iii 

ACKNOWLEDGMENTS 

The authors wish to thank the U.S. Department of Energy (DOE) project team⎯Debra Jo 

Littleton, the initiator of the study and the DOE project manager (DOE Office of Fossil Energy), 

and David O. Moses (DOE Office of Policy and International Affairs)⎯and the 

U.S. Environmental Protection Agency (EPA) project team—Alexander Livnat, the EPA project 

manager for the study, and Steve Souders and Richard Kinch (EPA Office of Solid Waste). We 

also wish to thank Jim Roewer of the Utility Solid Waste Activities Group for coordinating the 

survey responses and facilitating the collection of more than 60 permits. We also acknowledge 

the operators of the fossil fuel power industry’s disposal units for responding to the 

questionnaires and follow-up questions, as well as the State regulators who provided information 

to the project team. We thank Elizabeth K. Hocking and Markus G. Puder of Argonne National 

Laboratory for their support in data collection and analysis. Finally, we would like to thank the 

peer reviewers, who represent the Association of State and Territorial Solid Waste Management 

Officials, the Clean Air Task Force, and the Utility Water Act Group, for their comments 

and input. 
iv 
v 

CONTENTS 

ACKNOWLEDGMENTS ........................................................................................................ iii 

NOTATION.............................................................................................................................. xiii 

SUMMARY........................................................................................................................... S-1 

1 INTRODUCTION.......................................................................................................... 1 

 1.1 Description of Coal Combustion Wastes............................................................. 1 

 1.2 Regulatory History............................................................................................... 2 

 1.3 CCW Generation, Use, and Disposition .............................................................. 3 

 1.4 Importance of CCW Regulatory Determination to DOE..................................... 6 

 1.5 Study Objective.................................................................................................... 7 

 1.6 Study Scope ......................................................................................................... 7 

2 APPROACH................................................................................................................... 9

 2.1 Recent and Current CCW Industry Surface Disposal 

 Management Practices ......................................................................................... 9 

 2.2 State Regulatory Requirements for CCW Management...................................... 11 

 2.3 Implementation of State Requirements................................................................ 13 

3 FINDINGS ..................................................................................................................... 15 

 3.1 Recent and Current CCW Industry Surface Disposal 

 Management Practices ......................................................................................... 15 

 3.1.1 Identified Units ........................................................................................ 15 

 3.1.2 Sample Coverage ..................................................................................... 18 

 3.1.2.1 CCW Proxy............................................................................... 19 

 3.1.2.2 Coal-Fired Generating Capacity Proxy..................................... 19 

 3.1.3 Characteristics of Identified Units ........................................................... 21 

 3.1.3.1 Share of Landfills Relative to Surface Impoundments............. 21 

 3.1.3.2 Share of Newly Constructed Units Relative to Expansions...... 22 

 3.1.3.3 Trends in Unit Completions and Openings over Time ............. 23 

 3.1.4 Wastes Disposed ...................................................................................... 25 

 3.1.5 Permit Information................................................................................... 26 

 3.1.5.1 Landfill Permit Requirements................................................... 27 

 3.1.5.2 Surface Impoundment Permit Requirements............................ 29 

 3.1.6 Liners ....................................................................................................... 31 

 3.1.6.1 Liner Use at Disposal Units ...................................................... 31 

 3.1.6.2 Liner Integrity ........................................................................... 32 

 3.1.7 Groundwater Monitoring ......................................................................... 34 

 3.1.8 Regulatory Inspections............................................................................. 36 
vi 

CONTENTS (Cont.) 

 3.1.9 Testing for Potential Misrepresentation of Data Caused by the 

Exclusion of Supplemental Units............................................................. 37 

 3.2 State Requirements .............................................................................................. 40 

 3.2.1 Overview.................................................................................................. 40 

 3.2.1.1 Permitting Requirements for Landfills ..................................... 40 

 3.2.1.2 Permitting Requirements for Surface Impoundments............... 47 

 3.2.2 Findings.................................................................................................... 48 

 3.3 Implementation of State Requirements................................................................ 51 

 3.3.1 Overview of Variance Requests............................................................... 52 

 3.3.2 Discussion of Variance Requests by Category ........................................ 53 

 3.3.2.1 Liner Variance Requests........................................................... 55 

 3.3.2.2 Groundwater-Monitoring Variance Requests........................... 56 

 3.3.2.3 Closure/Post-Closure Requirements ......................................... 56 

 3.3.2.4 Cover/Dust Controls ................................................................. 56 

 3.3.2.5 Groundwater-Protection Standards........................................... 58 

 3.3.2.6 Other Variance Requests........................................................... 62 

4 CONCLUSIONS ............................................................................................................ 67 

5 REFERENCES............................................................................................................... 69 

APPENDIX A: State-Specific Regulatory Reviews ........................................................... A-1 

APPENDIX B: Questionnaire for Newly Permitted, Built, or Laterally Expanded 

 Disposal/Management Units ..................................................................... B-1 

APPENDIX C: Survey Response Rate and Sample Size Based on Coal-Fired 

 Power Plant Generating Capacity.............................................................. C-1 

APPENDIX D: Reconciliation of Units Identified by the U.S. Environmental 

Protection Agency ..................................................................................... D-1 

APPENDIX E: Unit Completion Data ............................................................................... E-1 

APPENDIX F: Materials Disposed of at Surveyed Units .................................................. F-1 

APPENDIX G: Permits Issued for Surveyed Units ............................................................ G-1 

APPENDIX H: Liner Data.................................................................................................. H-1 

APPENDIX I: Groundwater-Monitoring Data for Surveyed Units as Reported 

 in the Surveys ............................................................................................ I-1 
vii 

CONTENTS (Cont.) 

APPENDIX J: Variance Requests by State and Category of Requirement....................... J-1 

APPENDIX K: Variance Request Descriptions and Regulatory Summaries..................... K-1 

APPENDIX L: Variance Granting Rationale, Revocation Provisions, 

 and Comments........................................................................................... L-1 

FIGURES

1 Disposal Unit Completions by Year .......................................................................... 24 

2 Liners in Identified New or Expanded Disposal Units since 1994............................ 32 

3 Liner Types Reported for Landfills ........................................................................... 33 

4 Liner Types Reported for Surface Impoundments..................................................... 34 

A.1 Graded Approach to Regulating Nonhazardous Solid Waste Landfills 

 in Selected States ....................................................................................................... A-9 

TABLES 

S-1 CCW Units in Study .................................................................................................. S-2 

S-2 Summary Results from Chronological Comparisons of Regulatory Controls 

for Landfills in States Reviewed................................................................................ S-8 

1 CCW Generation and Beneficial Use by State, 2004 ................................................ 5 

2 Units Included in the Analysis................................................................................... 17 

3 Supplemental Units Not Included in the Analysis..................................................... 18 

4 Results of the January 2006 Follow-up to the USWAG Survey ............................... 21 

5 Distribution of Identified Disposal Units by State..................................................... 22 

6 Distribution of New and Expanded Units by State.................................................... 23 
viii 

TABLES (Cont.) 

7 Trends in Construction Completions by Year ........................................................... 24 

8 Percentages of Wastes Disposed of at Surveyed Units.............................................. 26 

9 Numbers and Types of Permits Issued for Surveyed Units ....................................... 28 

10 Permit Requirements for Surveyed Landfills ............................................................ 29 

11 Liner and Groundwater-Monitoring Requirements for Surveyed 

Surface Impoundments .............................................................................................. 30 

12 Other Permit Requirements for Surveyed Surface Impoundments............................ 30 

13 Liner Types at Recently Constructed Landfills and Surface Impoundments ............ 33 

14 Disposal Units with Groundwater Monitoring by State ............................................ 35 

15 Summary Statistics on Groundwater-Monitoring Wells and Locations 

within and outside the Boundaries of Surveyed Units............................................... 37 

16 Summary Statistics on Groundwater-Monitoring Wells and Locations 

Upgradient and Downgradient of Surveyed Units..................................................... 37 

17 Comparison of Key Results for Surveyed, Nonsurveyed, 

and Supplemental Units ............................................................................................. 39 

18 Areas of Regulatory Control Reviewed by State....................................................... 41 

19 Description of Permitting Exemptions in Five States................................................ 42 

20 Solid Waste Permitting Requirements by State......................................................... 44 

21 Power Generation Capacity, CCW Generation, and CCW Beneficial 

Use in States with Solid Waste Permitting Exemptions, 2004 .................................. 45 

22 Summary Results from Chronological Comparisons of Regulatory Controls 

for Landfills in States Reviewed................................................................................ 49 

23 Variance Requests and Disposition by State for Surveyed CCW Units.................... 54 

24 Summary of Variance Request Categories by State for Surveyed CCW Units......... 55 

25 Disposition of Liner Variance Requests for Surveyed Units..................................... 57 
ix 

TABLES (Cont.) 

26 Variance Requests by Surveyed Units Pertaining to Closure 

 and Post-Closure Requirements................................................................................. 58 

27 Variance Requests by Surveyed Units Pertaining to Daily and Intermediate 

Cover Requirements................................................................................................... 59 

28 Variance Requests by Surveyed Units Pertaining to GroundwaterProtection Standards .................................................................................................. 63 

29 Variance Requests by Surveyed Units Pertaining to “Other” Regulatory 

 Requirements ............................................................................................................. 66 

A.1 Areas of Regulatory Control Investigated by State Reviewed .................................. A-6 

A.2 Summary of Regulatory Designations for CCWs in Selected States ........................ A-7 

A.3 Chronological Comparison of Designation of CCWs for Disposal 

 in Landfills in Selected States.................................................................................... A-11 

A.4 Permits Required for CCW Management Units in Selected States ........................... A-15 

A.5 Chronological Comparison of Permitting Requirements for Landfills 

 in Selected States ....................................................................................................... A-20

A.6 Summary of Liner Requirements for CCW Management Units 

 in Selected States ....................................................................................................... A-28

A.7 Chronological Comparison of Liner Requirements for Landfills 

 in Selected States ....................................................................................................... A-35

A.8 Georgia Maximum Aquifer Contamination Levels ................................................... A-38 

A.9 Illinois Landfill Liner Requirements ......................................................................... A-39 

A.10 Indiana Landfill Liner Requirements......................................................................... A-40 

A.11 Ohio Landfill Liner Requirements............................................................................. A-41 

A.12 Pennsylvania Landfill Liner Requirements ............................................................... A-42 

A.13 Summary of Groundwater-Monitoring Requirements for CCW Management 

 Units in Selected States.............................................................................................. A-45 
x 

TABLES (Cont.) 

