EPA’s Latest Ruling Closes Gaps with Inactive/Historical Coal Combustion Residuals (CCR)

In May, the Environmental Protection Agency (EPA) proposed a rule to address safe management of coal ash dumped in areas that are currently unregulated at the federal level. This includes inactive power plants with surface impoundments that are no longer being used and retired coal ash disposal areas at power plants with regulated coal ash units.

The recently proposed rule would close a loophole in the existing coal combustion residuals (CCR) 2015 rules and advance a commitment to protection of underserved communities from potential health impacts associated with CCR.

CCR is a byproduct of coal combustion containing metals such as mercury, cadmium, chromium, and arsenic. This ruling is important to further prevent these contaminants from polluting waterways, groundwater, drinking water or air. EPA contends that the targeted inactive CCR surface impoundments are more likely a potential environmental problem from leakage since they are unlined and unmonitored.

As directed by the federal court in 2018, this proposed rule addresses the gap in the existing rules by covering currently nonregulated and unmanaged CCR targets with rules like those existing for inactive impoundments at active facilities.  Under the proposed rule these units will require proper closure and remediation of CCR impacted groundwater.

In addition, EPA proposes that the protections be applied to power plants with regulated impoundments that disposed of coal ash outside regulated units. The EPА contends that the targeted inactive CCR surface impoundments are more likely to pose a potential environmental problem due to leakage since they are unlined and unmonitored.

As a part of the proposed documentation requirement, for both legacy CCR surface impoundments and CCR management units, facilities would need to write reports with information to identify units, delineate the boundaries of the units, include figures of the facilities and where the units are located, and the sizes of the unit. The facilities would then be required to post these reports on their websites for public access.

This rule becomes effective six months after publication in the Federal Register. The proposed compliance deadlines would provide additional time beyond the effective date for facilities to comply. This extended period is based on EPA projections of the time required for facilities to complete the installation of groundwater monitoring systems and the development of an ongoing groundwater sampling and analysis program

Since the proposal applies to past contamination or inactive units that no longer support current power plant operations, EPA does not expect it to affect current power plant operations.

However, the US Department of Energy’s National Energy Technology Laboratory views EPA’s emphasis on CCR as an opportunity for developing technologies that can responsibly divert CCR toward beneficial reuse and improve the operation and management of CCR impoundments overall, which would “strongly serve the national interest and provide positive economic and public health and environmental impacts.”

QTS Group brings decades of experience and expertise to the power and utility industry, helping clients stay ahead of compliance requirements.