Differences Between Two Possible Coal Ash Waste Regulations
EPA seeks comments on two proposed options for regulations of Coal Ash Wastes: Subtitle C and Subtitle D. This table provides an easy format to view the differences between these two possible regulatory options.
Coal Combustion Residuals - Key Differences Between Subtitle C and Subtitle D Options
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Key Differences Between Subtitle C and Subtitle D Options |
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SUBTITLE C |
SUBTITLE D |
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Effective Date: |
Timing will vary from state to state, as each state must adopt the rule individually-can take 1 – 2 years or more |
Six months after final rule is promulgated for most provision: certain provisions have a longer effective date |
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Enforcement: |
State and Federal enforcement |
Enforcement through citizen suits; States can act as citizens. |
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Corrective Action |
Monitored by authorized States and EPA |
Self-implementing |
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Financial Assurance |
Yes |
Considering subsequent rule using CERCLA 108 (b) Authority |
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Permit Issuance |
Federal requirement for permit issuance by States |
No |
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Requirements for storage, including containers, tanks, and containment buildings |
Yes |
No |
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Surface Impoundments built before rule is finalized |
Remove solids and meet land disposal restrictions; retrofit with a liner within five years of effective date. Would effectively phase out use of existing surface impoundments |
Must remove solids and retrofit with a composite liner or cease receiving CCRs within 5 years of effective date and close the unit |
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Surface Impoundments built after rule is finalized |
Must meet Land Disposal Restrictions and liner requirements. Would effectively phase out use of new surface impoundments. |
Must install composite liners. No Land Disposal Restrictions |
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Landfills built before rule is finalized |
No liner requirements, but require groundwater monitoring |
No liner requirements, but require groundwater monitoring |
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Landfills built after rule is finalized |
Liner requirements and groundwater monitoring |
Liner requirements and groundwater monitoring |
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Requirements for Closure and post-closure care |
Yes; monitored by States and EPA |
Yes; self-implementing |
The requirements under subtitle D are those that EPA will be proposing based on statutory authority. States, under their own programs, can adopt requirements for which we do not have authority.
While the co-proposed RCRA subtitle D regulations do not include provisions for financial assurance, EPA has stated that classes of facilities within the Electric Power Generation, Transmission, and Distribution industry are among those for which EPA plans to develop, as necessary, a proposed regulation under the authority of CERCLA 108(b).
