July 23, 2024

Disposal of CCRs From Electric Utilities and Legacy CCR Surface Impoundments

On April 17, 2015, EPA established minimum criteria for existing and new coal combustion residual (CCR) landfills and surface impoundments. In August 2018, the Utility Solid Waste Activities Group et al. vs. EPA court decision removed the exemption for inactive surface impoundments at inactive facilities, also called legacy surface impoundments. EPA’s May 2024 final rule responds to that order and establishes requirements for legacy surface impoundments, active CCR management units at active facilities, and inactive CCR facilities with legacy surface impoundments. [89 FR 38950] EPA has also made numerous technical corrections to citations and definitions in the rule.

EPA has finalized the provisions in §257.50(e) specifying that legacy surface impoundments are subject to Part 257, Subpart D. Facilities must follow the existing requirements in the CCR regulations, including:

Installing a permanent identification marker,
Compiling a history of construction,
Periodically assessing hazard potential classification,
Assessing structural stability,
Developing emergency action plans,
Conducting inspections and groundwater monitoring, and
Meeting closure and post-closure care protocols.

New compliance deadlines are established to give facilities time to incorporate these requirements. [89 FR 39005] CCR management units that closed before the 2015 CCR rule must meet the standards in Part 257, Subpart D. [§257.53, definition of CCR management unit] EPA is also allowing closure to occur in two stages: 1) completing removal and decontamination procedures [§257.102(c)(2)] and 2) completing groundwater remediation in a separate post-closure care period [§257.104(c)(3)]. EPA’s website contains more information on legacy CCR surface impoundments. This rule is effective November 4, 2024.

McCoy and Associates has provided in-depth information to assist environmental professionals with complex compliance issues since 1982. Our seminars and publications are widely trusted by environmental professionals for their consistent quality, clarity, and comprehensiveness.

Disclaimer

Considerable care has been exercised in preparing this document; however, McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with the publication of this information. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which this information may conflict. McCoy and Associates, Inc. does not undertake any duty to ensure the continued accuracy of this information.

This document addresses issues of a general nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with the environmental regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.