Disposal of Coal Combustion Residuals from Electric Utilities (Final Rule)

Coal combustion residuals (CCR) are generated from the combustion of coal, including solid fuels classified as anthracite, bituminous, subbituminous, and lignite, for the purpose of generating steam for the purpose of powering a generator to produce electricity or electricity and other thermal energy by electric utilities and independent power producers. CCR includes fly ash, bottom ash, boiler slag, and flue gas desulfurization materials. CCR are solid wastes that are neither listed nor characteristic hazardous waste and thus, are subject to the requirements of Subtitle D of the Resource Conservation and Recovery Act, as amended (RCRA). RCRA Subtitle D establishes a framework for federal, state, and local government cooperation in controlling the management of non-hazardous solid waste. The federal role in this management structure is to establish the overall regulatory direction, by providing minimum national standards that will protect human health and the environment, and to provide technical assistance to states for planning and developing their own environmentally sound waste management practices. The actual planning and any direct implementation of solid waste programs under RCRA Subtitle D, however, remains a state and local function, and RCRA envisions that states will devise programs to deal with state-specific conditions and needs. 40 CFR Part 257 contains provisions regarding the management of CCR under RCRA Subtitle D. In 2015, EPA published a final rule to regulate the disposal of CCR from electric utilities as solid waste under RCRA Subtitle D (see 80 FR 21302; April 17, 2015). In the final rule, EPA established national minimum criteria for existing and new CCR landfills and CCR surface impoundments and all lateral expansions to include location restrictions, design and operating criteria, groundwater monitoring and corrective action, closure requirements and post-closure care, and recordkeeping, notification, and internet posting requirements. The 2015 rule requires any existing unlined CCR surface impoundment that is contaminating groundwater above a regulated constituents groundwater protection standard to stop receiving CCR and either retrofit or close, except in limited circumstances. The rule also requires the closure of any CCR landfill or CCR surface impoundment that cannot meet the applicable performance criteria for location restrictions or structural integrity established in this rule. CCR surface impoundments that are no longer receiving CCR as of the effective date of the rule, but still contain water and CCR, will be subject to all applicable regulatory requirements, unless the owner or operator of the facility closes the inactive unit (e.g., the impoundment is closed with a final cover system) no later than three years from the effective date of the rule.

The latest form for Disposal of Coal Combustion Residuals from Electric Utilities (Final Rule) expires 2029-05-31 and can be found here.

Private Sector

Federal Enterprise Architecture: Environmental Management - Environmental Monitoring and Forecasting