A.14 Chronological Comparison of Groundwater-Monitoring Requirements 

 for Landfills in Selected States .................................................................................. A-48 

A.15 Summary of Leachate-Collection System Requirements for CCW Management 

 Units in Selected States.............................................................................................. A-56 

A.16 Chronological Comparison of Leachate-Collection System Requirements 

 for Landfills in Selected States .................................................................................. A-59 

A.17 Summary of Closure/Post-Closure Requirements for CCW Management 

 Units in the Pilot States.............................................................................................. A-64 

A.18 Chronological Comparison of Closure/Post-Closure Requirements 

 for CCW Management Units in the Pilot States ........................................................ A-66 

A.19 Summary of Corrective Action Requirements for CCW Management 

 Units in the Pilot States.............................................................................................. A-69 

A.20 Summary of Siting Controls for CCW Management Units in the Pilot States.......... A-73 

A.21 Chronological Comparison of Siting Controls for Landfills in Selected States ........ A-75 

A.22 Summary of Financial Assurance Requirements for CCW Management 

 Units in the Pilot States.............................................................................................. A-78 

A.23 Chronological Comparison of Financial Assurance Requirements 

 for Landfills in the Pilot States .................................................................................. A-79 

A.24 Summary of Additional Information Collected for Landfills 

 in the Pilot States ....................................................................................................... A-81 

A.25 Summary of Additional Information Collected for Surface Impoundments 

 in the Pilot States ....................................................................................................... A-82 

A.26 Summary of Chronological Comparisons of Regulatory Controls 

 for Landfills in the States Reviewed.......................................................................... A-84 

A.27 Summary of States with “Neutral” Changes.............................................................. A-89 

C.1 Results of the January 2006 Follow-up to the USWAG Survey .................................. C-6 

D.1 Reconciliation of Units Identified by the U.S. Environmental 

 Protection Agency...................................................................................................... D-3 
xi 

TABLES (Cont.) 

E.1 Trends in Unit Completion ........................................................................................ E-3 

F.1 Materials Disposed of at Surveyed Units................................................................... F-3 

G.1 Permits Issued for Surveyed Units............................................................................. G-3 

H.1 Liner Data .................................................................................................................. H-3 

I.1 Groundwater-Monitoring Data for Surveyed Units as Reported 

 in the Surveys............................................................................................................. I-3 

J.1 Variance Requests by State and Category of Requirement ....................................... J-3 

K.1 Variance Request Descriptions and Regulatory Summaries ..................................... K-3 

L.1 Variance Granting Rationale, Revocation Provisions, and Comments ..................... L-3 
xii 
xiii 

NOTATION 

 The following is a list of the abbreviations, acronyms, and units of measure used in this 

document. (Some acronyms and abbreviations used only in tables may be defined only in those 

tables.) 

GENERAL ACRONYMS AND ABBREVIATIONS

ACAA American Coal Ash Association 

ADEM Alabama Department of Environmental Management 

Adm. Code Administrative Code 

AGA American Gas Association 

APPA American Public Power Association 

CCB coal combustion by-product 

CCR coal combustion residue 

CCW coal combustion waste

CFR Code of Federal Regulations

CSR Code of State Regulations 

DEP Department of Environmental Protection 

DNR Department of Natural Resources 

DOE U.S. Department of Energy 

EEI Edison Electric Institute 

EIA Energy Information Administration 

EPA U.S. Environmental Protection Agency 

EPRI Electric Power Research Institute 

FAC Florida Administrative Code 

FBC fluidized bed combustion 

FGD flue gas desulfurization 

FR Federal Register 

FS Florida Statutes 

GDNR Georgia Department of Natural Resources 

HDPE high-density polyethylene 

IAC Indiana Administrative Code 

IDEM Indiana Department of Environmental Management 

IEPA Illinois Environmental Protection Agency 

ILCS Illinois Compiled Statutes 

ISWLF Industrial Solid Waste Landfill 

IWDR Rule Industrial Waste Disposal and Reuse Rule 
xiv 

MCL maximum contaminant level 

MoDNR Missouri Department of Natural Resources 

NETL National Energy Technology Laboratory 

NPDES National Pollutant Discharge Elimination System 

NR Natural Resources (chapter designation in WAC) 

NRECA National Rural Electric Cooperative Association 

OAC Ohio Administrative Code 

OEPA Ohio Environmental Protection Agency 

ORC Ohio Revised Code 

PADEP Pennsylvania Department of Environmental Protection 

PAL preventive action limit 

PPSA Power Plant Siting Act 

RCRA Resource Conservation and Recovery Act 

RD Regulatory Determination 

RTC Report to Congress 

SMCRA Surface Mining Control and Reclamation Act 

SSI statistically significant increase 

TAC Texas Administrative Code 

TCEQ Texas Commission on Environmental Quality 

TCLP Toxicity Characteristic Leaching Procedure 

TRI Toxic Release Inventory 

USWAG Utility Solid Waste Activities Group 

VAC Virginia Administrative Code 

VDEQ Virginia Department of Environmental Quality 

VPDES Virginia Pollutant Discharge Elimination System 

WAC Wisconsin Administrative Code 

WDNR Wisconsin Department of Natural Resources 

WEPA Wisconsin Environmental Protection Agency 

WPDES Wisconsin Pollutant Discharge Elimination System 
xv 

UNITS OF MEASURE

cm centimeter(s) 

ft foot (feet) 

gal gallon(s) 

GW gigawatt(s) 

in. inch(es) 

L liter(s) 

lb pound(s) 

m meter(s) 

mg milligram(s) 

mi mile(s) 

MW megawatt(s) 

psi pound(s) per square inch (lb/in.2) 

μg microgram(s) 

μm micrometer(s) 

s second(s) 
xvi 

 
S-1 

SUMMARY 

On May 22, 2000, as required by Congress in its 1980 Amendments to the Resource 

Conservation and Recovery Act (RCRA), the U.S. Environmental Protection Agency (EPA) 

issued a Regulatory Determination on Wastes from the Combustion of Fossil Fuels. On the basis 

of information contained in its 1999 Report to Congress: Wastes from the Combustion of Fossil 

Fuels, the EPA concluded that coal combustion wastes (CCWs), also known as coal combustion 

by-products (CCBs), did not warrant regulation under Subtitle C of RCRA, and it retained the 

existing hazardous waste exemption for these materials under RCRA Section 3001(b)(3)(C). 

However, the EPA also determined that national regulations under Subtitle D of RCRA were 

warranted for CCWs that are disposed of in landfills or surface impoundments. The EPA made 

this determination in part on the basis of its findings that “present disposal practices are such 

that, in 1995, these wastes were being managed in 40 percent to 70 percent of landfills and 

surface impoundments without reasonable controls in place, particularly in the area of 

groundwater monitoring; and while there have been substantive improvements in state regulatory 

programs, we have also identified gaps in State oversight” (EPA 2000). 

The 1999 Report to Congress (RTC), however, may not have reflected the changes in 

CCW disposal practices that occurred since the cutoff date (1995) of its database and subsequent 

developments. The U.S. Department of Energy (DOE) and the EPA discussed this issue and 

decided to conduct a joint DOE/EPA study to collect new information on the recent CCW 

management practices by the power industry. It was agreed that such information would provide 

a perspective on the chronological adoption of control measures in CCW units based on State 

regulations. A team of experts from the EPA, industry, and DOE (with support from Argonne 

National Laboratory) was established to develop a mutually acceptable approach for collecting 

and analyzing data on CCW disposal practices and State regulatory requirements at landfills and 

surface impoundments that were permitted, built, or laterally expanded between January 1, 1994, 

and December 31, 2004. The scope of the study excluded waste units that manage CCWs in 

active or abandoned coal mines. 

The EPA identified the following three areas of interest: 

1. Recent and current CCW industry surface disposal management practices, 

2. State regulatory requirements for CCW management, and 

3. Implementation of State requirements (i.e., the extent to which States grant or 

deny operator requests to waive or vary regulatory requirements and the 

rationales for doing so). 

DOE and the EPA obtained data on recent and current disposal practices from a 

questionnaire that the Utility Solid Waste Activities Group (USWAG) distributed to its members 

that own or operate coal-fired power plants. USWAG, formed in 1978, is responsible for 

addressing solid and hazardous waste issues on behalf of the utility industry. It is an informal 

consortium of approximately 80 utility operating companies, the Edison Electric Institute (EEI), 
S-2 

the National Rural Electric Cooperative Association (NRECA), the American Public Power 

Association (APPA), and the American Gas Association (AGA). EEI is the principal national 

association of investor-owned electric power and light companies. NRECA is the national 

association of rural electric cooperatives. APPA is the national association of publicly owned 

electric utilities. AGA is the national association of natural gas utilities. Together, USWAG 

member companies and trade associations represent more than 85% of the total electric 

generating capacity of the United States and service more than 95% of the nation’s consumers of 

electricity. To verify the survey findings, the EPA also asked State regulators from nine selected 

States that are leading consumers of coal for electricity generation for information on disposal 

units that may not have been covered in the USWAG survey. The selected States were Georgia, 

Illinois, Indiana, Michigan, Missouri, North Carolina, North Dakota, Ohio, and Texas. A total of 

56 waste units were identified, and information from these units1 formed the basis for the 

analysis of recent and current surface disposal management practices. Table S-1 summarizes the 

numbers of units for the various categories covered in this study. 

The total number of CCW disposal units permitted, built, or laterally expanded between 

January 1, 1994, and December 31, 2004 (“new units”) is not known, as no industry organization 

or government agency tracks this information. However, by using coal-fired power plant 

generating capacity as a proxy for calculating sample coverage, we estimate that the 56 units on 

which the analysis is based represent at least 63% of the total universe of new or expanded 

TABLE S-1 CCW Units in Study 

Number 

Unit Category 

as Defined in 

This Study Description 

Questionnaire 

Sent and 

Returned Landfill 

Surface 

Impoundment Total 

Surveyed Identified in December 2004 

USWAG survey 

Yes 29 16 45 

Nonsurveyed Identified by the EPA No 9 2 11 

Identified Sum of surveyed and 

nonsurveyed units 

45 yes 

11 no 

38 18 56 

Supplementala Identified in 2006 USWAG 

follow-up 

No 4 2 6 

Total Sum of identified and 

supplemental units 

45 yes 42 20 62 

a Supplemental units were identified in a 2006 USWAG follow-up to identify any units that were not 

reported in the 2004 survey. The supplemental units were not included in the analysis. 

 

1 Identified units included 45 surveyed units, or units that returned the questionnaires, and 11 nonsurveyed units, 

or units that resulted from the EPA investigation (no complete questionnaires). 
S-3 

disposal units. In addition, a January 2006 follow-up identified six supplemental disposal units 

from four utilities that had not responded to the December 2004 survey. Adding the capacities of 

these utilities to the total brings the response rate up to 71%, using the capacity proxy. This is a 

conservative estimate for the following reasons: (1) the actual coal-fired power plant capacity 

requiring CCW disposal capacity is much less than the generating capacity that was used to 

calculate the sample coverage rate; (2) the total U.S. coal-fired power plant capacity (335.2 GW 

in 2004) includes those power plants that are on standby and produce neither power nor CCWs; 

(3) a significant portion (between 35% and 40%, according to different sources) of CCWs are 

beneficially used, thus requiring no disposal in waste units; and (4) because less than 3% of the 

total coal-fired generating capacity has been added during the period that closely corresponds to 

the survey period, new disposal capacity would be required for only a small portion of the total 

generating capacity. 

