On February 4, 2021, the Board issued a second-notice opinion and order proposing new Part 845 of its waste disposal rules. The proposed rules will now be reviewed by the Joint Committee on Administrative Rules (JCAR). On the Board’s final adoption, the new rules will govern the disposal of coal combustion residuals or “CCR” in surface impoundments. CCR, commonly called “coal ash,” is generated by coal-fired power plants. Under the Environmental Protection Act, as amended by the Coal Ash Pollution Prevention Act (P.A. 101-171), the deadline for the Board to adopt final rules is March 31, 2021.
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