Source Siting Restrictions Permits Liners GW Monitoring Closure FA Corrective 

Action Dam Integrity

ICF 2010 Study didn't look at Alabama

DOE/EPA 2006 (Report only looked at 5 states for siting) NPDES permit, if there is a point discharge to State waters Established, as necessary, on a case-specific basis in 

NPDES permit

Established, as necessary, on a case-specific basis in 

NPDES permit (Report only looked at 5 states for closure) (Report only looked at 5 states for FA) (Report only looked at 5 states for corrective action)

RIA 2010 No No No No

DPRA 2005 No No No

ADEM Comments 5' above max. w.t. level Equal to Federal MSW requirements

State Regs No Dam Integrity Standards

Docket #10496.2 No.

ICF 2010 Arizona issues APP's on an general and individual basis ADEQ evaluates and requires BADCT in issuing permits Monitoring requirements for individual APPs are 

determined by ADEQon a permit-specific basis

If a facility does not qualify for "clean closure" then "postclosure is required

DOE/EPA 2006 (N/A-Study didn't look at AZ)

RIA 2010 No No Yes Yes

DPRA 2005 No Post-closure Synthetic Cap Yes

ADEQ Comments Managed through Arizona Aquifer Protection Permits as 

discharge structures Established through permit on site-specific basis Alert Levels and Aquifer Quality Limits under Arizona Aquifer Protection Permits Site specific design through APP Tenet of Arizona Aquifer Protection Permit

Action alert level and 

response action in 

state permits

State Regs

Arizona Revised Statutes Title 45, 

Waters, Chapter 6, Dams and 

Reservoirs, Article I, Supervision 

of Dams, Reservoirs and Projects, 

ARS 45:1201-1223.

Docket #10496.2 No.

ICF 2010 Study didn't look at Colorado

DOE/EPA 2006 (N/A- Study didn't look at CO)

RIA 2010 Clay or soil deposit Yes Yes Yes

DPRA 2005 Clay or soil deposit Pre- and post-closure 

for new units Clay or synthetic cap Yes (New construction) New units

DPHE Comments

State Regs Colorado Revised Statutes Article 87, 

Reservoirs

Docket #10496.2

Discretionary. Class I Impoundments: double liners with 

high permeability collection layer between; Class II 

Impoundments: single liner. 6 CO ADC 1007-2:1-9.3; 9.4. 

On-site exemption 6 CO ADC 1007-2:1-1.4.

Yes. 6 CO ADC 1007-2:1-9.5.8 / on-site exempt

ICF 2010 Study didn't look at Florida

DOE/EPA 2006

NPDES/State wastewater permit, if there is a point source 

discharge to surface waters, OR State wastewater permit, if 

no NPDES permit is required, AND GW discharge permit, 

if GW-discharge considerations are not addressed in 

NPDES/State ww permit

Established, as necessary on a case-specific basis and 

documented in an NPDES permit, a GW-discharge permit, 

or a PPSA certification

Established, as necessary on a case-specific basis and 

documented in an NPDES permit, a GW-discharge permit, 

or a PPSA certification

(Report only looked at 5 states for closure)

RIA 2010 Composite Yes (New Units) No No

DPRA 2005 Composite Yes (New units) Yes

FDEP Comments

State Regs F.S. 1989, Chapter 373 Part IV, 

Sections 373.403 through 373.4596

Docket #10496.2 No.

ICF 2010 Study didn't look at Georgia

DOE/EPA 2006 (Report only looked at 5 states for siting)

NPDES permit (point source discharge); OR written 

approval from GDNR Environmental Protection Division if 

discharge from non-point source is proposed

Established, as necessary, on a case-specific basis in 

NPDES permit or discharge approval letter

Established, as necessary, on a case-specific basis in land 

disposal system permit (Report only looked at 5 states for closure) (Report only looked at 5 states for FA) (Report only looked at 5 states for corrective action)

RIA 2010 No No No No

DPRA 2005 No No Yes

GAEPD Comments 100-year floodplain, wetlands, 200' of fault, seismic impact 

zones, unstable areas State discretion for site specific criteria Yes Yes, GA Rule 391-3-4-.13(2)

State Regs O.C.G.A. 12-5-370 through 12-5-385)

Docket #10496.2 No.

