[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Proposed Rules]
[Pages 63252-63257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26086]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 257, 261, 264, 265, 268, 271 and 302
[EPA-HQ-RCRA-2011-0392; FRL-9476-6]
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: Notice of Data Availability and Request for Comment.
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SUMMARY: This Notice announces and invites comment on additional
information obtained by the Environmental Protection Agency (Agency or
EPA) in conjunction with the proposed rule: Hazardous and Solid Waste
Management System: Identification and Listing of Special Wastes;
Disposal of Coal Combustion Residuals From Electric Utilities that was
published in the Federal Register on June 21, 2010 (75 FR 35127). This
information is generally categorized as: Chemical constituent data from
coal combustion residuals (CCRs); Facility and waste management unit
data; Information on additional alleged damage cases; Adequacy of State
programs; and Beneficial Use. In addition, EPA is considering a variety
of possible approaches to update and enhance the risk assessment and
the regulatory impact analysis (RIA) supporting the development of the
final rule. EPA is specifically soliciting comments on the validity and
propriety of the use of all new information, data, and potential
analyses being noticed today. The Agency is only requesting comment on
the information either specifically identified in this Notice or
located in the docket for this Notice and is not reopening any other
aspect of the proposal or the underlying support documents that were
previously available for comment. Comments submitted on any issues
other than those specifically identified in this Notice will be
considered ``late comments,'' and EPA will not respond to such
comments, nor will they be
[[Page 63253]]
considered part of the rulemaking record.
DATES: Submit comments on or before November 14, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2011-0392, by one of the following methods:
(1) http://www.regulations.gov: Follow the online instructions for
submitting comments.
(2) E-mail: Comments may be sent by electronic mail (e-mail) to
[email protected], Attention Docket ID No. EPA-HQ-RCRA-2011-0392. 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.
(3) Fax: Comments may be faxed to 202-566-9744. Attention Docket ID
No. EPA-HQ-RCRA-2011-0392.
(4) Mail: Send two copies of your comments to Hazardous and Solid
Waste Management System: Identification and Listing of Special Wastes;
Disposal of Coal Combustion Residuals From Electric Utilities: Notice
of Data Availability and Request for Comment, Environmental Protection
Agency, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC
20460. Attention Docket ID No. EPA-HQ-RCRA-2011-0392.
(5) 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: Notice of Data Availability and Request for Comment Docket,
EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington,
DC 20460. Attention Docket ID No. EPA-HQ-RCRA-2011-0392. 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-
2011-0392. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
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 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. For additional instructions on submitting
comments, go to the SUPPLEMENTARY INFORMATION section of this document.
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:
Notice of Data Availability and Request for Comment Docket, EPA/DC, EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. 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: Steve Souders, Office of Resource
Conservation and Recovery (5304P), U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460-0002,
telephone (703) 308-8431, e-mail address [email protected] or Jason
Mills, Office of Resource Conservation and Recovery (5305P), U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW,
Washington, DC 20460-0002, telephone (703) 305-9091, e-mail address
[email protected]. For more information on this rulemaking, please
visit: www.epa.gov/epawaste/nonhaz/industrial/special/fossil/ccr-rule/index.htm.
SUPPLEMENTARY INFORMATION:
I. How should I submit CBI to the agency?
Do not submit information that you consider to be CBI
electronically through http://www.regulations.gov or by e-mail. Send or
deliver information identified as CBI only to the following address:
RCRA CBI Document Control Officer, Office of Resource Conservation and
Recovery (5305P), U.S. EPA, 1200 Pennsylvania Avenue, NW., Washington,
DC 20460, Attention Docket ID No. EPA-HQ-RCRA-2011-0392. You may claim
information that you submit to EPA as CBI by marking any part or all of
that information as CBI (if you submit CBI on disk or CD-ROM, mark the
outside of the disk or CD-ROM as CBI and then identify electronically
within the disk or CD-ROM the specific information that is CBI).
