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[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Proposed Rules]
[Pages 4707-4708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00847]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 257

[EPA-HQ-OLEM-2020-0107; FRL-7814.1-03-OLEM]
RIN 2050-AH34

Hazardous and Solid Waste Management System: Disposal of Coal 
Combustion Residuals From Electric Utilities; Legacy CCR Surface 
Impoundments; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is 
proposing to correct errors and clarify several provisions published in 
the Federal Register on May 8, 2024. This May 8, 2024 rule (Legacy 
Final Rule) established regulatory requirements for legacy coal 
combustion residuals (CCR) surface impoundments and CCR management 
units, among other things, under the Resource Conservation and Recovery 
Act (RCRA). This proposal seeks comment on issues discussed in a direct 
final rule to correct errors and clarify in the Legacy Final Rule.

DATES: Comments must be received on or before March 17, 2025.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OLEM-2020-0107, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/ 
(our preferred method). Follow the online instructions for submitting 
comments.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Office of Land and Emergency Management (OLEM) Docket, Mail 
Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
     Hand Delivery or Courier (by scheduled appointment only): 
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution 
Avenue NW, Washington, DC 20004. The Docket Center's hours of 
operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal 
Holidays).
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received may be posted without change 
to https://www.regulations.gov/, including any personal information 
provided. For detailed instructions on sending comments and additional 
information on the rulemaking process, see the ``Public Participation'' 
heading of the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For questions concerning this 
proposal, contact Frank Behan, Office of Resource Conservation and 
Recovery, Materials Recovery and Waste Management Division, 
Environmental Protection Agency, 1200 Pennsylvania Avenue NW, MC: 
5304T, Washington, DC 20460; telephone number: (202) 566-0531; email 
address: [email protected], or Taylor Holt, Office of Resource 
Conservation and Recovery, Materials Recovery and Waste Management 
Division, Environmental Protection Agency, 1200 Pennsylvania Avenue NW, 
MC: 5304T, Washington, DC 20460; telephone number: (202) 566-1439; 
email address: [email protected]. For more information on this 
rulemaking please visit https://www.epa.gov/coalash.

SUPPLEMENTARY INFORMATION:

I. Public Participation--Written Comments

    Submit your comments, identified by Docket ID No. EPA-HQ-OLEM-2020-
0107, at https://www.regulations.gov (our preferred method), or the 
other methods identified in the ADDRESSES section. Once submitted, 
comments cannot be edited or removed from the docket. EPA may publish 
any comment received to its public docket. Do not

[[Page 4708]]

submit to EPA's docket at https://www.regulations.gov any information 
you consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

II. General Information

A. Does this action apply to me?

    This rule may be of interest to electric utilities and independent 
power producers that fall within the North American Industry 
Classification System (NAICS) code 221112. The reference to NAICS code 
221112 is not intended to be exhaustive, but rather provides a guide 
for readers regarding entities likely to be regulated by this action. 
This discussion lists the types of entities that EPA is now aware could 
potentially be regulated by this action. Other types of entities not 
described here could also be regulated. To determine whether your 
entity is regulated by this action, you should carefully examine the 
applicability criteria found in 40 CFR 257.50 of title 40 of the Code 
of Federal Regulations. If you have questions regarding the 
applicability of this action to a particular entity, consult the person 
listed in the FOR FURTHER INFORMATION CONTACT section.

B. What action is the Agency taking?

    EPA is proposing to correct errors and conform the regulatory text 
to the decisions articulated in the Legacy Final Rule published in the 
Federal Register on May 8, 2024, which established regulatory 
requirements for legacy CCR surface impoundments and CCR management 
units (CCRMU). 89 FR 38950. In addition, EPA is proposing a number of 
revisions to clarify the final requirements, such as consolidating the 
compliance deadlines for CCRMU into a single section and providing a 
deadline for the initial fugitive dust plan for CCRMU at facilities 
without a regulated unit.
    In the ``Rules and Regulations'' section of this Federal Register, 
EPA has also published a direct final rule for this same action because 
the Agency views this as a noncontroversial action and anticipates no 
adverse comment. EPA has explained the reasons for this in the preamble 
to the direct final rule. This proposed rule provides an opportunity 
for the public to comment on the issues discussed in the preamble to 
the direct final rule.
    In light of the narrow purpose of this rule to conform the 
regulatory text to the final actions described in the Legacy Final 
Rule, EPA is only soliciting comment on whether the changes in the 
direct final rule conform the text to EPA's stated intent in the Legacy 
Final Rule preamble. EPA is not reconsidering, proposing to reopen, or 
otherwise soliciting comment on any provisions of the Legacy Final Rule 
itself. For the reader's convenience, EPA has provided a background 
description of individual provisions in the Legacy Final Rule in 
several places throughout the direct final rule preamble. These 
descriptions do not reopen the underlying described provisions, but 
merely explain the context to inform the public of the basis for this 
action's technical corrections. EPA will not respond to comments 
submitted on any issues other than those specifically identified in the 
direct final rule, and such comments will not be considered part of the 
rulemaking record.
    If EPA receives no adverse comment on the corrections in the direct 
final rule, the Agency will not take further action on this proposed 
rule and the direct final rule will become effective as provided in 
that action. If EPA does receive adverse comment, EPA will publish a 
timely withdrawal in the Federal Register informing the public about 
the specific regulatory paragraph(s) or amendment(s) in the direct 
final rule that will not take effect. The corrections in the direct 
final rule that are not withdrawn will become effective on the date set 
out above. EPA will address all public comments in any subsequent final 
rule based on this proposed rule.
    EPA does not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information about commenting on this proposed rule see the 
ADDRESSES section of this document.

C. What is the Agency's authority for taking this action?

    EPA is publishing this rulemaking under the authority of sections 
1008(a)(3), 2002(a), 4004, and 4005(a), (d) 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) and the Water Infrastructure Improvements for the Nation 
(WIIN) Act of 2016, 42 U.S.C. 6907(a), 6912(a), 6944, 6945(a) and (d).

D. Where is the location of regulatory text for this proposal?

    The regulatory text for this proposal is identical to that for the 
direct final rule published in the Rules and Regulations section of 
this Federal Register. For further supplemental information, the 
detailed rationale for the proposal, and the regulatory revisions, see 
the information provided in the direct final rule published in the 
Rules and Regulations section of this Federal Register.

III. Statutory and Executive Order (E.O.) Reviews

    For a complete discussion of all of the administrative requirements 
applicable to this action, see the direct final rule in the Rules and 
Regulations section of this Federal Register.

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 257

    Environmental protection, Beneficial use, Coal combustion products, 
Coal combustion residuals, Coal combustion waste, Disposal, Hazardous 
waste, Landfill, Surface impoundment.

Jane Nishida,
Acting Administrator.
[FR Doc. 2025-00847 Filed 1-15-25; 8:45 am]
BILLING CODE 6560-50-P
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