In response to an order from the U.S. Court of Appeals for the D.C. Circuit, the EPA has issued a direct final rule amending its regulations (April 17, 2015, FR) governing the disposal of coal combustion residuals (CCRs) as solid waste under Resource Conservation and Recovery Act (RCRA) Subtitle D. In the CCR rule, the Agency allowed several regulatory exemptions for inactive surface impoundments provided the owner or operator closes the facility by a specific date.
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On June 14, 2016, the D.C. Circuit ordered the vacatur of these early closure provisions. As a result of the ruling, owners and operators of inactive CCR surface impoundments that had relied on the exemptions must now comply with all requirements applicable to existing CCR surface impoundments. The direct final rule provides additional time for affected units to come into compliance.