Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Extension of Compliance Deadlines for Certain Inactive Surface Impoundments; Response to Partial Vacatur, 51838-51839 [2016-18325]

Download as PDF 51838 Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Proposed Rules List of Subjects in 38 CFR Part 1 Administrative practice and procedure, Archives and records, Cemeteries, Claims, Courts, Crime, Flags, Freedom of information, Government contracts, Government employees, Government property, Infants and children, Inventions and patents, Parking, Penalties, Postal Service, Privacy, Reporting and recordkeeping requirements, Seals and insignia, Security measures, Wages. Dated: August 2, 2016. Janet J. Coleman, Chief, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs. For the reasons set out in the preamble, Department of Veterans Affairs proposes to amend 38 CFR part 1 as follows: PART 1—GENERAL PROVISIONS 1. The authority citation for part 1 continues to read as follows: ■ Authority: 38 U.S.C. 501(a), and as noted in specific sections. 2. Amend § 1.460 by: a. Revising the last sentence of the definition of ‘‘Infection with the human immunodeficiency virus (HIV).’’ ■ b. Revising the definition of ‘‘Patient.’’ ■ c. Revising the definition of ‘‘Treatment.’’ The revisions read as follows: ■ ■ § 1.460 Definitions. mstockstill on DSK3G9T082PROD with PROPOSALS * * * * * Infection with the human immunodeficiency virus (HIV). * * * The term does not include negative results from the testing of an individual for the presence of the virus or antibodies to the virus, or such testing of an individual where the results are negative. * * * * * Patient. The term ‘‘patient’’ means any individual or subject who has been given a diagnosis or treatment for drug abuse, alcoholism or alcohol abuse, infection with the human immunodeficiency virus, or sickle cell anemia and includes any individual who, after arrest on a criminal charge, is interviewed and/or tested in connection with drug abuse, alcoholism or alcohol abuse, infection with the human immunodeficiency virus, or sickle cell anemia in order to determine that individual’s eligibility to participate in a treatment or rehabilitation program if the result of such testing is positive. The term ‘‘patient’’ includes an individual who has been diagnosed or treated for VerDate Sep<11>2014 16:15 Aug 04, 2016 Jkt 238001 alcoholism, drug abuse, HIV infection, or sickle cell anemia for purposes of participation in a VA program or activity relating to those four conditions, including a program or activity consisting of treatment, rehabilitation, education, training, evaluation, or research. For the purpose of infection with the human immunodeficiency virus or sickle cell anemia, the term ‘‘patient’’ includes one tested positive for the disease even if no treatment is provided, offered, or requested. The term does not include a patient who has tested negative for the disease. * * * * * Treatment. The term ‘‘treatment’’ means the management and care of a patient for drug abuse, alcoholism or alcohol abuse, or the diagnosis, management and care of a patient for infection with the human immunodeficiency virus, or sickle cell anemia, or a condition which is identified as having been caused by one or more of these conditions, in order to reduce or eliminate the adverse effects upon the patient. The term does not include negative test results for the human immunodeficiency virus, antibodies to the virus, or sickle cell anemia, or such testing of an individual where the results are negative.’’ * * * * * ■ 3. Revising § 1.461(a)(1)(i) to read as follows. § 1.461 Applicability. (a) * * * (1) * * * (i) Would identify a patient as an alcohol or drug abuser, an individual who tested positive for or is infected with the human immunodeficiency virus (HIV), hereafter referred to as HIV, or an individual who tested positive for or has sickle cell anemia, either directly, by reference to other publicly available information, or through verification of such an identification by another person; and * * * * * [FR Doc. 2016–18660 Filed 8–4–16; 8:45 am] BILLING CODE 8320–01–P PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 257 [EPA–HQ–OLEM–2016–0274; FRL–9949– 43–OLEM] Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Extension of Compliance Deadlines for Certain Inactive Surface Impoundments; Response to Partial Vacatur Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA or the Agency) is proposing to extend for certain inactive coal combustion residuals (CCR) surface impoundments the compliance deadlines established by the regulations for the disposal of CCR under subtitle D of the Resource Conservation and Recovery Act (RCRA). These revisions are being proposed in response to a partial vacatur ordered by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) on June 14, 2016. DATES: Written comments must be received by August 22, 2016. Comments postmarked after the close of the comment period will be stamped ‘‘late’’ and may or may not be considered by the Agency. