Analysis - The Institute for Southern Studies

During EPA’s April 2009 launch of this RIA, EPA defined three other RCRA options which are very similar to the above three options. The
initial set of options is included in EPA’s October, 8 2009 initial draft (165 pages) of this RIA which EPA submitted to OMB for review in
mid-October 2009. The regulatory cost estimation in Chapter 4 and the supplemental analyses in Chapter 7 of this RIA are based on the
initial set of three options, defined as follows:
2009 Option 1: RCRA Subtitle C “hazardous” industrial waste:
Subtitle C provides Federal enforceability.
RCRA Section 3004(x) 27 custom-tailor engineering controls (i.e., technical standards) for CCR disposal units.
Subject CCR to Subtitle C land disposal restriction (LDR) treatment standards prior to disposal:
Dry CCR (landfills): Moisture conditioning and compaction to attain 95% dry density value.
Wet CCR (impoundments): Dewatering and dry disposal within 5 years after rule’s effective date.
2009 Option 2: RCRA Subtitle D “non-hazardous” industrial waste (version 1):
This option is different from the 2010 Option 2: Subtitle D option because it does not require liners for existing
impoundments as the 2010 Option 2 does, but it only requires liners for new impoundments (and only for new
landfills).
Regulate CCR disposal as RCRA Subtitle D non-hazardous waste based on the same custom-tailored engineering
controls as the 2009 Option 1.
Except under RCRA Section 7003 “imminent and substantial endangerment” authority, this option is not Federally
enforceable because RCRA Subtitle D directs EPA only to assist state government waste management programs. 28
2009 Option 3: Hybrid RCRA Subtitle C & Subtitle D:
Subtitle C regulation of CCR impoundments (same as the 2009 Option 1)
Subtitle D regulation of CCR landfills (same as the 2009 Option 2)
27 The following excerpt from RCRA Section 3004(x) pertains specifically to CCR, by providing EPA with authority “to modify” the RCRA Subtitle C technical standards
for regulation of CCR disposal:
“Section 3004(x): If… (2) 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… is subject to regulation under this subtitle, the [EPA] Administrator is authorized to modify the requirements of subsections (c), (d), (e), (f), (g),
(o) and (u) and section 3005(j), in the case of landfills or surface impoundments receiving such solid waste, to take into account the special characteristics of such
wastes, the practical difficulties associated with implementation of such requirements, and site-specific characteristics, including but not limited to the climate,
geology, hydrology and soil chemistry at the site, so long as such modified requirements assure protection of human health and the environment.”
28 Section 4001 of Subtitle D of the 1976 RCRA statute prescribes the Federal role under Subtitle D as assistance to state governments: “The objectives of this subtitle are
to assist in developing and encouraging methods for the disposal of solid waste… Such objectives are to be accomplished through Federal technical and financial
assistance to States or regional authorities for comprehensive planning pursuant to Federal guidelines designed to foster cooperation among Federal, State and local
governments and private industry.”
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