For the State regulatory analysis, our initial objective was to compare current CCWrelated regulatory requirements with comparable information from earlier reports. It was evident 

from the outset, however, that a nationwide study of the CCW regulations and their 

chronological changes in the States that have coal-fired generating capacity would not be 

feasible under the time and resource constraints of this study. Therefore, an alternative approach 

was undertaken, namely reviewing the current regulatory programs applicable to CCWs in States 

that contain units of one or more of the following types and comparing the results with 

corresponding information from earlier reports: (1) new CCW disposal units (i.e., those 

permitted, constructed, or laterally expanded between 1994 and 2004) and (2) units that are the 

basis of proven, potential, or alleged damage cases.2 Of the 26 States identified as meeting the 

selection criteria, a pilot study involving five States (Pennsylvania, Illinois, Indiana, Virginia, 

and Wisconsin) was conducted to determine whether it would be feasible, within the established 

budget and schedule constraints, to collect enough data for all 26 States to allow comparisons of 

current regulatory requirements with comparable information from earlier reports and identify 

changes. 

Information collected during the pilot study covered the following categories of 

regulatory control: 

• Regulatory designation of CCWs for disposal, 

• Permitting requirements, 

• Liner requirements, 

 

2 In comments to the EPA, public interest groups have identified cases in which they allege that damage to 

human health or the environment was caused by fossil-fuel-combustion waste management units. As of 

May 2006, 86 of the alleged damage cases have been investigated by the EPA to verify the existence and cause 

of the damage. As defined in the 1999 RTC, proven damage cases are those with exceedences of primary 

maximum contaminant levels (MCLs) or other health-based standards in groundwater or surface water off-site 

or at a distance from the waste management unit sufficient to conclude that they could cause human health 

concerns, while potential damage cases are those with (1) documented exceedences of primary MCLs or other 

health-based standards on-site or beneath or close to the waste source, and/or (2) documented exceedences of 

secondary MCLs or other non-health-based standards on-site or off-site. 
S-4 

• Groundwater-monitoring requirements, 

• Leachate-collection system requirements, 

• Corrective action requirements, 

• Closure/post-closure requirements, 

• Siting controls, and 

• Financial assurance requirements. 

The pilot study was resource intensive, and we discovered that comparisons between the 

current regulatory requirements and comparable information reported in earlier reports could 

rarely be made at the same level of detail. In light of this, the EPA revisited information already 

available from other sources about current State CCW regulatory programs and concluded that 

our priority should be on updating how States were actually implementing programs, rather than 

simply gathering further information on State regulations. Accordingly, we did not conduct 

comprehensive reviews of State regulations for all of the 26 States mentioned above. Rather, the 

EPA identified particular aspects of the regulatory programs in specified States that were of 

interest, and we focused our investigation of regulations on those States in addition to the five 

pilot States. In all, six additional States (Alabama, Florida, Georgia, Missouri, Ohio, and Texas) 

were reviewed beyond those in the pilot study. For these additional States, we concentrated on 

the following five of the nine areas of regulatory control that were reviewed for the pilot States, 

because these areas have greater potential to affect whether releases to groundwater are 

controlled: 

• Regulatory designation of CCWs for disposal, 

• Permitting requirements, 

• Liner requirements, 

• Groundwater-monitoring requirements, and 

• Leachate-collection system requirements. 

 For each State reviewed, an effort was made to identify regulations applicable to disposal 

of CCWs in landfills and surface impoundments, regardless of the program (e.g., solid waste, 

special waste, residual waste, wastewater) into which the State may place such regulations. 

Regulations covering beneficial use of CCWs and placement of CCWs in mines were not 

reviewed. 

To address the third issue—implementation of State requirements—we conducted a 

detailed review of all 65 permits received for the surveyed disposal units to determine the nature 

and extent of variance requests, and how those requests were treated by the regulatory agencies. 
S-5 

The analysis of identified units and State regulations produced the following findings: 

1. Between 1994 and 2004, the amount and quality of environmental controls 

used at CCW management units appear to have increased. A trend toward 

management in landfills (dry handling) and away from surface impoundments 

(wet handling) is also evident. 

• The share of landfills developed for disposal has increased, while that for 

surface impoundments has decreased. Over the 1994 to 2004 period, 

landfills made up approximately two-thirds of the identified units, and 

surface impoundments made up one-third of the identified units. None of 

the identified units used sand and gravel pits for disposal. In the 1999 

RTC,3 just under half of the co-management units were landfills.4 DOE 

and the EPA recognize that disposal capacity for new and expanded units 

may be a better indicator of the amount of waste that has shifted from dry 

to wet handling, but the survey respondents did not provide disposal 

capacity information. 

• All of the surveyed units either underwent a pre-permit site 

characterization, or a site characterization was required as part of the 

permit. 

• One hundred percent of the surveyed landfills and surface impoundments 

were authorized by one or more permits. In contrast, the 1999 RTC 

reported that 94% of the landfills and 85% of the impoundments had one 

or more permits. For the surveyed units, an average of 1.9 permits (1.8 for 

landfills and 2.1 for surface impoundments) were issued. 

• The use of liners has become essentially ubiquitous. Fifty-five of the 

56 identified units have liners, including all of the 45 surveyed units and 

10 of the 11 nonsurveyed units. The one unit with no liner is a landfill that 

 

3 Here, as well as in the following bullets in this section, the cited 1999 RTC percentages are based on the 1997 

Electric Power Research Institute (EPRI) database referred to in the RTC. 

4 The RTC surveyed only co-management units, while the current study included co-management and ash-only 

landfills and surface impoundments. Co-management units are disposal units that manage the large-volume 

wastes (fly ash, bottom ash, boiler slag, and flue gas emission control wastes from the combustion of coal by 

electric utility power plants) with one or more low-volume wastes that result from supporting processes that are 

ancillary to the combustion and power-generation processes. Low-volume wastes include, but are not limited to, 

coal pile runoff, boiler blowdown, coal mill rejects, floor drain wastes, and water treatment wastes. Ash-only 

units are those that manage only the large-volume wastes. Because the 2000 regulatory determination stated that 

any new Subtitle D rules would apply to both co-management and ash-only units, the survey for the current 

study was not concerned with, nor did it ask, whether the unit was a co-management or ash-only unit. However, 

the survey did ask about material disposed. Assuming that a unit that reported management of only fly ash, 

boiler slag, or flue gas desulfurization sludge was an “ash-only” unit and not a co-management unit, it appears 

that of the surveyed units, 14 landfills are co-management units and 2 surface impoundments are 

co-management units. If this is true, the trend from co-management surface impoundments to landfills is even 

more pronounced, with 88% of the new co-management units being landfills and 12% being surface 

impoundments. 
S-6 

receives only material that the State’s regulations classify as inert bottom 

ash, and thus requires no liner. This compares with liners installed in 75% 

and 60% of those landfills and surface impoundments, respectively, that 

were established between 1985 and 1995. 

• The protective qualities of the liner materials have improved over the past 

decade for both landfills and surface impoundments. Most of the liners in 

the identified newly constructed or expanded units are engineered liners 

made of compacted clay, synthetic clay, geomembrane, or a combination 

of these materials. The percentage of combination and multiple liners 

increased for landfills from less than 10% in the 1999 RTC to more than 

50% in the newly constructed/expanded units. Similarly for 

impoundments, the share of combination/multiple liners increased from 

2% in the 1999 RTC to more than 50% in the newly constructed/expanded 

units. 

• The vast majority (91%) of the identified units (landfills and surface 

impoundments) built or expanded between 1994 and 2004 have 

groundwater monitoring: 

− Thirty-seven of the 38 landfills (97%) monitor groundwater. The one 

landfill that does not conduct groundwater monitoring manages only 

bottom ash, which the State has classified as inert and thus does not 

require groundwater monitoring. Between 1985 and 1995, 88% of the 

landfills established had groundwater monitoring. 

− Nearly 80% of the 18 surface impoundments built or expanded 

between 1994 and 2004 monitor groundwater. While the share of 

surface impoundments that monitor groundwater is lower than that of 

landfills, it is still higher than the 65% of surface impoundments 

established between 1985 and 1995 that had groundwater monitoring. 

• Landfills and surface impoundments monitor for a variety of hazardous 

and nonhazardous constituents at numerous well locations inside and 

outside the unit boundaries, both upgradient and downgradient, as required 

by the State agency having jurisdiction. Not all units are required to 

monitor for the same constituents (e.g., the regulatory agency may have 

used waste characterization data to determine that certain constituents are 

not present in the CCWs and thus testing for such constituents is 

unnecessary). However, commonly monitored constituents include 

mercury, molybdenum, vanadium, arsenic, cadmium, copper, nickel, zinc, 

barium, boron, chromium III, chromium VI, lead, selenium, silver, and tin 

(toxic metals); and ammonia, nitrogen, nitrite, nitrate, phosphorus, sulfate, 

potassium, iron, manganese, aluminum, dissolved oxygen, oxidation 

potential, alkalinity, calcium, magnesium, sodium, chloride, total 

dissolved solids, total suspended solids, temperature, pH, specific 
S-7 

conductance, and appearance (secondary MCLs and other water quality 

parameters). Monitoring frequency at the surveyed units ranges from 

monthly to semiannually. The average number of monitoring wells at 

surveyed landfills that reported monitoring data is 9, and the average at 

surveyed surface impoundments is 12. Collection of groundwater quality 

information (e.g., contaminant concentrations) at surveyed sites was 

beyond the scope of this study. 

2. In eight areas of regulatory control reviewed for this report,5 more CCWs 

destined for landfills in the States reviewed had tightened6 regulatory controls 

than had relaxed controls between the times data were collected for the 

1988 RTC and for this report. 

• Table S-2 indicates which of the States reviewed for this report tightened, 

relaxed, or had no change (“neutral”) in regulatory controls in eight areas 

applicable to landfills between the times data were collected for the 

1988 RTC and for this report. For each area of regulatory control, the total 

net disposable CCWs7 generated during 2004 in reviewed States that 

tightened controls is compared with the same quantity in reviewed States 

that relaxed controls. The comparisons suggest that in all eight areas of 

regulatory control reviewed, more net disposable CCWs in the States 

reviewed had a tightening of regulatory controls than had a relaxation of 

controls between the times data were collected for the 1988 RTC and for 

this report. 

− In the area of regulatory designation of CCWs, seven States (Illinois, 

Indiana, Missouri, Ohio, Pennsylvania, Texas, and Wisconsin) 

underwent tightened controls and one State (Alabama) underwent 

relaxed controls, with a ratio of net disposable CCWs (relaxed: 

tightened) of 0.1:1.0. 

 

5 A total of nine areas of regulatory control were reviewed for this report: regulatory designation of CCWs, solid 

waste permitting, liners, groundwater monitoring, leachate collection, corrective action, closure and postclosure, siting, and financial assurance. Because corrective action was not addressed in either the 1988 RTC or 

the 1999 RTC, no evaluation of changes over time in State regulations was made for corrective action. 

Similarly, the information in the 1988 and 1999 RTCs was insufficient to support an evaluation of changes over 

time in State regulations applicable to surface impoundments. Therefore, these changes over time are not 

evaluated for this report. 

6 “Tightened” means that during the time frame considered, specific requirements for controls were added to the 

State’s regulations where either none existed before, or prior requirements were less tailored to the 

characteristics of the wastes being regulated. 

