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EPA Clarifies Coal Ash Regulation Will Take Effect on October 19
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On July 2, EPA published a notice in the Federal Register (80 FR 37988) clarifying that the final rule regulating coal ash as a nonhazardous waste will become effective October 19.  “Inconsistencies resulting from typographical errors” in the final rule led to confusion about when the regulation would take effect, prompting the clarification, EPA said.  The notice also said certain inspection requirements for landfills and impoundments will be moved to Jan. 19, 2016, because the original compliance date of Jan. 18, 2016, is a federal holiday.


There have been several other corrections issued by EPA to address confusion surrounding the final coal ash rule, which was the product of a court-ordered deadline.  In late March, Administrator Gina McCarthy signed off on a half a dozen changes to the rule between its release and formal publication.  The agency said at the time the changes were needed due to “correct inadvertent errors, correct potentially confusing cross references, and clarify preamble language.”  Then, in April, the nation's largest coal ash recycler raised concerns about a major computational error in the final rule with potentially significant impacts for the beneficial reuse industry.  EPA said at the time it was reviewing the request for regulatory language change from Headwaters Resources Inc.

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