EPA
United States
Environmental Protection
Agency
Office of Land & Emergency Management
October 2020
EPA Seeks Comment and Data on Inactive
Coal Ash Surface Impoundments
Background
In April 2015, the U.S. Environmental
Protection Agency (EPA or Agency)
promulgated a comprehensive set of
requirements for the management of coal
combustion residuals (CCR) in landfills and
impoundments. CCR include a variety of waste
streams, specifically, fly ash, bottom ash, boiler
slag, and flue gas desulfurization materials
generated from coal-fired electricity utilities;
commonly known as coal ash. The 2015 rule
established corrective action, closure and post
closure, technical standards, and inspection,
monitoring, recordkeeping and reporting
requirements.
The 2015 rule exempted from regulation
inactive surface impoundments at inactive
utilities. In Utility Solid Waste Activities Group
(USWAG) et al. v. EPA (Aug. 21, 2018), the D.C.
Circuit Court of Appeals overturned this
exemption and remanded it back to the
Agency.
Although certain provisions of EPA's 2015 rule
were overturned, the rules in place to detect
and assess, and as needed to remediate,
impacts on groundwater from CCR in surface
impoundments and landfills are being
implemented on their original schedule and
are not being changed.
What Information Does This Notice
Request?
As a first step to implement this part of the
court decision, EPA is seeking comment and
data in an Advanced Notice of Proposed
Rulemaking (ANPRM) on inactive surface
impoundments at inactive electric utilities,
referred to as legacy surface impoundments or
legacy units.
Specifically, EPA is seeking comment on:
•	EPA's regulatory authority,
•	A potential definition of a legacy
surface impoundment,
•	Information on the number of legacy
units,
•	Current status of legacy units, and
•	Names and locations of former power
plants that may have legacy units and
when they closed.
Also, the Agency is taking comment on the
appropriate regulatory approach to legacy
surface impoundments and the timeframes to
come into compliance with those regulations.
EPA anticipates this and other relevant
information will assist in the development of
future regulations for legacy surface
impoundments.
EPA will be accepting public comment on the
proposed revisions for 60 days once the
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ANPRM is published in the Federal Register via
Regulations.gov.
Where Can I Find More Information
About This ANPRM?
¦	Information about the ANPRM is available
at: www.epa.gov/coalash
¦	For information regarding how to submit
comments, contact Michelle Long at:
long.michelle@epa.gov or by telephone at
(703) 347-8953.
¦	For Press Inquiries, please contact:
press@epa.gov.
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