On July 30, 2018 (83 FR 36435), the Environmental Protection Agency (EPA) published a final rule in the federal register acting to finalize certain revisions to the Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities National Minimum Criteria (Phase One, Part One). On April 17, 2015, the EPA promulgated national minimum criteria for existing and new coal combustion residuals (CCR) landfills and existing and new CCR surface impoundments. In March 2018, EPA proposed a number of revisions to the 2015 CCR rule and requested comment on additional issues. In this final rule, the EPA is adopting two alternative performance standards that either Participating State Directors in states with approved CCR permit programs (participating states) or EPA where EPA is the permitting authority may apply to owners and operators of CCR units. The EPA is also revising groundwater protection standards (GWPS) for four constituents which do not have an established Maximum Contaminant Level (MCL). Finally, the Agency is extending the deadline by which facilities must cease the placement of waste in CCR units closing for cause in two situations: Where the facility has detected a statistically significant increase above a GWPS from an unlined surface impoundment; and where the unit is unable to comply with the aquifer location restriction. Provisions from the proposed rule that are not addressed in this rule will be addressed in a subsequent action. This final rule is effective on August 29, 2018.

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EPA 07-30-2018 FR coal ash revisions