Legislative and Regulatory Timeline for Fossil Fuel Combustion Wastes

This timeline walks through the history of fossil fuel combustion waste regulation since 1976 and includes information such as regulations, proposals, notices, amendments, reports and meetings and site visits conducted.

Date(s)	Action or Event	Notes on Significance to Fossil Fuel Combustion Wastes
10/21/1976	Enactment of Resource Conservation and Recovery Act (RCRA)
12/18/1978	EPA proposes first set of hazardous waste management standards (volume 43 of the Federal Register starting on page 58945) (pdf)(63 MB)	Wastes from the combustion of fossil fuels are proposed to be designated as one of the six “special wastes”, which are exempt from RCRA Subtitle C regulations
10/12/1980	Solid Waste Disposal Act Amendments enacted	Bevill amendment added: temporarily exempts three special wastes from hazardous waste regulation until further study is completed
11/19/1980	EPA promulgates interim final amendments to the hazardous waste regulations (45 FR 76618)(pdf)(491 MB)	Includes an exclusion for fossil fuel combustion wastes from the definition of hazardous waste
10/31/1982	EPA misses the statutory deadline for submitting fossil fuel combustion waste report to Congress
02/1988	EPA submits “Report to Congress on Wastes from the Combustion of Coal by Electric Utility Power Plants (pdf)(11.4 MB)”	Report only addressed wastes generated from combustion of coal by electric utility power plants and not co-managed utility coal combustion wastes, other fossil fuel combustion wastes, and wastes from non-utility boilers
08/31/1988	EPA misses the statutory deadline for making a regulatory determination on the wastes described in February 1988 report
06/1991	The Bull Run Coalition in Oregon files a suit against EPA for failure to complete the regulatory determinations on the 1988 report on the wastes studied and not studied
06/30/1992	EPA enters into a consent decree that establishes a schedule to complete all regulatory determinations	The EPA divides fossil fuel combustion wastes into two categories: (1) fly ash, bottom ash, boiler slag, and flue gas emission control waste from coal burning utilities, and (2) all the remaining wastes identified
08/09/1993	EPA publishes “Part 1 Regulatory Determination (pdf)” (58 FR 42466) (83.6 MB) for large-volume utility coal combustion wastes	EPA determines that fly ash, bottom ash, boiler slag, and flue gas emission control dust from coal burning utilities do not apply to Subtitle C and are excluded from the definition of hazardous waste under RCRA
03/31/1999	A “Report to Congress on Wastes from the Combustion of Fossil Fuels” (pdf) (3.6 MB) was submitted by the EPA	This report addressed the remaining wastes not addressed in the 1988 report
05/22/2000	EPA publishes a “Regulatory Determination on Wastes from the Combustion of Fossil Fuels” in the Federal Register	EPA concludes that national non-hazardous waste regulations under Subtitle D are needed for coal combustion wastes disposed of in landfills and surface impoundments and used as minefill. EPA retains the hazardous waste exemption for the remaining wastes. EPA also determines that beneficial uses of these wastes pose no significant risk (other than for minefilling) and no additional national regulation is needed.
05/2001-10/2002	The Interstate Mining Compact Commission conducts four Mine Placement of Coal Combustion Waste Meetings	The purpose of these meetings was to collect and analyze technical and regulatory information related to minefilling of coal combustion waste
09/2001-10/2002	EPA conducts site visits to collect information regarding the regulation of coal combustion waste minefill management practices
05/19 - 05/20/2003	EPA holds a meeting on Minefill Practices for Coal Combustion Residue
03/23-05/05/2004	EPA holds four public meetings to learn more about the use and disposal of coal combustion byproducts
03/01/2006	The National Academy of Sciences issues a report on the placement of coal combustion wastes in coal mines	EPA is working with the Office of Surface Mining Reclamation and Enforcement (OSMRE) as they amend the Surface Mining Control and Reclamation Act regulations
03/14/2007	OSMRE publishes an advanced notice of proposed rulemaking about the placement of coal combustion byproducts in active and abandoned coal mines
08/29/2007	EPA publishes a notice of data availability on the disposal of coal combustion waste in landfills and surface impoundments.
03/09/2009	EPA began mailing information request letters to electric utilities and corporations that have surface impoundments or similar units that contain coal combustion residuals.	These letters requested information to assist EPA in evaluating the structural integrity of these management units.
06/21/2010	For the first time, EPA proposes to regulate the disposal of coal combustion residuals from electric utilities	EPA proposes two possible options for the disposal of coal combustion residuals to address the risks from the combustion of coal at electric utilities and independent power producers.
08/20/2010	EPA publishes a proposed rule making several administrative corrections to the June 21, 2010 proposal, extending the comment period, and announcing additional public hearings.
10/21/2010	EPA publishes a notice of data availability on coal combustion residual surface impoundments.	This notice announces the availability of responses to information requests that EPA sent to electric utilities on their coal combustion residual surface impoundments as well as reports and materials related to the site assessments that EPA conducted on a subset of these units and seeks public comment.
