80 FR 37988 - Technical Amendments to the Hazardous and Solid Waste Management System; Disposal of Coal Combustion Residuals From Electric Utilities-Correction of the Effective Date
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 127 (July 2, 2015)
Federal Register Volume 80, Issue 127 (July 2, 2015)
| Page Range | 37988-37992 | |
| FR Document | 2015-15913 |
[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)] [Rules and Regulations] [Pages 37988-37992] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15913] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 257 [EPA-HQ-RCRA-2015-0331; FRL-9928-44-OSWER] RIN-2050-AE81 Technical Amendments to the Hazardous and Solid Waste Management System; Disposal of Coal Combustion Residuals From Electric Utilities-- Correction of the Effective Date AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA or the Agency) is taking action to amend the final rule regulating the disposal of coal combustion residuals (CCR) as solid waste under subtitle D of the Resource Conservation and Recovery Act (RCRA). After publication in the Federal Register, inconsistencies resulting from typographical errors established two different effective dates in the regulatory text for the final CCR rule. This action corrects these inconsistencies and revises the Code of Federal Regulations (CFR) so that it accurately reflects the statutory effective date of six months [[Page 37989]] from the publication date of the rule, coinciding with a date of October 19, 2015. Consistent with Federal requirements, the EPA is also correcting dates for certain provisions that fall on January 18, 2016, which is a Federal holiday, to the next succeeding Federal business day, which is January 19, 2016. DATES: This final rule is effective on October 19, 2015. Effective July 2, 2015, the effective date of the final CCR rule published on April 17, 2015 at 80 FR 21302 is corrected from October 14, 2015 to October 19, 2015. ADDRESSES: The EPA has established a docket for this regulatory action under Docket ID No. EPA-HQ-RCRA-2015-0331. All documents in this docket are available at http://www.regulations.gov. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in http://www.regulations.gov or in hard copy at the OSWER Docket, EPA/DC, WJC West Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC 20460. 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, and the telephone number for the OSWER Docket is 202-566-0276. FOR FURTHER INFORMATION CONTACT: For more information on this rulemaking, contact Steve Souders, Materials Recovery and Waste Management Division, Office of Resource Conservation and Recovery (MC 5304 P), U.S. Environmental Protection Agency, telephone number: (703) 308-8431; fax number: (703) 605-0595; email address: souders.steve@epa.gov. For more information on this rulemaking please visit: http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/index.htm. SUPPLEMENTARY INFORMATION: The Contents of This Preamble Are Listed in the Following Outline I. General Information II. Statutory Authority III. Corrections Made to the Regulatory Text Regarding the Effective Date IV. Statutory and Executive Order Reviews I. General Information A. Does this action apply to me? This rule applies to all coal combustion residuals (CCR) generated by electric utilities and independent power producers that fall within the North American Industry Classification System (NAICS) code 221112 and may affect the following entities: Electric utility facilities and independent power producers that fall under the NAICS code 221112. The industry sector(s) identified above may not be exhaustive; other types of entities not listed could also be affected. The Agency's aim is to provide a guide for readers regarding those entities that potentially could be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. B. Why are these amendments being issued as a final rule? Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B), provides that, when an Agency for good cause finds that notice and public procedures are impracticable, unnecessary or contrary to the public interest, the Agency may issue a final rule without providing notice and an opportunity for public comment. Similarly, section 553(d) authorizes an Agency to establish an effective date for a rule that is sooner than 30 days from its publication, ``as otherwise provided by the agency for good cause found and published with the rule.'' This final rule only revises the CFR to be consistent with the requirements in RCRA section 4004(c) and the Office of the Federal Register (OFR) regulation at 1 U.S.C. 18.17(b). The EPA is issuing this rule solely to ensure that the CFR accurately reflects the date by which, under current law, the provisions of the rule become effective. Consequently, the EPA has determined that there is good cause for making the technical amendments in this final rule without prior proposal and opportunity for comment, because notice and public comment would be unnecessary. For the same reasons, the EPA has concluded that good cause exists for making the corrections in this final rule effective July 2, 2015. 1. Different Effective Dates After publication in the Federal Register, inconsistencies resulting from typographical errors established two different effective dates for the final CCR rule, one that accurately reflects the statutory effective date, and a second, inaccurate date (80 FR 21302, April 17, 2015). This action corrects these inconsistencies in the CFR, so that it accurately reflects the effective date under RCRA section 4004(c) of six months from the publication date of the rule, i.e., October 19, 2015. Section 4004 (c) of RCRA generally establishes a six month effective date for rules issued under subtitle D, providing that ``the prohibition contained in subsection (b) shall take effect on the date six months after the date of promulgation of regulations under subsection (a).'' 