Information so marked will not be disclosed, except in accordance with
procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD-ROM, mark the outside
of the disk or CD-ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please contact:
LaShan Haynes, Office of Resource Conservation and Recovery (5305P),
U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460-0002,
[[Page 63254]]
telephone (703) 605-0516, e-mail address [email protected].
II. Purpose of This Notice
With this Notice, EPA is reopening the comment period on the
proposed rule: Hazardous and Solid Waste Management System;
Identification and Listing of Special Wastes; Disposal of Coal
Combustion Residuals from Electric Utilities (75 FR 35127, June 21,
2010), herein referred to as the ``2010 proposed rule,'' for the
limited purpose of obtaining public comment on additional information
that may be relevant to the development of a final rule. Some of the
information includes data or analyses that were received during the
comment period for the 2010 proposed rule and that could have the
potential to play a role in support for decisions in the final rule. It
also includes information obtained based on further EPA research
conducted both during and after the close of the comment period, and
which was therefore not available for public comment during the prior
comment period on the proposed rule. The NODA describes several general
categories of information and data. In addition, this Notice describes
some new information and data we have received that could be used in
potential updates and enhancements to the risk assessment and RIA for
the final rule.\1\ Note, however, that the NODA does not provide an
exhaustive presentation of all of the information and data that EPA is
placing in the associated docket and seeking comment on. All the
information subject to this notice can be accessed as described in Unit
III of this notice.
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\1\ The cited risk assessment, ``Draft: Human and Ecological
Risk Assessment of Coal Combustion Wastes,'' April 2010 (EPA-HQ-
RCRA-2009-0640-0002), and RIA, ``Regulatory Impact Analysis for
EPA's Proposed RCRA Regulation Of Coal Combustion Residues (CCR)
Generated by the Electric Utility Industry, '' April 2010 (EPA-HQ-
RCRA-2009-0640-0003) are available in the docket for the 2010
proposed rule.
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EPA is still in the process of evaluating this information and
deliberating the provisions of a final rule. Therefore EPA cannot
definitively state whether this information will provide support for
any provision of the final rule, or that the Agency has determined that
it is appropriate to rely on this information in developing the final
rule. In addition, it should not be assumed that the specific
information identified in this Notice is the full sum of information
received in comments that will be considered or that will influence the
Agency's decisions in this rulemaking. However, in the interests of
ensuring that the public has had a full and complete opportunity to
comment on the information that EPA has so far identified as having the
potential to weigh in EPA's decisions on the final rule, EPA is
reopening the comment period for the limited purpose of allowing the
public to comment on the validity and propriety of using this
information, data, and potential analyses in developing the final rule.
EPA will also review this information to ensure the data is of
sufficient quality before relying on it in deliberations on the final
rule.\2\ EPA will use its Information Quality Guidelines, as
appropriate, to evaluate information to be used in the Risk Assessment
as well as all other information which supports the regulatory
determination.\3\ In addition, EPA will also rely on the EPA Science
Policy Council Assessment Factors Guidance to evaluate the quality and
relevance of scientific and technical information.\4\
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\2\ The Agency's Guidelines for Ensuring and Maximizing the
Quality, Objectivity, Utility, and Integrity of Information
Disseminated by the Environmental Protection Agency contain EPA's
policy and procedural guidance for ensuring and maximizing the
quality of information that the Agency disseminates. They were
developed in response to guidelines issued by the Office of
Management and Budget (OMB) under Section 515(a) of the Treasury and
General Government Appropriations Act for Fiscal Year 2001 (Public
Law 106-554; H.R. 5658). The EPA Information Quality Guidelines are
available at: http://epa.gov/quality/informationguidelines/documents/EPA_InfoQualityGuidelines.pdf.
\3\ Specific evaluation criteria are outlined in the Agency's
Data Quality Assessment: A Reviewer's Guide (EPA/240/B-06/002,
February 2006) and in the checklist provided at http://www.epa.gov/quality/qs-docs/cklist-secondary.pdf
\4\ Available at http://www.epa.gov/OSA/spc/pdfs/assess2.pdf.
