On November 14, 2023, the U.S. Environmental Protection Agency (EPA) published a notice of data availability (NODA) requesting comments on new information and data pertaining to a May 18, 2023, proposed rulemaking on “Disposal of Coal Combustion Residuals (CCR) from Electric Utilities; Legacy CCR Surface Impoundments.”
The May proposal establishes regulatory requirements for inactive surface impoundments at inactive facilities (legacy CCR surface impoundments). The Office of Advocacy submitted comments to EPA on the May rule, noting that the agency relied on information evaluating active CCR impoundments in operation as opposed to inactive facilities. To remedy this, Advocacy recommended that EPA use the information it had received on legacy CCR impoundments to develop an additional risk assessment.
The new information includes a “Draft Risk Assessment of Coal Combustion Materials Legacy Impoundments and CCR Management Units.” EPA is also seeking comment on data or analyses that were received during the comment period for the 2023 proposed rule as well as further EPA research conducted both during and after the close of the comment period.
Comments on the NODA are due December 11, 2023.
Visit federalregister.gov to read the NODA and submit comments on the proposal.
Advocacy contact: Send an email to Nick Goldstein at nick.goldstein@sba.gov.