UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

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~ MA R 1 R :lOJS 

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. 

OFFICE OF 

SOLID WASTE AND EMERGENCY 

RESPONSE 

MEMORANDUM i i 

SUBJECT: 

FROM: 

THRU: 

TO: 

' 

Correction of Inadvertent Errors in the Disposal of Coal Combustion Residuals 

from Electric Utilities (Tier 1; SAN 4470; RIN 2050-AE81) 

Mathy 

Assistant 

Stanislaus 

Administrator 

(5101T~ • ...,, ""(1 ~ 

Joel 

Office 

Beauvais 

of Policy (1 A ~ 

~~ 

MaryKayL 

Office of General Counsel (2366A) 

Gina McCarthy (1 lOIA) 

Administrator 

We recommend making six changes to the Coal Combustion Residuals Final Rule that was 

signed on December 19, 2014, but has not yet been published in the Federal Register. These 

changes insert regulatory text in instances in which it was inadvertently omitted from the final 

rule, make minor revisions to correct inadvertent errors, correct potentially confusing cross 

references, and clarify preamble language. This memorandum is submitted per OGC and OP 

guidance on changes to rule language after the rule has been signed by the Administrator but 

before it has been published in the Federal Register. 1 

1. Insertion of regulatory language to clarify the requirement that a facility must post all 

groundwater monitoring results on the facility's publicly accessible internet site. 

First, regulatory language needs to be inserted to conform the regulatory text with the preamble 

to require all groundwater monitoring results be posted on the facility's publicly accessible 

internet site. The preamble discussion is very clear that all groundwater monitoring data are to 

be made available on the publicly accessible internet site. 

For example, on page 115 of the prepublication version of the preamble to the final rule: 

It is more consistent with EPA's obligations under RCRA to put in place the additional 

protections that, based on the information currently available, are needed to protect health 

1 Memorandum from Ann Klee, General Counsel, and Brian Mannix, Associate Administrator for the Office of 

Policy, Economics and Innovation, Changes to Rule Documents Prepared/or the Administrator's Signature, July 

25, 2006. 

1 
and the environment. As part of those requirements, EPA has developed a number of 

provisions designed to facilitate citizens to enforce the rule pursuant to RCRA section 

7002. Chief among these is the requirement to publicly post monitoring data, along with 

critical documentation o_f facility operations, so that the public will have access to the 

information to monitor activities at CCR disposal facilities. (italics added) 

In addition, on page 129 of the pre-publication version of the preamble to the final rule: 

As repeatedly discussed throughout this preamble, under section 4004(a) EPA must be 

able to demonstrate, based on the record available at the time the rule is promulgated that 

the final rule provisions will achieve the statutory standard. EPA explained in the 

proposal that a key component of EPA's support for determining that the rule achieves 

the statutory standard is the existence of a mechanism for states and citizens to monitor 

the situation, such as when groundwater monitoring shows evidence of potential 

contamination, so that they can determine when intervention is appropriate. The 

existence of effective oversight measures provides critical support for the statutory 

finding, particularly with respect to some of the more flexible alternatives EPA has 

adopted in certain of the technical standards in response to commenters' requests for 

greater flexibility. These "transparency" requirements serve as a key component by 

ensuring that the entities primarily responsible for enforcing the requirements have 

access to the information necessary to determine whether enforcement is warranted 

Unlike a federal or state regulatory authority, private citizens cannot access a private 

facility to conduct inspections. (italics added) 

Finally, on page 351 of the pre-publication version of the preamble to the final rule: 

Consistent with the proposal, the final rule also requires that the owner or operator of the 

CCR facility annually certify that each CCR unit is in compliance with the groundwater 

monitoring and corrective action provisions and provide a copy of this certification to the 

