The EPA is publishing two proposed rules (Phase 1 Remand Rule and Phase 2 Remand Rule) to modify the final Coal Combustion Residuals (CCR) Disposal Rule, published April 17, 2015. This rule is the second phase of revisions to EPA’s 2015 CCR Disposal Rule. In the first phase, EPA will continue its process with respect to the provisions that were included in EPA’s motion to remand filed on April 18, 2016 (Doc. 1609250), which was granted by the Court on June 14, 2016 (Doc. 1619358). As set forth in the settlement agreement that was the basis for EPA’s motion (Settlement Agreement), EPA committed to publish proposed rules (Remand Rule) to address four of the issues remanded back to the Agency. As part of Phase 1, EPA also addressed seven additional provisions that were either raised in litigation or in petitions for reconsideration.

During the second phase of proposed revisions to the 2015 CCR Disposal Rule, EPA plans to complete its review of all of the remaining matters raised in litigation or the petitions for reconsideration that were not included in the Phase 1 Remand Rule and determine whether to propose revisions to those provisions.