In the United States, when coal ash is disposed into surface impoundments and landfills, the ash is regulated as a "Special Waste" (i.e., non-hazardous) under the
Resource Conservation and Recovery Act (RCRA). EPA published a Coal Combustion Residuals (CCR) regulation in 2015. The agency continued to classify coal ash as non-hazardous (thereby avoiding strict permitting requirements under
RCRA Subtitle C), but with new restrictions: • Existing ash ponds that are contaminating groundwater must stop receiving CCR, and close or retrofit with a liner. • Existing ash ponds and landfills must comply with structural and location restrictions, where applicable, or close. • A pond no longer receiving CCR is still subject to all regulations unless it is dewatered and covered by 2018. • New ponds and landfills must include a geomembrane liner over a layer of compacted soil. In 2016, the
United States Court of Appeals for the District of Columbia Circuit vacated the "early closure" provisions in the regulation at 40 CFR 257.100. EPA then extended the compliance date for inactive ponds that attempted to utilize the early closure provisions. In 2018, at the request of industry, EPA extended the compliance date for unlined ash ponds from 2019 to 2020, and provided more flexibility to state agencies in determining compliance with standards. The 2018 regulation was challenged in litigation and remanded by the court to EPA for further revision. The court ruled that EPA failed to adequately address the problems with unlined ponds, many of which continue to leak into groundwater. In 2019, the court agreed to a voluntary remand while allowing the 2020 compliance deadline for unlined ponds to stay in effect, pending further rulemaking. EPA published a proposed rule on August 14, 2019 that would use location-based criteria, rather than a numerical threshold (i.e. impoundment or landfill size) that would require an operator to demonstrate minimal environmental impact so that a site could remain in operation. In response to litigation on the 2015 regulation, EPA published a final RCRA regulation on August 28, 2020 requiring all unlined ash ponds to retrofit with liners or close by April 11, 2021. Some facilities may apply to obtain additional time—up to 2028—to find alternatives for managing ash wastes before closing their surface impoundments. == References ==