10/12/2011	EPA publishes a notice of data availability on additional information regarding the June 21, 2010 disposal of coal combustion residuals from electric utilities proposed rule.	This notice announced and invited comments on additional information in conjunction with the June 21, 2010 proposed rule including chemical constituent and facility and waste management unit data, information on additional alleged damage cases, adequacy of state programs; and beneficial use.
08/02/2013	EPA publishes a notice of data availability on Disposal of Coal Combustion Residuals from Electric Utilities.	This notice requests comment on additional data in conjunction with the June 21, 2010 proposed rule to supplement the Regulatory Impact Analysis and risk assessment; information on large scale fill; and data on the surface impoundment structural integrity assessments.
12/19/2014	EPA signs the final rule on disposal of coal combustion residuals from electric.	EPA finalized national regulations providing a comprehensive set of requirements for the disposal of coal combustion residuals as solid waste under subtitle D of RCRA.
04/17/2015	The final rule on disposal of coal combustion residuals from electric utilities was published in the Federal Register.
07/02/2015	EPA published a final rule correcting the effective date of the disposal of coal combustion residuals final rule to October 19, 2015.
08/05/2016	EPA published a direct final rule and a companion proposal to extend for certain inactive CCR surface impoundments the compliance deadlines established by the regulations for the disposal of CCR.
03/15/2018	EPA proposes several amendments to the CCR regulations (known as Phase One).	The proposal: Addresses provisions of the final rule that were remanded back to the Agency on June 14, 2016 by the U.S. Court of Appeals for the D.C. Circuit; Provides states with approved CCR permit programs (or EPA where it is the permitting authority) under the WIIN Act the ability to set certain alternative performance standards; and Addresses one additional issue that has arisen since the April 2015 publication of the final rule. EPA is proposing six provisions that would allow states or EPA the ability to incorporate flexibilities into their coal ash permit programs. These flexibilities would also be available to facilities with U.S. EPA-issued CCR permits. Additionally, the proposal: Clarifies the type and magnitude of non-groundwater releases that would require a facility to comply with some or all of the corrective action procedures set forth in 40 CFR sections 257.96 through 257.98 in meeting their obligation to clean up the release. Adds boron to the list of constituents in Appendix IV of 40 CFR part 257 that trigger corrective action. Determines the requirement for proper height of woody and grassy vegetation for slope protection. Revises the current regulations to allow the use of CCR in the construction of final cover systems for CCR units closing pursuant to 40 CFR section 257.101 that are closing with waste-in-place. Adds a new paragraph to 40 CFR section 257.103 to allow facilities to qualify for the alternative closure provisions based on the continued need to manage non-CCR wastestreams in the unit.
07/30/2018	EPA finalized certain revisions to the 2015 regulations for the disposal of CCR in landfills and surface impoundments known as Phase One Part One.	Changes included: Adopting two alternative performance standards that either Participating State Directors in states with approved CCR permit programs (participating states) or EPA where EPA is the permitting authority may apply to owners and operators of CCR units. Revising groundwater protection standards (GWPS) for four constituents which do not have an established Maximum Contaminant Level (MCL). Extending the deadline by which facilities must cease the placement of waste in CCR units closing for cause in two situations: where the facility has detected a statistically significant increase above a GWPS from an unlined surface impoundment; and where the unit is unable to comply with the aquifer location restriction.
08/14/2019	EPA proposed changes to enhance public access to information and for reconsideration of the beneficial use criteria and piles.	The following changes were proposed: Replacing the 12,400-ton threshold that triggers an environmental demonstration with specific location-based criteria (e.g., placement in an unstable area, wetland, floodplain or seismic zone) derived from existing criteria for CCR disposal units. Establishing a single approach which would apply to all temporary placement of unencapsulated CCR on the land, regardless of whether the pile is on-site or off-site, or destined for beneficial use or disposal. Revising the annual groundwater monitoring and corrective action report requirements to make the data easier to understand and evaluate, including a requirement to summarize the results in an executive summary. Establishing an alternative groundwater protection standard for boron using the same methodology used for other CCR constituents, which would be finalized if boron is added to the list of constituents for assessment monitoring. Revising the CCR website requirements to ensure that relevant facility information required by the regulations is immediately available to the public. EPA solicited comments and information related to the proposed provisions, alternative approaches to the proposed provisions and other considerations outlined in the notice.
12/02/2019	On August 21, 2018, the D.C. Circuit Court of Appeals issued its opinion in the case of Utility Solid Waste Activities Group, et al. v. EPA (USWAG). This action proposes regulations to implement the court's vacatur of the provisions that allow unlined impoundments to continue receiving coal ash unless they leak, and that classify “clay-lined” impoundments as lined, thereby allowing such units to operate indefinitely. In addition, EPA also proposed to establish a revised date by which unlined surface impoundments must cease receiving waste and initiate closure, following its reconsideration of those dates in light of the USWAG decision.
