Office of Resource Conservation and Recovery

EPA-530-F-24-011
April 2024

Fact Sheet: Legacy Coal Combustion
Residuals Surface Impoundments and CCR
Management Units Final Rule

The United States Environmental Protection Agency
finalized a rule that requires the safe management of coal
ash that is placed in areas that were unregulated at the
federal level until now. This includes inactive power plants
with surface impoundments that are no longer being used
and historical coal ash disposal areas at active power
plants. This rule applies to historical contamination and
inactive units that no longer support current power plant
operations. This fact sheet provides an overview of this
final rule.

What Does the Final Rule Do?

On April 25, 2024, EPA announced a final ruie
that amends the rules governing the disposal of
CCR in landfills and surface impoundments.

Why This Rule is Important

Coal ash is a byproduct of burning coal in power
plants that, without proper management, can
pollute waterways, groundwater, drinking
water, and the air. Coal ash contains
contaminants like mercury, cadmium,
chromium, and arsenic associated with cancer
and/or various other serious health effects.

Many facilities stored coal ash in surface
impoundments, which have the potential to
leak or to fail, sending coal ash and its
contaminants into water sources, including
surface water and groundwater.

Regulations for Legacy Surface
Impoundments

On April 17, 2015, the EPA promulgated
national minimum criteria for existing and new

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CCR landfills and existing and new CCR surface
impoundments. This final rule did not impose
any requirements on inactive facilities. On
August 21, 2018, the U.S. Court of Appeals for
the District of Columbia Circuit vacated the
exemption for inactive surface impoundments
at inactive facilities, referred to as "legacy
surface impoundments", and remanded the
issue back to EPA.

Legacy CCR surface impoundments are more
likely to be unlined and unmonitored, making
them more prone to leaks and structural
problems than units that are currently in
service. To address these concerns, with this
final rule, EPA is creating safeguards for legacy
CCR surface impoundments that largely mirror
those for inactive impoundments at active
facilities, including requiring the proper closure
of the impoundments and remediating CCR-
contaminated groundwater.

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Regulations for CCR Management
Units

In addition, through implementation of the
2015 CCR rule. EPA found that power plants
with regulated impoundments had also
disposed of coal ash in areas outside of
regulated units, and that many utilities had
identified these areas as the source of detected
groundwater contamination. These areas,
referred to as "CCR management units," consist
of CCR surface impoundments and landfills that
were closed prior to the effective date of the
2015 CCR Rule, and inactive CCR landfills, which
include inactive CCR piles.

In this final rule, EPA establishes groundwater
monitoring, corrective action, closure, and post
closure care requirements for these areas. CCR
management units are subject to the
regulations when they are located at active
facilities and inactive facilities with a legacy CCR
surface impoundment.

Applicability and Facility Evaluation
Reports

EPA finalized that for both legacy CCR surface
impoundments and CCR management units,
owners and operators of facilities first will need
to write reports with information to identify the
units, include figures of the facilities and where
the units are located, and the sizes of the units.
These entities then must post these reports on
their websites for the public to access.

Compliance Deadlines

This rule becomes effective six months after
publication of the final rule in the Federal
Register. No facility is required to meet any of
the new requirements before that six-month
date.

groundwater monitoring system, developing
the groundwater sampling and analysis
program).

Power Sector Engagement and
Outreach

Power plants no longer use the areas that are
the subject of this rule to support their current
operations (i.e., they no longer need to place
additional coal ash in these units). However,
EPA will continue to work with power facilities
and grid operators to address any reliability
concerns.

Closure of CCR Units by Removal of
CCR

From the Part B proposal from March 3, 2020,
EPA finalized provisions that allow facilities that
closed units by removal to do corrective action
in a post closure care period.

Where Can I Find More
Information?

1.	Check out our final rule webpage.

2.	For information, contact Michelle Lloyd by
email at lloyd.michelle@epa.gov or by
telephone at (202) 566-0560.

3.	For press inquiries, contact: press@epa.gov.

The compliance deadlines allow additional time
beyond the effective date for facilities to
comply with certain technical criteria based on
the amount of time EPA projects that facilities
need to complete them (e.g., installing the

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