51434 Federal Register / Vol. 75, No. 161 / Friday, August 20, 2010 / Proposed Rules 

scheduled for September 8, 2010, is 

cancelled. 

LaNita Van Dyke, 

Branch Chief, Publications and Regulations, 

Legal Processing Division, Associate Chief 

Counsel, (Procedure and Administration). 

[FR Doc. 2010–20743 Filed 8–19–10; 8:45 am] 

BILLING CODE 4830–01–P 

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. 

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 rcra-docket@

epa.gov, 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; email address: livnat.alexander@epa.gov, 

or Steve Souders, Office of Resource 

Conservation and Recovery, U.S. 

Environmental Protection Agency, 1200 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 161 / Friday, August 20, 2010 / Proposed Rules 51435 

Pennsylvania Ave., NW., Mailcode 

5304P, Washington, DC 20460; 

telephone number: (703) 308–8431; 

e-mail address: souders.steve@epa.gov. 

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; email 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. 

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] 

Subtitle C ‘‘special waste’’ Subtitle D Subtitle ‘‘D prime’’ 

A. Present Values 

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. 

B. Average Annualized Equivalent Values * 

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. 

* 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 


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51436 Federal Register / Vol. 75, No. 161 / Friday, August 20, 2010 / Proposed Rules 

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/ccrrule/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/ccrwebinar.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] 

BILLING CODE 6560–50–P 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1