Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Legacy CCR Surface Impoundments; Correction, 88694-88695 [2024-25751]

Download as PDF 88694 Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Proposed Rules 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. Therefore, this action is not subject to Executive Order 13045 because it is merely proposing a limited approval and limited disapproval of state law as meeting federal requirements. Furthermore, the EPA’s Policy on Children’s Health does not apply to this action. H. Executive Order 13211: Actions 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. ddrumheller on DSK120RN23PROD with PROPOSALS1 I. National Technology Transfer and Advancement Act (NTTAA) Section 12(d) of the NTTAA directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The EPA believes that this action is not subject to the requirements of section 12(d) of the NTTAA because application of those requirements would be inconsistent with the CAA. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Population Executive Order 12898 (Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations, 59 FR 7629, February 16, 1994) directs Federal agencies to identify and address ‘‘disproportionately high and adverse human health or environmental effects’’ of their actions on communities with environmental justice (EJ) concerns to the greatest extent practicable and permitted by law. EPA defines EJ as ‘‘the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.’’ EPA further defines the term fair treatment to mean that ‘‘no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental, and commercial operations or programs and policies.’’ The State did not evaluate environmental justice considerations as VerDate Sep<11>2014 16:07 Nov 07, 2024 Jkt 265001 part of its SIP submittal; the CAA and applicable implementing regulations neither prohibit nor require such an evaluation. EPA did not perform an EJ analysis and did not consider EJ in this action. Due to the nature of the action being taken here, this action is expected to have a neutral to positive impact on the air quality of the affected area. Consideration of EJ is not required as part of this action, and there is no information in the record inconsistent with the stated goal of Executive Order 12898 of achieving EJ for communities with EJ concerns. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: November 2, 2024. Martha Guzman Aceves, Regional Administrator, Region IX. [FR Doc. 2024–25947 Filed 11–7–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 257 [EPA–HQ–OLEM–2020–0107; FRL–7814.1– 01–OLEM] RIN 2050–AH34 Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Legacy CCR Surface Impoundments; Correction Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA or the Agency) is proposing to correct three errors published in the Federal Register on May 8, 2024. This May 8, 2024 rule (Legacy Final Rule) established regulatory requirements for legacy coal combustion residuals (CCR) surface impoundments and CCR management units, among other things, under the Resource Conservation and Recovery Act (RCRA). This proposal seeks comment on issues discussed in the direct final rule to correct three errors in the Legacy Final Rule. DATES: Comments must be received on or before December 9, 2024. ADDRESSES: You may send comments, identified by Docket ID No. EPA–HQ– SUMMARY: PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 OLEM–2020–0107, by any of the following methods: • Federal eRulemaking Portal: https://www.regulations.gov/ (our preferred method). Follow the online instructions for submitting comments. • Mail: U.S. Environmental Protection Agency, EPA Docket Center, Office of Land and Emergency Management (OLEM) Docket, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460. • Hand Delivery or Courier (by scheduled appointment only): EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. The Docket Center’s hours of operations are 8:30 a.m.–4:30 p.m., Monday–Friday (except Federal Holidays). Instructions: All submissions received must include the Docket ID No. for this rulemaking. Comments received may be posted without change to https:// www.regulations.gov/, including any personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the ‘‘Public Participation’’ heading of the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: For questions concerning this proposal, contact Taylor Holt, Office of Resource Conservation and Recovery, Materials Recovery and Waste Management Division, Environmental Protection Agency, 1200 Pennsylvania Avenue NW, MC: 5304T, Washington, DC 20460; telephone number: (202) 566– 1439; email address: Holt.Taylor@ epa.gov, or Frank Behan, Office of Resource Conservation and Recovery, Materials Recovery and Waste Management Division, Environmental Protection Agency, 1200 Pennsylvania Avenue NW, MC: 5304T, Washington, DC 20460; telephone number: (202) 566–0531; email address: Behan.Frank@ epa.gov. For more information on this rulemaking please visit https:// www.epa.gov/coalash. SUPPLEMENTARY INFORMATION: I. Public Participation—Written Comments Submit your comments, identified by Docket ID No. EPA–HQ–OLEM–2020– 0107, at https://www.regulations.gov (our preferred method), or the other methods identified in the ADDRESSES section. Once submitted, comments cannot be edited or removed from the docket. EPA may publish any comment received to its public docket. Do not submit to EPA’s docket at https:// www.regulations.gov any information E:\FR\FM\08NOP1.SGM 08NOP1 Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Proposed Rules 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. 