State Director. Because this is a self-implementing rule that relies on citizen enforcement, 

it is important for the owner or operator of the facility to periodically document that they 

are in compliance with the existing groundwater monitoring requirements, and an annual 

certification is the easiest and most effective way to achieve this. While the groundwater 

monitoring data will be made available on the owner or operator's publicly accessible 

website and in the operating record of the facility, the analysis of these data is 

complicated and requires a certain level of scientific expertise to analyze the data 

correctly. (italics added) 

Nevertheless, the conforming text was inadvertently omitted from the rule. We recommend 

adding the phase, "in addition to all the monitoring data obtained under §§257.90-257.98" to the 

regulatory text at 40 CFR 257. 90( e ). The regulatory text will clearly reflect EPA' s stated 

position as reflected throughout the preamble to the final rule. 

2. Insertion of the word "coal" in the definition of a CCR landfill. 

Secondly, as written, all underground and surface mines are excluded from the definition of CCR 

landfill, when it was clear that we intended to exclude only coal mines. The word "coal", 

2 
therefore, needs to be added to the definition of"CCR landfill" at 40 CFR 257.2 and 257.53. 

The Scope and Purpose section of the final rule [40 CFR 257.50(h)] states that "This subpart 

does not apply to CCR placement at active or abandoned underground or surface coal mines." 

Further, EPA made its intention clear in many places in the preamble, particularly on page 194 of 

the pre-publication version of the final rule which states: 

Several commenters also suggested that the definition of a CCR landfill should explicitly 

exclude the use of CCR at surface coal mining and reclamation operations to reflect the 

Agency's intention not to cover such activities. The Agency agrees and has revised the 

definition to explicitly provide that the term CCR landfill does not include the use of CCR 

at coal mining and reclamation operations. (italics added) 

The addition of the word "coal" to the definition of "CCR landfill" will make the definition 

consistent with EPA' s stated intent. 

3. Insertion of regulatory text to make it clear that CCR surface impoundments may either 

retrofit with a composite liner or close. 

Third, regulatory language is needed to eliminate an inconsistency between the regulatory text 

and preamble statements regarding the option for facilities to retrofit or close an existing CCR 

surface impoundment. The preamble is clear that such facilities have the option to retrofit or 

close the unit; however, the regulatory text does not explicitly provide for the retrofit option. 

For example, on page 386 of the prepublication version of the preamble to the final rule: 

If corrective action is triggered, within three months the owner or operator must initiate 

an assessment of corrective measures. If the CCR unit is an unlined surface 

impoundment, the unit must also initiate closure or begin to retrofit the unit. The owner 

or operator could also simultaneously use these 3 months to demonstrate that the 

statistically significant increase found during assessment monitoring was due to another 

source or sampling and analysis error. (italics added) 

On page 458 of the prepublication version of the preamble, the Agency specifies what is meant 

by retrofit of an unlined CCR surface impoundment, specifically, the removal of all CCR from 

the unit followed by the installation of a composite liner: 

... In the final rule, EPA is allowing unlined CCR surface impoundments to continue to 

operate for the remainder of the active life, provided that the facility documents through 

groundwater monitoring that the CCR surface impoundment is not contaminating 

groundwater. However, if groundwater monitoring at the facility demonstrates that the 

unlined CCR surface impoundment has exceeded any groundwater protection standard, 

the owner or operator must initiate corrective action, and either remove all CCR from the 

unit and install a composite liner (i.e., "retrofit") or close within five years. In a 

departure from the proposed rule, CCR surface impoundments less than 40 acres may 

receive one two-year extension, providing for a maximum of seven years to complete 

closure. Units greater than 40 acres may receive up to five two-year extensions providing 

a maximum of 15 years to complete closure. These units are also eligible for alternative 

closure timeframes to account for site specific operational constraints. (italics added) 

3 
It is therefore necessary to rename 40 CFR 257.102 to include "retrofit" and to add paragraph (k) 

"Criteria to retrofit an existing CCR surface impoundment" to 40 CFR 257 .102. In addition, it is 

necessary to make conforming changes to add a definition of retrofit, and the appropriate 

recordkeeping, notification, and internet posting requirements. As a result of these suggested 

changes, the regulatory text will clearly reflect EPA's stated position in the preamble that surface 

impoundments have the option to retrofit or close. 