ICF 2010

If a SI will discharge "waters of the state" the SI must be 

covered by an Illinois NPDES permit issued by IEPA. 

Construction and operating permits are required if NPDES 

permit not required

No formal requirements. 31 of the 83 coal ash 

impoundments are lined. IEPA has the authority to reuqire 

a liner in the SI as a condition for permit issuance

28 of the 83 SI's have GW monitoring.GW may be 

required on a case-by-case basis based on a condition of 

obtaining a permit

DOE/EPA 2006 Established, as necessary, on a case-specific basis in 

NPDES OR construction/operating permit

NPDES permit, if there is a point source discharge to State 

waters, OR Construciton/operating permit, if no NPDES 

permit is required

Established, as necessary, on a case-specific basis in 

NPDES OR construction/operating permit

Established, as necessary, on a case-specific basis in 

NPDES OR construction/operating permit

Established, as necessary, on a case-specific basis in 

NPDES OR construction/operating permit No, unless SI will be cloaed with waste in place Established, as necessary, on a case-specific basis in NPDES OR construction/operating permit

RIA 2010 No No No No

DPRA 2005 No No No GW degradation 

IEPA Comments Double composite for new units since 2009

State Regs

Illinois Administrative Code, Title 17 

(Conservation), Chapter I (Dept. of 

Natural Resources), Subchapter h 

(Water Resources)

Docket #10496.2

Two or more liners with leachate collection between. 

Lower liner may be composed of 5-foot thick layer of clay 

or "other natural material" with specified permeability. 35 

IL ADC 616.444.

Limited, ONLY where on-site impoundments within 

"setback zone" or "regulated recharge area." 35 IL ADC 

616.441; 616.443.

Cap, material not specified, lower permeability than liner

ICF 2010 Indiana is a delegated state for the NPDES program The Water Pollution Control Board has broad authority to 

require liners. It's a case-by-case basis. 

Case-by-case basis. Same regulatory provisions can be 

utilized as can be used for liner requirements. 

If coal ash is left in place at impoundment at time of 

closure, the site will be regulated as a landfill and solid 

waste management requirements will apply

DOE/EPA 2006 Established, as necessary, on a case-specific basis in water 

pollution control permits

Water pollution control facility construciton permit AND 

NPDES permit, if there is a point source discharge to State 

waters. Units that obtain water pollution control permits 

are expressly exempt from the Indiana solid waste 

permitting program

Established, as necessary, on a case-specific basis in water 

pollution control permits

Established, as necessary, on a case-specific basis in water 

pollution control permits

Established, as necessary, on a case-specific basis in water 

pollution control permits No Established, as necessary, on a case-specific basis in water pollution control permits

RIA 2010 No No No No

DPRA 2005 No No Action alert level and response action in state permits

IDEM Comments

IDNR Comments

State Regs Indiana Code Chapters 14-27-7 and 14-28-1

Docket #10496.2 No

ICF 2010 IDNR may regulate SI's by requiring construction and 

operation permits, and NPDES for point source discharge

Liners may be required through permit process on a caseby-case basisSame deal as liners. GW monitoring may be required on a 

case-by-case basis

DOE/EPA 2006 (N/A-Study didn't look at IA)

RIA 2010 No No No No

DPRA 2005 No No

IADNR Comments

State Regs

Chapters 70-75 of the Iowa 

Administrative Code, Title V, Flood

Plain Development.

