EPA’s Notice of Data Availability for its Reconsideration of Beneficial Use Criteria and Piles

On March 12, 2021, EPA issued a notice to reopen the comment period for its recently published notice of data availability (NODA) and a request for additional information to reconsider its definition of “beneficial use” and its provisions for coal combustion residuals (CCR) piles. Previously, EPA proposed to eliminate the mass-based numerical threshold for beneficial use and replace it with specific location-based criteria. EPA also proposed a single approach for piles regardless of where they are located and whether they are intended for disposal or for beneficial use. Through the NODA, the agency is providing information received after the close of the initial comment period and is seeking additional information.

Comments are due on May 11, 2021.

Read the notice here, and the proposal and submit comments here.

Advocacy contact: Tabby Zeb at (202) 205-6790 or email at tayyaba.zeb@sba.gov.