[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Proposed Rules]
[Pages 14066-14067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05246]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 257

[EPA-HQ-OLEM-2020-0463; FRL-10021-05-OLEM]


Hazardous and Solid Waste Management System: Disposal of Coal 
Combustion Residuals From Electric Utilities; Reconsideration of 
Beneficial Use Criteria and Piles; Notification of Data Availability; 
Reopening of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of data availability; request for 
comment; reopening of comment period.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA or the Agency) is 
reopening the comment period on the notice of data availability for its 
reconsideration of the beneficial use criteria and provisions for piles 
of coal combustion residuals (CCR). The original notice of data 
availability was published on December 22, 2020 with a 60-day public 
comment period closing February 22, 2021. With this notice, EPA is 
reopening the public comment period for an additional 60 days, from 
March 12, 2021 to May 11, 2021.

DATES: Comments must be received on or before May 11, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OLEM-2020-0463. Follow the detailed instructions provided 
under ADDRESSES in the Federal Register document of December 22, 2020 
(85 FR 83478). Out of an abundance of caution for members of the public 
and our staff, the EPA Docket Center and Reading Room are closed to the 
public, with limited exceptions, to reduce the risk of transmitting 
COVID-19. Our Docket Center staff will continue to provide remote 
customer service via email, phone, and webform. We encourage the public 
to submit comments via https://www.regulations.gov/ or email, as there 
may be a delay in processing mail and faxes. Hand deliveries and 
couriers may be received by scheduled appointment only. For further 
information on EPA Docket Center services and the current status, 
please visit us online at https://www.epa.gov/dockets. If you have 
questions, consult the technical person listed under FOR FURTHER 
INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Rita Chow, Office of Resource 
Conservation and Recovery, Resource Conservation and Sustainability 
Division, Environmental Protection Agency, 1200 Pennsylvania Avenue NW, 
MC: 5306P, Washington, DC 20460; telephone number: (703) 308-6158; 
email address: chow.rita@epa.gov. For more information on this action 
please visit https://www.epa.gov/coalash.

SUPPLEMENTARY INFORMATION: In the April 17, 2015 Disposal of Coal 
Combustion Residuals from Electric Utilities final rule, EPA 
established national criteria for CCR landfills and surface 
impoundments. The final rule also established a beneficial use 
definition to distinguish legitimate beneficial use from disposal and

[[Page 14067]]

provided requirements for the management of piles of CCR. These 
specific provisions of the 2015 rule were remanded back to EPA on 
August 21, 2018, by the U.S. Court of Appeals for the District of 
Columbia Circuit. To help reconsider these remanded provisions most 
recently, on December 22, 2020, EPA published a Notice of Data 
Availability (NODA). See 85 FR 83478. In the NODA, EPA provided public 
notice of the new information and data the Agency obtained since these 
provisions were remanded. The new information and data were included in 
the NODA's docket at EPA-HQ-OLEM-2020-0463. In the NODA, EPA sought 
public comment on whether these new information and data should inform 
the Agency's reconsideration of the remanded provisions. Furthermore, 
EPA solicited additional information and data from the public that may 
further help inform the Agency's reconsideration of the remanded 
provisions.
    The comment period ended on February 22, 2021. On February 15, 
2021, Earthjustice formally requested an additional 60 days to review 
the NODA and the information in the docket for the NODA; consider the 
Agency's request for information; and, develop and submit comments. 
Earthjustice's request has been included in the NODA's docket. In its 
request, Earthjustice stated that the large volume of documents in the 
docket requiring review, the scope of additional information being 
requested by EPA, and the timeline conflict with the development of 
submissions for the Legacy Impoundment advance notice of proposed 
rulemaking (85 FR 65015 October 14, 2020), which closed on February 12, 
2021, impeded development of comprehensive responses to the NODA 
request. Earthjustice stated that additional time will result in the 
Agency receiving more robust data and information submissions from 
Earthjustice and other environmental organizations. Following this 
request from Earthjustice, EPA has decided to reopen the comment period 
for 60 days, from March 12, 2021 to May 11, 2021.

List of Subjects in 40 CFR Part 257

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

    Dated: March 9, 2021.
Carolyn Hoskinson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2021-05246 Filed 3-11-21; 8:45 am]
BILLING CODE 6560-50-P