42 U.S.C. 6944(c). In other words, RCRA requires that six months after promulgation of a rule under section 4004(a), solid waste can only be managed in a manner that complies with the requirements of the rule. Under RCRA, promulgation of a rule occurs upon signature and publication in the Federal Register. Horsehead Resource Development Co, Inc., v. EPA, 130 F.3d 1090, 1094-1095 (D.C. Cir. 1997) (``We hold . . . at least in the absence of a contrary agency regulation, ``promulgation'' as used in section [7006(a)(1) of RCRA] means the date of Federal Register publication.''). Thus by operation of law, the requirements in the final CCR rule go into effect six months from the date of its publication in the Federal Register, or October 19, 2015. Based on the rule published in the Federal Register (80 FR 21302, April 17, 2015), the CFR inaccurately reflects the current date by which facilities must be in compliance with certain requirements. This action merely corrects the CFR to accurately reflect these existing legal obligations; it does not alter or affect them in any way, but merely ensures that the public will not be confused by inaccuracies. The EPA has therefore determined that further public comment on this action is unnecessary and that good cause exists for making the corrections in this final rule without prior publication or public comment. 2. Inconsistency With Other Federal Regulations The EPA is also correcting dates for certain provisions that fall on January 18, 2016, which is a Federal holiday. According to 1 CFR 18.07(b), ``where the final count would fall on a Saturday, Sunday, or holiday, the date certain will be the next succeeding Federal business day.'' To be consistent with 1 CFR 18.07(b), that date needs to be revised to the next Federal business day, or January 19, 2016. Based on the final CCR rule published in Federal Register (80 FR 21302), the CFR inaccurately reflects the current date by which [[Page 37990]] facilities must be in compliance with these requirements. This action merely corrects the CFR to ensure that the public will not be confused. The EPA has therefore determined that further public comment on this action is unnecessary and that good cause exists for making the corrections in this final rule without prior publication or public comment. II. Statutory Authority This regulation is established under the authority of sections 1008(a), 2002(a), 3001, 4004, and 4005(a) of the Solid Waste Disposal Act of 1970, as amended by the Resource Conservation and Recovery Act of 1976, as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA), 42 U.S.C. 6906(b), 6907(a), 6912(a), 6944 and 6945(a). III. Corrections Made to the Regulatory Text Regarding the Effective Date In drafting the final CCR rule, the Agency used the following two bracketed ``instructions'' when referring to the effective date of the CCR rule: (1) [INSERT DATE 180 DAYS AFTER THE DATE OF PUBLICATION IN THE Federal Register]; and (2) [INSERT DATE SIX MONTHS AFTER THE DATE OF PUBLICATION IN THE Federal Register]. These ``instructions'' provided direction to the OFR for computing and inserting a specified date, in this case, the effective date of the rule. On April 17, 2015, the CCR rule was published in the Federal Register (80 FR 21302). After publication, the EPA discovered that the two ``instructions'' used to calculate the effective date had resulted in the computing and inserting of two different effective dates, rather than single effective date established under RCRA 4004(c). The first ``instruction'' used in the CCR rule for the effective date exactly mirrored the statutory language, i.e., [INSERT DATE 6 MONTHS AFTER DATE OF PUBLICATION IN THE Federal Register], which resulted in a date of October 19, 2015. By contrast, the second ``instruction,'' paraphrased the statute, i.e., [INSERT DATE 180 DAYS AFTER THE DATE OF PUBLICATION IN THE Federal Register], which resulted in a date of October 14, 2015. In order to correct this error, the EPA is issuing this final rule to revise the CFR so that it accurately reflects the existing effective date for the CCR rule established by RCRA section 4004 (c), i.e., October 19, 2015, which is consistent with the ``instruction'' of: [INSERT DATE SIX MONTHS AFTER THE DATE OF PUBLICATION IN THE Federal Register]. In addition at Sec. 257.83(b)(3) and Sec. 257.84(b)(3)(i) (Inspection requirements for CCR surface impoundments and CCR landfills respectively) the instructions for calculating and inserting dates in these two sections of the CCR rule were: [INSERT DATE NINE MONTHS AFTER THE DATE OF PUBLICATION IN THE Federal Register]. After publication, the EPA discovered that the computed and inserted date for these provisions was January 18, 2016, which is a Federal holiday. According to 1 CFR 18.07(b) ``where the final count would fall on a Saturday, Sunday, or holiday, the date certain will be the next succeeding Federal business day when a date falls on a weekend or a Federal holiday, the [Office of Federal Register] uses the next Federal business day.'' To be consistent with 1 CFR 18.07(b), that date needs to be revised to the next Federal business day, or January 19, 2016. Based on the rule published in the Federal Register, the CFR inaccurately reflects the current date by which facilities must be in compliance with these requirements. In order to aid the public, the following table identifies those sections of the rule which contained particular dates that the EPA is correcting in this action, as well as those sections where no correction is needed. The first column of the following table identifies those sections of the CCR rule where the date of October 14, 2015 was inserted. These sections of the rule are being corrected in this final rule to establish the correct date of October 19, 2015. The second column of the table identifies those rule provisions where the date of January 18, 2016, a Federal holiday, was inserted. These sections of the rule are being corrected to establish the correct date of January 19, 2016. The third column of the table identifies those sections of the regulatory text where the correct effective date of October 19, 2015 was inserted. These sections will not be