2050-AH11 201904 Unified Agenda of Federal Regulatory and Deregulatory Actions 2050 Office of Land and Emergency Management OLEM 2000 Environmental Protection Agency EPA Hazardous and Solid Waste Management System; Disposal of CCR; Alternative Demonstration for Unlined Surface Impoundments/ Request for Comment on Legacy Units; Response to Court Part B

On April 17, 2015, the Environmental Protection Agency (EPA or the Agency) promulgated 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 and on October 15, 2018, the court issued its mandate, vacating certain provisions of the 2015 rule and mandating the EPA include "legacy" units in its regulations. This rule would address a provision in that court decision and provide a mechanism where unlined surface impoundments meeting strict criteria would be allowed to continue to operate. This rule also addresses a necessary modification to the timeline of closure by removal and requests comments on inactive units at inactive facilities also known as "legacy units."

]]> Other Significant First Time Published in The Unified Agenda Proposed Rule Stage No No Regulatory 40 CFR 257 42 U.S.C. 6906 42 U.S.C. 6907 42 U.S.C. 6912(a) 42 U.S.C. 6944 42 U.S.C. 6945(c) Judicial Final 12/13/2019 Court expectation to finalize by December 13, 2019 No NPRM 07/00/2019 Final Action 12/00/2019 Affected sector: 221112 – Fossil Fuel Electric Power Generation No Federal State No No https://www.epa.gov/coalash No No Kirsten Hillyer 2050 Office of Land and Emergency Management OLEM 703 347-0369 hillyer.kirsten@epa.gov Mail Code 5304P, 1200 Pennsylvania Avenue NW, Washington DC 20460