Search

RCRA Solid Waste Rules for Coal Ash Proposed

Posted on 5/24/2023 by Nick Waldron

US EPA proposed to establish regulatory requirements for coal combustion residuals (CCR), also known as “coal ash,” in inactive surface impoundments at inactive facilities (i.e., “legacy impoundments”). 

The agency is also proposing new measures for other CCR management units at regulated facilities regarding:

  • Groundwater monitoring,
  • Corrective action, and
  • Closure requirements and post-closure care requirements. 
Last, the rule makes technical corrections and clarifies details in the existing coal ash requirements. The solid waste management requirements EPA is revising are found in 40 CFR Part 257, Subpart D.

EPA will take public comments on the proposed rule until July 17, 2023. 

RCRA Solid Waste Rules for Coal Ash Proposed

What is Coal Ash?

Coal ash is a byproduct of coal burning in coal-fired power plants and is regulated due to its ability to pollute air and water. Coal ash contains mercury, cadmium, arsenic, and other contaminants. 

Per the American Coal Ash Association, more than 35 million tons of coal ash was beneficially used in 2021, mainly in concrete products and gypsum panels (EPA webpage: Coal Ash Reuse). Benefits of re-use include reduced cost of coal ash disposal, and reduced extraction of raw materials from the earth.

Why Did EPA Write a New CCR Rule?

In 2015, EPA established regulations for coal ash with a Final Rule, creating national minimum criteria for CCR landfills added responsibilities for coal-burning power plants.

The rule included an exemption for “legacy impoundments”—meaning inactive impoundments at inactive facilities. An industry group challenged the exemption in court, and in 2018 the exemption was vacated in Utility Solid Waste Activities, et. al.. v EPA. This decision required EPA to create new regulations to cover these no-longer-exempt impoundments. 

 

 

Tags: coal ash, RCRA

Find a Post

Compliance Archives

Lion - Quotes

The exercises in the DOT hazardous materials management course are especially helpful in evaluating your understanding of course information.

Morgan Bliss

Principal Industrial Hygienist

The instructor created a great learning environment.

Avinash Thummadi

CAD & Environmental Manager

Lion's course was superior to others I have taken in the past. Very clear in the presentation and the examples helped to explain the content presented.

George Bersik

Hazardous Waste Professional

I love that the instructor emphasized the thought process behind the regs.

Rebecca Saxena

Corporate Product Stewardship Specialist

I have attended other training providers, but Lion is best. Lion is king of the hazmat jungle!!!

Henry Watkins

Hazardous Waste Technician

This was the 1st instructor that has made the topic actually enjoyable and easy to follow and understand. Far better than the "other" training providers our company has attended!

Lori Hardy

Process & Resource Administrator

These are the best classes I attend each year. I always take something away and implement improvements at my sites.

Kim Racine

EH&S Manager

The instructor was probably the best I ever had! He made the class enjoyable, was humorous at times, and very knowledgeable.

Mary Sue Michon

Environmental Administrator

The instructor was energetic and made learning fun compared to dry instructors from other training providers.

Andy D’Amato

International Trade Compliance Manager

The instructor made the class very enjoyable and catered to the needs of our group.

Sarah Baker

Planner

Download Our Latest Whitepaper

Use this guide to spot which tanks and substances are regulated under EPA's Underground Storage Tank program, and which are excluded as of October 2018.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.