The New Coal Combustion Residuals Rule – An Implementation and Enforcement Nightmare

Introduction

Almost five years after the proposal, EPA has issued its final rule regarding the disposal and beneficial use of coal combustion residuals (CCRs). The rule establishes federal standards for landfills and surface impoundments in which CCRs are disposed.

Importantly, though, the rule leaves the enforcement of those standards to citizens. This method of enforcement exposes owners and operators of CCR units to uncertain outcomes and litigation costs in a variety of different courts. Continue reading “The New Coal Combustion Residuals Rule – An Implementation and Enforcement Nightmare”

EPA Coal Ash Rule Will Foster Citizen Suits

EPA has issued its final rule regarding the disposal of coal combustion residuals (CCRs). After seeking comments on whether to regulate CCRs as a hazardous or solid waste, it decided to regulate CCRs as a solid waste under subtitle D of the Resource Conservation and Recovery Act (RCRA), issuing minimum national standards for new and existing surface impoundments and landfills. The rule was published April 17. Continue reading “EPA Coal Ash Rule Will Foster Citizen Suits”