7 “Net disposable CCWs” were determined for each State by subtracting the total amount of CCWs beneficially 

used in the State during 2004 from the total amount of CCWs generated in the State during 2004, on the basis of 

data from the EIA. The “total net disposable CCWs” were calculated for each type of change in a regulatory 

category (i.e., tightened, neutral, or relaxed) by summing the net disposable CCWs for all States reviewed for 

this report that experienced that type of change. 
S-8 

TABLE S-2 Summary Results from Chronological Comparisons of Regulatory Controls for 

Landfills in States Revieweda

 

Category of Regulatory Total Net 

Control EPA 1988 to 2005b Disposable CCWsc Ratio of Net 

 (thousand short Disposable CCWs 

Type of Change Number States tons) (Relaxed:Tightened) 

Regulatory Designation of 

CCWsd

 

Tightenede 7 IL, IN, MO, OH, 

PA, TX, WI 

26,652 

Neutralf

 3 FL, GA, VA 6,279 0.1:1.0 

Relaxedg 1 AL 2,745 

 

Solid Waste Permittingd 

Tightened 4 IN, MO, OH, PA 15,435 

Neutral 5 FL, GA, TX, VA, 

WI 

15,045 0.34:1.0 

Relaxed 2 AL, IL 5,196 

 

Linersd 

Tightened 8 GA, IL, IN, MO, 

OH, PA, VA, WI 

22,462 

Neutral 0 0 0.59:1.0 

Relaxed 3 AL, FL, TX 13,214 

 

Groundwater Monitoringd 

Tightened 8 GA, IL, IN, MO, 

OH, PA, VA, WI 

22,462 

Neutral 1 FL 1,921 0.50:1.0 

Relaxed 2 AL, TX 11,293 

 

Leachate Collectiond 

Tightened 8 GA, IL, IN, MO, 

OH, PA, VA, WI 

22,462 

Neutral 2 AL, TX 11,293 0.086:1.0 

Relaxed 1 FL 1,921 

 

Closure and Post-Closureh 

Tightened 3 IN, PA, VA 11,706 

Neutral 2 IL, WI 2,669 0.0:1.0 

Relaxed 0 0 

 

Sitingh 

Tightened 3 IL, IN, VA 11,216 

Neutral 2 PA, WI 3,159 0.0:1.0 

Relaxed 0 0 

 
S-9 

TABLE S-2 (Cont.) 

 

Category of Regulatory Total Net 

Control EPA 1988 to 2005b Disposable CCWsc Ratio of Net 

 (thousand short Disposable CCWs 

Type of Change Number States tons) (Relaxed:Tightened) 

Financial Assuranceh

 

Tightened 2 IN, VA 8,765 

Neutral 3 IL, PA, WI 5,610 0.0:1.0 

Relaxed 0 0 

a A chronological comparison was not possible for corrective action requirements because the historical EPA 

documents from which data were obtained did not address this area of regulatory control. 

b For each category of regulatory control, a chronological comparison is provided for the time period “EPA 1988

to 2005 Data,” which is the time period between the time data were collected for the 1988 RTC: Wastes from the 

Combustion of Coal by Electric Utility Power Plants and the time data were collected for this report. 

c “Net Disposable CCWs” were determined for each State by subtracting the total amount of CCWs beneficially 

used in the State during 2004 from the total amount of CCWs generated in the State during 2004, on the basis of 

data from the EIA. “Total Net Disposable CCWs” were calculated for each type of change in a regulatory 

category (i.e., tightened, neutral, or relaxed) by summing the Net Disposable CCWs for all States that were 

reviewed for this report which experienced that type of change. 

d States reviewed for this regulatory category were Alabama, Illinois, Indiana, Florida, Georgia, Missouri, Ohio, 

Pennsylvania, Texas, Virginia, and Wisconsin. 

e “Tightened” means that during the time frame indicated in the column heading, specific requirements for 

controls were added to the State’s regulations where either none existed before, or prior requirements were less 

tailored to the characteristics of the wastes being regulated. 

f

 “Neutral” means that either it could not be ascertained from the information reviewed whether any change 

occurred during the time frame indicated in the column heading, or the information reviewed suggests that no 

change occurred. 

g “Relaxed” means that the information reviewed suggests that some or all pre-existing regulatory controls in the 

category of interest were removed during the time frame indicated in the column heading. 

h States reviewed for this regulatory category were Illinois, Indiana, Pennsylvania, Virginia, and Wisconsin. 

− In the area of solid waste permitting, four States (Illinois, Missouri, 

Ohio, and Pennsylvania) had tightened controls, and two States 

(Alabama and Illinois) had relaxed controls, with a ratio of net 

disposable CCWs (relaxed:tightened) of 0.34:1.0. 

− In the area of liner requirements, eight States (Georgia, Illinois, 

Indiana, Missouri, Ohio, Pennsylvania, Virginia, and Wisconsin) 

experienced tightened controls, and three States (Alabama, Florida, 

and Texas) experienced relaxed controls, with a ratio of net disposable 

CCWs (relaxed:tightened) of 0.59:1.0. 
S-10 

− In the area of groundwater-monitoring requirements, eight States 

(Georgia, Illinois, Indiana, Missouri, Ohio, Pennsylvania, Virginia, 

and Wisconsin) experienced tightened controls, and two States 

(Alabama and Texas) experienced relaxed controls, with a ratio of net 

disposable CCWs (relaxed:tightened) of 0.50:1.0. 

− In the area of leachate-collection requirements, eight States (Georgia, 

Illinois, Indiana, Missouri, Ohio, Pennsylvania, Virginia, and 

Wisconsin) experienced tightened controls, and one State (Florida) 

experienced relaxed controls, with a ratio of net disposable CCWs 

(relaxed:tightened) of 0.086:1.0. 

− In the area of closure and post-closure requirements, three States 

(Indiana, Pennsylvania, and Virginia) experienced tightened controls, 

and no States experienced relaxed controls, with a ratio of net 

disposable CCWs (relaxed:tightened) of 0.0:1.0. 

− In the area of siting requirements, three States (Illinois, Indiana, and 

Virginia) experienced tightened controls, and no States experienced 

relaxed controls, with a ratio of net disposable CCWs (relaxed: 

tightened) of 0.0:1.0. 

− In the area of financial assurance requirements, two States (Indiana 

and Virginia) experienced tightened controls, and no States 

experienced relaxed controls, with a ratio of net disposable CCWs 

(relaxed:tightened) of 0.0:1.0. 

3. In the 16 States hosting surveyed units, we found that State regulators did not 

issue variances unless there were sound scientific bases to support the 

variance requests. 

• A comprehensive review of 65 permits, covering 39 newly constructed or 

expanded units in the time frame of 1994 to 2004, found that 

approximately half of the units had requested one or more variances.8 In 

this review, we erred on the side of overestimating the number of variance 

requests; anything in a permit that looked like it might be a variance was 

included, even if the permit itself identified no variances. A total of 

52 variance requests in 9 of the 16 States containing surveyed units were 

identified. Eighteen of the units requesting variances were landfills; one 

was a surface impoundment. 

• Of the 52 variance requests identified, 5 were rejected and 47 were 

granted. Of the 47 granted, 16 were granted with provisions that would 

 

8 Copies of the 65 permits (of a total of 85 permits reported for the surveyed units) were received from 39 of the 

45 surveyed units. Some of these units have multiple permits (e.g., solid waste, construction, and dam safety). 
S-11 

revoke or alter the variance if certain conditions were not met. Twelve 

were granted because the requirement for which the variance was sought 

(e.g., landfill gas monitoring) was not appropriate or necessary for a 

disposal unit that manages CCW wastes. Ten variances were granted 

because the State allows variances for which it can be demonstrated that a 

proposed alternative meets or exceeds the environmental performance of 

the otherwise applicable requirement. Finally, six were identified and 

included as granted variances, even though the permit to which these 

variances pertained did not characterize them as variances. 

• Most of the requests reviewed (with the exception of those that were not 

appropriate because the regulations were developed for wastes other than 

CCWs) were not to exempt the unit from requirements, but rather to allow 

for an alternative approach or material that would accomplish the same 

objective. 

• In States where solid waste permits are required for units managing 

CCWs, few of the variance requests were for liners or groundwater 

monitoring. 

− There were seven variance requests (covering six units) for variances 

to liner requirements, but none requested exceptions. Rather, they 

requested changes to the construction method or liner material that 

would provide equal or greater protection than that afforded by the 

regulations. 

− Four variance requests addressed groundwater monitoring, and each 

request was for a variance only from the requirement to monitor for 

organic constituents not contained in CCWs; each of the requesting 

units already conducts groundwater monitoring for numerous other 

constituents. 

• For the variance requests reviewed, those pertaining to cell height, fire 

protection, landfill gas/methane, leachate collection, location, pre-siting, 

signs, solid waste management plans, and standards for sewage works 

were granted with stipulations or were granted because the requirements 

were not appropriate for CCWs. 

The data and analyses documented in this report provide new information that appears to 

show improved management of CCWs in both landfills and surface impoundments. 
S-12 
1 

1 INTRODUCTION 

1.1 DESCRIPTION OF COAL COMBUSTION WASTES 

Coal is fired in boilers to heat water in order to generate high-pressure steam, which in 

turn drives generators that produce electricity. Electric utilities generally use pulverized coal 

boilers, where the coal is crushed to fine particles and blown into the boiler furnace for 

combustion. Another type of furnace, used mostly by smaller power generators, is the fluidized 

bed, which can burn coal of poorer quality or grade and be used for the economical production of 

electricity. The uncombusted residue is called coal combustion waste (CCW), coal combustion 

by-product (CCB), or coal combustion residue (CCR). 

CCWs can be classified as large-volume CCWs and low-volume CCWs. The largevolume CCWs include fly ash, bottom ash, boiler slag, and flue gas emission control (or flue gas 

desulfurization [FGD]) waste. Fly ash is a silt-sized residue (typically between 10 and 100 μm), 

composed mainly of amorphous spherical particles, that is transported from the combustion 

chamber by exhaust gases and collected by particulate emission control devices before entering 

the boiler stack. Bottom ash is a dry, coarse material with sintered and agglomerated amorphous 

particles taken from the bottom of the boiler furnace either in its dry form or as a slurry (via the 

addition of water). Boiler slag is also taken from the bottom of the furnace, but emerges in a 

molten form; it is usually quenched immediately in water and forms large, glassy pellets. Flue 

gas desulfurization residues are generated by units that remove sulfur dioxide (SO2) from flue 

gas. “Wet” FGD systems are found most frequently at large coal-burning utilities; these systems 

are installed downstream of the particulate control devices and produce residues that consist 

mainly of calcium sulfate or calcium sulfite salts. However, a small but growing percentage of 

FGD residues come from “dry” FGD systems or fluidized bed combustion (FBC) systems that 

remove sulfur upstream of the particulate control devices; therefore, these “FGD residues” are 

inseparable mixtures of fly ash, bottom ash, and calcium sulfates/sulfites. Fly ash and “wet” 

FGD comprise the largest quantity of these four waste types. 

Low-volume CCWs result from supporting processes that are ancillary to the combustion 

and power generation processes. They include the following: 

• Coal pile runoff, 

• Coal mill rejects/pyrites, 

• Boiler blowdown, 

• Cooling tower blowdown and sludge, 

• Water treatment sludge, 

• Regeneration waste streams, 
2 

• Air heater and precipitator wash water, 

• Boiler chemical cleaning waste, 

• Floor and yard drains and sumps, 

• Laboratory wastes, and 

• Wastewater treatment sludge. 

