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CERCLA was enacted by Congress in 1980 and gives authority to the Environmental Protection Agency (EPA) to initiate investigations and cleanup and to take enforcement action against parties responsible for the leaking of hazardous wastes, pollutants, or contaminants into the environment.
Units that are not designed to hold an accumulation of CCR, and that do not treat, store, or dispose of CCR are not CCR surface impoundments. EPA provided examples in the preamble to the final rule of units that, in EPA's experience, typically would be expected to fall outside of that definition. These examples were not intended to be exclusive or definitive. There may well be additional units that do not meet the definition of a CCR surface impoundment.