The U.S. Environmental Protection Agency (EPA) issued a final rule to deal with the disposal of coal combustion residuals (CCR) from electric utilities, which stemmed from a 2008 coal ash spill at a coal-fired power plant operated by the Tennessee Valley Authority (TVA).

The full rulemaking is available here. A fact sheet summarizing the rule is available here.

EPA says the rule establishes technical requirements for CCR landfills and surface impoundments under Subtitle D of the Resource Conservation and Recovery Act (RCRA), the U.S.’s primary law for regulating solid waste.

These regulations address the risks from coal ash disposal including leaking of contaminants into ground water, blowing of contaminants into the air as dust, and the catastrophic failure of coal ash surface impoundments. Additionally, the rule sets recordkeeping and reporting requirements as well as the requirement for each facility to establish and post specific information to a publicly accessible website. This final rule also supports what EPA calls the “responsible recycling” of CCRs by distinguishing safe, beneficial use from disposal.

On Dec. 22, 2008, a large coal ash spill occurred at the TVA power plant in Kingston, Tenn., flooding more than 300 acres of land and releasing coal ash into the Emory and Clinch rivers. This spill prompted EPA to assess coal ash surface impoundments and gather information from facilities managing coal ash nationwide. On June 21, 2010, EPA proposed regulations under RCRA to address the risks from the disposal of CCRs generated from the combustion of coal at electric utilities and independent power producers.

This proposal contained two regulatory options due to the significant and technical policy issues involved in regulating these wastes.

Under the first, EPA proposed to list these residuals as special wastes subject to regulation under Subtitle C of RCRA, when they are destined for disposal in landfills or surface impoundments. Under the second option, EPA proposed to regulate disposal of such materials under Subtitle D of RCRA by issuing national minimum criteria.

Under both alternatives EPA proposed to establish dam safety requirements to address the structural integrity of surface impoundments to prevent catastrophic releases. EPA established regulations under Subtitle D of RCRA.