changed. ------------------------------------------------------------------------ Rule provisions with an Rule provisions with Rule provisions with October 14, 2015 effective a date of January the correct October date that will be changed to 18, 2016 that will 19, 2015 effective October 19, 2015 be changed to date ----------------------------- January 19, 2016 --------------------- ---------------------- Regulatory cite Regulatory cite Regulatory cite ------------------------------------------------------------------------ Sec. 257.53 (Definitions) Sec. 257.83(b)(3) Sec. 257.50(d) and ``active facility'' or (Inspection (e) (Scope and ``active electric utilities requirements for purpose). or independent power CCR surface producers'' ``existing CCR impoundments). landfill'' ``existing CCR surface impoundment'' ``inactive CCR surface impoundment'' ``lateral expansion'' ``new CCR landfill'' ``new CCR surface impoundment''. Sec. Sec. 257.51 257.84(b)(3)(i) (Effective date of (Inspection this subpart). requirements for CCR landfills). Sec. 257.80(b)(5) (Air criteria). Sec. 257.83(a)(2) (Inspection requirements for CCR surface impoundments). Sec. 257.84(a)(2) (Inspection requirements for CCR landfills). Sec. 257.91(d)(2) (Multiunit groundwater monitoring systems). Sec. 257.101(a)(1) (Closure of unlined impoundments). ------------------------------------------------------------------------ In addition to the inconsistencies in the regulatory text, the preamble to the final CCR rule also contained several incorrect effective dates: (1) 80 FR 21302: The DATES section in the preamble states that the effective date of the rule is October 14, 2015 (180 days from the publication date) instead of the correct date of October 19, 2015; and (2) 80 FR 21467: EPA included a sentence in the Congressional Review Act Executive Order stating that the CCR [[Page 37991]] rule ``will be effective 180 days after publication in the Federal Register'' which equates to October 14, 2015, instead of stating that the CCR rule ``will be effective six months after publication in the Federal Register'' which equates to October 19, 2015. While the Agency is not correcting the CCR rule preamble language, it is presenting these additional inconsistencies to provide the reader with a complete accounting of the error. IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. B. Paperwork Reduction Act (PRA) This action is not a significant regulatory action and does not impose an information collection burden under the PRA. The changes made to the regulations as a result of this action impose no new or different reporting requirements on regulated parties. C. Regulatory Flexibility Act This action does not modify existing legal requirements applicable to any entity. As such, I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. This action corrects a typographical error that resulted in the calculation of an incorrect effective date in some sections of the regulation. This action merely corrects that error so that the CFR will reflect the existing effective date for the CCR rule of October 19, 2015, established by section 4004 (c) of RCRA. This action also corrects the dates in two provisions of the CCR rule, which, as published, fall on a Federal holiday. This action corrects the error and revises the CFR to reflect that, consistent with 1 CFR 18.07(b), the correct the date for these two provisions is the next Federal business day after the holiday or January 19, 2016. The impacts on small businesses were already addressed in the rule promulgated on April 17, 2015 (80 FR 21302); and this rule will not impose any requirements on small entities beyond those that have previously been analyzed. We have therefore concluded that this action will have no net regulatory burden for small entities. D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. This action implements mandates specifically and explicitly set forth in the Resource Conservation and Recovery Act without the exercise of any policy discretion by the EPA. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175. This action merely corrects typographical errors that resulted in the calculation of an incorrect effective date in some sections of the CCR rule. Thus Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets E.O. 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ``covered regulatory action'' in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because does not establish an environmental standard intended to mitigate health or safety risks. This action merely corrects typographical errors that resulted in the calculation of incorrect effective dates in some sections of the CFR. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations This rule merely corrects errors in dates and does not concern an environmental health or safety risk. Therefore, Executive Order 12898 does not apply. K. Congressional Review Act This action is subject to the CRA, and the EPA will submit a rule report to each House of Congress and to the Comptroller General of the United States. This action is not a ``major rule'' as defined by U.S.C. 804(2). List of Subjects in 40 CFR Part 257 Environmental protection, Beneficial use, Coal combustion products, Coal combustion residuals, Coal combustion waste, Disposal, Hazardous waste, Landfill, Surface impoundment. Dated: June 16, 2015. Mathy Stanislaus, Assistant Administrator, Office of Solid Waste and Emergency Response. For the reasons set out in the preamble, title 40, chapter I, of the Code of Federal Regulations is amended as follows: PART 257--CRITERIA FOR CLASSIFICATION OF SOLID WASTE DISPOSAL FACILITIES AND PRACTICES 0 1. The authority citation for part 257 continues to read as follows: Authority: 42 U.S.C. 6907(a)(3), 6912(a)(1), 6944(a); 33 U.S.C. 1345(d) and (e). 