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 https:// www.epa.gov/dockets/commenting-epadockets. II. General Information A. Does this action apply to me? This rule may be of interest to electric utilities and independent power producers that fall within the North American Industry Classification System (NAICS) code 221112. The reference to NAICS code 221112 is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. This discussion lists the types of entities that EPA is now aware could potentially be regulated by this action. Other types of entities not described here could also be regulated. To determine whether your entity is regulated by this action, you should carefully examine the applicability criteria found in 40 CFR 257.50 of title 40 of the Code of Federal Regulations. If you have questions regarding the applicability of this action to a particular entity, consult the persons listed in the FOR FURTHER INFORMATION CONTACT section. ddrumheller on DSK120RN23PROD with PROPOSALS1 B. What action is the Agency taking? EPA is proposing to correct errors in the Legacy Final Rule published in the Federal Register on May 8, 2024, which established regulatory requirements for legacy CCR surface impoundments and CCR management units (CCRMU). In the ‘‘Rules and Regulations’’ section of this Federal Register, EPA has also published a direct final rule for this same action because the Agency views this as a noncontroversial action and anticipates no adverse comment. EPA has explained the reasons for this in the preamble to the direct final rule. This proposed rule provides an opportunity for the public to comment on the issues discussed in the preamble to the direct final rule. VerDate Sep<11>2014 16:07 Nov 07, 2024 Jkt 265001 In light of the narrow purpose of this rule to conform the regulatory text to the final actions described in the Legacy Final Rule, EPA is only soliciting comment on whether the changes in the direct final rule conform the text to EPA’s stated intent in the Legacy Final Rule preamble. EPA is not reconsidering, proposing to reopen, or otherwise soliciting comment on any provisions of the Legacy Final Rule itself. For the reader’s convenience, EPA has provided a background description of individual provisions in the Legacy Final Rule in several places throughout the direct final rule preamble. These descriptions do not reopen the underlying described provisions, but merely explain the context to inform the public of the basis for this action’s technical corrections. EPA will not respond to comments submitted on any issues other than those specifically identified in the direct final rule, and such comments will not be considered part of the rulemaking record. If EPA receives no adverse comment on the corrections in the direct final rule, the Agency will not take further action on this proposed rule and the direct final rule will become effective as provided in that action. If EPA does receive adverse comment, EPA will publish a timely withdrawal in the Federal Register informing the public about the specific regulatory paragraph(s) or amendment(s) in the direct final rule that will not take effect. The corrections in the direct final rule that are not withdrawn will become effective on the date set out above. EPA will address all public comments in any subsequent final rule based on this proposed rule. EPA does 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 proposed rule see the ADDRESSES section of this document. C. What is the Agency’s authority for taking this action? EPA is publishing this rulemaking under the authority of sections 1008(a)(3), 2002(a), 4004, and 4005(a), (d) 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) and the Water Infrastructure Improvements for the Nation (WIIN) Act of 2016, 42 U.S.C. 6907(a), 6912(a), 6944, 6945(a) and (d). PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 88695 D. 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 this 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. III. Statutory and Executive Order (E.O.) 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. Michael S. Regan, Administrator. [FR Doc. 2024–25751 Filed 11–7–24; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 14 and 64 [WC Docket Nos. 23–62, 12–375; Report No. 3221; FR ID 258977] Incarcerated People’s Communication Services; Implementation of the Martha Wright-Reed Act; Rates for Interstate Inmate Calling Services Federal Communications Commission. ACTION: Notice of Petitions for Reconsideration of Action in Rulemaking Proceeding. AGENCY: Petitions for Reconsideration (Petitions) have been filed in the Commission’s proceeding by Stephen A. Raher; Zainab Alkebsi on behalf of Deaf Equality and AnnMarie Killian on behalf of TDIAccess; Glenn S. Richards and Lee G. Petro on behalf of Network Communications International Corporation d/b/a NCIC Correctional Services; and Michal J. Nowicki on behalf of HomeWAV, LLC. DATES: Oppositions to the Petitions must be filed on or before November 25, 2024. Replies to oppositions to the Petitions must be filed on or before December 5, 2024. SUMMARY: E:\FR\FM\08NOP1.SGM 08NOP1

