Coal combustion residual (CCR) regulations were recently expanded with the passage of the “Legacy Rule”.  This rule establishes criteria for inactive surface impoundments at inactive electric utilities, referred to as "legacy CCR surface impoundments" but that were not covered by the original CCR rules that passed in 2015.  The rule also addresses areas at all “Covered Facilities” where CCR was received, placed, or otherwise managed on land outside of regulated CCR units, referred to as “CCR management units.” 

Despite hopes that the courts would stay or repeal the CCR Legacy Rule, the timelines for applicability reviews and implementation are active, and the compliance clock is ticking. While many utilities with coal-fired energy plants have planned for the new compliance criteria, other stakeholders, such as those who acquired former coal-fired energy sites or own sites with off-site CCR placement, may not be aware of the rule’s impact. The first step for these groups is to complete an Applicability Report by November 4, 2024, for Legacy Surface Impoundments or a Facility Evaluation Report (part 1) for CCR management units by February 9, 2026. The findings of these reports will determine the next steps and timelines for maintaining compliance.

If you or your legal team would like assistance with CCR compliance, Verdantas is ready to help!

Contact our Team:

Bill Petruzzi, PG

Kelly Bensman, PG

Ziqi He, PE

Gabrielle Martin