On August 27, 2015, Roger Clarke of Xcel Energy--and the A&WMA Upper Midwest Section Waste Committee Chair--will present a summary of the final, adopted rule for the management of Coal Combustion Residuals (CCR), commonly known as coal ash, from coal-fired power plants. The presentation will address the provisions of this new federal rule, will contrast it to the provisions of the Minnesota state program, and will discuss some of the potential challenges in implementation.
This rule, adopted as final on April 17, 2015 by the United States Environmental Protection Agency (US EPA) establishes technical requirements for landfills and impoundments that are used for the storage and/or disposal of CCRs. Under this rule CCR landfills and surface impoundments will be regulated under subtitle D (non-hazardous waste of the Resource Conservation and Recovery Act (RCRA) and establishes criteria for the beneficial use of CCRs.
The final CCR rule is a self-implementing rule. This means that affected facilities must comply with the new regulations irrespective of whether a state adopts the rule. The rule does not require regulated facilities to obtain permits, does not require the states to adopt and implement the new rules, and cannot be enforced by the EPA. Instead, the rule’s only compliance mechanism is for a state or citizen group to bring a RCRA Citizen suit in federal district court. In states such as Minnesota, with a robust program, affected facilities will need to meet the provisions of the state and federal program.
Please register using the webform to the right.