02/20/2020	EPA proposed a streamlined, efficient, federal permitting program for the disposal of CCR in surface impoundments and landfills, which will also include electronic permitting. EPA has used the lessons learned from many years of implementing hazardous waste and other permitting programs to design an efficient, federal CCR permitting process. This proposal includes requirements for federal CCR permit applications, content and modification, as well as procedural requirements. EPA would implement this permit program directly in Indian Country, as it does other Resource Conservation and Recovery Act programs, and at CCR units located in states that have not submitted their own CCR permit program for approval.
03/03/2020	EPA proposed a number of revisions and flexibilities to the CCR regulations, the last in a set of four planned actions to implement the Water Infrastructure Improvements for the Nation Act, respond to petitions, address litigation and apply lessons learned to ensure smoother implementation of the regulations.	Specifically, EPA is proposing the following revisions: Procedures to allow facilities to request approval to use an alternate liner for CCR surface impoundments; Two co-proposed options to allow the use of CCR during unit closure; An additional closure option for CCR units being closed by removal of CCR; and Requirements for annual closure progress reports.
08/28/2020	EPA finalized certain revisions to the closure regulations for the disposal of CCR in landfills and surface impoundments known as Part A as well as provisions that enhance public access to information.	Changes included: changes to implement the court’s vacatur of the provisions that allow unlined surface impoundments to continue receiving coal ash unless they leak, and that classify “clay-lined” surface impoundments as lined. establishment of a revised date of April 11, 2021 by which unlined surface impoundments and units that failed the aquifer location restriction must cease receiving waste and initiate closure or retrofit. revisions to the alternative closure provisions that would grant certain facilities additional time to develop alternative capacity to manage their waste streams (including additional waste - primarily non-CCR wastewater - generated at the facility) before they must stop receiving waste and initiate closure of their surface impoundments. amendments to the annual groundwater monitoring and corrective action report and the requirements for the publicly accessible internet sites that were proposed on August 14, 2019.
10/14/2020	EPA requested comments in an advanced notice of proposed rulemaking and data on inactive surface impoundments at inactive facilities to assist in the development of future regulations for these CCR units.	EPA sought comments and data on inactive surface impoundments at inactive electric utilities, referred to as "legacy CCR surface impoundments" or "legacy units", to assist in the development of future regulations for these coal combustion residuals units. This action is in response to the August 21, 2018 opinion by the U.S. Court of Appeals for the District of Columbia Circuit (Utility Solid Waste Activities Group, et al v. EPA) that vacated and remanded the provision that exempted inactive impoundments at inactive facilities from the April 17, 2015 CCR rule. EPA requested input on a potential definition of a legacy CCR surface impoundment and is specifically soliciting information on the types of inactive surface impoundments at inactive facilities that might be considered legacy surface impoundments. Specifically, EPA requested information on: the number of legacy units, their current status (i.e., capped, dry, closed according to state requirements, still holding water), and names and locations of former power plants that may have these units and when the plants closed. Finally, the Agency took comment on EPA's regulatory authority, the appropriate regulatory approach for these units and the timeframes to come into compliance with those regulations.
11/12/2020	EPA finalized procedures to allow a limited number of facilities to demonstrate to EPA or a Participating State Director that, based on groundwater data and the design of a particular surface impoundment, the unit has and will continue to ensure there is no reasonable probability of adverse effects to human health and the environment. Therefore, these CCR surface impoundments should be allowed to continue to operate.
12/22/2020	EPA announced the availability of new information and data pertaining to the agency's August 14, 2019 proposed rule Federal Register publication. EPA requested public comment on whether this additional information may inform the Agency's reconsideration of the beneficial use definition and provisions for coal combustion residuals accumulations. Moreover, the Agency accepted additional information and data from the public that may further help inform the Agency's reconsideration of these two issues.
5/18/2023	EPA proposed changes to the CCR regulations for inactive surface impoundments at inactive electric utilities, referred to as "legacy CCR surface impoundments". The proposed requirements largely mirror those put into place through regulation in 2015 for inactive impoundments at active facilities. This notice is in response to the August 21, 2018, court decision that vacated and remanded the provision of the 2015 CCR rule that exempted inactive impoundments at inactive electric utilities. In addition, through implementation of the 2015 CCR rule, EPA found areas at regulated CCR facilities where CCR was disposed of or managed on land outside of regulated units at CCR facilities, referred to as "CCR management units." So, EPA is also proposing to extend a subset of requirements in the CCR regulations to these CCR management units.
11/14/2023	EPA published a notice of data availability related to this proposed rule. EPA made available new information and data pertaining to the Agency’s May 18, 2023 proposed changes about legacy CCR surface impoundments and CCR management units.
5/8/2024	EPA finalized changes to the CCR regulations for inactive surface impoundments at inactive electric utilities, referred to as "legacy CCR surface impoundments." In addition, through implementation of the 2015 CCR rule, EPA found concerns with areas at regulated CCR facilities where CCR was disposed of or managed on land outside of regulated units at CCR facilities, referred to as “CCR management units” or “CCRMU.” To address the impacts of these units on human health and the environment, EPA also finalized a subset of requirements for these units.