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As noted above, all of the information on which EPA is requesting
comment is either specifically identified in this Notice or is located
in the docket supporting this Notice. EPA is not reopening the comment
period on any other aspect of the proposed rule. This is not an
opportunity for the public to supplement their comments on the proposed
rule, or to raise issues that could have been raised during the
original comment period. The only issues on which the Agency is
soliciting comment relate to the information in the docket supporting
this Notice, EPA-HQ-RCRA-2011-0392, or the potential revisions to the
risk assessment specifically described in this Notice. Comments
submitted on any issues other than those specifically identified in
this Notice will be considered ``late comments'' on the proposed rule.
EPA will not respond to such comments, and they will not be considered
part of the rulemaking record.
III. Where can the information identified in this notice be found?
Most of the information that EPA is noticing today, including the
specific comments, can be found in the docket supporting this Notice,
EPA-HQ-RCRA-2011-0392. Otherwise, the information is available from
websites at internet addresses provided in this notice. For example,
laboratory CCR leachate reports, included in Maryland Department of the
Environment Coal Combustion Byproducts Reporting Requirements which are
being noticed below are available at: http://www.mde.state.md.us/programs/Land/SolidWaste/CoalCombustionByproducts/Pages/Programs/LandPrograms/Solid_Waste/ccbs/index.aspx. In addition, to further
assist the reader, we are also providing, where appropriate, the docket
number of the comment as it is identified in the docket supporting the
2010 proposed rule, EPA-HQ-RCRA-2009-0640. The docket number can be
found directly following the comment in a parenthetical. For example,
Southern Company provided an Electric Power Research Institute (EPRI)
report titled ``Characterization of Field Leachates at Coal Combustion
Product Management Sites,'' EPRI report 1012578 (attachment two of
document No. EPA-HQ-RCRA-2009-0640-6300). With this additional
information the reader can also use the proposed rule docket to access
the noticed information.
Finally, most documents are available from the docket for viewing
and downloading through http://www.regulations.gov; however,
copyrighted documents are only available for viewing by visiting the
docket for the proposed rule (EPA-HQ-RCRA-2009-0640) at
regulations.gov.
IV. What new chemical constituent data are being noticed?
EPA is soliciting comment on chemical constituent data on coal
combustion residuals (CCRs) provided by commenters, which include total
concentrations, pore water, and leaching test results for various types
of CCRs, i.e., bottom ash, fly ash, flue gas desulfurization (FGD)
gypsum, FGD sludge, fly ash cenospheres, boiler slag, and combined
waste streams. The following documents identify the new CCR constituent
data on which EPA is seeking comment.
1. Southern Company provided an Electric Power Research Institute
(EPRI) report titled ``Characterization of Field Leachates at Coal
Combustion Product Management Sites,'' EPRI Report 1012578 (attachment
two of document
[[Page 63255]]
No. EPA-HQ-RCRA-2009-0640-6300). This report provides field leachate
results for bottom ash, fly ash, and FGD solids in Table A-1 of
Appendix A. The same report was provided by EPRI in their comments on
the proposed rule (EPA-HQ-RCRA-2009-0640-7776 and attachment four of
document No. EPA-HQ-RCRA-2009-0640-9765). The report is copyrighted and
not available through regulations.gov. The report may be viewed by
visiting the docket reading room or can be obtained at no charge from
EPRI at www.epri.com by searching on the document number or title in
the search bar.
2. The Alaska Department of Environmental Conservation (ADEC)
provided a table of total metals, toxicity characteristic leaching
procedure (TCLP), and synthetic precipitation leaching procedure (SPLP)
results for a bottom ash and a fly ash sample from an electric utility,
and from a non-utility. These data are provided in Appendix A of ADECs
comments on the proposed rule (attachment one of document No. EPA-HQ-
RCRA-2009-0640-6409).
3. The Michigan Department of Natural Resources and Environment (MI
DNRE) provided a summary table of TCLP data, ``Leach Results from
Evaluation of Ninety Coal Combustion Residuals Samples.'' These data
are provided in Attachment 1 of MI DNRE's comments (attachment three of
document No. EPA-HQ-RCRA-2009-0640-6815). MI DNRE has subsequently
provided individual TCLP results for 102 CCR samples and 12 FGD gypsum
samples, and two landfill leachate samples. These data are available in
the docket supporting this Notice.
