EPA’s Proposed Changes to its Requirements for the Disposal of Coal Combustion Residuals (Phase II)

On August 14, 2019, EPA proposed changes to its requirements for the disposal of coal combustion residuals (CCR) from electric utilities under the Resource Conservation and Recovery Act.  In response to a recent court decision addressing EPA’s 2015 final rule for CCR, the agency is proposing to revise its CCR beneficial use definition by replacing its current single mass-based numerical threshold with a requirement for an environmental demonstration, which would be triggered by specific location-based criteria.  The agency is also introducing a new provision to regulate all temporary CCR piles, regardless of whether intended for disposal or beneficial use.

EPA is also considering other changes to the requirements in the 2015 final rule for CCR.  EPA is proposing additions to its reporting requirements for annual groundwater monitoring and corrective action.  The agency is also proposing to establish an alternate risk-based groundwater protection standard for boron at 4,000 micrograms per liter.  Finally, the proposal includes changes to enhance the publicly accessible CCR website requirements. 

EPA will hold a public hearing on October 2, 2019 in Washington, D.C.; register here.

Comments are due on October 15, 2019.

Read the proposal and submit comments here.

Advocacy contact: Tabby Zeb at (202) 205-6790 or email at tayyaba.zeb@sba.gov.