Navigating Challenges Presented by State CCR Regulations

Brian Hennings, Ramboll
Eric Tlachac, Ramboll
Victor Modeer, Luminant

Description

Navigating Challenges Presented by State CCR Regulations Authors Mr. Brian Hennings - United States - Ramboll Mr. Eric Tlachac - United States - Ramboll Mr. Victor Modeer - United States - Luminant Abstract State regulation of coal combustion residuals (CCRs) continues to evolve following the United States Environmental Protection Agency’s (USEPA’s) 2015 final rule, Disposal of Coal Combustion Residuals from Electric Utilities (CCR Rule). The 2016 Water Infrastructure Improvements for the Nation (WIIN) Act amended Section 4005 of the Resource Conservation and Recovery Act (RCRA) to provide a framework for the establishment of state CCR permit programs with review and approval by USEPA, and multiple states have either already used this framework to establish a permit program or are in the process of doing so. This abstract expands upon content presented at the 2022 WOCA Conference incorporating activities that have occurred since that time. While state permit programs, if implemented, are required to comply with the 2015 rule and subsequent revisions, they may also be more stringent. Because USEPA is required to review and approve these programs, associated state regulations are often promulgated and become effective before USEPA is able to complete review and approval. This discrepancy in timing presents owners and operators with the complexity of simultaneously complying with both federal and state requirements that do not align exactly. An updated summary of state CCR regulatory activity at the time of publication is presented, along with example case studies involving implementation of Illinois’ related Part 845 regulations promulgated in 2021 and Wisconsin’s incorporation of the CCR Rule into their Chapter NR 500 solid waste management regulations in 2022.

 
May 14th, 10:30 AM May 14th, 11:00 AM

Navigating Challenges Presented by State CCR Regulations

Grand Rapids, Michigan

Navigating Challenges Presented by State CCR Regulations Authors Mr. Brian Hennings - United States - Ramboll Mr. Eric Tlachac - United States - Ramboll Mr. Victor Modeer - United States - Luminant Abstract State regulation of coal combustion residuals (CCRs) continues to evolve following the United States Environmental Protection Agency’s (USEPA’s) 2015 final rule, Disposal of Coal Combustion Residuals from Electric Utilities (CCR Rule). The 2016 Water Infrastructure Improvements for the Nation (WIIN) Act amended Section 4005 of the Resource Conservation and Recovery Act (RCRA) to provide a framework for the establishment of state CCR permit programs with review and approval by USEPA, and multiple states have either already used this framework to establish a permit program or are in the process of doing so. This abstract expands upon content presented at the 2022 WOCA Conference incorporating activities that have occurred since that time. While state permit programs, if implemented, are required to comply with the 2015 rule and subsequent revisions, they may also be more stringent. Because USEPA is required to review and approve these programs, associated state regulations are often promulgated and become effective before USEPA is able to complete review and approval. This discrepancy in timing presents owners and operators with the complexity of simultaneously complying with both federal and state requirements that do not align exactly. An updated summary of state CCR regulatory activity at the time of publication is presented, along with example case studies involving implementation of Illinois’ related Part 845 regulations promulgated in 2021 and Wisconsin’s incorporation of the CCR Rule into their Chapter NR 500 solid waste management regulations in 2022.