A number of these “low-volume” wastes are considered to be uniquely associated with 

electricity production if they contact and take on at least some of the chemical characteristics of 

the coal or CCW (e.g., coal storage pile runoff and waste from the cleaning of boilers to remove 

chemical deposits and combustion residue). These wastes are typically co-disposed of or 

co-managed with the four large-volume CCWs. The 1999 Report to Congress: Wastes from the 

Combustion of Fossil Fuels (EPA 1999a) provides more information on co-managed wastes. 

1.2 REGULATORY HISTORY 

In the Solid Waste Disposal Act Amendments of 1980, which amended the Resource 

Conservation and Recovery Act (RCRA), Congress temporarily exempted from regulation as 

hazardous under RCRA Subtitle C certain large-volume wastes generated primarily from the 

combustion of coal or other fossil fuels (RCRA Section 3001(b)(3)(A)(i)). These large-volume 

wastes are fly ash, bottom ash, slag waste, and flue gas emission control (or FGD) wastes. In 

RCRA Section 8002(n), Congress directed the U.S. Environmental Protection Agency (EPA) to 

conduct a study and submit a Report to Congress (RTC) on the adverse effects on human health 

and the environment, if any, of the disposal and utilization of these materials. It also directed that 

within six months of submitting the RTC that the EPA (1) determine whether regulation of the 

management of the temporarily exempt CCWs as hazardous was warranted and (2) publish its 

Regulatory Determination (RD) in the Federal Register. In February 1988, the EPA submitted an 

RTC, Wastes from the Combustion of Coal by Electric Utility Power Plants (EPA 1988), in 

which it tentatively determined that the large-volume wastes did not warrant regulation under 

Subtitle C. Because it did not publish the RD for CCWs within the required time frame, a 

citizens group filed suit against the EPA. In 1992, the EPA entered into a consent decree that 

divided CCWs into the following two categories: (1) fly ash, bottom ash, boiler slag, and FGD 

waste from the combustion of coal by electric utility and independent power-producing facilities, 

and (2) all remaining wastes subject to RCRA Sections 3001(b) and 8002(n).1 The consent 

decree contained separate schedules for providing the RDs for each category. 

 

1 The remaining wastes include large-volume CCWs generated at electric utility and independent powerproducing facilities that are co-managed with certain other CCWs; CCWs generated by nonutilities; CCWs 

generated at facilities with FBC technology; petroleum coke combustion wastes; wastes from the combustion of 

mixtures of coal and other fuels (i.e., co-burning); wastes from the combustion of oil; and wastes from the 

combustion of natural gas. 
3 

In August 1993, the EPA issued an RD in which it determined that the first category 

(large-volume CCWs generated at electric utility and independent power-producing facilities) 

did not warrant regulation as hazardous when managed alone. In that determination, the EPA 

concluded that regulation of these large-volume wastes under Subtitle C of RCRA is 

inappropriate “because of the limited risks posed by them and the existence of generally 

adequate State and Federal regulatory programs” (EPA 1993). 

In March 1999, the EPA issued an RTC (EPA 1999a) on the remaining wastes, in which 

it tentatively concluded that disposal of these wastes should remain exempt from RCRA 

Subtitle C. In its May 22, 2000, RD (EPA 2000), the EPA concluded that the remaining wastes 

“do not warrant regulation under Subtitle C of RCRA and [that it] is retaining the hazardous 

waste exemption under RCRA Section 3001(b) (3) (C).” However, the EPA also determined that 

“national regulations under Subtitle D of RCRA are warranted for CCWs when they are disposed 

of in landfills or surface impoundments, and that regulations under Subtitle D of RCRA (and/or 

possibly modifications to existing regulations established under authority of the Surface Mining 

Control and Reclamation Act [SMCRA]) are warranted when these wastes are used to fill surface 

or underground mines.” The EPA stated that to ensure that CCWs are “consistently regulated 

across all waste management scenarios,” it also planned to “make these national regulations for 

disposal in surface impoundments and landfills and minefilling applicable to CCWs generated at 

electric utility and independent power-producing facilities that are not co-managed with 

low-volume wastes” (EPA 2000). 

The EPA based its decision to write Subtitle D regulations on information in the 

1999 RTC, which contained the most comprehensive and current information available at the 

time. However, much of the information pertained to management practices and State regulations 

that were in effect prior to 1995. For example, the EPA stated that it based its decision to write 

Subtitle D regulations for CCWs, in part, on its findings that in 1995, CCWs “were being 

managed in 40 percent to 70 percent of landfills and surface impoundments without reasonable 

controls in place, particularly in the area of groundwater monitoring; and while there have been 

substantive improvements in State regulatory programs, we have also identified gaps in State 

oversight” (EPA 2000). 

1.3 CCW GENERATION, USE, AND DISPOSITION 

In 2004, according to U.S. Department of Energy (DOE) Energy Information 

Administration (EIA) data, approximately 129 million tons of CCWs were produced 

(EIA 2004a; 2006a,b).2 More than half of these CCWs (56%) were fly ash, 24% were FGD 

 

2 The EIA data reported that 7,016 thousand tons of CCWs were generated in Connecticut (EIA 2004a). In a 

comparison between coal-fired generating capacity and CCW generation, this amount seemed high. Similarly, 

there appeared to be an error in reporting of CCWs for a plant in Kentucky. We asked the EIA for a clarification 

of these issues, and the EIA responded that the data for Connecticut and Kentucky were in fact misreported. 

Also, the amount of CCWs reported for Delaware, 3,662 thousand tons (EIA 2004a), appeared to be high, and 

communications between the EPA and EIA revealed that one Delaware plant had misreported its data to the 

EIA, thereby producing the high number for the State. The numbers in the text and in Table 1 reflect the 

corrected Connecticut and Kentucky values (EIA 2006a) and the corrected Delaware values (EIA 2006b). 
4 

wastes, and 17% were bottom ash. The remaining CCWs were “other by-products.”3 The EIA 

does not report boiler slag separately, but this material is generally recognized to compose less 

than 3% of the total CCWs generated. The American Coal Ash Association (ACAA) also 

reported CCW generation data for 2004. It reported a total of approximately 122 million tons of 

CCWs, with the following components: fly ash (58%), FGD wastes (26%), bottom ash (14%), 

boiler slag (2%), and FBC ash (1%). Discrepancies in the CCW generation amounts between the 

EIA and the ACAA may reflect differences in reporting requirements. The EIA does not require 

reporting of CCW generation amounts for power plants with capacities less than 100 MW; the 

ACAA figures are industrywide estimates based on voluntary data received from electric utilities 

that are representative of the utility power plants in the United States (ACAA 2004). 

Significant amounts of CCW are used beneficially. The single most common beneficial 

application of CCW is the use of fly ash as a partial substitute for Portland cement in concrete. 

CCWs are also used for road-base materials, manufactured aggregates, flowable fills, structural 

fills and embankments, roofing tiles and shingles, snow and ice control, soil modification, and to 

replace natural materials in the production of Portland cement. Gypsum (calcium sulfate) from 

FGD waste is commonly used as a raw material in wallboard manufacturing. Any wastes used 

beneficially do not require disposal in waste management units of the types considered for this 

study. The EIA data indicate that in 2004, approximately 44.7 million tons (35%) of the 

129 million tons of CCWs generated was beneficially used,4 while the ACAA estimates that 

about 49.1 million tons (40%) of the 122 million tons of CCWs generated was beneficially used 

in 2004.5 The EIA provides CCW generation and use data at the State level, but the ACAA does 

not.6 Table 1 shows the amounts of CCWs generated and beneficially used by State in 2004, as 

reported by the EIA. Among the larger CCW-generating States, Florida (62%) and Tennessee 

(57%) beneficially use well above the EIA national average of 35%, and North Carolina (46%), 

Missouri (46%), and Illinois (45%) have above-average rates of beneficial use. 

CCWs that are not used must be otherwise managed. Management occurs in disposal 

units (landfills and surface impoundments) and in mines (minefill). In 1995, an estimated 8% of 

CCWs were managed as minefill (EPA 2000). Disposal units can be located at the power plant 

 

3 “Other by-products” is an entry on Form 767, which the EIA uses to collect data on power plants. The EIA does 

not define this term; rather it allows utilities to enter volumes in this category that have not been reported in any 

of the other categories. A review of the data indicates that few if any utilities have specified the materials 

reported in this category. 

4 The 44.7-million ton estimate is likely an underestimate, because the EIA does not require utilities to report 

amounts of CCWs beneficially used by plants that have less than 100 MW of generating capacity. 

5 Another possible explanation for the discrepancy between the EIA and the ACAA estimates of beneficial reuse 

may lie in the way the data are reported. Because the EIA data reporting form asks for the amount of CCWs 

“sold,” it does not consider the possibility that the CCWs may have been “given away” for use off-site as a 

structural fill, for off-site mine reclamation, etc. Depending on how the generator reported the data, these 

practices could be classified as “off-site disposal” by the EIA but as “beneficial use” by the ACAA; in any 

event, the CCW materials would not be disposed into a waste management unit of any kind. 

6 The ACAA data are disaggregated by clusters of States corresponding to the EPA’s regions. 
5 

TABLE 1 CCW Generation and Beneficial Use by State, 2004

Statea

Total CCWs Generatedb

(thousand short tons) 

Total CCWs 

Used Beneficiallyc

(thousand short tons) 

% CCWs 

Used Beneficially 

KYd 14,537 2,521 17 

TX 12,943 4,395 34 

IN 9,549 3,023 32 

PA 9,545 2,941 31 

WV 7,220 2,401 33 

OH 6,980 2,290 33 

FL 5,092 3,171 62 

IL 4,419 1,968 45 

TN 3,803 2,163 57 

NM 3,668 864 24 

NC 3,545 1,641 46 

AL 3,408 663 19 

GA 3,141 1,022 33 

AZ 2,764 1,161 42 

ND 2,757 731 27 

VA 2,442 203 8 

MO 2,348 1,070 46 

UT 2,341 812 35 

WA 2,301 1,683 73 

SC 2,172 1,169 54 

MI 2,145 614 29 

WY 2,106 508 24 

MD 1,983 646 33 

MS 1,758 681 39 

LA 1,588 716 45 

MN 1,561 387 25 

CO 1,548 252 16 

WI 1,437 1,219 85 

KS 1,399 575 41 

NY 1,379 368 27 

OK 1,277 625 49 

IA 1,260 750 60 

MT 952 51 5 

NV 825 314 38 

AR 688 324 47 

NJ 600 112 19 

NE 469 299 64 

MA 310 130 42 

CTd 181 0 0 

NH 141 57 40 

DEe 121 24 20 

SD 105 28 27 

OR 95 81 84 

CA 50 0 0 

HI 48 0 0 
6 

TABLE 1 (Cont.)

Statea

Total CCWs Generatedb

(thousand short tons) 

Total CCWs 

Used Beneficiallyc

(thousand short tons) 

% CCWs 

Used Beneficially 

ME 36 0 0 

Total 129,037 44,653 35 

a States in bold are States with identified new (1994−2004) CCW disposal units. 