Docket #10496.2 No

ICF 2010 Study didn't look at Kansas

DOE/EPA 2006 (N/A-Study didn't look at KS)

RIA 2010 Composite No No No

DPRA 2005 In floodplain with permit Composite No

KDHE Comments Required comprehensive engineering plans, site geological 

info, gw monitoring plan, financial assurance, operating 

State Regs

Docket #10496.2 Discretionary; KA ADC 28-29-18

ICF 2010 KDEP requires a Groundwater Protection Plan (GPP) New Facilities need to perform an assessment. Liners may 

be constructed from soils

KDEP has discretionary authority to determine that GW 

and surface water monitoring will be required 

KDEP has discretionary authority to determine that 

facilities perform corrective action

DOE/EPA 2006 (N/A - Study didn't look at KY)

RIA 2010 Composite Yes Yes Yes Yes

DPRA 2005 In floodplain, wetlands, unstable areas Composite Pre- and post-closure for new units Synthetic cap Yes

KDEP Comments Permit exemptions pursuant to 401 KAR 45:060 Permit exemptions pursuant to 401 KAR 45:060

Docket #10496.2 No

ICF 2010 Study didn't look at Lousiana

DOE/EPA 2006 (N/A-Study didn't look at LA)

RIA 2010 Composite Yes Yes No

DPRA 2005 Composite Pre- and post-closure

LDEQ Comments Yes

State Regs 70 LAC XIII Chapter 21

Docket #10496.2 Composite (30-mil geomembrane; 3 feet clay) or 

alternative. LAC 33:VII.713.A.3.d. Yes; LAC 33:VII.805.A Clay (24"), geomembrane,or liner; 6" topsoil

Yes, for closure and post-closure. LAC 33:VII.1303.

ICF 2010 Study didn't look at Maryland

DOE/EPA 2006 (N/A-Study didn't look at MD

RIA 2010 No No No No

DPRA 2005 No No

MDE Comments No existing surface impoundments

MDNR Comments CCR's may not be stored in unlined surfaces, impoundments, 

or pits

Iowa (IA)

Florida (FL)

Maryland (MD)

Illinois (IL)

Louisiana (LA)

Colorado (CO)

Kansas (KS)

Arizona (AZ)

Kentucky (KY)

Indiana (IN)

Georgia (GA)

Alabama (AL)
State Regs MDE Dam Safety Manual (1996)

Docket #10496.2 No

ICF 2010 Study didn't look at Michigan

DOE/EPA 2006 (N/A-Study didn't look at MI)

RIA 2010 Clay or Composite (New) Yes Yes Yes

DPRA 2005 Clay or Composite (New) Pre- and post-closure Clay or synthetic cap Yes (New construction) Yes

MIDNR Comments Clay or Composite (New) $20,000/acre up to $1,000,000, Perpectual Care Fund

State Regs

Part 315, Dam Safety, of the Natural 

Resources and Environmental 

Protection Act, 1994 PA 451

Docket #10496.2 Limited. Post-closure monitoring. MI ADC R.299.4309.2.

Erosion Layer (6" soil); 

infiltration layer (2' compact or flex mem liner; 2' add'l soil; 

MI ADC R.229.4304.6

Yes, closure and post-closure. MI ADC R.299.4922.4.

ICF 2010 Study didn't look at Minnesota

DOE/EPA 2006 (N/A-Study didn't look at MN)

RIA 2010 No (Yes within 4 feet of bedrock) Yes No Yes

DPRA 2005 No (Yes within 4 feet of bedrock) Pre-closure Yes No GW degradation 

MPCA Comments

State Regs Minnesota Statutes, Chapter 

103G.301 to 103G.561

Docket #10496.2 No

ICF 2010 SI's need to acquire 3 permits

MDNR may issue liner requirements on a case-by-case 

basis through construction and operating permists through 

this authority

Same process holds true for groundwater monitoring as 

does for liners in Missouri

SI's that will not remove waste prior to closure are treated 

as landfills under Missouri law and GW requirements 

apply1 GW montior upstream and 3 GW monitors 

DOE/EPA 2006 (Report only looked at 5 states for siting)

Construction permit and operating permit from Missouri 

Clean Water Commission, whether or not the design 

allows discharge. Exempt from solid waste permit if the 

later is obtained.

