How Electrical Utilities Should Prepare for the Updated Coal Combustion Residual Rule

Andrew Schwoerer, P.G. – Staff Professional

On May 18, 2023, the United States Environmental Protection Agency (USEPA) proposed changes to the coal combustion residuals (CCR) regulations for “legacy CCR surface impoundments” and a newly identified “CCR management units”.

Why are these changes significant? For starters, these units were exempt from regulatory authority under the previous CCR Rule in the federal registrar. The proposed rule outlines new requirements that electric utilities and independent power producers must adhere to under an expedited compliance schedule. This can pose challenges for generating utilities if they wish to stay in compliance with federal rules.

That means if you’re an electric utility or independent power producer, you may have unregulated CCR units at your active and/or inactive facilities that will be affected by the proposed rule change. If you need help navigating these changes and understanding their impact on your facilities, keep reading. In this first blog, I’ll explain the newly defined CCR units. In a later blog, I’ll discuss the regulatory requirements for each unit, and outline the next steps you can take to prepare for the rule’s implantation later in 2024.

Let’s begin with some definitions.

Defining CCR Units at Your Facilities

• Legacy CCR surface impoundments – These are impoundments at inactive electric utilities that held CCR and liquids on or after October 19, 2015.
• CCR management units – Any area managing non-containerized CCR, including inactive landfills or units that closed prior to October 19, 2015.

These definitions might seem a bit vague, so let’s break it down in simpler terms. If your facility is active (meaning it has generated electricity after October 19, 2015) then almost any accumulation of CCR at the facility that is not currently regulated as a CCR Surface Impoundment or Landfill would fall under the category of a CCR management unit. This includes anywhere that ash may have been used as a structural fill, as backfill for a construction project, or historical disposal.

On the other hand, if your facility is inactive (it stopped generating electricity before October 19, 2015), and the facility handled CCR management with an impoundment(s) that holds both CCR and liquid (like porewater, rainwater, or groundwater), it would be considered a legacy CCR surface impoundment as referenced above. It’s worth noting that even without any liquid, or if CCR were placed somewhere else on-site, it would fall under the definition of a CCR management unit and would still be regulated.

It’s important to note that the proposed CCR Rule leaves room for some interpretation, as even the USEPA admits their definitions are broad, as they do not intend that the placement of any amount of CCR would necessarily constitute a CCR management unit.

Units such as process water ponds, wastewater treatment ponds, stormwater ponds, silos, and CCR beneficially used in roads and associated embankments would not be considered CCR management units under the proposed rule, unless it is determined that these units are contributing to groundwater contamination.

If deciphering the USEPA’s definitions seems messy, don’t worry. GEI has a dedicated team of CCR experts to help you navigate the proposed rule and ensure compliance at your active and inactive facilities.

Contact me if you have any questions about these definitions and look for me at the World of Coal Ash 2024 Conference in Grand Rapids, Michigan. I’ll also be publishing part 2 in this blog series where I’ll dive into the proposed rule’s regulatory requirements and potential next steps for generating utilities.