The following States reported no CCW generation: Alaska, Idaho, Rhode 

Island, and Vermont, as well as the District of Columbia. The totals in the 

table reflect only the data on CCW generation and use reported to the EIA; 

however, the EPA’s 2003 Toxic Release Inventory (TRI) data suggest that 

Alaska produced approximately 43 tons of CCWs. 

b CCWs include fly ash, bottom ash, sludge, gypsum, and other by-products. 

c Beneficial use includes CCWs that were identified as sold and those that were 

identified as “on-site use and storage,” which is assumed to reflect a 

combination of storage of CCWs en route for sale and CCWs used for local 

engineering fill. 

d CCW generation and beneficial use amounts revised per the EIA (EIA 2006a). 

e CCW generation and beneficial use amounts revised per the EIA (EIA 2006b). 

Sources: EIA (2004a; 2006a,b). 

facility (on-site) or away from the facility (off-site). Surface impoundments are almost always 

on-site, because the material disposed of in them is typically sluiced directly from the power 

plant to the impoundment, and moving such waste off-site would entail large transportation 

costs. Off-site landfills are generally used by smaller power plants, whereas larger power plants 

manage their CCWs in either on-site or off-site landfills.7 

1.4 IMPORTANCE OF CCW REGULATORY DETERMINATION TO DOE 

In the last several years, DOE has conducted further investigation into current disposal 

practices of the remaining wastes, as defined in the 1999 RTC (EPA 1999a). A significant basis 

of the EPA’s 2000 RD had been the concern that many landfills and surface impoundments for 

managing the so-called “remaining wastes” (also known as “co-managed and co-burned” wastes) 

do not have appropriate controls in place. Because of comments and representations made by 

Utility Solid Waste Activity Group (USWAG) members, DOE thought it possible that 

 

7 However, many of the off-site landfills are also owned by the power-generating utilities, because of the 

economic advantage of avoiding the high tipping fees charged by nonutility owners of municipal waste 

landfills. Analysis of data from the EPA’s TRI may have provided additional information on the proportion of 

on-site versus off-site disposal volumes, but TRI data of suitable quality to perform such analyses were not 

available in time for inclusion in this report. 
7 

management practices may have improved to the point where concerns over environmental 

exposures have been mitigated, minimized, or possibly eliminated. Therefore, DOE, in 

consultation with the EPA, conducted further investigation into current disposal practices for 

these remaining wastes with the objective of updating the 1995 information base on management 

practices. If, in fact, controls and State oversight have improved since 1995, this development 

would have a bearing on how the EPA would describe any further controls that might be 

necessary to protect human health and the environment, which could minimize costs to industry 

and its customers. 

1.5 STUDY OBJECTIVE 

The information on which the EPA based its 2000 RD—a 1997 Electric Power Research 

Institute (EPRI) study reflecting information up to 1995 (EPA 1999a)⎯does not account for 

changes in industry disposal and State regulatory practices pertaining to CCWs that might have 

occurred since 1995. DOE was concerned that the imposition of additional regulations could 

increase energy costs for consumers without a significant concomitant improvement in human 

health or environmental quality. DOE and the EPA agreed to conduct a joint study to examine 

data on CCW disposal practices; State regulatory practices; and the numbers, types, and 

rationales for variances to regulatory requirements granted by States between 1994 and 2004. 

This report describes the approach used to collect and analyze the data and the findings produced 

by that analysis. 

The objective of this study is to collect, analyze, and provide accurate, current, and 

verifiable data on CCW management practices, State regulatory requirements, and the 

implementation of those requirements. Its findings will be used to assist the EPA in determining 

what requirements are appropriate in developing a Federal regulation of CCWs under a RCRA 

Subtitle D rule. 

1.6 STUDY SCOPE 

The EPA identified the following three areas of interest: 

1. Recent and current CCW industry surface disposal management practices, 

2. State regulatory requirements for CCW management, and 

3. Implementation of State requirements (e.g., the extent to which States grant or 

deny operator requests to waive or vary regulatory requirements and the 

rationales for doing so). 

For each of these factors, the EPA is most interested in the extent to which liners and 

groundwater monitoring are incorporated into new and expanded disposal units. This study, 

therefore, focuses on liners and groundwater monitoring. 
8 

The remainder of this report contains three chapters. Chapter 2 details the methodologies 

used to collect and analyze information to address each of the EPA’s primary interest areas. 

Chapter 3 details the findings of the analyses for each of the three interest areas, and Chapter 4 

provides conclusions. Twelve appendices provide detailed data tables and other supporting 

information. Appendix A describes the approach used to study State regulatory requirements, 

summarizes the current status of pertinent regulatory controls in 11 States, and lists relevant 

findings. Appendices B through D contain information on the data collection process; 

Appendices E through I provide data on recent and current CCW industry management disposal 

unit practices; and Appendices J through L contain information on the extent to which States 

grant and deny permit variance requests. 
9 

2 APPROACH 

This chapter explains the approach used to collect and analyze the data. The following 

three tasks were undertaken to address the primary areas of interest for the EPA: 

1. Collect, assemble, and analyze data on CCW disposal unit management 

practices for new and expanded units between January 1, 1994, and 

December 31, 2004; 

2. Collect information on State regulatory requirements governing CCW 

disposal units in targeted States selected in the manner described in 

Subsection 2.2; and 

3. Collect and analyze information on variances to CCW disposal unit permit 

requirements in States hosting new units addressed under (1) above. 

The following sections provide detail on the specific methodologies used to complete 

each of these tasks. 

2.1 RECENT AND CURRENT CCW INDUSTRY DISPOSAL MANAGEMENT 

 PRACTICES 

The first task was to identify the data that would be needed to determine whether 

improvements have been made in disposal unit permitting, construction, and management over 

the past 11 years. The following kinds of information were particularly important: 

• Use of liners, 

• Use of groundwater monitoring, and 

• An indication that variances to permit conditions that may circumvent the 

regulatory requirements were not being granted without due consideration of 

site-specific conditions. 

The EPA also indicated that information on pre-permit site characterization and permit 

requirements would be useful. 

DOE and the EPA used information collected from a survey conducted by USWAG to 

identify and obtain data on new units that were not considered in the 1999 RTC. “New units” are 

those that were permitted, built, or laterally expanded between January 1, 1994, and 

December 31, 2004. In December 2004, USWAG distributed the questionnaire to all of its 

member companies that own or operate coal-fired power plants. (These companies represent 

224 GW, or 67% of total U.S. utility coal-fired capacity.) Appendix B provides a copy of the 

questionnaire. In addition, because the National Rural Electric Cooperative Association 
10 

(NRECA) and the American Public Power Association (APPA) are members of USWAG, these 

trade associations distributed the questionnaire to their member companies, and their responses 

are included in the analysis. Rural electric cooperatives are private, independent electric utilities 

that supply electricity in rural areas. They include generation, transmission, and distribution 

systems, and they are generally much smaller than investor-owned facilities. The 70 NRECA 

coal-fired plants represent about 24 GW, or 7% of total coal-fired generating capacity, and range 

in size from 15 to 1,180 MW, with an average of 353 MW. APPA utilities are not-for-profit, 

community, and state-owned electric utilities that also represent about 24 GW of coal-fired 

capacity. The 177 publicly owned coal-fired power plants range in capacity from less than 1 to 

820 MW, with an average of 137 MW. The 279 investor-owned USWAG coal-fired plants range 

in capacity from 11 to 3,564 MW, with an average of 804 MW. USWAG, NRECA, and APPA 

requested that their member companies return completed questionnaires for all units permitted, 

built, or laterally expanded between 1994 and 2004, and provide copies of all permits issued for 

these units. 

Because a response (in the form of a returned, completed survey) was requested only if a 

company had new units, a lack of response was assumed to mean that the member company had 

no new units. In January 2006, USWAG contacted members that did not respond to the 2004 

survey to verify that assumption. As explained in detail in Section 3.1.1, the results of the 

December 2004 survey combined with the January 2006 follow-up resulted in responses from 

100% of USWAG’s coal-fired utilities. To verify independently the assumption that a lack of 

response meant that the utility had no new units, and to obtain information on units that may 

have been missed by the 2004 USWAG survey, as well as on units owned by non-USWAG, 

non-NRECA, and non-APPA members, the EPA asked State regulators from nine selected 

States8 for information on new units that may not have been identified in the USWAG survey. 

Appendix C contains additional details on the approach taken to ensure that as many new units as 

possible were captured for the analysis. 

The EPA obtained information on the locations of these units, date of permit, 

construction and/or lateral expansion, and whether they had liners and groundwater monitoring. 

However, the EPA did not ask States identifying these new units to have operators of these units 

complete the questionnaire and, therefore, no additional information about unit operations was 

collected for these units. 

The completed questionnaires and the data provided to the EPA by the State regulators 

were reviewed to verify that (1) all units were, in fact, surface disposal units (i.e., landfills or 

surface impoundments and not minefills), (2) all units were permitted, built or laterally expanded 

between 1994 and 2004, and (3) there were no duplications between the USWAG survey and the 

EPA verification units. The data for the resulting units were then entered into a database 

developed specifically to store, sort, and query the disposal unit data. Finally, the disposal unit 

 

8 The EPA’s selected States were those that top the list of consumption of coal for electricity generation and/or 

CCW generation. The selected states, however, do not include those States with extensive coal-mining 

operations where significant portions of the CCWs are inferred to be disposed of as minefill, and those that do 

not require permits for disposal of dry ash and, therefore, lack pertinent records. The selected states were 

Georgia, Illinois, Indiana, Michigan, Missouri, North Carolina, North Dakota, Ohio, and Texas. 
11 

data were analyzed to identify trends and patterns in permitting, construction, and management 

practices. Where possible, the findings for the newly constructed/expanded units were compared 

with the findings in the 1999 RTC (EPA 1999a). However, the findings may not be entirely 

comparable because of differences in the types of units covered in the two studies. That is, the 

data on management unit practices and controls in the 1999 RTC came from a 1997 EPRI report 

of survey results for a sample of existing co-management units (i.e., units managing a 

combination of large-volume wastes and remaining wastes). The current study is limited to 

landfills and surface impoundments that were permitted, built, or laterally expanded between 

1994 and 2004, but it is not restricted to co-management units, and it includes some units that 

manage only the large-volume wastes that the 1993 RD concluded did not warrant regulation as 

hazardous waste under RCRA Subtitle C. Despite the differences in the data sets for the two 

studies, we believe the comparisons of findings are instructive, because the Subtitle D 

regulations would apply to all CCW disposal units, not just co-management units. 

2.2 STATE REGULATORY REQUIREMENTS FOR CCW MANAGEMENT 

In the RD issued on May 22, 2000, the EPA stated that CCWs do not warrant regulation 

as hazardous wastes under RCRA; the EPA also expressed a concern, however, that gaps may 

exist in some State regulatory programs that could lead to future environmental damages. This 

section describes the approach used to investigate this concern. 