4. Minor revisions to paragraphs specifying requirements that apply when a deficiency or 

release from a CCR unit is identified during a structural stability assessment or annual 

inspection. 

Fourth, minor revisions are necessary in a number of rule paragraphs that specify the 

requirements that apply when a deficiency of or release from a CCR unit is identified during a 

structural stability assessment or annual inspection. The final rule clearly requires that the owner 

or operator of the CCR unit remedy the deficiency or release as soon as feasible; however, the 

associated recordkeeping, notification and internet website requirements require the preparation 

and making publicly available of an "action plan." Since an "action plan" is not required, this 

requirement should be removed from the recordkeeping, notification, and internet website 

requirements and replaced with language to require that both the deficiency or release and the 

"documentation of corrective measures taken" be made available to the public. The rule sections 

affected by this change in 40 CFR 257.73, 257.74, 257.83, 257.84, 257.105, 257.106, and 

257.107. 

5. Deletion of potentially confusing cross references to timeframes for completing closure. 

Fifth, the regulatory text contains cross references to the required timeframes for completing the 

closure of CCR surface impoundments. The cross references point only to two of the 

circumstances where closure must be initiated and not the third. To avoid any possible 

confusion, we recommend deleting any such cross references. Specifically, it is optimal to strike 

the existing regulatory reference to "conducted pursuant to either paragraph ( e )(1) or ( e )(2) of 

this section." This revision would apply both to 40 CFR 257.102(f)(l)(i) and (ii). 

6. Minor revision to the Preamble to clarify that lead does not have an MCL. 

Finally, we inadvertently omitted lead from the discussion of constituents on Appendix IV that 

do not have a maximum contaminant level (MCL). Lead does not have an MCL and therefore 

should be mentioned along with cobalt, lithium and molybdenum. The groundwater protection 

standards for lead will therefore be the same as for all other constituents without MCLs, i.e., 

background level(s). No changes are required in the regulatory text. 

Upon your approval of these corrections, we will make these revisions prior to publication of the 

rule in the Federal Register. Please let me know if you have any questions about these proposed 

corrections. 

4 
I approve the following corrections (additional text is shown in italics, deleted text in strike out) 

to the Coal Combustion Residuals Final Rule. 

The attachment to this memorandum contains the pages with the regulatory and preamble 

corrections as described in the following paragraphs. These corrections in the attachment appear 

in redline and strikeout. The page numbers in parentheses indicate the page numbers on which 

the corrections are found. 

At 40 CFR 257.90(e): 

(3) In addition to all the monitoring data obtained under §§257.90-257.98, a A summary 

including the number of groundwater samples that were collected for analysis for each 

background and downgradient well, the dates the samples were collected, and whether the 

sample was required by the detection monitoring or assessment monitoring programs; (Page 

669) 

At 40 CFR 257.2: 

CCR landfill or landfill means an area of land or an excavation that receives CCR and which is 

not a surface impoundment, an underground injection well, a salt dome formation, a salt bed 

formation, an underground or surface coal mine, or a cave. For purposes of this subpart, a CCR 

landfill also includes sand and gravel pits and quarries that receive CCR, CCR piles, and any 

practice that does not meet the definition of a beneficial use of CCR. (Page 603) 

At 40 CFR 257.53: 

CCR landfill or landfill means an area of land or an excavation that receives CCR and which is 

not a surface impoundment, an underground injection well, a salt dome formation, a salt bed 

formation, an underground or surface coal mine, or a cave. For purposes of this subpart, a CCR 

landfill also includes sand and gravel pits and quarries that receive CCR, CCR piles, and any 

practice that does not meet the definition of a beneficial use of CCR. (Page 610) 

At 40 CFR 257.53 Definitions 

Retrofit means to remove all CCR and contaminated soils and sediments from the CCR surface 

impoundment, and to ensure the unit complies with the requirements in§ 257. 72. (Page 618) 

At 40 CFR 257. lOl(a)(l): 

§ 257.101 Closure or retrofit of CCR units leedfills eed CCR suFfeee impeuedmeets. 

