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Frequent Questions about Scope and Purpose and Implementing the Final Rule Regulating the Disposal of Coal Combustion Residuals (CCR)

EPA developed a list of responses to the many questions the Agency received about implementing the 2015 final CCR disposal rule. Questions that fall under the category of scope and purpose and their responses are below:

  • Is CCR generated at an active facility (i.e., part of the NAICS code 221112) but then sent for management at a facility no longer producing power regulated under the CCR rule?

    CCR generated at an active facility but then sent off-site for management at a facility no longer producing power is regulated under the rule. The rule at 40 CFR section 257.50(b) specifies that "this subpart applies to owners and operators of new and existing landfills and surface impoundments, including lateral expansions of such units, that dispose or otherwise engage in solid waste management of CCR generated from the combustion of coal at electric utilities and independent power producers." Even though the facility that owns the disposal unit may no longer be producing power, it owns and/or is operating an off-site CCR disposal unit. 40 CFR section 257.50(b) expressly clarifies that the requirements also apply to CCR disposal units located off-site of the electric utility or independent power producer.

Want to look at all of the 2015 final rule implementation questions at once? Check out the complete list in PDF format.