EPA Rule Making

U.S. Office of Surface Mining, Mid-Continent Region
CCB Information Network
EPA Rule Making

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Current Information from EPA

EPA CCB Rulemaking Investigations
EPA Website on data gathering efforts prior to rulemaking on CCB placement at mine sites - http://www.epa.gov/epaoswer/other/fossil/index.htm

Page updated July 27, 2006

History:

March 1, 2006 The National Research Council released to the Public its final report “Managing Coal Combustion Residues in Mines.” Based on the news release of the National Academy of Sciences (NAS), putting coal ash back into mines for reclamation is a viable option for disposal, as long as precautions are taken to protect the environment and public health. The report also acknowledged that CCR's could serve a useful purpose in mine reclamation, lessen the need for new landfills, and potentially neutralize acid mine drainage. The report recommends development of enforceable Federal standards that give the States authority to permit the use of CCR's at mines but allows them to adopt requirements for local conditions. Copies of the report are available by contacting the National Academy press at 1-800-624-6242 or on the Internet at http://www.nap.edu/topics.php?topic=369
July 6, 2004 National Academy of Science Study of CCB Placement at Mines In response to a request from Congress, the National Research Council is conducting a study that will examine the health, safety, and environmental risks associated with using coal combustion wastes (CCW) for reclamation in active and abandoned coal mines. The study will be conducted under the auspices of the Committee on Earth Resources of the Board on Earth Sciences and Resources. The study will look at the placement in abandoned and active, surface and underground coal mines in all major coal basins. The study will consider coal mines receiving large quantities coal combustion wastes. The committee will focus its efforts on coal combustion wastes from utility power plants and independent power producers, rather than small business, industries, and institutions. A profile of the utility industry will be taken into consideration in designing the study to focus on the sources producing the greatest quantities of coal combustion wastes. The study will determine whether CCW were placed and disposed of in coal mines with inadequate safeguards and whether this activity is degrading water supplies in coal mines in contravention of SMCRA.

Initial Meeting: October 27, 2004 Washington, DC

Field Trips to the following: December 6, 7, 8, 2004 in New Mexico; January 6, 7, 8, 2005 in Texas; March 7, 8, 9, 2005 in Indiana; April 18, 19, 20, 2005 in Pennsylvania

Report Writing: May 10, 11, 12, 2005; July 6, 7, 8, 2005

Final Report due by Late 2005.
March 23, 2004 EPA Initiates Series of Public “Listening” Meetings on Coal Combustion By-Products In addition to the information already received from industry, individuals, citizen groups, and state and federal regulators, EPA is holding “listening” meetings to learn more from the interested public about the use and disposal of coal combustion byproducts. The Agency remains concerned about the disposal of coal combustion byproducts because of the potential for environmental damage; the lack of ground-water protection via monitoring and/or liners; and widely varying State regulatory programs. In order to provide sufficient and practical environmental safeguards, the Agency is holding public meetings to listen and learn about common concerns, practices, and uses of these byproducts. The general public–especially people who live or work at or near facilities that produce or use coal combustion byproducts–are encouraged to attend. People or businesses involved with, concerned about, or otherwise interested in the implementation of federal RCRA standards or the Federal Surface Mining Control and Reclamation Act (SMCRA) also are encouraged to attend. Following are details on the meetings: (1) March 23, 2004, The Nittany Lion Inn, State College, PA (2) April 13, 2004, The Fairmont Dallas Hotel, Dallas, TX; (3) April 22, 2004, Quality Inn, Vincennes, IN (4) May 5, 2004, Wyndam Harrisburg-Hersey, Harrisburg, PA.
September 12-13, 2001 EPA and OSM Tour Illinois CCB placement at underground mine sites. EPA invited OSM technical staff to participate in a tour of Coal Combustion By-Product (CCB) placement associated with underground mining in Illinois. Over three quarters of the CCB placement at mines in the State is associated with the two underground mines visited in the tour. The Illinois Office of Mines and Minerals conducted the tour and provided detailed information on its program for permitting and monitoring CCB placement at mine sites including the comprehensive program for managing its water monitoring data electronically in a GIS data base.

May 15 & 16, 2001 - The InterState Mining Compact Commission (IMCC) and EPA hosted a meeting in St. Louis, Missouri for State and Federal government agencies interested in the upcoming EPA rule making on placement of Coal Combustion By-Products at mine sites. There were 43 participants with EPA, OSM, DOE, and USGS representing the Federal agencies and both mining and solid waste program representatives from 16 States and one Tribe. Presentations included a discussion of EPA plans for rule making, OSM initiatives, research findings, and SMCRA requirements, and a summary of State mining and solid waste regulatory program requirements from about half of the States. IMCC will ultimately provide a written summary of information produced at the meeting. IMCC is proposing that this group become the focus for the review and analysis of information that would be useful in aiding EPA in the development of a draft proposed rule in 2003 concerning the placement of CCBs at mine sites under Subtitle D of RCRA (Solid Waste). Future meetings of the group are proposed, but a new date has not yet been selected. In the interim, EPA will be collecting information on analysis of existing State programs and information gaps in those programs for presentation to the group.

January 19, 2001. Upon consideration of motions to dismiss, separately filed by EPA and the intervenors, the response of the petitioners, and the replies by EPA and the intervenors, on January 19, 2001, the court ordered that the motions to dismiss be granted. Currently, EPA is reviewing national and State-level guidance for the management and use of coal ash. This is in reference to August 21, 2000, when a coalition of environmental groups filed a "petition for review" challenging EPA's regulatory determination, that coal ash should not be managed as hazardous waste [Citizens Coal Council v. EPA, D.C. Cir. No. 00-1379]. The American Coal Ash Association (ACAA) and others filed motions to intervene in the lawsuit and were granted intervenor status by the court.

