[Federal Register Volume 85, Number 240 (Monday, December 14, 2020)]
[Proposed Rules]
[Pages 80718-80719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27360]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 257

[EPA-HQ-OLEM-2020-0107; FRL-10015-46-OLEM; 10018-00-OLEM]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Advance notice of proposed rulemaking; extension of comment 
period.

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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is 
extending the comment period on the advance notice of proposed 
rulemaking for legacy coal combustion residuals (CCR) surface 
impoundments. The original advance notice of proposed rulemaking was 
published on October 14, 2020, and the public comment period was 
originally scheduled to end on December 14, 2020. With this document, 
EPA is extending the public comment period an additional 60 days, 
through February 12, 2021.

DATES: The comment period for the proposed rule published October 14, 
2020 at 85 FR 65015 is extended. The EPA must receive comments on or 
before February 12, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OLEM-2020-0107. Follow the detailed instructions provided 
under ADDRESSES in the Federal Register document of October 14, 2020 
(85 FR 65015). 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: Michelle Long, Office of Resource 
Conservation and Recovery, Materials Recovery and Waste Management 
Division, Environmental Protection Agency, 1200 Pennsylvania Avenue NW, 
MC: 5304P, Washington, DC 20460; telephone number: (703) 347-8953; 
email address: [email protected]. For more information on this 
rulemaking please visit https://www.epa.gov/coalash.

SUPPLEMENTARY INFORMATION: On April 17, 2015, EPA promulgated national 
minimum criteria for existing and new CCR landfills and existing and 
new CCR surface impoundments at 40 CFR part 257, subpart D. On August 
21, 2018, the U.S. Court of Appeals for the District of Columbia 
Circuit issued its opinion in the case of Utility Solid Waste 
Activities Group (USWAG), et al. v. EPA, 901 F.3d 414 (D.C. Cir. 2018), 
which vacated and remanded the provision that exempted inactive 
impoundments at inactive facilities from the CCR regulations. As a 
first step to implement this part of the court decision, EPA is seeking 
comments in an advance notice of proposed rulemaking (ANPRM) and data 
on inactive surface impoundments at inactive facilities to assist in 
the development of future regulations for these CCR units.
    The original notice for the legacy CCR surface impoundment ANPRM 
was published on October 14, 2020, and the comment period was scheduled 
to end on December 14, 2020. See 85 FR 65015. Since publication of the 
notice, on November 6, 2020, USWAG requested an additional 60 days to 
review the ANPRM, develop and submit comments. This request is 
available in the docket at EPA-HQ-OLEM-2020-0107. USWAG said given the 
complexity of the information being requested in the ANPRM, and the 
fact that USWAG members are currently focused on the development of 
submissions for the Part A (85 FR 53516, August 28, 2020) and Part B 
(85 FR 72506, October 14, 2020), an extension will result in the Agency 
receiving a more comprehensive data submission from USWAG. After 
receiving the request from USWAG, EPA has decided to extend the comment 
period to address the concerns that were

[[Page 80719]]

raised. The comment period is extended until February 12, 2021.

Carolyn Hoskinson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2020-27360 Filed 12-11-20; 8:45 am]
BILLING CODE 6560-50-P