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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."