UPDATE: Proposed Revisions to the CCR Rules

The following information is provided as an update to our recent blog on the proposed revisions to the CCR Rules.

EPA Acting Administrator Wheeler signed the Final CCR Rule Phase 1, Part 1 on July 17, 2018.  The rule will become effective 30 days after publication in the Federal Register.  The main points of the rule include:

1. Addition of risk-based groundwater protection standards (GWPS) based on regional screening levels (RSLs) for cobalt, molybdenum, lead, and lithium – the four Appendix IV constituents that do not have Maximum Contaminant Levels (MCLs),
2. Extension of the deadline for the mandatory closure of unlined surface impoundments that exceed GWPS and facilities that do not meet the location restriction for placement above the uppermost aquifer, and
3. Provision for states with approved CCR permit programs under the Water Infrastructure Improvements for the Nation (WIIN) Act or EPA to use alternative performance standards, including: (1) suspending groundwater monitoring requirements if there is no potential for migration of hazardous constituents to the uppermost aquifer, and (2) issue technical certifications.

For those interested in exploring this topic further:

A prepublication copy of the rule is available at https://www.federalregister.gov/documents/2018/07/30/2018-16262/hazardous-and-solid-waste-management-system-disposal-of-coal-combustion-residuals-from-electric

CEC’s previous blog, Proposed Revisions to the CCR Rules: https://www.cecinc.com/blog/2018/05/18/proposed-revisions-to-the-ccr-rules/

If you have questions regarding U.S. EPA’s proposed changes to the CCR Rules, please contact: Roy Stanley, C.P.G. (rstanley@cecinc.com; 888-598-6808 ext. 3316) in our Columbus office, or Brianne Hastings, P.G. (bhastings@cecinc.com; 800-365-2324 ext. 1117) or Mark Orzechowski, P.G. (morzechowski@cecinc.com, 800-365-2324 ext. 1152) in our Pittsburgh office.