0 2. Section 257.53 is amended by revising the definitions of ``Active facility or active electric utilities or independent power producers'', ``Existing CCR landfill'', ``Existing CCR surface impoundment'', ``Inactive CCR surface impoundment'', ``Lateral expansion'', ``New CCR landfill'', and ``New CCR surface impoundment'' to read as follows: [[Page 37992]] Sec. 257.53 Definitions. * * * * * Active facility or active electric utilities or independent power producers means any facility subject to the requirements of this subpart that is in operation on October 19, 2015. An electric utility or independent power producer is in operation if it is generating electricity that is provided to electric power transmission systems or to electric power distribution systems on or after October 19, 2015. An off-site disposal facility is in operation if it is accepting or managing CCR on or after October 19, 2015. * * * * * Existing CCR landfill means a CCR landfill that receives CCR both before and after October 19, 2015, or for which construction commenced prior to October 19, 2015 and receives CCR on or after October 19, 2015. A CCR landfill has commenced construction if the owner or operator has obtained the federal, state, and local approvals or permits necessary to begin physical construction and a continuous on- site, physical construction program had begun prior to October 19, 2015. Existing CCR surface impoundment means a CCR surface impoundment that receives CCR both before and after October 19, 2015, or for which construction commenced prior to October 19, 2015 and receives CCR on or after October 19, 2015. A CCR surface impoundment has commenced construction if the owner or operator has obtained the federal, state, and local approvals or permits necessary to begin physical construction and a continuous on-site, physical construction program had begun prior to October 19, 2015. * * * * * Inactive CCR surface impoundment means a CCR surface impoundment that no longer receives CCR on or after October 19, 2015 and still contains both CCR and liquids on or after October 19, 2015. * * * * * Lateral expansion means a horizontal expansion of the waste boundaries of an existing CCR landfill or existing CCR surface impoundment made after October 19, 2015. * * * * * New CCR landfill means a CCR landfill or lateral expansion of a CCR landfill that first receives CCR or commences construction after October 19, 2015. A new CCR landfill has commenced construction if the owner or operator has obtained the federal, state, and local approvals or permits necessary to begin physical construction and a continuous on-site, physical construction program had begun after October 19, 2015. Overfills are also considered new CCR landfills. New CCR surface impoundment means a CCR surface impoundment or lateral expansion of an existing or new CCR surface impoundment that first receives CCR or commences construction after October 19, 2015. A new CCR surface impoundment has commenced construction if the owner or operator has obtained the federal, state, and local approvals or permits necessary to begin physical construction and a continuous on- site, physical construction program had begun after October 19, 2015. * * * * * 0 3. Section 257.83 is amended by revising paragraph (b)(3)(i) to read as follows: Sec. 257.83 Inspection requirements for CCR surface impoundments. * * * * * (b) * * * (3) * * * (i) Existing CCR surface impoundments. The owner or operator of the CCR unit must complete the initial inspection required by paragraphs (b)(1) and (2) of this section no later than January 19, 2016. * * * * * 0 4. Section 257.84 is amended by revising paragraph (b)(3)(i) to read as follows: Sec. 257.84 Inspection requirements for CCR landfills. * * * * * (b) * * * (3) * * * (i) Existing CCR landfills. The owner or operator of the CCR unit must complete the initial inspection required by paragraphs (b)(1) and (2) of this section no later than January 19, 2016. * * * * * [FR Doc. 2015-15913 Filed 7-1-15; 8:45 am] BILLING CODE 6560-50-P
![37988 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations
• Is not a significant regulatory action of the United States. EPA will submit a enforce its requirements. See section
subject to Executive Order 13211 (66 FR report containing this action and other 307(b)(2).
28355, May 22, 2001); required information to the U.S. Senate,
List of Subjects in 40 CFR Part 52
• Is not subject to requirements of the U.S. House of Representatives, and
Section 12(d) of the National the Comptroller General of the United Environmental protection, Air
Technology Transfer and Advancement States prior to publication of the rule in pollution control, Incorporation by
Act of 1995 (15 U.S.C. 272 note) because the Federal Register. A major rule reference, Intergovernmental relations,
application of those requirements would cannot take effect until 60 days after it Nitrogen dioxide, Ozone, Reporting and
be inconsistent with the CAA; and is published in the Federal Register. recordkeeping requirements, Volatile
• Does not provide EPA with the This action is not a ‘‘major rule’’ as organic compounds.
discretionary authority to address, as defined by 5 U.S.C. 804(2). Dated: June 18, 2015.
appropriate, disproportionate human Under section 307(b)(1) of the CAA, Heather McTeer Toney,
health or environmental effects, using petitions for judicial review of this Regional Administrator, Region 4.
practicable and legally permissible action must be filed in the United States
methods, under Executive Order 12898 Court of Appeals for the appropriate 40 CFR part 52 is amended as follows:
(59 FR 7629, February 16, 1994). circuit by August 31, 2015. Filing a
PART 52—APPROVAL AND
In addition, the SIP is not approved petition for reconsideration by the
PROMULGATION OF
to apply on any Indian reservation land Administrator of this final rule does not
IMPLEMENTATION PLANS
or in any other area where EPA or an affect the finality of this action for the
Indian tribe has demonstrated that a purposes of judicial review nor does it ■ 1. The authority citation for part 52
tribe has jurisdiction. In those areas of extend the time within which a petition continues to read as follows:
Indian country, the rule does not have for judicial review may be filed, and
tribal implications as specified by shall not postpone the effectiveness of Authority: 42 U.S.C. 7401 et seq.
