- WEB EXCLUSIVE
- PE COFFEEHAUS
Under the first proposal, the EPA reversed its August 1993 and May 2000 Bevill regulatory determinations regarding CCRs, rather listing fly ash as a special waste subject to regulation under subtitle C of the Resource Conservation and Recovery Act (RCRA), when they are destined for disposal in landfills and surface impoundments. Under the second proposal, the agency would rather eave the Bevill Regulatory Determinations in place, and regulate the disposal of such materials under subtitle D of RCRA by issuing national minimum criteria.
The agency also produced a table comparing the two options, which is reproduced below:
Key Differences Between Subtitle C and Subtitle D Options
|SUBTITLE C||SUBTITLE D|
|Effective Date||Timing will vary from state to state, as each state must adopt the rule individually-can take 1 – 2 years or more||Six months after final rule is promulgated for most provision: certain provisions have a longer effective date|
|Enforcement||State and Federal enforcement||Enforcement through citizen suits; States can act as citizens.|
|Corrective Action||Monitored by authorized States and EPA||Self-implementing|
|Financial Assurance||Yes||Considering subsequent rule using CERCLA 108 (b) Authority|
|Permit Issuance||Federal requirement for permit issuance by States||No|
|Requirements for Storage, Including Containers, Tanks, and Containment Buildings||Yes||No|
|Surface Impoundments Built Before Rule is Finalized||Remove solids and meet land disposal restrictions; retrofit with a liner within five years of effective date. Would effectively phase out use of existing surface impoundments||Must remove solids and retrofit with a composite liner or cease receiving CCRs within 5 years of effective date and close the unit|
|Surface Impoundments Built After Rule is Finalized||Must meet Land Disposal Restrictions and liner requirements. Would effectively phase out use of new surface impoundments.||Must install composite liners. No Land Disposal Restrictions|
|Landfills Built Before Rule is Finalized||No liner requirements, but require groundwater monitoring||No liner requirements, but require groundwater monitoring|
|Landfills Built After Rule is Finalized||Liner requirements and groundwater monitoring||Liner requirements and groundwater monitoring|
|Requirements for Closure and Post-Closure Care||Yes; monitored by States and EPA||Yes; self-implementing|
The agency also extended the deadline for commenting on the fly ash rule to Nov. 19, 2010, and scheduled two additional public hearings.
Read the proposed rule: www.epa.gov/epawaste/nonhaz/industrial/special/fossil/ccr-rule/index.htm
SOURCE: Federal Register notice.