Bonnie Robinson or Elaine Eby at the addresses given above 
under FOR FURTHER INFORMATION CONTACT at least five business days in 
advance of the public hearing.
    Finally, in addition to today's public hearing announcement, EPA 
will be maintaining a Web site providing the most up-to-date 
information on these public hearings. See http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/ccr-rule/ccr-hearing.htm. Those 
persons planning to participate in the public hearing process, either 
by providing oral testimony or observing the hearing, are urged to 
visit this Web site at least two days prior to the date of the each 
public hearing to determine if there are any relevant announcements or 
changes related to the hearing.

    Dated: July 8, 2010.
Suzanne Rudzinski,
Acting Director, Office of Resource Conservation and Recovery.
[FR Doc. 2010-17143 Filed 7-14-10; 8:45 am]
BILLING CODE 6560-50-P
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