• Proposed: June 21, 2010
• Public comment period: Ended November 19, 2010
• Final rule: Expected early 2013
• Compliance: 2018 - 2021

Coal combustion residuals (CCRs, also referred to as coal combustion products or CCPs) are the noncombustible materials that remain after coal is burned. Many CCRs are safely stored in landfills or surface impound-ments (ash ponds). A December 2008 incident at a facility associated with a Tennessee Valley Authority power plant brought the handling and storage of these materials under scrutiny.

On two previous occasions in 1993 and 2000 the U.S. Environmental Protection Agency (USEPA) determined that CCRs do not warrant regulation under the hazardous waste program.

What - The rule will apply to the products that result from the burning of coal: fly ash, bottom ash and boiler slag. It also will apply to the products of the flue gas desulfurization process to reduce sulfur dioxide emissions: typically calcium sulfate or synthetic gypsum.

The proposal does not apply to CCRs that are beneficially used, although the proposal clarifies what is beneficial use.

The proposal addresses protective controls at new landfills and requires liners at existing surface impoundments with incentives to close those facilities. USEPA also proposes establishing dam safety requirements to address the structural integrity of surface impoundments.

How - USEPA offered three options for classifying CCRs under its Resource Conservation and Recovery Act (RCRA). It requested public comment on all three:

• Under RCRA Subtitle C, CCRs would be regulated under the hazardous waste rules from their point of generation to the disposal facility, including after a facility is closed. USEPA would enforce requirements.
• Under RCRA Subtitle D, CCRs would continue to be classified as non-hazardous waste. Composite liners would be required on all new and existing facilities. States or citizens would enforce requirements.
• Classification as non-hazardous waste under RCRA Subtitle D prime is a new alternative. D prime would allow existing facilities that demonstrate safe operation to continue to operate for the remainder of their useful lives.

Who - The proposal applies to all CCRs generated by electric utilities and independent power producers.

When - Compliance deadlines vary for different aspects of the rule and by location. Compliance with all aspects of the rule is required within seven years of issue of a final rule, if variances are granted.