Executive Order 13175 (65 FR 67249, such rule or action. Parties with Subpart Z—Mississippi
November 9, 2000), nor will it impose objections to this direct final rule are
substantial direct costs on tribal encouraged to file a comment in ■ 2. Section 52.1270(e) is amended by
governments or preempt tribal law. response to the parallel notice of adding a new entry for ‘‘2011 Base Year
The Congressional Review Act, 5 proposed rulemaking for this action Emissions Inventory for the Mississippi
U.S.C. 801 et seq., as added by the Small published in the proposed rules section portion of the Memphis, TN–MS–AR
Business Regulatory Enforcement of this Federal Register, rather than file 2008 Ozone NAAQS Nonattainment
Fairness Act of 1996, generally provides an immediate petition for judicial Area’’ at the end of the table to read as
that before a rule may take effect, the review of this direct final rule, so that follows:
agency promulgating the rule must EPA can withdraw this direct final rule
submit a rule report, which includes a and address the comment in the § 52.1270 Identification of plan.
copy of the rule, to each House of the proposed rulemaking. This action may * * * * *
Congress and to the Comptroller General not be challenged later in proceedings to (e) * * *
EPA-APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
State submittal
Applicable geographic or nonattainment
Name of non-regulatory SIP provision date/effective EPA Approval date Explanation
area date
* * * * * * *
2011 Base Year Emissions Inventory for DeSoto County portion of Memphis, TN– 1/14/2015 7/02/2015 [Insert ci-
the Mississippi portion of the Memphis, AR–MS 2008 8-hour Ozone Nonattain- tation of publica-
TN–MS–AR 2008 Ozone NAAQS Non- ment Area. tion].
attainment Area.
[FR Doc. 2015–16080 Filed 7–1–15; 8:45 am] ENVIRONMENTAL PROTECTION ACTION: Final rule.
BILLING CODE 6560–50–P AGENCY
The Environmental Protection
SUMMARY:
40 CFR Part 257 Agency (EPA or the Agency) is taking
action to amend the final rule regulating
[EPA–HQ–RCRA–2015–0331; FRL–9928–44– the disposal of coal combustion
OSWER] residuals (CCR) as solid waste under
subtitle D of the Resource Conservation
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER
RIN–2050–AE81 and Recovery Act (RCRA). After
publication in the Federal Register,
Technical Amendments to the
inconsistencies resulting from
Hazardous and Solid Waste
typographical errors established two
Management System; Disposal of Coal
different effective dates in the regulatory
Combustion Residuals From Electric
Utilities—Correction of the Effective text for the final CCR rule. This action
Date corrects these inconsistencies and
revises the Code of Federal Regulations
AGENCY: Environmental Protection (CFR) so that it accurately reflects the
Agency. statutory effective date of six months
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![Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 37989
from the publication date of the rule, I. General Information second, inaccurate date (80 FR 21302,
coinciding with a date of October 19, April 17, 2015). This action corrects
A. Does this action apply to me?
2015. Consistent with Federal these inconsistencies in the CFR, so that
requirements, the EPA is also correcting This rule applies to all coal it accurately reflects the effective date
dates for certain provisions that fall on combustion residuals (CCR) generated under RCRA section 4004(c) of six
January 18, 2016, which is a Federal by electric utilities and independent months from the publication date of the
power producers that fall within the rule, i.e., October 19, 2015.
holiday, to the next succeeding Federal
North American Industry Classification Section 4004 (c) of RCRA generally
business day, which is January 19, 2016.
System (NAICS) code 221112 and may establishes a six month effective date for
DATES: This final rule is effective on affect the following entities: Electric rules issued under subtitle D, providing
October 19, 2015. Effective July 2, 2015, utility facilities and independent power that ‘‘the prohibition contained in
the effective date of the final CCR rule producers that fall under the NAICS subsection (b) shall take effect on the
published on April 17, 2015 at 80 FR code 221112. The industry sector(s) date six months after the date of
21302 is corrected from October 14, identified above may not be exhaustive; promulgation of regulations under
2015 to October 19, 2015. other types of entities not listed could subsection (a).’’ 42 U.S.C. 6944(c). In
also be affected. The Agency’s aim is to other words, RCRA requires that six
ADDRESSES: The EPA has established a provide a guide for readers regarding months after promulgation of a rule
docket for this regulatory action under those entities that potentially could be under section 4004(a), solid waste can
Docket ID No. EPA–HQ–RCRA–2015– affected by this action. If you have any only be managed in a manner that
0331. All documents in this docket are questions regarding the applicability of complies with the requirements of the
available at http://www.regulations.gov. this action to a particular entity, consult rule.
Although listed in the index, some the person listed in the preceding FOR Under RCRA, promulgation of a rule
information is not publicly available, FURTHER INFORMATION CONTACT section. occurs upon signature and publication
e.g., Confidential Business Information in the Federal Register. Horsehead
B. Why are these amendments being
(CBI) or other information whose Resource Development Co, Inc., v. EPA,
issued as a final rule? 130 F.3d 1090, 1094–1095 (D.C. Cir.
disclosure is restricted by statute.
