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EPA/OLEM RIN: 2050-AH11 Publication ID: Spring 2019 
Title: ●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."

Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Regulatory 
CFR Citation: 40 CFR 257   
Legal Authority: 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)   
Legal Deadline:
Action Source Description Date
Final  Judicial  Court expectation to finalize by December 13, 2019  12/13/2019 
Action Date FR Cite
NPRM  07/00/2019 
Final Action  12/00/2019 
Additional Information: Affected sector: 221112 – Fossil Fuel Electric Power Generation
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Kirsten Hillyer
Environmental Protection Agency
Office of Land and Emergency Management
Mail Code 5304P, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:703 347-0369