(a) The owner or operator of an existing unlined CCR surface impoundment, as determined 

under§ 257.71(a), is subject to the requirements of paragraph (a)(l) of this section. 

(1) Except as provided by paragraph (a)(3) of this section, if at any time after [INSERT 

DATE 6 MONTHS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER] 

an owner or operator of an existing unlined CCR surface impoundment determines in any 

sampling event that the concentrations of one or more constituents listed in appendix IV to this 

part are detected at statistically significant levels above the groundwater protection standard 

established under§ 257.95(h) for such CCR unit, within six months of making such 

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determination, the owner or operator of the existing unlined CCR surface impoundment must 

cease placing CCR and noneCCR waste streams into such CCR surface impoundment and either 

retrofit or close the CCR unit in accordance with the requirements of§ 257 .102. 

(2) An owner or operator of an existing unlined CCR surface impoundment that closes in 

accordance with paragraph (a)(l) of this section must include a statement in the notification 

required under§ 257.102(g) or (k)(5) that the CCR surface impoundment is closing or 

retrofitting under the requirements of paragraph (a)(l) of this section. 

(3) The timeframe specified in paragraph (a)(l) of this section does not apply if the owner or 

operator complies with the alternative closure procedures specified in § 257 .103. 

( 4) At any time after the initiation of closure under paragraph (a)(l) of this section, the 

owner or operator may cease closure activities and initiate a retrofit of the CCR unit in 

accordance with the requirements of §257.102(k). 

(Page 698-99) 

At 40 CFR 257.102 

§ 257.102 Criteria for condu.cting the closure or retrofit of CCR units landfills and CCR 

suFfeee impoundments. 

(a) Closure of a CCR landfill, CCR surface impoundment, or any lateral expansion of a CCR 

unit must be completed either by leaving the CCR in place and installing a final cover system or 

through removal of the CCR and decontamination of the CCR unit, as described in paragraphs 

(b) through (j) of this section. Retrofit of a CCR surface impoundment must be completed in 

accordance with the requirements in paragraph (k) of this section. (Page 701) 

(k) Criteria to retrofit an existing CCR surface impoundment. (1) To retrofit and existing 

CCR surface impoundment, the owner or operator must: 

(i) First remove all CCR, including any contaminated soils and sediments from the CCR 

unit; and 

(ii) Comply with the requirements in§ 257. 72. 

(iii) A CCR surface impoundment undergoing a retrofit remains subject to all other 

requirements of this subpart, including the requirement to conduct any necessary corrective 

action. 

(2) Written Retrofit Plan. (i) Content of the plan. The owner or operator must prepare a 

written retrofit plan that describes the steps necessary to retrofit the CCR unit consistent with 

recognized and generally accepted good engineering practices. The written retrofit plan must 

include, at a minimum, all of the following information: 

(A) A narrative description of the specific measures that will be taken to retrofit the CCR unit 

in accordance with this section. 

(B) A description of the procedures to remove all CCR and contaminated soils and sediments 

from the CCR unit. 

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(C) An estimate of the maximum amount of CCR that will be removed as part of the retrofit 

operation. 

(D) An estimate of the largest area of the CCR unit that will be affected by the retrofit 

operation. 

(E) A schedule for completing all activities necessary to satisfy the retrofit criteria in this 

section, including an estimate of the year in which retrofit activities of the CCR unit will be 

completed. 