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OLEM–2016–0274, at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit SUMMARY: E:\FR\FM\05AUP1.SGM 05AUP1 Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Proposed Rules https://www.epa.gov/dockets/ commenting-epa-dockets. For information concerning this proposed rule, contact Steve Souders, Office of Resource Conservation and Recovery, Environmental Protection Agency, 5304P, Washington, DC 20460; telephone number: (703) 308–8431; email address: souders.steve@epa.gov. For more information on this rulemaking please visit https:// www.epa.gov/coalash. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? mstockstill on DSK3G9T082PROD with PROPOSALS This proposed rule applies only to those owners or operators of inactive CCR surface impoundments that meet all three of the following conditions: (1) Complied with the requirement at 40 CFR 257.105(i)(1) by placing in their facility’s written operating record a notification of intent to initiate closure of the CCR unit as required by 40 CFR 257.100(c)(1), no later than December 17, 2015; (2) complied with the requirement at 40 CFR 257.106(i)(1) by providing notification to the relevant State Director and/or appropriate Tribal authority by January 19, 2016, of the intent to initiate closure of the CCR unit; and (3) complied with the requirement at 40 CFR 257.107(i)(1) by placing the notification of intent to initiate closure of the CCR unit on the owner or operator’s publicly accessible CCR Web site no later than January 19, 2016. 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. VerDate Sep<11>2014 16:15 Aug 04, 2016 Jkt 238001 B. Why is EPA issuing this proposed rule? This action proposes to extend the deadlines for the owners and operators of those inactive CCR surface impoundments that had taken advantage of the ‘‘early closure’’ provisions of 40 CFR 257.100, who became newly subject to the rule’s requirements for existing CCR surface impoundments on June 14, 2016 when the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) ordered the vacatur of those provisions. This proposed rule provides time for these owners and operators to bring their units into compliance with the rule’s substantive requirements, but does not otherwise amend the rule or otherwise impose new requirements on those units. In the ‘‘Rules and Regulations’’ section of this Federal Register, we have also published a direct final rule for this same action because we view this as a noncontroversial action and anticipate no adverse comment. We have explained our reason for this in the preamble to the direct final rule. If we receive no adverse comment, we will not take further action on this proposed rule and the direct final rule will become effective as provided in that action. If we do receive adverse comment, we will publish a timely notice in the Federal Register withdrawing the direct final rule and it will not take effect. We will address all public comments in any subsequent final rule based on this proposed rule. We do not intend to institute a second comment period on this action. Any parties interested in commenting must do so at this time, for further information about commenting on this rule see the ADDRESSES section of this document. PO 00000 Frm 00028 Fmt 4702 Sfmt 9990 51839 C. Where is the location of regulatory text for this proposal? The regulatory text for this proposal is identical to that for the direct final rule published in the Rules and Regulations section of the Federal Register. For further supplemental information, the detailed rationale for the proposal, and the regulatory revisions, see the information provided in the direct final rule published in the Rules and Regulations section of this Federal Register. II. Statutory Authority These regulations are established under the authority of sections 1006(b), 1008(a), 2002(a), 4004, and 4005(a) of the Solid Waste Disposal Act of 1970, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA), 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. Statutory and Executive Order (EO) Reviews For a complete discussion of all of the administrative requirements applicable to this action, see the direct final rule in the Rules and Regulations section of this Federal Register. 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: July 26, 2016. Gina McCarthy, Administrator. [FR Doc. 2016–18325 Filed 8–4–16; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\05AUP1.SGM 05AUP1

