Today the USEPA proposed two alternative options (75 FR 35128) for regulating coal combustion residuals ("CCR"). Under the first proposal, CCR would be listed as a special waste subject to RCRA subtitle C regulation when destined for disposal. The second proposal would continue to regulate CCR under RCRA subtitle D by issuing national minimum criteria.
This proposed regulation also would establish dam safety requirements to address structural integrity of surface impoundments to prevent catastrophic releases of CCR. Lastly, EPA hopes to refine its regulations regarding the beneficial use of CCR.