Final Rule - Legacy Coal Combustion Residuals Surface Impoundments and CCR Management Units

On this page:

• Rule Summary
• Rule History
• Additional Resources

Rule Summary

• 2024 Legacy Final Rule
• 2025 CCR Management Unit Deadline Extension Final Rule

2024 Legacy Final Rule

On May 8, 2024, EPA finalized changes to the Coal Combustion Residuals regulations for inactive surface impoundments at inactive electric utilities, referred to as "legacy CCR surface impoundments." Within tailored compliance deadlines, owners and operators of legacy CCR surface impoundments must comply with all existing requirements applicable to inactive CCR surface impoundments at active facilities, except for the location restrictions and liner design criteria.

This action was in response to the August 21, 2018 opinion by the U.S. Court of Appeals for the District of Columbia Circuit (Utility Solid Waste Activities Group, et al v. EPA (pdf)(596 KB)) that vacated and remanded the provision that exempted inactive impoundments at inactive facilities from the April 17, 2015 CCR rule. These new regulations are also driven by the record, which clearly demonstrates that regulating legacy CCR surface impoundments will have significant public health and environmental benefits. This is because legacy CCR surface impoundments are more likely to be unlined and unmonitored, making them more prone to leaks and structural problems than units at utilities that are currently in service.

In addition, through implementation of the 2015 CCR rule, EPA found areas at regulated CCR facilities where CCR was disposed of or managed on land outside of regulated units at CCR facilities, referred to as “CCR management units.” Groundwater monitoring shows CCR management units pose risks to groundwater and human health and the environment. So, in this final rule, EPA established groundwater monitoring, corrective action, closure, and post closure care requirements for all CCR management units (regardless of how or when that CCR was placed) at regulated CCR facilities. This rule advances the agency’s commitment to protecting communities, groundwater, waterways, drinking water, and the air from CCR contamination.

• Read the final rule.
• Read the fact sheet for this final rule (pdf)(198.09 KB).
• Read the press release.
• Access the May 2024 presentation about the final rule (pdf)(704.17 KB).

2025 CCR Management Units Deadline Extension Final Rule 

On February 6, 2026, EPA announced a final rule that provides additional time to meet facility evaluation requirements for identifying Coal Combustion Residual management units and to comply with groundwater monitoring provisions. Additionally, this rule makes conforming changes to the remaining CCRMU compliance deadlines. EPA designed these extensions and amendments to ensure that CCR facilities can effectively meet regulatory requirements. 

• Read a pre-publication version of the final rule (pdf) (868.73 KB) .

The table below shows the new compliance deadlines for CCRMUs by section:

In this rule, EPA also finalized some of the amendments that were proposed in the January 16, 2025, proposed rule that fix incorrect regulatory text citations as well as clarify and add provisions in the regulatory text to match what is clearly described in the preamble. EPA is still evaluating the remainder of the amendments proposed on January 16, 2025. Once EPA determines whether to finalize the remaining proposals, EPA will take final action in a subsequent Federal Register notice.

Given the number of corrections and revisions discussed in the January 16, 2025, technical corrections rule, the table below details each issue and identifies those issues that EPA is taking final action on.

Rule History

• 2025 CCRMU Deadline Extension Actions
• 2025 and 2024 Free Liquids Memoranda
• 2025 Corrections Rule
• 2024 Corrections Rule
• 2023 Notice of Data Availability
• 2023 Proposed Legacy Rule
• 2020 Advanced Notice of Proposed Rulemaking
• 2015 CCR Final Rule

2025 CCRMU Deadline Extension Actions

On July 22, 2025, EPA published a (now withdrawn) direct final rule and parallel proposal to establish an additional option for certain owners and operators to comply with the Facility Evaluation Report Part 1 requirements and to extend compliance deadlines for the remaining CCRMU provisions published in the May 8, 2024 Legacy Final Rule [89 FR 38950]. Additionally, the parallel proposed rule sought comments on extending the deadlines to prepare both Parts 1 and 2 of the Facility Evaluation Report by 12 months.

On September 4, 2025, EPA withdrew the direct final rule because we received adverse comment on it before the end of the comment period (i.e., August 21, 2025).

On September 4, 2025, in response to requests, EPA reopened the comment period for the parallel proposed rule until September 15, 2024 and announced a public hearing to be held on September 12, 2025.

• Read the parallel proposed rule [90 FR 34409; July 22, 2025].
• Read the direct final rule (now withdrawn) [90 FR 34358; July 22, 2025].
• Read the withdraw of the direct final rule [90 FR 42708; September 4, 2025].
• Read the comment period opening and public hearing announcement [90 FR 42711; September 4, 2025].
• Access a transcript of the online public hearing in the docket.

On February 6, 2026, EPA announced a final rule providing facilities additional time to meet some of the CCRMU requirements. Read more about what EPA finalized above.

2025 and 2024 Free Liquids Memoranda

In a July 10, 2025 memorandum, EPA clarifies that the "Free Liquids Memorandum" from April 2024 in the docket does not impose legally binding requirements on EPA, states, or the regulated community.

• Read the 2025 clarification memorandum (pdf)(241 KB).
• Access the 2024 “Memorandum: Considerations for the Identification and Elimination of Free Liquids in Coal Combustion Residuals Surface Impoundments and Landfills (40 CFR Part 257, Subpart D)."