Agencies

[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)]
[Proposed Rules]
[Pages 51838-51839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18325]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 257

[EPA-HQ-OLEM-2016-0274; FRL-9949-43-OLEM]


Hazardous and Solid Waste Management System: Disposal of Coal 
Combustion Residuals From Electric Utilities; Extension of Compliance 
Deadlines for Certain Inactive Surface Impoundments; Response to 
Partial Vacatur

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA or the Agency) is 
proposing to extend for certain inactive coal combustion residuals 
(CCR) surface impoundments the compliance deadlines established by the 
regulations for the disposal of CCR under subtitle D of the Resource 
Conservation and Recovery Act (RCRA). These revisions are being 
proposed in response to a partial vacatur ordered by the United States 
Court of Appeals for the District of Columbia Circuit (D.C. Circuit) on 
June 14, 2016.

DATES: Written comments must be received by August 22, 2016. Comments 
postmarked after the close of the comment period will be stamped 
``late'' and may or may not be considered by the Agency.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OLEM-2016-0274, at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit

[[Page 51839]]

https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
proposed rule, contact Steve Souders, Office of Resource Conservation 
and Recovery, Environmental Protection Agency, 5304P, Washington, DC 
20460; telephone number: (703) 308-8431; email address: 
souders.steve@epa.gov. For more information on this rulemaking please 
visit https://www.epa.gov/coalash.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    This proposed rule applies only to those owners or operators of 
inactive CCR surface impoundments that meet all three of the following 
conditions: (1) Complied with the requirement at 40 CFR 257.105(i)(1) 
by placing in their facility's written operating record a notification 
of intent to initiate closure of the CCR unit as required by 40 CFR 
257.100(c)(1), no later than December 17, 2015; (2) complied with the 
requirement at 40 CFR 257.106(i)(1) by providing notification to the 
relevant State Director and/or appropriate Tribal authority by January 
19, 2016, of the intent to initiate closure of the CCR unit; and (3) 
complied with the requirement at 40 CFR 257.107(i)(1) by placing the 
notification of intent to initiate closure of the CCR unit on the owner 
or operator's publicly accessible CCR Web site no later than January 
19, 2016.
    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 is EPA issuing this proposed rule?

    This action proposes to extend the deadlines for the owners and 
operators of those inactive CCR surface impoundments that had taken 
advantage of the ``early closure'' provisions of 40 CFR 257.100, who 
became newly subject to the rule's requirements for existing CCR 
surface impoundments on June 14, 2016 when the United States Court of 
Appeals for the District of Columbia Circuit (D.C. Circuit) ordered the 
vacatur of those provisions. This proposed rule provides time for these 
owners and operators to bring their units into compliance with the 
rule's substantive requirements, but does not otherwise amend the rule 
or otherwise impose new requirements on those units. In the ``Rules and 
Regulations'' section of this Federal Register, we have also published 
a direct final rule for this same action because we view this as a 
noncontroversial action and anticipate no adverse comment. We have 
explained our reason for this in the preamble to the direct final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule and the direct final rule will become effective 
as provided in that action. If we do receive adverse comment, we will 
publish a timely notice in the Federal Register withdrawing the direct 
final rule and it will not take effect. We will address all public 
comments in any subsequent final rule based on this proposed rule. We 
do not intend to institute a second comment period on this action. Any 
parties interested in commenting must do so at this time, for further 
information about commenting on this rule see the ADDRESSES section of 
this document.

C. Where is the location of regulatory text for this proposal?

    The regulatory text for this proposal is identical to that for the 
direct final rule published in the Rules and Regulations section of the 
Federal Register. For further supplemental information, the detailed 
rationale for the proposal, and the regulatory revisions, see the 
information provided in the direct final rule published in the Rules 
and Regulations section of this Federal Register.

II. Statutory Authority

    These regulations are established under the authority of sections 
1006(b), 1008(a), 2002(a), 4004, and 4005(a) of the Solid Waste 
Disposal Act of 1970, as amended by the Resource Conservation and 
Recovery Act of 1976 (RCRA), 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. Statutory and Executive Order (EO) Reviews

    For a complete discussion of all of the administrative requirements 
applicable to this action, see the direct final rule in the Rules and 
Regulations section of this Federal Register.

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: July 26, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-18325 Filed 8-4-16; 8:45 am]
 BILLING CODE 6560-50-P
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