Notice of Regulatory Determination on Wastes From the Combustion of Fossil Fuels

This document explains EPA's determination of whether regulation of fossil fuel combustion wastes is warranted under subtitle C of the Resource Conservation and Recovery Act (RCRA). Today's action applies to all remaining fossil fuel combustion wastes other than high volume coal combustion wastes generated at electric utilities and independent power producing facilities and managed separately, which were addressed by a 1993 regulatory determination. These include: Large-volume coal combustion wastes generated at electric utility and independent power producing facilities that are co-managed together with certain other coal combustion wastes; coal combustion wastes generated by non-utilities; coal combustion wastes generated at facilities with fluidized bed combustion technology; petroleum coke combustion wastes; wastes from the combustion of mixtures of coal and other fuels (i.e., co-burning); wastes from the combustion of oil; and wastes from the combustion of natural gas. The Agency has concluded these wastes do not warrant regulation under subtitle C of RCRA and is retaining the hazardous waste exemption under RCRA section 3001(b)(3)(C). However, EPA has also determined national regulations under subtitle D of RCRA are warranted for coal combustion wastes when they are disposed in landfills or surface impoundments, and that regulations under subtitle D of RCRA (and/or possibly modifications to existing regulations established under authority of the Surface Mining Control and Reclamation Act (SMCRA)) are warranted when these wastes are used to fill surface or underground mines. So that coal combustion wastes are consistently regulated across all waste management scenarios, the Agency also intends to make these national regulations for disposal in surface impoundments and landfills and minefilling applicable to coal combustion wastes generated at electric utility and independent power producing facilities that are not co-managed with low volume wastes,. The Agency