Soil or synthetic liner meeting required thickness, 

compaction percentage, and permeability specs

Established, as necessary, on a case-specific basis in 

wastewater treatment unit permits (Report only looked at 5 states for closure) (Report only looked at 5 states for FA) (Report only looked at 5 states for corrective action)

RIA 2010 Composite Yes Yes Yes

DPRA 2005 In floodplain, wetlands, fault areas, seismic zones, unstable 

areas, all if closed Composite Pre- and post-closure Soil cap Yes If closed w/ waste in place

MODNR Comments

State Regs Code of State Regulations 10 CSR 

22-1.010 to 10 CSR 22-4.020

Docket #10496.2 No

ICF 2010

DOE/EPA 2006

RIA 2010 No No No No

DPRA 2005 No No

State Regs

Title 36: Department of Natural 

Resources and Conservation; 

Chapter 25: Safety of Dams 1988

Docket #10496.2 No

ICF 2010 Study didn't look at North Carolina

DOE/EPA 2006 (N/A - Study didn't look at NC)

RIA 2010 Composite (New Units) Yes Yes No

DPRA 2005 4 feet above w.t., floodplain Composite Pre- and post-closure Soil cap Yes (New construction) Yes

State Regs North Carolina Administrative Code 

Title 15A -2K

NCDENR Comments Depth to groundwater, buffer to surface water NCAC 13B.0503 and .0504 Yes Yes Yes

Docket #10496.2 No

ICF 2010 SI's must be covered by a solid waste management permit 

issued by NDWM, may also be subject to NPDES permit

NDWM promulgated solid waste management regs 

requiring SI's to be equipped with liners on 12/1/92

Yes: I GW well upgradiant and 2 GW wells located 

downgradient. Variances may be granted

All solid waste management units must be designed, 

constructed, operated, maintained, closed, and maintained 

after closure to be in compliance with state water quality 

standards

DOE/EPA 2006 (N/A-Study didn't look at ND)

RIA 2010 Clay or synthetic Yes Yes Yes

DPRA 2005 Within aquifer, in floodplain, wetlands, unstable areas Clay or synthetic Pre- and post-closure Clay or synthetic cap Yes Yes

State Regs Article 89-08 of the North Dakota Administrative Code 

(1998)

Docket #10496.2 Soil (4 feet) or synthetic. ND ADC 33-20-08.1-01(2)(b). Yes ND ADC 33-20-13-02 Removal/reclamation or 

treatment/cap

Yes, for closure and third-party liability; for corrective 

action at agency's discretion. ND ADC 33-20-14-01.

ICF 2010

A groundwater discharge permit is a groundwater 

discharge plan approved by NMED. The GWQB's 

Discharge Permit Application includes "impoundment"

GWQB developed guidelines for synthetically lined 

lagoons, which represent min. liner material and site prep 

requirements

NMED may require monitoring on a site-specific basis

DOE/EPA 2006 (N/A-Study didn't look at NM)

RIA 2010 No No Yes Yes

DPRA 2005 No Synthetic cap Yes Abatement plan

State Regs

Manual of Rules and Regulations 

Governing the Appropriation and Use 

of Surface Waters of the State of New 

Mexico

Docket #10496.2

ICF 2010 Study didn't look at New York

DOE/EPA 2006 (N/A-Study didn't look at NY)

RIA 2010 Composite Yes Yes No

DPRA 2005 Composite Pre- and post-closure

State Regs Title 6 of the New York Code of Rules and Regulations 

(NYCRR) Part 608 and Part 673

Docket #10496.2

Two liners: upper 60-mil geosynthetic; lower composite 

(60mil geosynthetic; 2 feet compacted soil). 6 NY ADC 

360-6.5(b).