Certain other material, such as Section 553 of the Administrative 1997) (‘‘We hold . . . at least in the
Procedure Act (APA), 5 U.S.C. absence of a contrary agency regulation,
copyrighted material, is not placed on
553(b)(3)(B), provides that, when an ‘‘promulgation’’ as used in section
the Internet and will be publicly
Agency for good cause finds that notice [7006(a)(1) of RCRA] means the date of
available only in hard copy form. and public procedures are Federal Register publication.’’). Thus by
Publicly available docket materials are impracticable, unnecessary or contrary operation of law, the requirements in
available either electronically in http:// to the public interest, the Agency may the final CCR rule go into effect six
www.regulations.gov or in hard copy at issue a final rule without providing months from the date of its publication
the OSWER Docket, EPA/DC, WJC West notice and an opportunity for public in the Federal Register, or October 19,
Building, Room 3334, 1301 Constitution comment. Similarly, section 553(d) 2015. Based on the rule published in the
Ave. NW., Washington, DC 20460. The authorizes an Agency to establish an Federal Register (80 FR 21302, April 17,
Public Reading Room is open from 8:30 effective date for a rule that is sooner 2015), the CFR inaccurately reflects the
a.m. to 4:30 p.m., Monday through than 30 days from its publication, ‘‘as current date by which facilities must be
Friday, excluding legal holidays. The otherwise provided by the agency for in compliance with certain
telephone number for the Public good cause found and published with requirements. This action merely
Reading Room is (202) 566–1744, and the rule.’’ corrects the CFR to accurately reflect
the telephone number for the OSWER This final rule only revises the CFR to these existing legal obligations; it does
Docket is 202–566–0276. be consistent with the requirements in not alter or affect them in any way, but
RCRA section 4004(c) and the Office of merely ensures that the public will not
FOR FURTHER INFORMATION CONTACT: For the Federal Register (OFR) regulation at be confused by inaccuracies. The EPA
more information on this rulemaking, 1 U.S.C. 18.17(b). The EPA is issuing has therefore determined that further
contact Steve Souders, Materials this rule solely to ensure that the CFR public comment on this action is
Recovery and Waste Management accurately reflects the date by which, unnecessary and that good cause exists
Division, Office of Resource under current law, the provisions of the for making the corrections in this final
Conservation and Recovery (MC 5304 rule become effective. Consequently, the rule without prior publication or public
P), U.S. Environmental Protection EPA has determined that there is good comment.
Agency, telephone number: (703) 308– cause for making the technical
8431; fax number: (703) 605–0595; 2. Inconsistency With Other Federal
amendments in this final rule without
email address: souders.steve@epa.gov. Regulations
prior proposal and opportunity for
For more information on this comment, because notice and public The EPA is also correcting dates for
rulemaking please visit: http:// comment would be unnecessary. For the certain provisions that fall on January
www.epa.gov/epawaste/nonhaz/ same reasons, the EPA has concluded 18, 2016, which is a Federal holiday.
that good cause exists for making the According to 1 CFR 18.07(b), ‘‘where the
industrial/special/fossil/index.htm.
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corrections in this final rule effective final count would fall on a Saturday,
SUPPLEMENTARY INFORMATION: July 2, 2015. Sunday, or holiday, the date certain will
be the next succeeding Federal business
The Contents of This Preamble Are 1. Different Effective Dates day.’’ To be consistent with 1 CFR
Listed in the Following Outline After publication in the Federal 18.07(b), that date needs to be revised to
I. General Information Register, inconsistencies resulting from the next Federal business day, or
II. Statutory Authority typographical errors established two January 19, 2016. Based on the final
III. Corrections Made to the Regulatory Text different effective dates for the final CCR rule published in Federal Register
Regarding the Effective Date CCR rule, one that accurately reflects (80 FR 21302), the CFR inaccurately
IV. Statutory and Executive Order Reviews the statutory effective date, and a reflects the current date by which
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![37990 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations
facilities must be in compliance with FR 21302). After publication, the EPA inserted date for these provisions was
these requirements. This action merely discovered that the two ‘‘instructions’’ January 18, 2016, which is a Federal
corrects the CFR to ensure that the used to calculate the effective date had holiday. According to 1 CFR 18.07(b)
public will not be confused. The EPA resulted in the computing and inserting ‘‘where the final count would fall on a
has therefore determined that further of two different effective dates, rather Saturday, Sunday, or holiday, the date
public comment on this action is than single effective date established certain will be the next succeeding
unnecessary and that good cause exists under RCRA 4004(c). The first Federal business day when a date falls
for making the corrections in this final ‘‘instruction’’ used in the CCR rule for on a weekend or a Federal holiday, the
rule without prior publication or public the effective date exactly mirrored the [Office of Federal Register] uses the next
comment. statutory language, i.e., [INSERT DATE Federal business day.’’ To be consistent
II. Statutory Authority 6 MONTHS AFTER DATE OF with 1 CFR 18.07(b), that date needs to
PUBLICATION IN THE Federal be revised to the next Federal business
This regulation is established under Register], which resulted in a date of day, or January 19, 2016. Based on the
the authority of sections 1008(a), October 19, 2015. By contrast, the rule published in the Federal Register,
2002(a), 3001, 4004, and 4005(a) of the second ‘‘instruction,’’ paraphrased the the CFR inaccurately reflects the current
Solid Waste Disposal Act of 1970, as statute, i.e., [INSERT DATE 180 DAYS date by which facilities must be in
amended by the Resource Conservation AFTER THE DATE OF PUBLICATION compliance with these requirements.
