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August 17, 2023
This e-newsletter delivers announcements from EPA's Office of Resource Conservation and Recovery on rulemakings, guidance documents, reports, research, upcoming webinars, and more.
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EPA Proposes to Deny Alabama’s Coal Ash Permit Program and Better Protect Local Communities from Pollution
On August 3, 2023, the U.S. Environmental Protection Agency issued a proposed denial of Alabama’s permit program to manage coal combustion residuals – commonly known as CCR or coal ash – in landfills and surface impoundments. In its first proposed denial of a state coal ash permit program, EPA finds that the Alabama permit program is significantly less protective of people and waterways than the federal regulations require.
Under the federal regulations, surface impoundments cannot be closed if, once closure is complete, the coal ash continues to be saturated by groundwater. Facilities must prevent groundwater from infiltrating and flowing out of the closed unit to prevent additional groundwater contamination. In contrast, Alabama does not require that groundwater infiltration be adequately addressed during the closure of these coal ash units.
EPA is soliciting comments on this proposal through October 13, 2023. EPA is hosting an in-person public hearing and an online public hearing for interested persons to present information and comments about this proposal. To learn about this proposed denial, visit our Alabama Coal Combustion Residuals Permit Program webpage.
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EPA Publishes Companion Chapters and Videos to Expand the Solid Waste Management Toolkit for Developing Countries
 EPA’s Solid Waste Management Toolkit is a free resource for decision makers implementing solid waste management programs. In July, EPA expanded the toolkit to include new companion chapters and videos.
The following companion chapters are now available:
- Solid Waste Management and Climate Change, which discusses how solid waste contributes to climate change, best practices to reduce emissions from waste, how climate change impacts solid waste management systems, and strategies for building climate resilient systems.
- Equity in Solid Waste Management, which defines equity in the solid waste management sector, discusses the challenges that contribute to inequitable solid waste management and the resulting impacts, and provides an overview of best practices for addressing inequities while improving solid waste management.
- Addressing Plastic Waste, which provides an overview of the impacts and challenges of plastic waste management, the benefits of properly managing plastic waste, and best practices for recovering and incorporating waste back into the value chain.
- Recycling Markets, which summarizes the benefits, challenges, and best practices for cities to identify and facilitate recycling markets development when planning and implementing recycling programs.
New video topics include waste collection, route optimization, organic waste treatment models, and more! Check out the toolkit and the new companion chapters and videos on our website.
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EPA Issues Technical Corrections to the Hazardous Waste Regulations
On August 9, 2023, EPA issued a direct final rule (published with a co-proposal) that corrects technical errors and provides clarifications in approximately 50 sections of the hazardous waste regulations. With this rule, EPA fixes typographical errors and incorrect citations and clarifies ambiguous language in the Hazardous Waste Generator Improvements Rule, the Hazardous Waste Pharmaceuticals Rule, and the Definition of Solid Waste Rule. Correcting these small, but potentially confusing errors will make the Resource Conservation and Recovery Act requirements easier to understand and will benefit state and regional regulatory programs as well as the regulated community.
This rule is effective on December 7, 2023, unless the EPA receives adverse comments by October 10, 2023. If the EPA receives adverse comments on any individual correction, we will publish a timely withdrawal in the Federal Register informing the public about the specific paragraph or amendment where the correction or clarification will not take effect. For more information, read through the rule.
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EPA Requests Information About Used Drum Management and Reconditioning
On August 11, 2023, EPA issued the Used Drum Management and Reconditioning Advance Notice of Proposed Rulemaking to address concerns about used industrial containers that held hazardous chemicals or hazardous waste. EPA seeks information to better understand the issues with these containers and potential solutions that would ensure proper management, such as non-regulatory approaches like best management practices or revisions to our waste regulations.
EPA is collecting input through September 25, 2023. For more information, visit our ANPRM webpage.
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EPA Seeks Tribal Input for National Tribal Needs Assessment on Waste Management Operations and Maintenance
Recently, EPA and the Indian Health Service agreed to conduct a National Tribal Needs Assessment on Waste Management Operations and Maintenance. The O&M assessment aims to identify funding gaps and the current and future O&M needs of tribal waste management programs.
An important part of the assessment process is getting tribal input at all stages of the study to ensure the quality of the study, so it can be as impactful as possible. On August 2, 2023, EPA presented an overview of the assessment objectives, methodology, and timeline on the Region 5 Tribal Lands call. The participants provided valuable feedback on the assessment process and the challenges they face in O&M.
On August 10, EPA held a similar discussion with the Region 9 Regional Tribal Operations Committee, and on September 20, EPA will participate in the Michigan Tribal Environmental Group call to get more feedback from Tribal Nations in Region 5. EPA will continue this type of engagement at other regional or national tribal meetings or calls in the coming months to solicit input from other tribes and interested parties.
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Department of Energy Announces Solar Panel Recycling Grant
U.S. Department of Energy Solar Energy Technologies Office announced the Fiscal Year 2023 Materials, Operation, and Recycling of Photovoltaics funding opportunity, which will provide up to $20 million over three years for research, development, demonstration, and commercialization projects to create innovative and practical approaches to increase the reuse and recycling of solar energy technologies. DOE anticipates making approximately four to seven awards under this funding opportunity announcement, each ranging from $2 million to $8 million. DOE encourages teams from institutions of higher education, for-profit entities, non-profit entities, state and local government, and tribal entities to apply. Prior to submitting a full application for this opportunity, applicants must submit a letter of intent by September 6 at 5 pm Eastern Time and a concept paper by September 13 at 5 pm ET.
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