Bull Run Coal Combustion Residuals

The CCR Rule originally contained “early closure” provisions that would have exempted inactive CCR impoundments that met the closure requirements of 40 CFR 257.100 by April 17, 2018 from all other requirements of the CCR Rule. On June 14, 2016, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) ordered the vacatur of the “early closure” provisions in 40 CFR 257.100.

The effect of the vacatur is that all inactive CCR surface impoundments must comply with all of the applicable requirements in the CCR Rule for existing CCR surface impoundments. In response to the court-ordered partial vacatur, EPA published a direct final rule effective on October 4, 2016, to extend the compliance deadlines under the CCR Rule for inactive CCR surface impoundments that had taken certain action to comply with the now-vacated “early closure” provisions.

The new deadlines for compliance with the groundwater monitoring and corrective action requirements of the CCR Rule are found in 40 CRF 257.100(e)(5) and are as follows:

• Comply with initial groundwater monitoring requirements in 257.90(b) and 257.94(b) – April 17, 2019
• Prepare initial annual groundwater monitoring and corrective action report pursuant to 257.90(e) – August 1, 2019