and Recovery Act of 1976, as amended IN THE Federal Register], which
by the Hazardous and Solid Waste In order to aid the public, the
resulted in a date of October 14, 2015. following table identifies those sections
Amendments of 1984 (HSWA), 42 In order to correct this error, the EPA is
U.S.C. 6906(b), 6907(a), 6912(a), 6944 of the rule which contained particular
issuing this final rule to revise the CFR dates that the EPA is correcting in this
and 6945(a). so that it accurately reflects the existing action, as well as those sections where
III. Corrections Made to the Regulatory effective date for the CCR rule no correction is needed. The first
Text Regarding the Effective Date established by RCRA section 4004 (c), column of the following table identifies
In drafting the final CCR rule, the i.e., October 19, 2015, which is those sections of the CCR rule where the
Agency used the following two consistent with the ‘‘instruction’’ of: date of October 14, 2015 was inserted.
bracketed ‘‘instructions’’ when referring [INSERT DATE SIX MONTHS AFTER These sections of the rule are being
to the effective date of the CCR rule: (1) THE DATE OF PUBLICATION IN THE corrected in this final rule to establish
[INSERT DATE 180 DAYS AFTER THE Federal Register]. the correct date of October 19, 2015. The
DATE OF PUBLICATION IN THE In addition at § 257.83(b)(3) and second column of the table identifies
Federal Register]; and (2) [INSERT § 257.84(b)(3)(i) (Inspection those rule provisions where the date of
DATE SIX MONTHS AFTER THE DATE requirements for CCR surface January 18, 2016, a Federal holiday, was
OF PUBLICATION IN THE Federal impoundments and CCR landfills inserted. These sections of the rule are
Register]. These ‘‘instructions’’ respectively) the instructions for being corrected to establish the correct
provided direction to the OFR for calculating and inserting dates in these date of January 19, 2016. The third
computing and inserting a specified two sections of the CCR rule were: column of the table identifies those
date, in this case, the effective date of [INSERT DATE NINE MONTHS AFTER sections of the regulatory text where the
the rule. THE DATE OF PUBLICATION IN THE correct effective date of October 19,
On April 17, 2015, the CCR rule was Federal Register]. After publication, the 2015 was inserted. These sections will
published in the Federal Register (80 EPA discovered that the computed and not be changed.
Rule provisions with an October 14, 2015 effec- Rule provisions with a date of January 18, Rule provisions with the correct October 19,
tive date that will be changed to October 19, 2016 that will be changed to January 19, 2015 effective date
2015 2016
Regulatory cite
Regulatory cite Regulatory cite
§ 257.53 (Definitions) ‘‘active facility’’ or ‘‘active § 257.83(b)(3) (Inspection requirements for § 257.50(d) and (e) (Scope and purpose).
electric utilities or independent power pro- CCR surface impoundments).
ducers’’ ‘‘existing CCR landfill’’ ‘‘existing CCR
surface impoundment’’ ‘‘inactive CCR surface
impoundment’’ ‘‘lateral expansion’’ ‘‘new CCR
landfill’’ ‘‘new CCR surface impoundment’’.
§ 257.84(b)(3)(i) (Inspection requirements for § 257.51 (Effective date of this subpart).
CCR landfills).
§ 257.80(b)(5) (Air criteria).
§ 257.83(a)(2) (Inspection requirements for
CCR surface impoundments).
§ 257.84(a)(2) (Inspection requirements for
CCR landfills).
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§ 257.91(d)(2) (Multiunit groundwater moni-
toring systems).
§ 257.101(a)(1) (Closure of unlined impound-
ments).
In addition to the inconsistencies in 21302: The DATES section in the correct date of October 19, 2015; and (2)
the regulatory text, the preamble to the preamble states that the effective date of 80 FR 21467: EPA included a sentence
final CCR rule also contained several the rule is October 14, 2015 (180 days in the Congressional Review Act
incorrect effective dates: (1) 80 FR from the publication date) instead of the Executive Order stating that the CCR
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![37992 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations
§ 257.53 Definitions. construction program had begun after SUMMARY: The U.S. Environmental
* * * * * October 19, 2015. Overfills are also Protection Agency (EPA or the Agency)
Active facility or active electric considered new CCR landfills. is amending certain existing regulations
utilities or independent power New CCR surface impoundment that apply to the transboundary
producers means any facility subject to means a CCR surface impoundment or movement of hazardous waste among
the requirements of this subpart that is lateral expansion of an existing or new the Organization for Economic
in operation on October 19, 2015. An CCR surface impoundment that first Cooperation and Development (OECD)
electric utility or independent power receives CCR or commences Member countries as promulgated under
producer is in operation if it is construction after October 19, 2015. A the hazardous waste provisions of the
generating electricity that is provided to new CCR surface impoundment has Resource Conservation and Recovery
electric power transmission systems or commenced construction if the owner or Act (RCRA). Specifically, EPA is
to electric power distribution systems operator has obtained the federal, state, updating the list of OECD member
on or after October 19, 2015. An off-site and local approvals or permits countries to add Estonia, Israel, and
disposal facility is in operation if it is necessary to begin physical construction Slovenia. This amendment is necessary
accepting or managing CCR on or after and a continuous on-site, physical to accurately reflect the change in OECD
October 19, 2015. construction program had begun after Member countries that have
* * * * * October 19, 2015. implemented OECD Decision
Existing CCR landfill means a CCR * * * * * C(2001)107 and can trade hazardous
landfill that receives CCR both before ■ 3. Section 257.83 is amended by wastes for recovery operations with
and after October 19, 2015, or for which revising paragraph (b)(3)(i) to read as other OECD countries under the
construction commenced prior to follows: procedure set forth in that Decision.