(ii) Time-frames (or preparing the initial written retrofit plan. (A) No later than 60 days prior 

to date of initiating retrofit activities, the owner or operator must prepare an initial written 

retrofit plan consistent with the requirements specified in paragraph (k)(2) of this section. For 

purposes of this subpart, initiation of retrofit activities has commenced if the owner or operator 

has ceased placing waste in the unit and completes any of the following actions or activities: 

(1) Taken any steps necessary to implement the written retrofit plan; 

(2) Submitted a completed application for any required state or agency permit or permit 

modification; or 

(3) Taken any steps necessary to comply with any state or other agency standards that are a 

prerequisite, or are otherwise applicable, to initiating or completing the retrofit of a CCR unit. 

(B) The owner or operator has completed the written retrofit plan when the plan, including 

the certification required by paragraph (k)(2)(iv) of this section, has been placed in the facility 's 

operating record as required by § 257.1050)(1). 

(iii) Amendment of a written retrofit plan. (A) The owner or operator may amend the initial 

or any subsequent written retrofit plan at any time. 

(B) The owner or operator must amend the written retrofit plan whenever: 

(1) There is a change in the operation of the CCR unit that would substantially affect the 

written retrofit plan in effect; or 

(2) Before or after retrofit activities have commenced, unanticipated events necessitate a 

revision of the written retrofit plan. 

(C) The owner or operator must amend the retrofit plan at least 60 days prior to a planned 

change in the operation of the facility or CCR unit, or no later than 60 days after an 

unanticipated event requires the revision of an existing written retrofit plan. If a written retrofit 

plan is revised after retrofit activities have commenced for a CCR unit, the owner or operator 

must amend the current retrofit plan no later than 30 days following the triggering event. 

(iv) The owner or operator of the CCR unit must obtain a written certification.from a 

qualified professional engineer that the activities outlined in the written retrofit plan, including 

any amendment of the plan, meet the requirements of this section. 

(3) Deadline for completion of activities related to the retrofit ofa CCR unit. Any CCR 

surface impoundment that is being retrofitted must complete all retrofit activities within the same 

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time frames and procedures specified for the closure of a CCR surface impoundment in § 

257. 102(/) or, where applicable,§ 257.103. 

(4) Upon completion, the owner or operator must obtain a certification.from a qualified 

professional engineer verifying that the retrofit activities have been completed in accordance 

with the retrofit plan specified in paragraph (k)(2) of this section and the requirements of this 

section. 

(5) No later than the date the owner or operator initiates the retrofit of a CCR unit, the 

owner or operator must prepare a notification of intent to retrofit a CCR unit. The owner or 

operator has completed the notification when it has been placed in the facility 's operating record 

as required by§ 257.1050)(5). 

(6) Within 30 days of completing the retrofit activities specified in paragraph (k)(l) of this 

section, the owner or operator must prepare a notification of completion of retrofit activities. 

The notification must include the certification by a qualified professional engineer as required 

by paragraph (k)(4) of this section. The owner or operator has completed the notification when 

it has been placed in the facility's operating record as required by § 257.105(j)(6). 

(7) At any time after the initiation of a CCR unit retrofit, the owner or operator may cease 

the retrofit and initiate closure of the CCR unit in accordance with the requirements of§ 

257. 102. 

(8) The owner or operator of the CCR unit must comply with the retrofit recordkeeping 

requirements specified in§ 257. 1050), the retrofit notification requirements specified in § 

257. 1060), and the retrofit internet requirements specified in § 257. 1070). 

(Pages 714 - 717) 

At 40 CFR 25 7 .105 Recordkeeping Requirements 

(j) Retrofit criteria. The owner or operator of a CCR unit subject to this subpart must place 

the following information, as it becomes available, in the facility 's operating record: 

(1) The written retrofit plan, and any amendment of the plan, as required by§ 257.102(k)(2), 

except that only the most recent retrofit plan must be maintained in the facility 's operating 

record irrespective of the time requirement specified in paragraph (b) of this section. 

(2) The notification of intent that the retrofit activities will proceed in accordance with the 

alternative procedures in § 257.103. 