4. Sunflower Electric Power Corporation provided a table of SPLP
leach test results for a fly ash sample, a bottom ash sample, and four
composite sludge samples. The results are provided in a table on page
41 of the report ``Volume 2: Site Hydrogeologic Assessment, Waste
Characterization, and Fate and Transport Modeling, Holcomb Common
Facilities Industrial Landfill, July 27, 2007.'' (attachment three of
document No. EPA-HQ-RCRA-2009-0640-6912).
5. The University of North Dakota Energy & Environmental Research
Center, on behalf of the Coal Ash Resources Research Consortium,
provided the following:
a. A report titled ``Evaluation of Leaching Potential of Solid Coal
Combustion Wastes, Final Report'' (attachment two of document No. EPA-
HQ-RCRA-2009-0640-6996) which includes tables in Appendix D of totals
concentrations and leaching test procedure results for two fly ash
samples, a fly ash sludge, a filter cake sludge sample, and a poz-o-tec
(a mixture of fly ash, FGD sludge, and quicklime (calcium oxide))
sample.
b. A report titled ``Mercury and Air Toxic Element Impacts of Coal
Combustion By-Product Disposal and Utilization'' (attachment two of
document No. EPA-HQ-RCRA-2009-0640-6997) which includes tables in
Appendix M of leaching test results for 58 fly ash, five FGD, and four
FGD gypsum samples using various leaching methods, but not TCLP, and
TCLP mercury results for 15 fly ash samples.
c. Appendix E of the report titled ``Demonstration of Coal Ash for
Feedlot Surfaces'' (attachment five of document No. EPA-HQ-RCRA-2009-
0640-6998) which includes tables of leaching test results for five fly
ash and two bottom ash samples using 18-hr, 30-day, and 60-day leach
methods, plus bulk and trace element data for five fly ash samples, two
bottom ash samples, and one slag sample.
6. In their comments on the proposed rule, EPRI provided the
following:
a. Tables of total metals and TCLP results summary statistics for
32 FGD gypsum and 11 mined gypsum samples (attachment one of document
No. EPA-HQ-RCRA-2009-0640-9765, page 81). EPRI has since provided EPA
with individual TCLP results for the gypsum samples. These data are
available in the docket supporting this Notice.
b. A report titled ``Characterization of Field Leachates at Coal
Combustion Product Management Sites; Arsenic, Selenium, Chromium, and
Mercury Speciation,'' EPRI Report 1012578, (EPA-HQ-RCRA-2009-0640-7776
and attachment four of document No. EPA-HQ-RCRA-2009-0640-9765) which
includes in Table A-1 of Appendix A, trace elements of field leachates
from bottom ash, fly ash, and FGD sludge collected at 15 impoundments
and 17 landfills. (This is the same report and data provided by the
Southern Company described above.)
7. The Boiler Slag Consortium provided laboratory reports with
total metals and TCLP results for boiler slag fines samples (attachment
one of document No. EPA-HQ-RCRA-2009-0640-7787, attachment two of
document No. EPA-HQ-RCRA-2009-0640-7787, and attachment three of
document No. EPA-HQ-RCRA-2009-0640-7787).
8. Senator David Vitter provided laboratory reports with total
metals and TCLP results for boiler slag fines samples (attachment two
of document No. EPA-HQ-RCRA-2009-0640-6958, attachment three of
document No. EPA-HQ-RCRA-2009-0640-6958, and attachment four of
document No. EPA-HQ-RCRA-2009-0640-6958). These are the same data
provided by the Boiler Slag Consortium (attachment one of document No.
EPA-HQ-RCRA-2009-0640-7787 and attachment three of document No. EPA-HQ-
RCRA-2009-0640-7787).
9. The Gypsum Association provided tables of total metals and TCLP
results for FGD gypsum (attachment one of document No. EPA-HQ-RCRA-
2009-0640-8227, pages 15 through 19 and Exhibit 2).
