On August 23, 2007, EPA Assistant Administrator for the Office of Solid Waste and Emergency Response, Susan Bodine, signed a NODA on the Disposal of Coal Combustion Waste (CCW). The NODA conveys new information received since the Agency issued its May 2000 Regulatory Determination on coal combustion waste. EPA will accept comment on the new information as it pertains to future decisions on the disposal of CCW. The 2000 Regulatory Determination recommended CCW remain excluded from federal hazardous waste management, but indicated the Agencys commitment to review CCW for potential management under the federal Criteria for Solid Waste Landfills, RCRA Subtitle D. This NODA is part of that continuing review, and pertains only to CCW disposed of in landfills and surface impoundments. A prepublication copy of the NODA is available and is expected to be published in the Federal Register presently. Additional information is available at:
The NODA contains the following new information:
Information on management of CCW in landfills and surface impoundments.
A joint study with the Department of Energy (DOE) on the disposal of CCW in landfills and surface impoundments established between 1994 and 2004;
An assessment of environmental damage cases resulting from disposal of CCW in landfills and surface impoundments.
A draft risk assessment conducted by EPA on the management of CCW in landfills and surface impoundments.
Information on various approaches is being placed in the regulatory docket:
A February 2004 Petition for Rulemaking submitted by the Clean Air Task Force and the Hoosier Environmental Council, jointly with a number of citizens groups to prohibit the placement or disposal of CCW into ground and surface water
Two suggested approaches for managing CCW in landfills and surface impoundments
A Voluntary Action Plan that was formulated by the electric utility industry through their trade association, the Utility Solid Waste Activities Group (USWAG)
A proposed framework prepared by a number of citizens groups for federal regulation of CCW generated by U.S. coal-fired power plants and disposed of in landfills and surface impoundments under Subtitle D of RCRA.