January 4-5, 2001 EPA and OSM Tour Indiana CCB placement at surface mine sites. EPA invited OSM technical staff to participate in a tour of CCB placement associated with surface mining sites in Indiana. The Indiana Division of Reclamation provided a comprehensive summary of its program for permitting and monitoring CCB placement at surface coal mine sites. Only two mine sites are actively involved in placement of CCBs although most mines are permitted to do so.

September 27, 2000 EPA and OSM tour Pennsylvania and West Virginia CCB placement in Anthracite Mining Regions. Most of the CCB placement in Pennsylvania is associated with small fluidized bed power plants specifically designed to burn waste coal piles from historic pre-SMCRA mining. The highly alkaline ash is utilized to reclaim these pre-SMCRA mine sites and reduce the acid mine drainage produced on these sites.

August 22, 2000 - From: Greenwire/Coal Waste: Enviros Ask Court To Review EPA Decision

A coalition of environmental and health groups asked a Federal court yesterday to review the U.S. EPA's decision earlier this year not to classify waste from coal-fired utility plants as "hazardous."

The Clean Air Task Force filed a petition with the U.S. Court of Appeals for the District of Columbia, saying waste from utility and manufacturing companies contaminates water supplies and kills fish. The coalition says the industries produce 115 million tons of waste each year, 70 percent of which goes into landfills, waste lagoons and coal mines.

Instead of classifying the waste as hazardous, the EPA decided to seek voluntary standards for coal waste disposal. But the agency said it would seek to regulate the waste if states did not take adequate steps (Reuters/PlanetArk, Aug. 22). -- MB

May 22, 2000 - Fossil Fuels - Final Regulatory Determination (U.S. EPA Office of Solid Waste) - EPA has concluded that fossil fuel combustion wastes do not warrant regulation as hazardous under Subtitle C of RCRA and is retaining the hazardous waste exemption for these wastes. However, the Agency has determined that national non-hazardous waste regulations under RCRA Subtitle D are needed for coal combustion wastes disposed in surface impoundments and landfills and used as minefilling. EPA also concluded beneficial uses of these wastes, other than for minefilling, pose no significant risk and no additional national regulations are needed. This determination affects more than 110 million tons of fossil fuel combustion wastes that are generated each year, virtually all from burning coal.

March 10, 2000 - EPA receives a court approved extension of the deadline for rulemaking to April 10, 2000, in order to allow more time for interagency review of EPA draft rulemaking

September 24, 1999 - The Office of Surface Mining submits comments to EPA that highlight success stories utilizing coal combustion by-products in beneficial applications on abandoned and active coal mining operations, the need for additional data and analysis concerning site specific geologic, hydrologic, and water quality parameters, extends an invitation to EPA to visit both active and abandoned coal mining operations where coal combustion by-products are utilized, and requests an extension of the comment period to ensure that all relevant information concerning the use and disposal of coal combustion by-products at coal mines has been entered into the record prior to analysis and further rulemaking. Copies of this document and comments concerning the submittal should be directed to John Craynon, Chief, Technology Development Staff at (202) 208-2866.

September 20, 1999 - FEDERAL REGISTER 64 FR 50788 - Extension of Public Comment Period to September 24, 1999.

September 7, 1999 - EPA received a court order to re-open the public comment period.

June 11, 1999 - PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL QUALITY COMMENTS ON EPA REPORT TO CONGRESS - A three volume set of comments. Volume 1 is Coal Ash Beneficial Use in Pennsylvania/Coal Ash as a Soil Substitue - Additive at Mine Sites. Volume 2 is Coal Ash Used as Minefill - Placement Not in Contact with Groundwater. Volume 3 is Coal Ash Used as Minefill - Placement In Contact with Ground Water. Copies of this document are available through Roderick A. Fletcher, Director, Bureau of Mining and Reclamation, Pennsylvania Department of Environmental Protection, Rachel Carson State Office Building, P.O. Box 8461, Harrisburg, PA 17105-8461. By telephone contact Mr. Alfred Dalberto at (717) 783-1507.

FEDERAL REGISTER 64 FR 31170 JUNE 10, 1999 - Extension of Public Comment Period to June 14, 1999.

EPA REPORT TO CONGRESS ON FOSSIL FUEL WASTE APRIL 28, 1999 - Includes chapters on Risk Analysis, Types of Waste, Executive Summary, Revised Groundwater Analysis, Human Health Risk Analysis, Existing State Regulations, Potential Damage Cases, Industry Statistics and Management Practices, Waste Characterization, Cost and Economic Impact Analysis, Summary of CMTP Sensitivity, and Transcript of Hearing.

FEDERAL REGISTER 64 FR 22820 APRIL 28, 1999 : Notice of Availability for the EPAs Report to Congress on Fossil Fuel Combustion Wastes not previously studied including oil, natural gas, and certain coal combustion wastes. Its purpose is to determine whether the remaining fossil fuel combustion wastes should retain their exemption from hazardous waste regulations referred to as the Bevill Exemption. Of potential concern to the mining community, EPA states that " The Agency currently has insufficient information on managing fossil fuel combustion wastes in surface and underground mines in order to assess the potential for risks associated with this practice, whether for disposal or beneficial uses such as mine reclamation. The Agency is seeking additional information on this practice from all potential sources, including those commenting on the Report to Congress, in order to determine whether additional controls are appropriate."