10. TCLP results for five fly ash cenosphere samples were provided
by Sphere One, Inc. (attachment one of document No. EPA-HQ-RCRA-2009-
0640-8245, pages 4 through 6).
11. Congresswoman Michele Bachmann provided laboratory reports with
total metals and TCLP results for boiler slag fines samples (attachment
three of document No. EPA-HQ-RCRA-2009-0640-8262 and attachment four of
document No. EPA-HQ-RCRA-2009-0640-8262). These are the same data
provided by the Boiler Slag Consortium (attachment one of document No.
EPA-HQ-RCRA-2009-0640-7787 and attachment three of document No. EPA-HQ-
RCRA-2009-0640-7787).
12. U.S. Minerals provided a copy of draft comments from Harsco
Minerals which includes a table of TCLP results for 34 slag samples
(attachment one of document No. EPA-HQ-RCRA-2009-0640-8271, pages 11
and 12). Twenty five of the 34 samples were also provided by Harsco
Minerals in their comments dated November 19, 2010 (see number 14
below). Only 24 of the 34 samples are from electric utilities.
13. The American Coal Ash Association (ACAA) provided the following
in their comments on the 2010 proposed rule (EPA-HQ-RCRA-2009-0640-
10486):
a. A report titled ``Leaching of Inorganic Constituents from Coal
Combustion By-Products under Field and Laboratory Conditions,'' EPRI,
1998 (TR-111773-V1) which includes tables of summary statistics for
pore water concentrations from eight landfills and 12 surface
impoundments for coal ash on page 3-2 and for FGD sludge on page 3-3,
and tables of summary SPLP and TCLP results for CCRs from 10 surface
impoundments on page 4-4 and 4-5. This report was provided by ACAA on a
CD and is available for viewing by visiting the docket reading room.
The report may also be obtained at no charge from EPRI at: http://www.epri.com by searching on the document number or title in the search
bar.
b. A paper titled ``Leachability of Trace Metal Elements from Fly
Ashes,
[[Page 63256]]
and from Concrete Incorporating Fly Ashes,'' which includes tables of
leaching test results for fly ash and fly ash concrete on pages 21 and
pages 23 through 25. This paper was provided by ACAA on a CD and is
only available for viewing by visiting the docket reading room.
c. The paper titled ``Comparative Leaching of Midwestern Fly Ash
and Cement,'' which includes tables of total metals concentrations and
leaching test results for fly ash and cement on pages 30-6 through 30-
14. This paper was provided by ACAA on a CD and is only available for
viewing by visiting the docket reading room.
14. Harsco Minerals provided the following with their comments on
the proposed rule (EPA-HQ-RCRA-2009-0640-10489):
a. A table of TCLP results for 25 boiler slag samples on page 13.
One sample, source number 24, is from a non-utility.
b. A table of TCLP results for three boiler slag fines samples on
page 14.
c. Laboratory analyses reports for the 25 boiler slag samples in
(a) above (attachment seven of document No. EPA-HQ-RCRA-2009-0640-
10489, Exhibit 6).
d. Laboratory reports of total metals and TCLP leaching tests for
three boiler slag fines samples (attachment seven of document No. EPA-
HQ-RCRA-2009-0640-10489, Exhibit 7). These are the same data provided
by the Boiler Slag Consortium described in number 7 above.
e. Laboratory analyses reports of TCLP results for three pre-blast
and three post-blast boiler slag blasting abrasives (attachment seven
of document No. EPA-HQ-RCRA-2009-0640-10489, Exhibit 8).
15. Laboratory CCR leachate reports, included in Maryland
Department of the Environment Coal Combustion Byproducts Reporting
Requirements Annual Reports Received for 2008 through 2010: http://www.mde.state.md.us/programs/Land/SolidWaste/CoalCombustionByproducts/Pages/Programs/LandPrograms/Solid_Waste/ccbs/index.aspx. Reports can
be found under the heading ``CCR Reporting Information'' at the bottom
of the webpage. EPA is seeking comment specifically on leachate reports
pertaining to Constellation Energy; Mirant Mid-Atlantic, LLC; AES
Warrior Run, LLC; and Allegany Energy Supply Company.
