EPA Admits Oops, Coal Ash Rules Had Errors
Published Date: 1/16/2025
Proposed Rule
Summary
The EPA is fixing mistakes and clearing up confusing parts of a 2024 rule about how old coal ash ponds must be handled. This affects electric utilities that manage coal waste, making sure they follow safer cleanup rules. You’ve got until March 17, 2025, to share your thoughts, and these changes help protect the environment without adding surprise costs.
Analyzed Economic Effects
6 provisions identified: 1 benefits, 4 costs, 1 mixed.
Electric utilities clearly in scope
EPA says this correction applies to electric utilities and independent power producers identified under NAICS code 221112. If your company operates legacy coal combustion residual (CCR) surface impoundments or CCR management units (CCRMU), you should check 40 CFR 257.50 to see if these corrections apply to you.
New text consolidates CCRMU deadlines
The proposed corrections consolidate compliance deadlines for CCR management units (CCRMU) into a single section and add a deadline for the initial fugitive dust plan for CCRMUs at facilities that do not have a regulated unit. These are changes to when owners/operators must meet specific obligations under the Legacy Final Rule published May 8, 2024.
Comment window limited to text conformity
EPA is only asking for comments on whether the corrections in the direct final rule conform the regulatory text to EPA's stated intent in the May 8, 2024 Legacy Final Rule preamble. EPA states it is not reopening or soliciting comment on the underlying provisions of the Legacy Final Rule itself.
Deadline to submit comments: March 17, 2025
Stakeholders must submit comments on this proposed correction on or before March 17, 2025. Use Docket ID EPA-HQ-OLEM-2020-0107 and submit at https://www.regulations.gov or by the other methods listed in the notice.
Direct final approach may finalize corrections quickly
EPA published a direct final rule for these same corrections and says if it receives no adverse comment the direct final rule will become effective as provided in that action. If adverse comments are received, EPA will publish a withdrawal identifying which paragraphs will not take effect.
EPA says corrections protect environment without surprise costs
EPA states these corrections clarify the Legacy Final Rule and help protect the environment without adding surprise costs. The Legacy Final Rule being conformed to was published May 8, 2024.
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