[Federal Register Volume 75, Number 203 (Thursday, October 21, 2010)]
[Proposed Rules]
[Pages 64974-64976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26657]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 257, 261, 264, 265, 268, 271, and 302
[EPA-HQ-RCRA-2009-0640; FRL-9216-3]
RIN 2050-AE81
Notice of Data Availability on Coal Combustion Residual Surface
Impoundments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of data availability.
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SUMMARY: This document announces the availability of new information
and data posted in the docket for EPA's proposed rulemaking (75 FR
51434, August 20, 2010) on the Disposal of Coal Combustion Residuals
from Electric Utilities. The Agency is seeking public comment on how,
if at all, this additional information should affect the Agency's
decisions as it develops a final rule. The information has been posted
on EPA's Web site, and is now currently available in the docket; it
consists of responses to Information Collection Requests that EPA sent
to electric utilities on their coal combustion residual surface
impoundments as well as reports and materials related to the site
assessments EPA has conducted on a subset of these impoundments.
DATES: Submit comments on or before November 19, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2009-0640, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: Comments may be sent by electronic mail (e-mail)
to [email protected], Attention Docket ID No. EPA-HQ-RCRA-2009-0640.
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.
Fax: Comments may be faxed to 202-566-9744; Attention
Docket ID No. EPA-HQ-RCRA-2009-0640.
Mail: Send your comments to the Hazardous and Solid Waste
Management System; Identification and Listing of Special Wastes;
Disposal of Coal Combustion Residuals From Electric Utilities Docket,
Attention Docket ID No., EPA-HQ-RCRA-2009-0640, Environmental
Protection Agency, Mailcode: 28221T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Please include a total of two copies.
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 Docket, Attention Docket ID No., EPA-HQ-RCRA-2009-0640, EPA/
DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC
20460. 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-
2009-0640. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online 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 http://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 http://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
Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC 20460. 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.
[[Page 64975]]
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: Jim Kohler, Office of Resource
Conservation and Recovery (5304P), U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460-0002,
telephone (703) 347-8953, e-mail address [email protected]. For more
information on this rulemaking, please visit http://www.epa.gov/coalashrule.
SUPPLEMENTARY INFORMATION:
I. What should I consider as I prepare my comments for EPA?
1. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible.
Make sure to submit your comments by the comment period
deadline identified.
2. Docket Copying Costs. The first 100-copied pages are free.
Thereafter, the charge for making copies of Docket materials is 15
cents per page.
II. 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-2009-0640. 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 a 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 a 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, telephone (703) 605-0516, e-mail address
[email protected].
III. Coal Combustion Residual Surface Impoundment Information
A. Background on Information Collection Request Responses
After the failure of the coal combustion residual (CCR) surface
impoundment at the Tennessee Valley Authority's Kingston facility in
December 2008, EPA undertook an effort to assess the structural
integrity of the other CCR surface impoundments. This effort had three
components: (1) An Information Collection Request (ICR2020-
0003) that was sent to facilities known to have surface impoundments or
similar management units asking for specific information on the
structural stability of those units; (2) on-site assessments of the
structural integrity of these units; and (3) reports and
recommendations for actions at the facility. EPA is still in the
process of completing these assessments; however, EPA is placing the
data that are currently available in the docket for the rulemaking, and
is soliciting public comment on these data in connection with this
rulemaking.
EPA sent Information Collection Requests in March, April and
December of 2009 to electric utilities that have surface impoundments
or similar management units that contain CCRs. All of the responses
covering 228 facilities and 629 surface impoundments and similar
management units are currently posted in the docket. (Note: These
responses have been posted on EPA's Web site since they have been
received by the Agency. Thus, these responses have already been
publicly available.) The 228 facilities that responded to EPA's
information collection request have 629 surface impoundments and
similar management units; 200 units (32 percent) have been given a
hazard potential rating using the U.S. Army Corps of Engineers National
Inventory of Dams criteria. Of the 200 units that have been rated, 50
units (25 percent) are rated as having a High Hazard Potential; 71
units (36 percent) are rated as having a Significant Hazard Potential;
71 units (36 percent) are rated as having a Low Hazard Potential; and 8
units (4 percent) are rated as having a Less than Low Hazard Potential.
429 units (68 percent) have not received a hazard potential rating. The
hazard potential ratings do not assess the stability of these units;
rather, the ratings assess the potential for loss of life or
environmental and economic damage. Units rated as having a High
Potential Hazard are those where failure will probably cause loss of
life.