16. EPA's Office of Research and Development (ORD), in coordination
with Vanderbilt University (VU), has also developed CCR leaching data
(Leaching Environmental Assessment Framework, or LEAF, data). Some of
these data considered applicable to the 2010 Risk Assessment were
already made available in reports placed in the proposed rule docket
(EPA-HQ-RCRA-2009-0640-0314, 0315, and 0329); further data are being
made available to the public for the duration of the comment period at:
http://vanderbilt.edu/leaching. To obtain a free access key, click the
``License Application'' option under the ``LeachXS Lite'' tab. EPA is
also providing further documentation of the data and the methodologies
used at: http://www.epa.gov/nrmrl/pubs/600r10170/600r10170.pdf.
V. What new facility and waste management data are being noticed?
The Agency is considering whether to use the following additional
information sources in support of the final rule.
1. U.S. Department of Energy/Energy Information Agency (DOE/EIA):
``2009: EIA-923 January--December Final, Nonutility Energy Balance and
Annual Environmental Information Data.'' This database is available on-
line at a U.S. Department of Energy/U.S. Energy Information
Administration Web site at: http://www.eia.doe.gov/cneaf/electricity/page/eia906_920.html under the heading ``Downloads'' at the bottom of
the webpage. This database identifies facility data that may be
considered in the development of the final rule.
2. On October 21, 2010, EPA issued a NODA (75 FR 64974) seeking
public comment on the responses to Information Collection Requests that
EPA sent to electric utilities on their CCR surface impoundments, as
well as reports and materials related to the site assessments EPA has
conducted on a subset of these impoundments. Additional responses and
site assessment materials have been posted to EPA's website since that
time and this NODA addresses and solicits comment on this information,
including:
a. The Information Request Responses to EPA's Information Request
Letter to Electric Utilities available at: http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/surveys/index.htm
b. EPA's Coal Combustion Residuals Impoundment Assessment Reports
available at: http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/surveys2/index.htm
VI. What reports regarding alleged damage cases from the management of
CCRs are being noticed?
The Agency is noticing several reports received in comments to the
2010 proposed rule, relating to alleged CCR management damage cases:
1. A new report of alleged damage cases was released February 24,
2010, by the Environmental Integrity Project and Earthjustice titled
``Out of Control: Mounting Damages From Coal Ash Waste Sites,'' which
presents 31 alleged CCR damage cases that were not included or were not
recognized as damage cases in EPA's July 2007 report (EPA-HQ-RCRA-2006-
0796-0015) titled ``Coal Combustion Waste Damage Case Assessments.''
The report is available from the docket to this Notice.
2. In late 2009, EPRI submitted to EPA two draft reports titled
``Evaluation of Coal Combustion Product Damage Cases: Volume 1: Data
Summary and Conclusions'' (finalized in July 2010), and ``Evaluation of
Coal Combustion Product Damage Cases: Volume 2: Case
Summaries''(finalized in September 2010). In these reports EPRI claimed
that the EPA was inconsistent in applying its own `test of proof'
criteria to determine which of the damage cases included in EPA's July
2007 report qualify as CCRs-related proven damage cases. These reports
are available from the docket to the proposed rule (EPA-HQ-RCRA-2009-
0640-0326, and EPA-HQ-RCRA-2009-0640-0327, respectively). These are
copyrighted reports and are not available for viewing on-line. The 2010
final reports are also copyrighted and are only available for viewing
by visiting the docket to this Notice. They are also available on-line
from EPRI at: http://my.epri.com/portal/server.pt?open=512&objID=413&&PageID=230509&mode=2&cached=true.
3. A report released August 26, 2010, by the Environmental
Integrity Project, Earthjustice, and the Sierra Club titled ``In Harm's
Way: Lack Of Federal Coal Ash Regulations Endangers Americans And Their
Environment,'' which presents 39 alleged CCR damage cases. The report
is available from the docket to this Notice.
