Court Ruling Will Require Further Changes of EPA Coal Combustion Residuals Rule (August 2018)

On August 21, 2018 the D.C. Circuit court struck down parts of the USEPA Coal Combustion Residuals (CCR) rule for not being sufficiently protective of the environment. The decision in Utility Solid Waste Activities Group (USWAG) et al. v. EPA, No. 15-1219 will have a major impact on both active and inactive coal ash impoundments used by coal-fired power plants. The Court’s opinion will likely require closure or retrofitting of all unlined and clay-lined impoundments.

The Court struck down several of the provisions relating to coal ash impoundments, ruling that those provisions were not sufficiently protective of the environment or were inconsistent with the record, and remanded the issues back to EPA for corrections to the rule.

  • Certain inactive or active unlined CCR surface impoundments would need to be closed in order to protect the environment. The court inferred that those impoundments should be properly closed, and legacy impoundments should not be exempt.
  • The Court implied that requiring immediate closure or retrofitting of existing clay-lined impoundments may be the only way to assure that no reasonable probability of environmental impacts will occur.
  • Finally, the Court vacated the legacy (grandfathered) impoundment exemption at 40 C.F.R. § 257.50(e).

The decision in effect requires EPA to propose amendments to the Rule. Once EPA issues a proposal for a new rule there will be an opportunity for public comments on the proposed rule before the new rule is finalized.

Mississippi Storm Water News  January 2017

If you are one of over 750 facilities covered by the Mississippi Baseline General Storm Water Permit for Industrial Activities, you should know that the Annual Facility Inspection Report is no longer required to be submitted to the MDEQ each year. However, there are additional compliance requirements in the general permit with which you must comply.

According to MDEQ, “the Baseline Forms Package contains new forms that must be completed to satisfy the recordkeeping requirements of the general permit.” Among the new forms is the Annual Comprehensive SWPPP Evaluation Report to be completed once per year and maintained on file at the plant, along with the various other forms such as the Monthly Spill and Leak Log Sheet and the new Monthly Inspection Report and Monthly Visual Jar Test Inspection Form.

If you haven’t completed your first Annual Comprehensive SWPPP Evaluation Report, you are out of compliance!

For questions or help with compliance call Ken Ruckstuhl in Jackson at (601) 992-8233 or email








What to Expect in the New Mississippi Baseline Storm Water Permit
Posted July 9, 2015

The Mississippi Baseline Industrial Storm Water Permit expires on September 28, 2015. MDEQ is working on developing a new Baseline General Permit. MDEQ will put a draft out to public notice in a few weeks, then work the permit through their administrative approval process. Sometimes this can get delayed beyond the permit expiration date, but don’t worry, MDEQ says that everyone covered by the old permit remains covered until the new permit available. Once the new permit is finalized, they will send a notice and form by mail that can be used to apply for re-coverage under the new permit.

Although states in some other EPA regions have recently added requirements for laboratory analyses into their baseline industrial permits, MDEQ does not expect to add any new monitoring into the new Mississippi permit.