October 19, 2015 and receives CCR on DATES: This final rule is effective on July
or after October 19, 2015. A CCR landfill § 257.83 Inspection requirements for CCR 2, 2015.
has commenced construction if the surface impoundments.
ADDRESSES: EPA has established a
owner or operator has obtained the * * * * * docket for this action under Docket ID
federal, state, and local approvals or (b) * * * No. EPA–HQ–RCRA–2005–0018. All
permits necessary to begin physical (3) * * * (i) Existing CCR surface documents in the docket are listed on
construction and a continuous on-site, impoundments. The owner or operator the www.regulations.gov Web site.
physical construction program had of the CCR unit must complete the Although listed in the index, some
begun prior to October 19, 2015. initial inspection required by information is not publicly available,
Existing CCR surface impoundment paragraphs (b)(1) and (2) of this section e.g., CBI or other information whose
means a CCR surface impoundment that no later than January 19, 2016. disclosure is restricted by statute.
receives CCR both before and after * * * * * Certain other material, such as
October 19, 2015, or for which ■ 4. Section 257.84 is amended by copyrighted material, is not placed on
construction commenced prior to revising paragraph (b)(3)(i) to read as the Internet and will be publicly
October 19, 2015 and receives CCR on follows: available only in hard copy form.
or after October 19, 2015. A CCR surface Publicly available docket materials are
impoundment has commenced § 257.84 Inspection requirements for CCR
available either electronically through
construction if the owner or operator landfills.
www.regulations.gov or in hard copy at
has obtained the federal, state, and local * * * * * the EPA Docket Center, EPA/DC, WJC
approvals or permits necessary to begin (b) * * * West Building, Room 3334, 1301
physical construction and a continuous (3) * * * (i) Existing CCR landfills. Constitution Ave. NW., Washington,
on-site, physical construction program The owner or operator of the CCR unit DC. The Public Reading Room is open
had begun prior to October 19, 2015. must complete the initial inspection from 8:30 a.m. to 4:30 p.m., Monday
* * * * * required by paragraphs (b)(1) and (2) of through Friday, excluding legal
Inactive CCR surface impoundment this section no later than January 19, holidays. The telephone number for the
means a CCR surface impoundment that 2016. Public Reading Room is (202) 566–1744,
no longer receives CCR on or after * * * * * and the telephone number for the RCRA
October 19, 2015 and still contains both [FR Doc. 2015–15913 Filed 7–1–15; 8:45 am] Docket is (202) 566–0270.
CCR and liquids on or after October 19,
BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT:
2015.
Karen Swetland, U.S. Environmental
* * * * * Protection Agency, Office of Resource
Lateral expansion means a horizontal ENVIRONMENTAL PROTECTION Conservation and Recovery, (MC:
expansion of the waste boundaries of an AGENCY 5304P), 1200 Pennsylvania Avenue
existing CCR landfill or existing CCR NW., Washington, DC, 20460, Phone:
surface impoundment made after 40 CFR Part 262 703–308–8421; or by email:
October 19, 2015. swetland.karen@epa.gov.
* * * * * [EPA–HQ–RCRA–2005–0018; FRL–9929–93–
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New CCR landfill means a CCR OSWER] SUPPLEMENTARY INFORMATION:
landfill or lateral expansion of a CCR I. General Information
landfill that first receives CCR or Transboundary Shipments of
commences construction after October Hazardous Wastes Between OECD A. Does this action apply to me?
19, 2015. A new CCR landfill has Member Countries: Revisions to the This action applies to all persons who
commenced construction if the owner or List of OECD Member Countries export or import hazardous waste,
operator has obtained the federal, state, AGENCY: Environmental Protection export or import universal waste, or
and local approvals or permits Agency (EPA). export spent lead-acid batteries destined
necessary to begin physical construction for recovery operations in OECD
ACTION: Final rule.
and a continuous on-site, physical Member countries, except for Mexico
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Document Created: 2015-12-15 13:15:54
Document Modified: 2015-12-15 13:15:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on October 19, 2015. Effective July 2, 2015, the effective date of the final CCR rule published on April 17, 2015 at 80 FR 21302 is corrected from October 14, 2015 to October 19, 2015. | |
| Contact | For more information on this rulemaking, contact Steve Souders, Materials Recovery and Waste Management Division, Office of Resource Conservation and Recovery (MC 5304 P), U.S. Environmental Protection Agency, telephone number: (703) | |
| FR Citation | 80 FR 37988 | |
| CFR Associated | Environmental Protection; Beneficial Use; Coal Combustion Products; Coal Combustion Residuals; Coal Combustion Waste; Disposal; Hazardous Waste; Landfill and Surface Impoundment |
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