Agencies

[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Proposed Rules]
[Pages 88694-88695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25751]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 257

[EPA-HQ-OLEM-2020-0107; FRL-7814.1-01-OLEM]
RIN 2050-AH34


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA or the Agency) is 
proposing to correct three errors published in the Federal Register on 
May 8, 2024. This May 8, 2024 rule (Legacy Final Rule) established 
regulatory requirements for legacy coal combustion residuals (CCR) 
surface impoundments and CCR management units, among other things, 
under the Resource Conservation and Recovery Act (RCRA). This proposal 
seeks comment on issues discussed in the direct final rule to correct 
three errors in the Legacy Final Rule.

DATES: Comments must be received on or before December 9, 2024.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OLEM-2020-0107, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/ 
(our preferred method). Follow the online instructions for submitting 
comments.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Office of Land and Emergency Management (OLEM) Docket, Mail 
Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
     Hand Delivery or Courier (by scheduled appointment only): 
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution 
Avenue NW, Washington, DC 20004. The Docket Center's hours of 
operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal 
Holidays).
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received may be posted without change 
to https://www.regulations.gov/, including any personal information 
provided. For detailed instructions on sending comments and additional 
information on the rulemaking process, see the ``Public Participation'' 
heading of the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For questions concerning this 
proposal, contact Taylor Holt, Office of Resource Conservation and 
Recovery, Materials Recovery and Waste Management Division, 
Environmental Protection Agency, 1200 Pennsylvania Avenue NW, MC: 
5304T, Washington, DC 20460; telephone number: (202) 566-1439; email 
address: [email protected], or Frank Behan, Office of Resource 
Conservation and Recovery, Materials Recovery and Waste Management 
Division, Environmental Protection Agency, 1200 Pennsylvania Avenue NW, 
MC: 5304T, Washington, DC 20460; telephone number: (202) 566-0531; 
email address: [email protected]. For more information on this 
rulemaking please visit https://www.epa.gov/coalash.

SUPPLEMENTARY INFORMATION:

I. Public Participation--Written Comments

    Submit your comments, identified by Docket ID No. EPA-HQ-OLEM-2020-
0107, at https://www.regulations.gov (our preferred method), or the 
other methods identified in the ADDRESSES section. Once submitted, 
comments cannot be edited or removed from the docket. EPA may publish 
any comment received to its public docket. Do not submit to EPA's 
docket at https://www.regulations.gov any information

[[Page 88695]]

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

II. General Information

A. Does this action apply to me?

    This rule may be of interest to electric utilities and independent 
power producers that fall within the North American Industry 
Classification System (NAICS) code 221112. The reference to NAICS code 
221112 is not intended to be exhaustive, but rather provides a guide 
for readers regarding entities likely to be regulated by this action. 
This discussion lists the types of entities that EPA is now aware could 
potentially be regulated by this action. Other types of entities not 
described here could also be regulated. To determine whether your 
entity is regulated by this action, you should carefully examine the 
applicability criteria found in 40 CFR 257.50 of title 40 of the Code 
of Federal Regulations. If you have questions regarding the 
applicability of this action to a particular entity, consult the 
persons listed in the FOR FURTHER INFORMATION CONTACT section.

B. What action is the Agency taking?

    EPA is proposing to correct errors in the Legacy Final Rule 
published in the Federal Register on May 8, 2024, which established 
regulatory requirements for legacy CCR surface impoundments and CCR 
management units (CCRMU).
    In the ``Rules and Regulations'' section of this Federal Register, 
EPA has also published a direct final rule for this same action because 
the Agency views this as a noncontroversial action and anticipates no 
adverse comment. EPA has explained the reasons for this in the preamble 
to the direct final rule. This proposed rule provides an opportunity 
for the public to comment on the issues discussed in the preamble to 
the direct final rule.
    In light of the narrow purpose of this rule to conform the 
regulatory text to the final actions described in the Legacy Final 
Rule, EPA is only soliciting comment on whether the changes in the 
direct final rule conform the text to EPA's stated intent in the Legacy 
Final Rule preamble. EPA is not reconsidering, proposing to reopen, or 
otherwise soliciting comment on any provisions of the Legacy Final Rule 
itself. For the reader's convenience, EPA has provided a background 
description of individual provisions in the Legacy Final Rule in 
several places throughout the direct final rule preamble. These 
descriptions do not reopen the underlying described provisions, but 
merely explain the context to inform the public of the basis for this 
action's technical corrections. EPA will not respond to comments 
submitted on any issues other than those specifically identified in the 
direct final rule, and such comments will not be considered part of the 
rulemaking record.
    If EPA receives no adverse comment on the corrections in the direct 
final rule, the Agency will not take further action on this proposed 
rule and the direct final rule will become effective as provided in 
that action. If EPA does receive adverse comment, EPA will publish a 
timely withdrawal in the Federal Register informing the public about 
the specific regulatory paragraph(s) or amendment(s) in the direct 
final rule that will not take effect. The corrections in the direct 
final rule that are not withdrawn will become effective on the date set 
out above. EPA will address all public comments in any subsequent final 
rule based on this proposed rule.
    EPA does 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 proposed rule see the 
ADDRESSES section of this document.

C. What is the Agency's authority for taking this action?

    EPA is publishing this rulemaking under the authority of sections 
1008(a)(3), 2002(a), 4004, and 4005(a), (d) 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) and the Water Infrastructure Improvements for the Nation 
(WIIN) Act of 2016, 42 U.S.C. 6907(a), 6912(a), 6944, 6945(a) and (d).

D. 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 
this 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.

III. Statutory and Executive Order (E.O.) 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.

Michael S. Regan,
Administrator.
[FR Doc. 2024-25751 Filed 11-7-24; 8:45 am]
BILLING CODE 6560-50-P
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