On December 02, 2019 (84 FR 65941), the Environmental Protection Agency (EPA) published a proposed rule in the federal register rule concerning their regulations in 40 CFR Part 257 for the national minimum criteria for existing and new coal combustion residuals (CCR) landfills and existing and new CCR surface impoundments. On August 21, 2018, the D.C. Circuit Court of Appeals issued its opinion in the case of Utility Solid Waste Activities Group, et al. v. EPA (USWAG). This rule proposes regulations to implement the court’s vacatur of the provisions that allow unlined impoundments to continue receiving coal ash unless they leak, and that classify “clay-lined” impoundments as lined, thereby allowing such units to operate indefinitely. In addition, EPA is proposing to establish a revised date by which unlined surface impoundments must cease receiving waste and initiate closure, following its reconsideration of those dates in light of the USWAG decision. Comments must be received on or before January 31, 2020. The EPA will hold a public hearing on January 7, 2020.

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EPA 12-02-2019 NPRM update coal ash disposal