It was evident from the outset that a nationwide study of the CCW regulations and their 

chronological changes in all States that address CCWs would not be feasible under the time and 

resource constraints of this study. Therefore, an alternative approach was undertaken, namely the 

review of the current regulatory programs applicable to CCWs in States that contain identified 

units of one or both of the following types and comparison of the results with corresponding 

information from earlier reports: (1) new CCW disposal units (i.e., those permitted, constructed, 

or laterally expanded between 1994 and 2004), and (2) units that are the basis of proven, 

potential, or alleged damage cases.9 Of the 26 States identified as meeting the selection criteria, 

a pilot study involving five States (Pennsylvania, Illinois, Indiana, Virginia, and Wisconsin) was 

conducted to determine whether it would be feasible, within the established budget and schedule 

constraints, to collect enough data for all 26 States to allow comparisons of current regulatory 

requirements with comparable information from earlier reports and to identify changes. 

 

9 In comments to the EPA, public interest groups have identified cases in which they allege that damage to 

human health or the environment was caused by fossil fuel combustion waste management units. As of 

May 2006, 86 of the alleged damage cases have been investigated by the EPA to verify the existence and cause 

of the damage. As defined in the 1999 RTC, proven damage cases are those with exceedences of primary 

maximum contaminant levels (MCLs) or other health-based standards in groundwater or surface water off-site 

or at a distance from the waste management unit sufficient to conclude that they could cause human health 

concerns, while potential damage cases are those with (1) documented exceedences of primary MCLs or other 

health-based standards on-site or beneath or close to the waste source, and/or (2) documented exceedences of 

secondary MCLs or other non-health-based standards on-site or off-site. 
12 

Information collected during the pilot study covered the following categories of regulatory 

control: 

• Regulatory designation of CCWs for disposal, 

• Permitting requirements, 

• Liner requirements, 

• Groundwater-monitoring requirements, 

• Leachate-collection system requirements, 

• Corrective action requirements, 

• Closure/post-closure requirements, 

• Siting controls, and 

• Financial assurance requirements. 

During the course of the resource-intensive pilot study, we discovered that comparisons 

between the current regulatory requirements and comparable information in the earlier reports 

could rarely be made at the same level of detail. For example, the 1999 RTC (EPA 1999a) and its 

supporting technical background documents (EPA 1999b) provide primarily aggregated 

information regarding State regulatory controls. Thus, in the case of liner requirements, the 

1999 RTC indicates that 43 States adopted liner requirements for landfills before data were 

collected. It does not, however, explain what types of liner materials or design requirements were 

specified by any particular State. Similarly, the report does not explain whether, at the time data 

were collected, particular States had differing requirements for landfills receiving wastes with 

differing toxicity levels. Furthermore, the names of States for which information was aggregated 

are not provided in the 1999 RTC. Similar difficulties were identified for all areas of regulatory 

control, which hindered most State-specific comparisons between current regulations and the 

regulations in effect at the time data were collected for the 1999 RTC. 

In light of this, the EPA revisited information already available from other sources about 

current State CCW regulatory programs and concluded that our priority should be to update how 

States were actually implementing programs, rather than simply to gather further information on 

State regulations. Accordingly, we did not conduct comprehensive reviews of State regulations 

for all of the 26 States mentioned above. Instead, the EPA identified particular aspects of the 

regulatory programs in specified States that were of interest, and we focused our investigation of 

State regulations on those States, in addition to the five pilot States. In all, six additional States 

were reviewed beyond those in the pilot study: Alabama, Florida, Georgia, Missouri, Ohio, and 

Texas. For these additional States, we concentrated on the following five of the nine areas of 
13 

regulatory control that were reviewed for the pilot States, because these areas are most closely 

associated with the control of potential releases to groundwater: 

• Regulatory designation of CCWs for disposal, 

• Permitting requirements, 

• Liner requirements, 

• Groundwater-monitoring requirements, and 

• Leachate collection system requirements. 

For each State reviewed, an effort was made to identify regulations applicable to disposal 

of CCWs in landfills and surface impoundments, regardless of the regulatory program (e.g., solid 

waste, special waste, residual waste, or wastewater) into which the State may place such 

regulations. Regulations covering beneficial use of CCWs and placement of CCWs in mines 

were not reviewed. The data collected are reported in Appendix A. The findings are provided in 

Section 3.2. The remainder of the investigation focused on State implementation of the 

regulatory requirements, as described in Section 2.3. 

2.3 IMPLEMENTATION OF STATE REQUIREMENTS 

The EPA, DOE, and industry agreed that an identification and examination of variances 

to State regulations in disposal unit permits granted by regulators would provide a good 

indication of the degree to which the State regulations were being implemented as intended. The 

analysis team took the following steps to conduct this assessment: 

• Reviewed responses to the survey questions regarding variances. (The 

questionnaire asked if the permit granted any variances and, if so, for an 

explanation of the variances.) 

• Obtained copies of permits issued for each of the surveyed units. Because 

some units had multiple permits (e.g., solid waste, discharge), the number of 

permits received was greater than the number of completed questionnaires 

received. 

• Conducted an independent review of each permit to identify any variances or 

other waivers that may have been requested but not identified in the 

questionnaire responses, and, if so, whether they had been granted. 

• For each identified variance request, collected the following additional 

information (where available) from the permit: 
14 

− Type of variance (e.g., closure/post-closure, cover/dust controls, 

groundwater monitoring, groundwater-protection standards, liners, and 

other). 

− Regulatory citation for the requirement(s) to which the variance request 

applied. 

− The text and a summary of the regulatory requirements corresponding to 

the variance request. 

− Whether the request was granted. If the request was granted: 

♦ Regulator’s rationale for granting the variance, 

♦ Provisions for revoking the variance, 

♦ Duration of the variance, and 

♦ Triggers that could alter the variance provisions. 

− If the request was rejected, the regulator’s reason(s) for the rejection. 

• Entered the collected information into the database and reviewed it for clarity, 

consistency, and completeness. 

• In cases where the permit information was unclear, inconsistent, or 

incomplete, developed a list of questions to ask the unit manager or State 

regulator. 

• Contacted operators of each unit where there were variance questions, and 

obtained either written or verbal clarifications. For the verbal clarifications, 

the response was documented, and verification from the operator that the 

documented information was correct was obtained. 

• Analyzed the results to determine the types of variances that were requested, 

the extent to which variance requests were granted, and the circumstances 

under which they were granted. We sought to identify, for each case where a 

variance was granted, the scientific or other basis upon which the regulator 

based the decision. The results were used to assess whether the regulations 

were being implemented as intended and whether there were science-based 

reasons for granting or rejecting variance requests. 
15 

3 FINDINGS 

This chapter presents the findings obtained for each of the three investigation areas: 

recent and current. CCW industry surface disposal management practices, State requirements for 

CCW management, and implementation of State requirements. 

3.1 RECENT AND CURRENT CCW INDUSTRY SURFACE DISPOSAL 

 MANAGEMENT PRACTICES 

The findings presented in this section were derived primarily from the responses received 

from unit operators who completed and returned the questionnaires. Supplemental information 

came from disposal unit data provided by the EPA. However, because the EPA obtained this 

information from State regulators, and not unit operators, only a subset of the data requested in 

the questionnaires is available for these units. 

3.1.1 Identified Units 

The number and completeness of the survey responses provided a substantial database 

from which to identify trends in CCW management and disposal practices over the past 11 years. 

Fifty-three completed questionnaires were received from the December 2004 survey conducted 

by USWAG.10 Of the completed questionnaires, 45 were useable, and the remaining 8 could not 

be used because of one or both of the following reasons: 

• The returned questionnaire addressed a minefill rather than a surface disposal 

unit, so it was not appropriate for this study, or 

• The unit did not meet the criterion of being permitted, built, or laterally 

expanded during the 1994 to 2004 period. 

In the remainder of this report, the 45 units for which completed, useable surveys were 

received are referred to as the surveyed units. 

The EPA provided DOE with a subset of data (location, unit type, liner, and 

groundwater-monitoring information) for 17 additional units. The EPA obtained this information 

through its data verification process, by contacting State regulatory agencies.11 To avoid 

 

10 In addition, six companies responded that they had no new units, even though no response was required unless 

the company had new units. 

11 The EPA’s selected States were those that top the list of consumption of coal for electricity generation and/or 

CCW generation. The selected States, however, do not include those States with extensive coal-mining 

operations where significant portions of the CCWs are inferred to be disposed of as minefill, and those that do 

not require permits for disposal of dry ash and, therefore, lack pertinent records. The selected States were 

Georgia, Illinois, Indiana, Michigan, Missouri, North Carolina, North Dakota, Ohio, and Texas. 
16 

potential duplication with the surveyed units, we compared the surveyed units with the 

EPA-identified units. We found that some of the EPA-identified units were already included in 

the surveyed units. We also reviewed the EPA-identified units (as we did the USWAG-identified 

units) to verify that the criteria that the units were surface disposal (and not minefill) units and 

that they were permitted or constructed between 1994 and 2004 were met. Several 

EPA-identified units did not meet these criteria. Presented with the results of this comparative 

analysis, representatives from the EPA, USWAG, and DOE began a process to reconcile the 

discrepancies. In the meantime, the EPA obtained information on six additional units, which 

were included in the reconciliation process. The reconciliation was that a total of 11 units 

identified by the EPA, and not already included in the set of surveyed units, met the criteria and 

would be added. In the remainder of this report, these 11 units are referred to as the nonsurveyed 

units. Appendix D summarizes the reconciliation of the EPA-identified units. 

As mentioned in Section 2.1, in January 2006, USWAG contacted utilities that did not 

respond to the 2004 survey to verify the assumption that a nonresponse meant that the utility had 

no new units. During this follow-up, four companies identified six units that met the criteria for 

new units and that should have been included in the original December 2004 survey. Because 

this information was received late, these units were not included in the analysis presented in this 

report. However, we did review basic information about these units to ascertain how the 

inclusion of these “supplemental units” might have altered the findings and conclusions of the 

report. A comparison showing that the liner and ground-monitoring practices for these 

supplemental units were consistent with those of units identified by USWAG in December 2004 

and by the EPA is presented in Section 3.1.9. It should be noted that between the December 2004 

survey and the January 2006 follow-up, responses (either in the form of a completed survey or a 

statement that the utility had no new disposal units) were received from 100% of the USWAG 

utilities with coal-fired capacity. 

Information from the surveyed and nonsurveyed units was entered into a database 

specifically developed to store unit information and facilitate analysis. The surveyed and 

nonsurveyed units compose what is referred to in the remainder of this report as the identified 

units, the analysis units, or the units. The total number of identified units, that is, those used to 

conduct the study analysis, is 56 (45 surveyed plus 11 nonsurveyed) units, located in 17 States. 

These States with identified units have a combined coal-fired generating capacity of 207 GW or 

62% of all coal-fired generating capacity in the United States. Supplemental units added an 

additional two States, for a total of 19 States, representing 67% of U.S. coal-fired capacity.12

Table 2 lists the identified units, the States and counties in which they are located, whether they 

are landfills or surface impoundments, and whether they were surveyed. Table 3 lists the 

supplemental units, the States and counties in which they are located, and whether they are 

landfills or surface impoundments. Appendix C provides additional detail on the response rates 

to the USWAG survey and the verification efforts. 