Yes, 6 NY ADC 360-6.5(d) w/ 

variances

Removal at closure; 

6 NY ADC 360-6.6 Discretionary. 6 NY ADC 360-1.12(a), (b).

ICF 2010 Study didn't look at OH

DOE/EPA 2006 (Report only looked at 5 states for siting) Permit to install a treatment or disposal unit; AND NPDES 

permit, if there is a point source discharge to State waters

Established, as necessary, on a case-specific basis in water 

pollution control permits

Established, as necessary, on a case-specific basis in water 

pollution control permits (Report only looked at 5 states for closure) (Report only looked at 5 states for FA) (Report only looked at 5 states for corrective action)

RIA 2010 No No No No

DPRA 2005 No No

State Regs Ohio Revised Code – (ORC) Title XV

Docket #10496.2 No

ICF 2010 Study didn't look at PA

DOE/EPA 2006 All residual waste disposal impoundments are subject to 

distance restrictions with respect to the 100-yr floodplan

Class I or II resdiual waste disposal impoundment permits 

AND NPDES Permit, if there is a point source discharge to 

State waters.

Detailed Class 1 and Class 2 requirements

Detailed requirements. At least 1 upgradient well and 3 

downgradient wells located within 200 ft of the disposal 

area

Requirements for a cap and implementation of a closure 

plan Yes The regs include triggers for GW assessment and pollution abatement

RIA 2010 Composite Yes (New Units) Yes No

DPRA 2005 In floodplain, wetlands, unstable areas Composite Pre-closure Yes

State Regs Clay or geosynthetic

Title 25-Rules and Regulations; Part IDepartment of Environmental 

Resources; Subpart C-Protection of 

Natural Resources; Article II-Water 

Resources; Chapter 105-Dam Safety

and Waterway Management

Docket #10496.2

Class I Impoundments:

• 6-inch soil/earthen subbase; clay or composite 

secondary liner; 12-inch leachate detection zone; 

composite primary liner; 18-inch protective cover 

including leachate collection system. 25 PA ADC 289.431-

-439.

Class II Impoundments :

• 6-inch soil/earthen subbase; 12-inch leachate detection 

zone; composite liner (geosynthetic upper and earthern 

compopsite); 18-inch protective cover including leachate 

collection system. 25 PA ADC 289.531--538.

Yes; 25 PA ADC 289.261 Bond for closure. 25 PA ADC 287.342. Insurance for 

third-party claims. 25 PA ADC 287.371. 

ICF 2010 Study didn't look at South Carolina

DOE/EPA 2006 (N/A-Study didn't look at SC)

RIA 2010 No Yes Yes No

DPRA 2005 No Pre- and post-closure

State Regs

Dams and Reservoirs Safety Act 

Regulations Section 72-1 through 72-9 

published 1997

SCDHEC Comments Pollution Control Act R.61-9 and R.61-67

on site by site basis for new units May be required in permitting

Docket #10496.2 No

ICF 2010 Study didn't look at Tennessee

DOE/EPA 2006 (N/A-Study didn't look at TN)

RIA 2010 No No Yes Yes

DPRA 2005 No Post-closure Synthetic cap Yes

State Regs

Rules of the Tennessee Department of

Environment and Conservation, Division of Water Supply, 

Chapter 1200-5-7

Docket #10496.2 No

North Carolina (NC)

Missouri (MO)

New York (NY)

Montana (MT)

Minnesota (MN)

South Carolina (SC)

Michigan (MI)

Ohio (OH)

New Mexico (NM)

Pennsylvania (PA)

North Dakota (ND)

Tennessee (TN)
ICF 2010

Most point source discharges into or adjacent to waters in 

the state require a TPDES permit from TCEQ. 50 mile 

radius to avoid obtaining a permit as well

State solid waste regulations do not specify liner 

requirements

TCEQ recommends groundwater monitoring for 

nonhazardous wells and they provide guidance

DOE/EPA 2006 (Report only looked at 5 states for siting)

NPDES permit, if there is a pointsource discharge to State 

waters OR Solid waste permit. On-site or a facility within 

50 miles that has same owner

No liner requirements specified in the regulations. TCEQ 

has recommendations.

No GW monitoring requirements are specified in the regs. 

