## 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 watersEstablished, 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 basisADEQ evaluates and requires BADCT in issuing permitsMonitoring requirements for individual APPs are determined by ADEQon a permit-specific basisIf 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 basisAlert 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 exemption6 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 permitNPDES 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 ofclay 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 programThe 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 dischargeLiners may be required through permit process on a caseby-case basis Same 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 permitNDWM promulgated solid waste management regs requiring SI's to be equipped with liners on 12/1/92Yes: 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) orsynthetic.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-milgeosynthetic; lowercomposite (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 watersEstablished, 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 floodplanClass 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; compositeprimary 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;compositeliner (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 forclosure. 25 PA ADC 287.342. Insurance for third-partyclaims. 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 regsVDPES 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 exemptionsunder 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 milsynthetictop liner;compositelower (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 disposalRequires 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)