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EPA Proposing Regulatory Changes for Coal Combustion Residuals


On May 4, 2010 EPA released for public comment a proposed rule for regulating coal combustion residuals (CCR) generated by the combustion of coal at electric utilities and independent power producers. The 90 day public comment period was extended through November 19, 2010; however, a final decision is not expected immediately. Two regulatory options have been proposed; under the first proposal CCR would be listed as special waste subject to regulation under Subtitle C of RCRA when designed for disposal in landfill and other surface impoundments, however, under the second proposal, all CCR would be regulated under Subtitle D of RCRA. EPA defines CCR as fly ash, bottom ash, and boiler slag.


Of concern to the environmental consulting community are the potential costs associated with changes in the regulatory status of CCR as a hazardous waste as it relates to landfill and disposal of this material. Although the proposed EPA rule is presently applicable only to electric utilities and independent power producers, CCR is often present in significant quantity in urban fill. EPA changes in the regulatory status of CCR as either a non-hazardous or hazardous waste can be expected to eventually impact the decisions made regarding the cleanup of Brownfield sites in Massachusetts and other states.


To learn more follow this link to EPA’s website for additional information on CCR’s:, or contact Charles Young at

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