TCEQ has recommendations (Report only looked at 5 states for closure) (Report only looked at 5 states for FA) (Report only looked at 5 states for corrective action)

RIA 2010 No No No No

DPRA 2005 No No No GW degradation 

State Regs

Texas Natural Resource Conservation 

Commission and are contained in 30 Texas Administrative 

Code (TAC), Chapter 299

Docket #10496.2 No

ICF 2010 Study didn't look at Utah

DOE/EPA 2006 (N/A-Study didn't look at UT)

RIA 2010 No Yes Yes Yes

DPRA 2005 No Pre- and post-closure Yes Yes

State Regs Utah Code Sections 73-5a-101 through

702

Docket #10496.2 No

ICF 2010 Study didn't look at Virginia

DOE/EPA 2006 No restrictions are specified in the VA regs

VDPES permit if there is a point source discharge, OR VA 

pollution abatement permit, if no VPDES permit is 

required

Established, as necessary, on a case-specific basis in water 

pollution control permits

Established, as necessary, on a case-specific basis in water 

pollution control permits

All liquids, wastes, and system components must be 

removed. If removal is not done, the SI becomes subject 

to closure standards for nonhaz industrial waste units, 

unless closure requirements have already been established 

under permit

No, unless the SI is regulated as a waste management 

facility Non are specified in the VA regs

RIA 2010 No No No No

DPRA 2005 No No

State Regs Article 2, Chapter 6, Title 10.1 of the 

Code of Virginia

Docket #10496.2 On-site exemptions under A ADC 20-80-60(E)(8) Limited post-closure; 9 VA ADC 20-80-380(B) Material not specified;

9 VA ADC 20-80-380(B)(2)(d)

ICF 2010 Study didn't look at WV

DOE/EPA 2006 (N/A - Study didn't look at WV)

RIA 2010 Composite (new units) Yes (new units) Yes No

DPRA 2005 5 feet above w.t., in floodplain, wetlands, fault areas, 

seismic zones, unstable areas within 1000 ft. Composite Pre- and post-closure No GW degradation 

State Regs Title 47, Series 34 under the Division 

of Environmental Protection (DEP)

WVDEP Comments Yes

Docket #10496.2

Two liners and leak detection system. WV ADC s 33-1-

4(4.8.c.3.B). 60 mil synthetic top liner; composite lower 

(2-foot clay/60mil synthetic); protective cover over top 

Discretionary; WV ADC 33-1-4

(4.8.c.3.D)

ICF 2010 Study didn't look at Wyoming

DOE/EPA 2006 (N/A-Study didn't look at MI)

RIA 2010 Composite (New) No No No

DPRA 2005 Yes Composite No No GW degradation 

State Regs No W.S. 41-3-307 through 41-3-318

Docket #10496.2

ICF 2010 Study didn't look at Nebraska

DOE/EPA 2006 (N/A-Study didn't look at NE)

RIA 2010 RIA didn't look at Nebraska

ICF 2010 Study didn't look at Nevada

DOE/EPA 2006 (N/A-Study didn't look at NV)

RIA 2010 Composite Yes Yes Yes

ICF 2010 Study didn't look at Wisconsin

DOE/EPA 2006 Lagoons not licensed as SW disposal facilities are subject 

to distance restrictionswith respect to certain wells, etc.

WPDES permit (point source discharge), OR Operating 

license, if the facility is used for solid waste disposal

Requires specific compacted clay or composite liner specs 

unless an exemption is granted

Established, as necessary, on a case-specific basis in water 

control permits

Established, as necessary, on a case-specific basis in water 

control permits

No, unless SW operating permit is required or the SI will 

be used for ultimate disposal of SW

Established, as necessary, on a case-specific basis in water 

control permits

RIA 2010 Composite, Synthetic, or clay Yes Yes Yes

ICF 2010 Study didn't look at Arkansas

DOE/EPA 2006 (N/A-Study didn't look at AR)

RIA 2010 RIA didn't look at Arkansas

Wyoming (WY)

Arkansas (AR)

Nebraska (NE)

Nevada (NV)

Wisconsin (WI)

States Not Included in Selection

Virginia (VA)

Utah (UT)

Texas (TX)

West Virginia (WV)