2025 Corrections Rule

On January 16, 2025, EPA published a second (now withdrawn) direct final rule and parallel proposed rule to correct errors and clarify several provisions in the May 2024 Legacy CCR Surface Impoundments final rule. The changes proposed in the direct final rule and its parallel proposal were:

• Fixing incorrect regulatory text citations and cross-references.
• Clarifying and adding provisions in the regulatory text to match what is clearly described in the preamble of the May 8 rule.
• Improving rule implementation by adding a new section consolidating compliance deadlines for CCRMU.

On March 14, 2025, EPA withdrew the direct final rule because we received adverse comment on it before the end of the comment period (i.e., March 17, 2025). The direct final rule would have gone into effect May 16, 2025. EPA still accepted public comments on the rule through March 17, 2025.

• Read the proposed rule [90 FR 4707; January 16, 2025].
• Read the direct final rule (now withdrawn) [90 FR 4635; January 16, 2025].
• Read the withdrawal of the direct final rule [90 FR 13084; March 20, 2025].

On February 6, 2026, within the CCRMU Deadline Extension final rule, EPA finalized some of the amendments that were proposed in the January 16, 2025 proposed rule to correct errors and clarify the CCR regulations. Read more about what EPA finalized above.

EPA is still evaluating the remainder of the amendments proposed on January 16, 2025. Once EPA determines whether to finalize the remaining proposals, EPA will take final action in a subsequent Federal Register notice.

2024 Corrections Rule

On November 8, 2024, EPA published a direct final rule and parallel proposed rule (now withdrawn) to correct errors in the May 2024 Legacy CCR Surface Impoundments final rule. The changes reflected in the direct final rule and parallel proposal are:

• Fixing an error that caused confusion regarding the November 8, 2024 effective date of the Legacy Final Rule.
• Correcting inadvertent deletions in existing 2015 regulatory text caused by incorrect amendatory instructions.

EPA did not receive adverse comments by December 9, 2024, so the direct final rule went into effect on February 6, 2025.

• Read the direct final rule (now effective) [89 FR 88650; November 8, 2024].
• Read the parallel proposal (withdrawn) [89 FR 88694; November 8, 2024].

2023 Notice of Data Availability for the Legacy Rule

On November 14, 2023, EPA published a NODA related to this proposed rule. EPA made available new information and data pertaining to the Agency’s May 18, 2023 proposed changes about legacy CCR surface impoundments and CCR management units. Some of the information includes data or analyses received during the comment period for the proposed rule and that could support the development of the final rule. It also includes information obtained based on further EPA research conducted both during and after the close of the comment period, which was not available for public comment during the prior comment period on the proposed rule.

EPA welcomed public comment on this additional information through December 11, 2023.

• Read the NODA [88 FR 77941; November 14, 2023].

2023 Proposed Rule

On May 18, 2023, EPA proposed changes to CCR regulation for legacy CCR surface impoundments and CCR management units. EPA collected public comments on the proposal through July 17, 2023. EPA hosted an in-person hearing and an online public hearing.

• Read the proposal [88 FR 31982; May 18, 2023].
• Read a fact sheet about this proposal:
  • Arabic (pdf).
  • Chinese (simplified) 中文: 简体版 (pdf).
  • Chinese (traditional) 中文: 繁體版 (pdf).
  • English (pdf).
  • Korean (pdf).

  • Russian русский (pdf).
  • Spanish Español (pdf).
  • Tagalog (pdf).
  • Vietnamese Việt-ngữ (pdf).
• Read the May 2023 press release announcing the proposal.
• Read through the comments submitted for this proposal.
• Access a transcript of the in-person hearing in the docket.
• Access a transcript of the online public hearing in the docket.

2020 Advance Notice of Proposed Rulemaking for the Legacy Rule

On October 14, 2020, EPA published an ANPRM which requested comments and data on inactive surface impoundments at inactive electric utilities to assist in the development of future regulations for these CCR units. EPA requested input on a potential definition of a legacy CCR surface impoundment and specifically solicited information on the types of inactive surface impoundments at inactive facilities that might be considered legacy surface impoundments. Finally, the Agency took comment on EPA's regulatory authority, the appropriate regulatory approach for these units and the timeframes to come into compliance with those regulations.

• Read this ANPRM [85 FR 65015; October 14, 2020].

2015 Final Rule

On April 17, 2015, EPA finalized national regulations to provide a comprehensive set of requirements for the safe disposal of CCR from coal-fired power plants. These regulations include technical standards that prevent the leaking of contaminants into groundwater, blowing of contaminants into the air as dust, and catastrophic failure of CCR surface impoundments. Additionally, the rule sets out inspection, monitoring, recordkeeping, and reporting requirements and makes transparency a cornerstone of the program by requiring facilities to post compliance data online on a facility-established, publicly available website.

The 2015 rule imposed requirements on inactive surface impoundments at active facilities, but did not impose requirements on inactive surface impoundments at inactive facilities. Several parties challenged the 2015 rule including, among other provisions, the exemption for inactive surface impoundments at inactive power plants from regulation.

The U.S. Court of Appeals for the D.C. Circuit issued its decision on August 21, 2018. The Court held that EPA acted “arbitrarily and capriciously and contrary to RCRA” in exempting inactive surface impoundments at inactive power plants from regulation. The court ordered that these provisions be vacated and remanded back to the Agency (Utility Solid Waste Activities Group, et al v. EPA (pdf)(596 KB)).

• Read the 2015 CCR Final Rule [80 FR 21302; April 17, 2015].

Additional Resources

Rule History Table