EPA has lingering concerns that previously unregulated CCR surface impoundments (at inactive facilities) and CCR management units (surface impoundments and landfills that closed prior to the effective date of the 2015 rule) could be prone to adverse groundwater impact. Through this rule, EPA captures these CCR units and works to reduce potential for impoundment failures, protect groundwater around CCR management units, and establishes clear operating and record-keeping requirements for electric utilities. Once the rule becomes effective, Legacy Surface Impoundments must comply with the same requirements as inactive CCR impoundments at active power plants, except for liner design criteria and location restrictions. To be a Legacy Surface Impoundment, the unit must not only meet the definition of a CCR surface impoundment but must also be located at an inactive electric utility and have contained both CCR and liquids on/after October 19, 2015. In addition, the new rule involves CCR Management Units, which include CCR surface impoundments and landfills closed prior to October 19, 2015, inactive CCR landfills, and inactive CCR piles. These units must now comply with various groundwater monitoring, corrective action, closure, and post closure care requirements. Owners and operators of newly affected CCR units are required to prepare and publish information about the units. While the rule will take effect six months after publication in the Federal Register, EPA separated the facility evaluation into two segments, with part one being within 15 months of the effective date and part two being due within 27 months of the effective date. In concert with the new CCR regulations, owners/operators of legacy, existing, or new CCR units should be aware that “Protecting Communities from Coal Ash Contamination” was added as a new National Enforcement and Compliance Initiative (NECI) for the FY 2024-2027 cycle. The establishment of this new NECI was driven by EPA’s concern that noncompliance with CCR requirements is widespread and potentially causing air pollution and water contamination threats to nearby communities. Therefore, the focus of this NECI will revolve around investigations at CCR facilities that impact overburdened communities, looking at several key areas: f Proper closure f Establishment of sufficient monitoring network f If Assessment Monitoring is triggered, the validity of the Alternative Source Determination or the effectiveness of the corrective measures With environmental justice in mind, given the public scrutiny and publication requirements for facilities, owners/operators of CCRs should ensure that all aspects of CCR compliance are carefully considered and evaluated, as this will be an area of intense scrutiny in the coming years.
This final rule also establishes numerical limits for mercury and arsenic for two categories of wastewater discharges: f Combustion Residual Leachate discharged through groundwater, and f Legacy wastewater discharged from surface impoundments if the surface impoundments have not started closure as of the rule’s effective date. These legacy wastewater ELGs become effective 60 days after publication in the Federal Register To provide implementation flexibility, EPA introduces a new subcategory for EGUs permanently ceasing coal combustion by 2034. These EGUs can comply with the 2020 rule requirements for flue gas desulfurization and bottom ash transport water. This subcategory also allows condensate residual leachate discharge requirements to vary based on whether the EGU is combusting coal. EPA has provided a “no later than” deadline of December 31, 2029, for compliance with the rulemaking, and has urged permitting authorities to choose compliance dates as soon as possible on or after 60 days from publication in the Federal Register. The option to avoid the new rules by setting a sunset date for these units adds further pressure on the industry to move away from coal-fired generation. Safe Management of Coal Ash in Areas Previously Unregulated at the Federal Level On December 22, 2008, a dike failure at the Tennessee Valley Authority (TVA) Kingston Fossil Plant resulted in over 5 million cubic yards of coal ash being released, eventually reaching the main Emory River channel. The ensuing 6-year cleanup and restoration process cost over $1 billion and drove the EPA to promulgate regulations for Coal Combustion Residuals (CCR) for Electric Utilities in April 2015. This finalized regulation (40 CFR Part 257) applies to inactive surface impoundments at inactive power plants and historical coal ash disposal areas. EPA refers to these inactive facilities as “legacy CCR surface impoundments” and the rule would address “groundwater contamination, surface water contamination, fugitive dust, floods and impoundment overflows, and threats to wildlife” (EPA, April 2024). In April 2015, EPA established regulations for new and existing Coal Combustion Residual (CCR) landfills and surface impoundments at electric utilities with the goal of protecting the groundwater surrounding CCR units and reducing the potential for impoundment failures. The rule establishes criteria, among other things, for structural integrity and groundwater monitoring. The 2015 rule primarily addresses CCR units at active facilities and does not address CCR units at inactive facilities or CCR units that closed prior to October 19, 2015.
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