Of the 629 surface impoundments and similar units covered in these
responses, 443 (70 percent) were designed by a professional engineer.
The units show considerable variation in height, with 80 units (13
percent) being reported as greater than 50 feet in height; 133 units
(21 percent) being reported as greater than 25 feet, but less than 51
feet in height; 268 units (43 percent) being reported as greater than 6
feet, but less than 26 feet in height; 39 units (6 percent) being
reported as greater than 0 feet, but less than 7 feet in height; and
105 units (17 percent) being reported as having no height.
A majority of the information contained in the company responses
has been inserted into a database. All the fields and entries in this
database have been extracted and posted in the docket as PDF and
Microsoft Excel spreadsheets which enable users to easily search for
aggregate or facility-specific information.
B. Background on CCR Impoundment Assessment Information
As part of EPA's ongoing national effort to assess the management
of CCRs, EPA has assessed the structural integrity of many impoundments
and similar management units containing CCRs at electric utilities.
This effort is still ongoing; however, EPA is making available for
comment those 53 assessment reports that have been
[[Page 64976]]
finalized. Most of the impoundments that have been assessed have a
``high'' or ``significant'' hazard potential rating. As mentioned
above, the hazard potential rating is not related to the stability of
these impoundments, but to the potential for harm should the
impoundment fail. For example, a ``significant'' hazard potential
rating means impoundment failure can cause economic loss, environmental
damage, or damage to infrastructure.
The assessment reports being placed into the docket have been
completed by contractors who are experts in the area of dam integrity,
reflect the best professional judgment of the engineering firm, and are
signed and stamped by a professional engineer who is licensed in the
state in which the impoundment is located. The reports are based on a
visual assessment of the site, interviews with site personnel, and the
review of geotechnical reports and studies related to the design,
construction and operation of these impoundments, if available. The
engineering firms also reviewed past state/federal inspections of the
impoundments. EPA's contractors were not authorized to conduct any
physical drilling, coring or sampling while on site; however, they did
review studies which may have included such information. Also, the
contractors were asked to rate the impoundments as ``satisfactory,''
``fair,'' ``poor,'' or ``unsatisfactory,'' terms commonly used in the
field of dam safety. Only impoundments rated as ``unsatisfactory'' pose
immediate safety threats. None of the impoundments assessed so far have
received an ``unsatisfactory'' rating. Impoundment ratings noted in the
reports should be taken in the proper context, since a unit may be
found to be structurally sound, while it may receive a ``fair'' or
``poor'' rating based on other factors such as lack of information.
These condition ratings are different than the hazard potential ratings
described above because they are related to the stability of the
individual impoundment as assessed through a field inspection and
available information on the impoundment.
Draft copies of these reports have been reviewed by the facilities
and the states for factual accuracy and their comments on the draft
reports have also been placed in the docket and posted to EPA's Web
site. EPA continues to review the reports and the technical
recommendations, and is working with the facilities to ensure that the
recommendations are implemented.
EPA has provided a copy of the final report to each facility and
has requested that the facility implement the recommendations in the
reports and develop plans for taking action. The action plans that have
been completed also have been placed in the docket along with the draft
assessment reports, comments on the draft reports, and the final
assessment reports. (Note: These reports and action plans have been
posted on EPA's Web site since they have been received by the Agency.
Thus, these reports and action plans have already been publicly
available.) Additional action plans will be posted to EPA's Web site as
they become available (but in the absence of further EPA action, will
not be considered part of the rulemaking record). Should facilities
fail to take sufficient measures, EPA will take additional action, if
the circumstances warrant, and will be devoting special attention to
those facilities receiving a ``poor'' or ``unsatisfactory'' rating.
Some companies have claimed that certain information they have
provided to EPA related to their coal ash impoundments is CBI. While
EPA reviews these claims, the information that is claimed as CBI is
redacted (removed) from the coal ash reports. If these claims are
accepted by EPA, the information will remain redacted. If EPA denies
these claims, the information will be made publicly available and
posted to EPA's Web site.
C. Conclusion
The Agency solicits comments on this information, including the
extent to which both the CCR surface impoundment information collection
request responses and assessment materials on the structural integrity
of these impoundments should be factored into EPA's final rule on the
Disposal of Coal Combustion Residuals from Electric Utilities.
Dated: October 13, 2010.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 2010-26657 Filed 10-20-10; 8:45 am]
BILLING CODE 6560-50-P