40 C.F.R. § 257.72

Liner design criteria for new CCR surface impoundments and any lateral expansion of a CCR surface impoundment

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(a) New CCR surface impoundments and lateral expansions of existing and new CCR surface impoundments must be designed, constructed, operated, and maintained with either a composite liner or an alternative composite liner that meets the requirements of § 257.70(b) or (c).

(b) Any liner specified in this section must be installed to cover all surrounding earth likely to be in contact with CCR. Dikes shall not be constructed on top of the composite liner.

(c) Prior to construction of the CCR surface impoundment or any lateral expansion of a CCR surface impoundment, the owner or operator must obtain certification from a qualified professional engineer or approval from the Participating State Director or approval from EPA where EPA is the permitting authority that the design of the composite liner or, if applicable, the design of an alternative composite liner complies with the requirements of this section.

(d) Upon completion, the owner or operator must obtain certification from a qualified professional engineer or approval from the Participating State Director or approval from EPA where EPA is the permitting authority that the composite liner or if applicable, the alternative composite liner has been constructed in accordance with the requirements of this section.

(e) The owner or operator of the CCR unit must comply with the recordkeeping requirements specified in § 257.105(f), the notification requirements specified in § 257.106(f), and the Internet requirements specified in § 257.107(f).

[80 FR 21468, Apr. 17, 2015, as amended at 83 FR 36452, July 30, 2018]

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2018–2024 · leading case: Util. Solid Waste Activities Grp. v. Envtl. Prot. Agency, 901 F.3d 414 (D.C. Cir. 2018).

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Util. Solid Waste Activities Grp. v. Envtl. Prot. Agency, 901 F.3d 414 (D.C. Cir. 2018). “See 40 C.F.R. § 257.72 (a). But it allows existing unlined impoundments to continue to receive Coal Residuals indefinitely, until their operators detect that they are leaking.”

Elec. Energy, Inc. v. EPA (D.C. Cir. 2024). “And, because Clifty Creek had not established that the new surface impoundment complied with the 2015 Rule’s liner design criteria in 40 C.F.R. § 257.72 , EPA proposed finding that it could not grant the extension.”

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