Previously, we referenced an article in Bloomberg BNA reporting on an interview with an EPA representative who indicated that the Agency could not provide a definitive timeline for promulgating final regulations on the management of coal ash generated by power plants. EPA has now more formally confirmed this uncertainty. Recently, in announcing projected publication dates for a wide range of rules in various stages of development, EPA effectively acknowledged that there is no target date for the final rule. This is also reflected on EPA’s web page which tracks the history of the rule’s development.
Finally in consolidated litigation brought by various interest groups seeking to force the agency to issue a final rule (Appalachian Voices, et al v. EPA, D.C., DKT No. 1:12-cv-00523 RDW), the Agency recently acknowledged that it may be the end of the year before a final rule is announced.
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