The EPA released its final rule on December 19 regulating the disposal of coal combustion residuals, like fly ash, slag, and bottom ash from power plants.
The rulemaking process was initiated in 2009, following the failure of a coal ash impoundment in Kingston, Tennessee, and places an emphasis on the prevention of surface and groundwater contamination. The final rule classifies CCRs as an industrial solid waste rather than a hazardous material and establishes federal minimum criteria for disposal of CCRs in landfills or surface impoundments. In addition, the final rule contains several protections for groundwater.
Groundwater monitoring will be required as part of a system for disposing of CCRs. Owners or operators of a CCR site must install a system of wells for monitoring the presence of hazardous contaminants potentially present and take corrective action throughout the active life and post-closure period of the CCR site, when needed. They must also establish a system for data collection with the understanding that groundwater monitoring data will be published annually.
In addition to monitoring, the final rule also restricts use, location, and design of impoundments. Following the Kingston disaster, the EPA initiated an inspection of all 559 impoundments across the country in consultation with professional engineers, trade organizations, and the Mine Safety and Health Administration. Those CCR sites deemed unsafe will be closed to prevent surface or groundwater contamination. Locations of the CCR sites will also face new restrictions, prohibiting them from being located above the uppermost aquifer. These restrictions will apply not only to new sites, but also to expansion of existing sites. CCR sites will also be subject to new liner requirements to prevent contamination of groundwater.
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