Fossil Fuel Combustion (FFC) Waste Legislative and Regulatory Time Line

Highlights

August 24, 2007 - Notice of Data Availability on the Disposal of Coal Combustion Waste in Landfills and Surface Impoundments
March 06, 2007 - Placement of Coal Combustion Byproducts in Active and Abandoned Coal Mines; Advanced Notice of Proposed Rule (72 FR 12025)
- Office of Surface Mining Press Release (PDF) (2 pp, 45K) Office of Surface Mining Reclamation and Enforcement (OSM), Interior
- FR Notice (PDF) (6 pp, 122K)

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March 1, 2006— National Academy of Sciences (NAS) issues a report on the placement of CCWs in coal mines. NAS recommends that the Office of Surface Mining (OSM) take the lead in developing standards under SMCRA. EPA is working with OSM as they amend the SMCRA regulations to better address minefilling in active coal mines as well as federally-funded abandoned mines.
NAS report
March 23 - May 5, 2004—EPA holds four public meetings to learn more about the use and disposal of coal combustion byproducts. The Agency remains concerned about coal combustion byproducts because of the potential for environmental damage, the lack of groundwater protection via monitoring and/or liners, and widely varying state regulatory programs.
May 19-20, 2003—EPA holds a stakeholders meeting on Minefill Practices for Coal Combustion Residue at EPA headquarters in Washington, DC. The meeting is attended by representatives from citizen and environmental interest groups, industry, states, and federal agencies. For additional information, see:
- Agenda (PDF) (3 pp, 38K)
- Attendees (PDF) (3 pp, 39K)
- Summary (PDF) (37 pp, 152K)
September 2001 to October 2002—EPA conducts site visits to nine states to collect information regarding the regulation of coal combustion waste (CCW) minefill management practices within those states. EPA also visits the Navajo Nation to discuss the tribe's concerns over regulatory jurisdiction and the development of monitoring and reclamation regulations for CCW placement on tribal land. For additional information, see:
- Minefill Management Practices Discussion Guide, Draft (October 22, 2001) (PDF) (9 pp, 152K)
  This document was prepared to guide information collection discussions with state and tribal mining regulatory authorities on coal combustion waste (CCW) minefill management practices. It is not a proposed model for CCW minefill regulation.
May 2001 through October 2002—The Interstate Mining Compact Commission (IMMC) conducts four Mine Placement of Coal Combustion Waste Meetings between state and tribal mining regulators, other federal agencies, and EPA in order to collect and analyze technical and regulatory information related to minefilling of coal combustion waste (CCW). For additional information, see:
May 22, 2000—EPA publishes a Regulatory Determination on Wastes from the Combustion of Fossil Fuels in the Federal Register. EPA concludes that the remaining fossil fuel combustion wastes do not warrant regulation as hazardous waste under Subtitle C of RCRA and is retaining the hazardous waste exemption for these wastes. However, EPA determines 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 fill in surface or underground mines (minefill). EPA further determines that beneficial uses of these wastes, other than for minefilling, pose no significant risk and no additional national regulations are needed. For additional information, see:
- Regulatory Determination on Wastes from the Combustion of Fossil Fuels: Final Rule (65 FR 32214) | PDF Version (25 pp, 321K)
- Environmental Fact Sheet: Regulatory Determination for Wastes from the Combustion of Fossil Fuels (PDF) (2 pp, 15K)
- Public Comment Summary and Response Document (PDF) (607 pp, 1.3 MB)
March 31, 1999—EPA submits a Report to Congress on Wastes from the Combustion of Fossils Fuels which addresses the remaining wastes not addressed in the February 1988 Report to Congress. For additional information, see:
August 9, 1993—EPA publishes its Part 1 Regulatory Determination for large-volume utility coal combustion wastes in the Federal Register (58 FR 42466). EPA determines that fly ash, bottom ash, boiler slag, and flue gas emission control dust from coal burning utilities do not warrant regulation under Subtitle C and remain excluded from the definition of hazardous waste under RCRA §261.4(b)(4). EPA also decides it requires more time to research the remaining wastes to make an appropriate determination.
June 30, 1992—EPA enters into a consent decree establishing a schedule to complete all regulatory determinations (i.e., large-volume and remaining wastes). To accomplish this, EPA divides FFC wastes into two categories: (1) fly ash, bottom ash, boiler slag, and flue gas emission control waste from the combustion of coal by electric utilities and independent power producers, and (2) all the remaining wastes identified by Congress in sections 3001(b) and 8002(n) of RCRA.
June 1991—The Bull Run Coalition (an Oregon citizens group) files a suit against EPA for failure to complete a regulatory determination on the wastes studied in the 1988 Report to Congress and the other remaining wastes not studied.
August 31, 1988—EPA misses the statutory deadline for making a regulatory determination on the wastes studied in its February 1988 Report to Congress.
February 1988—EPA submits a Report to Congress on Wastes from the Combustion of Coal by Electric Utility Power Plants (EPA530-SW-88-002). This report only addresses wastes generated from the combustion of coal by electric utility power plants, and fails to address comanaged utility coal combustion wastes, other fossil fuel combustion wastes, and wastes from non-utility boilers.
October 31, 1982—EPA misses the statutory deadline for submitting its FFC waste Report to Congress.
November 11, 1980—EPA promulgates interim final amendments to the hazardous waste regulations in the Federal Register (45 FR 76618). This FR notice includes an exclusion for fossil fuel combustion wastes from the definition of hazardous waste (§261.4(b)(4)).
October 12, 1980—Congress enacts the Solid Waste Disposal Act Amendments of 1980 (Public Law 96-482) which amends RCRA. Among the amendments, Section 3001(b)(3)(A)(i-iii)—frequently referred to as the Bevill Amendment—temporarily exempts three special wastes from hazardous waste regulation until further study can be completed. Section(b)(3)(A)(iii) specifically exempts "fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels." At the same time Section 8002(n) requires EPA to study these wastes and submit a Report to Congress evaluating the adverse effects on human health and the environment, if any, from the disposal and utilization of these wastes by October 1982. EPA is also required to make a regulatory determination (within six months of the completing the Report to Congress) as to whether FFC wastes warrant regulation under RCRA Subtitle C or some other set of regulations.
December 18, 1978—EPA publishes the first set of proposed hazardous waste management standards in the Federal Register (43 FR 58946). This FR notice includes a proposal to exempt six categories of "special wastes" from the RCRA Subtitle C regulations until further study can be completed. Wastes from the combustion of fossil fuels are included as one of the six special wastes.
October 21, 1976—Congress passes the Resources Conservation and Recovery Act (RCRA) (Public Law 94-580) which requires EPA to develop regulations governing the identification and management of hazardous waste.

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Fossil Fuel Combustion (FFC) Waste Legislative and Regulatory Time Line

Highlights

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