EPA Proposes Requirements for Legacy Coal Combustion Residuals (CCR) Surface Impoundments

On May 18, 2023, EPA published a proposed rule to establish regulatory requirements for inactive surface impoundments at inactive facilities (legacy CCR surface impoundments), in response to a court order which vacated the exemption for inactive surface impoundments at inactive facilities. EPA is also proposing to establish groundwater monitoring, corrective action, closure, and post-closure care requirements for a new category called “CCR management units,” which will cover any placement of CCR regardless of the method and date. In addition, EPA’s proposal also includes several technical corrections to the existing regulations, such as correcting certain citations and harmonizing definitions. 

Comments are due on July 17, 2023.

Read the proposed rule and submit comments.

Advocacy contact: Send an email to Tabby Zeb at tayyaba.zeb@sba.gov or call 202-798-7405.