VII. What new analyses of state programs are being noticed?
1. EPA is noticing the comments on the 2010 proposed rule,
submitted by Earthjustice, Environmental Integrity Project, Sierra
Club, Natural Resources Defense Council, Southern Alliance for Clean
Energy, Southern Environmental Law Center, and Physicians for Social
Responsibility (attachment one of document No. EPA-HQ-RCRA-2009-0640-
6315), addressing gaps in state government regulatory programs
applicable to the management of CCRs (pgs. 17-63).
2. The Agency is also noticing comments addressing state programs
[[Page 63257]]
submitted by the Association of State and Territorial Solid Waste
Management Officials (attachment one of document No. EPA-HQ-RCRA-2009-
0640-3936 and EPA-HQ-RCRA-2009-0640-8787), the Environmental Council of
the States (attachment one of document No. EPA-HQ-RCRA-2009-0640-4003
and EPA-HQ-RCRA-2009-0640-8854) and 36 states. All of the states'
comments are available in the docket to the proposed rule.
VIII. What new materials on beneficial uses are being noticed?
The Agency received a significant amount of additional data and
other factual information relating to the beneficial reuse of CCR, such
as the use in concrete, bricks and wallboard, during the comment
period. EPA also obtained additional data as a result of further
research. EPA is requesting comment on whether this information should
be considered in the development of the final rule. All of these
documents are available from the docket to this Notice.
IX. What new information and potential modeling analyses to update and
enhance the risk assessment are being noticed?
EPA is considering updating its risk assessment prepared in support
of the 2010 proposed rule based upon public comments and additional
information made available since the publication of the proposed rule.
The 2010 Risk Assessment, ``Draft: Human and Ecological Risk Assessment
of Coal Combustion Wastes,'' April 2010 (``2010 Risk Assessment'') is
available in the docket to the proposed rule (EPA-HQ-RCRA-2009-0640-
0002). As noted previously, EPA is requesting comment only for the
narrow purposes described in Unit II--i.e., on the validity and
propriety of using the information, data, and analyses associated with
this notice. As also noted previously, although EPA is singling out the
information and data specifically listed below and in the docket for
further public comment, it should not be assumed that this information/
data is the full sum of the information/data received in comments that
will be considered or that will influence the Agency's decisions in
this rulemaking.
1. EPA is considering updating its pore water data by adding pore
water data submitted by public commenters (previously discussed in
Section IV). EPA is also considering the use of alternative statistical
analysis, such as the use of quartiles or bootstrapping, in place of
site averages for pore water data in order to retain intra-site
variability in these data while not biasing results from the sites with
greater numbers of sampling points.
2. EPA is considering using the latitude and longitude data
(obtained from additional information sources discussed in Section V)
to estimate the distances from CCR waste management units to human and
ecological receptors. EPA is considering updating its estimated
distances to groundwater wells based on modeled population estimates
discussed in the Agency's RIA for the proposed rule. Further
documentation and the modeled population estimates based on synthesized
population data sets are accessible at: ftp://ftp.epa.gov/coal-combustion-residues/NODA-1.
3. EPA is considering updating the estimated distances from CCR
waste management units to the nearest surface water bodies, based on
the new latitude and longitude data (obtained from additional
information sources discussed in Section V).
4. EPA is considering modeling both landfills and surface
impoundments throughout the operational life of the waste management
unit and post-closure using the same modeling approach utilized in the
2010 Risk Assessment.
5. EPA is considering revisiting its screening assessment based on
the new data and analyses above. EPA is also considering the use of the
peer reviewed models, AERSCREEN and AERMOD, to evaluate fugitive dust
(http://www.epa.gov/ttn/scram/dispersion_prefrec.htm#aermod).
Depending on screening results, EPA may consider CCR fugitive dust and
other above-ground exposure pathways from the open CCR waste management
units for further modeling.
Dated: September 30, 2011.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 2011-26086 Filed 10-11-11; 8:45 am]
BILLING CODE 6560-50-P