U.S. EPA Power Plant Effluent Rule Allowed to Go Into Effect

On October 9, 2024, the Eighth Circuit refused to block new U.S. Environmental Protection Agency (EPA) wastewater limits for coal-fired power plants. In Southwestern Electric Power Co., et al v. EPA, et al, multiple states, trade groups, and utility companies challenged EPA’s May 2024 Supplemental Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category (ELG Rule).

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EPA Proposes Rule for Management of Coal Combustion Residuals at Inactive Facilities

On Thursday, May 18, 2023, the U.S. Environmental Protection Agency (EPA) proposed new regulatory requirements for inactive coal combustion residuals (CCR) surface impoundments at inactive electric generating units. EPA had promulgated standards for new and existing CCR landfills and surface impoundments that exempted inactive surface impoundments at inactive facilities in April 2015. However, in August 2018, the U.S. Court of Appeals for the District of Columbia Circuit vacated the exemption and remanded the issue to EPA after environmental nongovernment organizations objected to the treatment of inactive impoundments at inactive facilities that may still pose a risk of introducing toxic substances into ground and drinking water.

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