Two recent developments, the finalization of Part B of the coal combustion residuals, or CCR, rule and the finalization of the 2020 Steam Electric Reconsideration Rule have triggered conversation about, and litigation over, the path forward for long-term management of CCR in the United States. The two federal rules raise questions about which coal-fired power plants and coal ash basins are required to close, the timeline for closure or compliance and, for operational plants, what sort of coal ash slurry treatment is required in order to effectuate compliance. In Pennsylvania, the Department of Environmental Protection (DEP) may face challenges from facilities requesting the relaxation of permit conditions to reflect the latest rules. Throughout the industry, pending litigation and tight deadlines may expose the electric generating industry to increased uncertainty and, potentially, expenditures in order to deal with CCR.

2020 Steam Electric Reconsideration Rule

On Aug. 31, the U.S. Environmental Protection Agency (EPA) finalized a rule revising the regulations for the Steam Electric Power Generating category, previously regulated under the 2015 Effluent Limitations Guidelines (ELG rule), 40 CFR Part 423. The ELG rule revises requirements for two specific waste streams produced by steam electric power plants: flue gas desulfurization (FGD) wastewater and bottom ash (BA) transport water.