(3) The annual progress reports required under the alternative retrofit requirements as 

required by § 257.103. 

(4) The written demonstration(s), including the certification in § 257.102(/)(2}(iii), for a time 

extension for completing retrofit activities as required by § 257. 102(k)(3). 

(5) The notification of intent to initiate retrofit of a CCR unit as required by § 257. J 02(k)(5). 

(6) The notification of completion of retrofit activities as required by§ 25 7. 102(k)(6). 

(Pages 730-731) 

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At 40 CFR 257 .106 Notification Requirements 

(j) Retrofit criteria. The owner or operator of a CCR unit subject to this subpart must notify 

the State Director and/or appropriate Tribal authority when information has been placed in the 

operating record and on the owner or operator's publicly accessible internet site. The owner or 

operator must: 

(1) Provide notification of the availability of the written retrofit plan, and any amendment of 

the plan, specified under§ 257.105(j)(l). 

(2) Provide notification of intent to comply with the alternative retrofit requirements 

specified under § 257.105(j)(2). 

(3) The annual progress reports under the alternative retrofit requirements as required by§ 

257.105(j)(3). 

(4) Provide notification of the availability of the demonstration(s) for a time extension for 

completing retrofit activities specified under§ 257.105(j)(4). 

(5) Provide notification of intent to initiate retrofit of a CCR unit specified under§ 

257.105(j)(5). 

(6) Provide notification of completion of retrofit activities specified under§ 257.105(j)(6). 

(Pages 736-73 7) 

40 CFR 257. l 07 Publicly accessible internet site requirements 

(f) Retrofit criteria. The owner or operator of a CCR unit subject to this subpart must place 

the following information on the owner or operator's CCR website: 

(1) The written retrofit plan, and any amendment of the plan, specified under§ 

257.105(;)(1). 

(2) The notification of intent to comply with the alternative retrofit requirements as required 

by§ 257.1050)(2). 

(3) The annual progress reports under the alternative retrofit requirements as required by§ 

257.105(;)(3). 

(4) The demonstration(s) for a time extension for completing retrofit activities specified 

under§ 257.105(;)(4). 

(5) The notification of intent to retrofit a CCR unit specified under§ 257.105(j)(5). 

(6) The notification of completion of retrofit activities specified under§ 257.105(j)(6). 

(Page 742) 

At 40 CFR 257.73(d)(2) and 257.74(d)(2): 

(2) The periodic assessment described in paragraph (d)(l) of this section must identify any 

structural stability deficiencies associated with the CCR unit in addition to recommending 

corrective measures. If a deficiency or a release is identified during the periodic assessment, the 

9 
owner or operator unit must remedy the deficiency or release as soon as feasible and prepare 

documentation detailing the corrective measures taken. 

(Pages 642 and 651) 

At 40 CFR 257.83(b)(5) and 257.84(b)(5): 

(5) If a deficiency or release is identified during an inspection, the owner or operator must 

remedy the deficiency or release as soon as feasible and prepare documentation detailing the 

corrective measures taken. 

(Pages 664 and 667) 

At 40 CFR 257.105(f)(l 1) and (g)(7): 

(f) Design criteria. The owner or operator of a CCR unit subject to this subpart must place the 

following information, as it becomes available, in the facility's operating record: 

( 11) The action plan Documentation detailing the corrective measures taken to remedy structural 

stability deficiencies the deficiency or release as required by§§ 257.73(d)(2) and 257.74(d)(2). 

(g) Operating criteria. The owner or operator of a CCR unit subject to this subpart must place the 

following information, as it becomes available, in the facility's operating record: 

(7) The action plan Documentation detailing the corrective measures taken to remedy the 

deficiency or release as required by§§ 257.83(b)(5) and 257.84(b)(5). 

