On October 12, 2011, EPA issued a notice of data availability (“NODA”) seeking comment on information obtained by EPA in connection with their proposed rule: Hazardous and Solid Waste Management System; Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals from Electric Utilities (“2010 Proposed Rule”).  This information includes data and analyses received during the comment period for the 2010 Rule and information from EPA research during and after the comment period for the 2010 Rule.

EPA is soliciting comments on the following information:

  • Chemical constituent data on coal combustion residuals (“CCRs”) as provided by commenters;
  • Facility and waste management data, including U.S. Department of Energy/Energy Information Agency reports on the Nonutility Energy Balance and Annual Environmental Information Data;
  • Reports concerning alleged damage cases from the management of CCRs;
  • New Analyses of state programs, submitted by Earthjustice, Environmental Integrity Project, Sierra Club, Natural Resources Defense Council, Southern Alliance for Clean energy, Southern Environmental Law Center and Physicians for Social Responsibility;
  • Data and factual information on the beneficial reuse of CCR; and
  • New information and potential modeling analyses to update and enhance risk assessments that EPA prepared in support of the 2010 Proposed Rule.

EPA is not reopening the comment period on any other portion of the 2010 Proposed Rule other than the additional information noted above.  Comments responding to the NODA which address issues outside the scope of the indicated issues will be treated as “late comments” and will not be considered as part of the rulemaking record.

A copy of the NODA is available here.