EPA Proposes Exemptions and Flexible Compliance Pathways for Coal Ash Disposal

EPA proposed revisions to the coal combustion residual (CCR) regulations, which would exempt CCR dewatering structures, as well as modify requirements for legacy surface impoundments and CCR management units. The proposed revisions also prioritize site-specific determinations for groundwater monitoring, cleanup, closure requirements, and timelines. The revisions would permit CCR extraction for beneficial use during post-closure care, and revise the definition of beneficial use by removing the environmental demonstration requirement for large-scale unencapsulated uses, thus incentivizing coal production while weakening groundwater protections.