(Pages 726 and 727) 

At 40 CFR 257.106(f)C10) and (g)(6): 

(f) Design criteria. The owner or operator of a CCR unit subject to this subpart must notify the 

State Director and/or appropriate Tribal authority when information has been placed in the 

operating record and on the owner or operator's publicly accessible internet site. The owner or 

operator must: 

(10) Provide notification of the availability of the aetion plan documentation detailing the 

corrective measures taken to remedy struetlH'al stability defieieHeies the deficiency or release 

specified under§ 257.105(f)(ll). 

(g) Operating criteria. The owner or operator of a CCR unit subject to this subpart must notify 

the State Director and/or appropriate Tribal authority when information has been placed in the 

operating record and on the owner or operator's publicly accessible internet site. The owner or 

operator must: 

(6) Provide notification of the availability of the aetion plan documentation detailing the 

corrective measures taken to remedy the deficiency or release specified under § 257 .105(g)(7). 

(Pages 733 and 734) 

10 
At 40 CFR 257.107(0(10) and (g)(6): 

(f) Design criteria. The owner or operator of a CCR unit subject to this subpart must place the 

following information on the owner or operator's CCR website: 

(10) The actioe. plan documentation detailing the corrective measures taken to remedy structural 

stability deficiee.cies the deficiency or release specified under § 257 .105(f)( 11 ). 

(g) Operating criteria. The owner or operator of a CCR unit subject to this subpart must place the 

following information on the owner or operator's CCR website: 

(6) The actioe. plan documentation detailing the corrective measures taken to remedy the 

deficiency or release specified under§ 257.105(g)(7). 

(Page 739) 

At 40 CFR 257. l 02(0: 

(f) Completion of closure activities. (1) Except as provided for in paragraph (f)(2) of this section, 

the owner or operator must complete closure of the CCR unit: 

(i) For existing and new CCR landfills and any lateral expansion of a CCR landfill, within six 

months of commencing closure activities. pursuant to either paragraph (e)(l) or (e)(2) of this 

sectioe.. 

(ii) For existing and new CCR surface impoundments and any lateral expansion of a CCR 

surface impoundment, within five years of commencing closure activities. pursuant to eitlier 

paragraph (e)(l) or (e)(2) of this sectioe.. 

(Page 710) 

Preamble Modifications 

On page 3 70 of the pre-publication version of the preamble to the final rule, insert the word 

"lead" in two places. 

For each Appendix IV constituent that is detected, a ground water protection standard 

must be set. The groundwater protection standards must be the MCL or the background 

concentration level for the detected constituent, whichever is higher. If there is no MCL 

promulgated for a detected constituent, then the groundwater protection standard must be set at 

background. The proposed rule would have allowed the owner or operator to establish an 

alternative groundwater protection standard for constituents for which MCLs have not been 

established provided that the alternative groundwater protection standard has been certified by an 

independent registered professional engineer and the state has been notified that the alternative 

groundwater protection standard has been placed in the operating record and on the owner's or 

operator's publicly accessible internet site. This provision had been adopted from the part 258 

regulations, but was determined to be inappropriate in a self-implementing rule, as it was 

unlikely that a facility would have the scientific expertise necessary to conduct a risk assessment, 

and was too susceptible to potential abuse. Additionally, numerous comments were received 

suggesting that only those constituents with MCLs be included in Appendix IV. The 

11 
comm.enters were concerned that only MCLs are enforceable. With the exception of cobalt, 

lead, lithium and molybdenum (included on Appendix IV because of their relevance in the risk 

assessment and damage cases), all Appendix IV constituents have an MCL. In the proposed rule, 

as stated above, owner or operators were allowed to establish certain types of alternative 

groundwater protection standards. In the final rule, if a constituent has no MCL (i.e., cobalt, 

lead, lithium and molybdenum), their groundwater protection standards will be their background 

levels. These background standards are sufficiently precise that they are enforceable. 

(Page 370) 

I approve the corrections listed above to the Coal Combustion Residuals Final Rule: 

Gi~ MAR 2 0 2015 

Administrator 

Attachment 

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