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ARTICLE · 21 JANUARY 2022

A Deeper Dive Into CCR Impoundments: EPA's Long-Awaited Demonstration Determinations

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In 2015, the U.S. Environmental Protection Agency (EPA, or the "Agency") promulgated national regulations governing the disposal of coal ash generated by coal-fired power plants, or coal combustion residuals (CCRs).

United StatesEnvironment
David H. Quigley
David H. Quigley
Bryan Williamson
Bryan Williamson
Samendra Prasad
Samendra Prasad
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In 2015, the U.S. Environmental Protection Agency (EPA, or the "Agency") promulgated national regulations governing the disposal of coal ash generated by coal-fired power plants, or coal combustion residuals (CCRs). Following revisions made in response to legal challenges spanning multiple administrations, the so-called CCR Rule establishes requirements for CCR landfills and surface impoundments, including a requirement for operators of unlined CCR surface impoundments to halt receipt of CCR and non-CCR waste streams and initiate retrofitting or closure by April 2021. The CCR Rule provided an opportunity for operators to extend that deadline if they could demonstrate to EPA that they: (1) could not feasibly secure additional disposal capacity prior to that date; or (2) would shut down permanently their plant's coal-fired boilers shortly thereafter. Given the number of unlined, industrial surface impoundments in the United States, 57 facilities made

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