Notice of Data Availability – Disposal of Coal Combustion Residuals from Electric Utilities; Reconsideration of Beneficial Use Criteria and Piles
EPA reopened the comment period on the availability of new information and data pertaining to the agency’s August 14, 2019 proposed rule (volume 84 of the Federal Register starting on page 40353) for an additional 60 days, until May 11, 2021.
EPA announced the availability of new information and data pertaining to the agency’s August 14, 2019 proposed rule. The new information and data were received during the comment period on the August 2019 proposed rule and in follow-up meetings held with interested parties between the end of May 2020 and August 2020. EPA requested public comment on whether this additional information may inform the agency's reconsideration of the beneficial use definition and provisions for coal combustion residuals (CCR or coal ash) accumulations. EPA accepted additional information and data from the public that may further help inform the agency’s reconsideration of the beneficial use definition and provisions for CCR accumulations, such as:
- Information on how coal ash is beneficially used that can help the agency distinguish among the different types of beneficial use applications.
- Information on the management of coal ash at each point in its distribution system.
- Information on federal, state and local program provisions and regulations related to beneficial use and CCR accumulations.
In the Federal Register notice, EPA uses the phrase “CCR accumulations” to capture any and all such accumulations, including those with CCR destined for beneficial use or disposal, and those that constitute disposal (such as a “CCR pile or pile” as defined in Title 40 of the Code of Federal Regulations in Section 257.53). In the 2019 proposed rule, EPA referred to such accumulations as piles of CCR.
EPA requested comment only on those two issues. EPA did not reopen any other aspect of the proposal, the CCR regulations, or the underlying support documents that were previously available for comment. Comments were originally received on or before February 22, 2021.