 

12 For comparison, there were 323 units in the EPRI survey used in the 1999 RTC (the EPRI survey covered units 

built between 1960 and 1995). 
17 

TABLE 2 Units Included in the Analysis

IDa Unit Name State County 

Unit 

Typeb Surveyed

232 Tampa Electric Company Polk Power Station FL Polk LF Yes 

218 Georgia Power Company Plant Arkwright Private Industry Landfill GA Bibb LF Yes 

206 Hutsonville Power Station IL Crawford SI Yes 

246 Newton Power Station IL Jasper LF Yes 

215 Wood River West Ash Pond System - Polishing Pond IL Madison SI Yes 

216 Wood River West Ash Pond System - Primary Cell IL Madison SI Yes 

211 Havana East Ash Pond Cell #3 IL Mason SI Yes 

210 Havana East Ash Pond Cell #2 IL Mason SI Yes 

253c Coffeen Power Station Landfill IL Montgomery LF Yes 

213 Hennepin PS New East Ash Pond - Raise Liner IL Putman SI Yes 

212 Hennepin PS New East Ash Pond - New Unit IL Putnam SI Yes 

214 Vermilion East Ash Pond IL Vermillion SI Yes 

228 Gibson FSS Restricted Waste Type II Landfill IN Gibson LF Yes 

226 NIPSCO R.M. Schahfer Generating Station RWS I Phase III IN Jasper LF Yes 

223 IPL - Petersburg Generating Station IN Pike LF Yes 

222 Hoosier Energy REC, Merom Generating Station IN Sullivan LF Yes 

248 Wabash River Station Flyash Pond IN Vigo SI Yes 

237 Presque Isle Power Plant Ash Landfill #3 MI Marquette LF Yes 

236 Sherco 3 Ash Landfill MN Sherburne LF Yes 

235 Sherco Pond # 3 MN Sherburne SI Yes 

233 A.S. King Landfill (Moelter Site) MN Washington LF Yes 

224 Hawthorn Utility Waste Landfill MO Jackson LF Yes 

247 Sioux Plant MO St. Charles SI Yes 

244 Meramec Plant 22-4788 MO St. Louis SI Yes 

245 Meramec Plant 498 MO St. Louis SI Yes 

331 Marshall Plant FGD Residue LF, Catawba Co. NC Catawba LF No 

227 Roxboro Steam Electric Plant Dry Ash Landfill NC Person LF Yes 

219 Great River Energy - Coal Creek Station (Section 16) ND McLean LF Yes 

359 Great River Energy (Underwood) SP-174 ND McLean LF No 

220 Great River Energy - Stanton Station (GlenHarold Mine) ND Mercer LF Yes 

252 Great River Energy - Stanton Station (Stanton Station - Surface 

Impoundment) 

ND Mercer SI Yes 

221 Great River Energy - Stanton Station (Stanton Station - Landfill) ND Mercer LF Yes 

358 Basin Electric Power Coop - AVS SP-160 ND Mercer LF No 

345 Montana Dakota Utilities - Heskett Station SP-087 ND Morton LF No 

225 Flue Gas Desulfurization Sludge Disposal Facility ND Oliver SI Yes 

361 Otter Tail Power Company Coyote Station Blue Pit SP-182 ND Oliver LF No 

360 Minnkota Power Cooperative - M.R. Young Station Bottom Ash 

IT-205 

ND Oliver LF No 

229 Merrimack Station Coal Ash Landfill NH Merrimack LF Yes 

207 Arizona Public Service Company, Four Corners Power Plant NM San Juan SI Yes 

362 Dayton Power & Light Stuart Fly Ash Landfill #11 OH Adams LF No 

351 Dayton Power & Light Stuart Fly Ash Impoundment #10 OH Adams SI No 

352 Tonkovich Monofill Expansion OH Belmont LF No 

201 Conesville Residual Waste Landfill OH Coshocton LF Yes 

202 AEP Gavin Plant Landfill OH Gallia LF Yes 
18 

TABLE 2 (Cont.)

IDa Unit Name State County 

Unit 

Typeb Surveyed

353 Ohio Valley Electric-Kyger Creek Power Plant Impoundments 

(OVEC) 

OH Gallia LF No 

217 Westwood Ash Facility OH Lorain LF Yes 

239 Keystone Generating Station Ash Disposal Site PA Armstrong LF Yes 

230 Shawville Generating Station Ash Disposal Site PA Clearfield LF Yes 

240 Conemaugh Generating Station Ash Disposal Site PA Indiana LF Yes 

363 Welsh Bottom Ash Pond TX Camp SI No 

203 Appalachian Power Glen Lyn Landfill VA Giles LF Yes 

241 Clover Power Station Industrial Landfill VA Halifax LF Yes 

200 Appalachian Power Clinch River Industrial Waste Landfill VA Russell LF Yes 

209 Alma Off-Site Phase IV WI Buffalo LF Yes 

204 AEP Little Broad Run Landfill - Area 5 WV Mason LF Yes 

205 AEP Quarrier Landfill - Area B WV Putnam LF Yes 

a An ID number was assigned to each unit to facilitate data collection and retrieval. (In general, units in the 

200 series were surveyed; units in the 300 series were not.) 

b LF = landfill; SI = surface impoundment. 

c For tracking purposes, this unit was originally a nonsurveyed unit identified by the EPA (ID #357). However, the 

unit operator subsequently submitted a completed questionnaire, and it thus became a surveyed unit. To maintain 

consistency, its ID number was changed to a 200-series number. 

TABLE 3 Supplemental Units Not Included in the Analysis 

Unit Name State County Unita Type 

Williams Station SC Berkeley LF 

McMeckim Station SC Lexington LF 

Cope Station SC Orangeburg LF 

Johnsonville North Rail Loop Dredge Cell TN Humphries SI 

Taconite Harbor Energy Center MN Cook LF 

Monticello Plant TX Titus SI 

a LF = landfill; SI = surface impoundment. 

3.1.2 Sample Coverage 

The size of the universe, that is, the total number of CCW disposal units permitted, built, 

or laterally expanded between January 1, 1994, and December 31, 2004 (“new units”), is not 

known. No industry organization or government agency tracks this information. Because the 

number of new units is not known, we considered the use of two different proxies to assess the 

sample coverage. The first uses the amount of CCWs available for disposal in States that have 
19 

coal-fired power plant capacity, and the second uses the coal-fired generating capacity of utilities 

owning the identified disposal units. 

3.1.2.1 CCW Proxy 

This proxy uses the amount of CCWs available for disposal (i.e., the amount generated 

less the amount recycled [used beneficially]) in those states with identified disposal units and 

compares it with the total CCWs available for disposal in all States with coal-fired electrical 

power capacity. With this approach (using the data in Table 1, Section 1.3), the coverage is 

estimated to be 61%. This is calculated by dividing the amount of CCWs available for disposal 

in the 17 States with identified units—51 million tons (79 million tons generated less 28 million 

tons used beneficially)⎯by the amount available for disposal in all States with coal-fired 

generating capacity, which is 84 million tons (129 million tons generated less 45 million tons 

used beneficially). The result is that an estimated 61% of the CCWs requiring disposal in the 

United States is covered in the study. 

The January 2006 USWAG follow-up identified units in two additional States beyond the 

17 States hosting units identified in the 2004 USWAG survey and the EPA verification 

investigation. Adding the amounts of CCWs available for disposal—3 million tons—in these two 

States (Tennessee and South Carolina) to the 51 million tons available for disposal in the 

previously identified 17 States brings the total amount available for disposal in the covered 

States to 54 million tons, or 64% of the 84 million tons available for disposal in all States with 

coal-fired generating capacity. The weakness of this proxy is that without data on available 

disposal capacity in the period of the study’s time frame (1994 to 2004), it is impossible to 

predict which States have had the need for additional waste-disposal capacity. In addition, 

disposal capacity for new plants is generally designed and built to last 40 years, to match the life 

expectancy of newly constructed power-generation units, and thus there would be no need to 

build or expand disposal capacity for a power plant until a time approaching roughly 40 years 

since it was built or last expanded. We, therefore, resorted to using the other proxy, the coal-fired 

generating capacity of the utilities owning the identified disposal units, for estimating sample 

coverage. 

3.1.2.2 Coal-Fired Generating Capacity Proxy 

The use of coal-fired generating capacity as a proxy probably underestimates coverage 

significantly. This is because the denominator (total U.S. coal-fired power plant generating 

capacity—335.2 GW) is much larger than the actual coal-fired generating capacity for which 

new disposal capacity is needed. Actual generating capacity requiring new disposal capacity 

from 1994 to 2004 is lower than the total U.S. coal-fired generating capacity for the following 

reasons: 

• Total U.S. generating capacity includes the capacity of all coal-fired units, 

most of which have a life span of more than 40 years. Many of these units are 

standby units that produce neither power nor CCWs. 
20 

• Because new power plants built during the past decade added only about 

9 GW (less that 3% of total capacity), new disposal units would be required 

for only a small portion of the total generating capacity. 

• Newly constructed plants may recycle the by-products for beneficial use, 

obviating the need for disposal. The amount of beneficially used CCWs is 

estimated to be approximately 35%13 according to data obtained from the 

EIA (2004a; 2006a,b), and about 40% according to data provided by the 

ACAA (2004). 

The following paragraphs describe how the coverage of the sample was estimated. 

Additional detail is provided in Appendix C. 

The 23 USWAG members that responded to the original survey with completed 

questionnaires for new units had coal-fired power plants totaling 138.4 GW of capacity.14 In 

2004, total USWAG coal-fired generating capacity was 224.2 GW. Thus, the responses received 

from those that reported new units covered roughly 62% of USWAG coal-fired capacity. This 

response rate includes the two NRECA companies that responded to the survey. (Total NRECA 

member coal-fired generating capacity is about 24 GW.) 

The EPA’s efforts to obtain information on units that may have been missed by the 

USWAG survey and on units owned by non-USWAG members identified 11 additional units at 

utilities that have a combined coal-fired generating capacity of 14 MW (or 4% of the total 

U.S. coal-fired power plant generating capacity of 335.2 GW). 

The January 2006 USWAG follow-up indicated that of the 29 members that did not 

respond to the 2004 survey, or that previously responded that they had no new units, 

25 (representing 58.2 GW of generating capacity) indeed had no new units that met the criteria, 

and 4 (with 27.5 GW of generating capacity) had 6 units that met the criteria and were missed in 

the original (2004) survey (Table 4). 

 By dividing the sum of the generating capacities of the USWAG units that responded 

with a completed survey (138.4 GW) or a statement that they had no new units (58.2 GW) plus 

the capacities of the EPA-identified units (14.0 GW) and the generating capacities of the 

companies with the supplemental units (27.5 GW) by the total U.S. coal-fired generating 

capacity (335.2 GW), the overall sample coverage rate is estimated to be 71%. This represents 

the percentage of total generating capacity covered by the utilities with new disposal units and 

those reporting that they had no disposal units. If we omit the generating capacity of the utilities 

 

13 The 35% estimate is likely an underestimate, because the EIA does not require utilities to report amounts of 

CCWs beneficially used by plants that have less than 100 MW of generating capacity. 

14 USWAG asked for a response from each member company (in the form of a returned, completed survey) only if 

the company had any “new units.” A given utility could provide more than one survey if it had power plants 

operating different disposal units. 
21 

TABLE 4 Results of the January 2006 Follow-up to the USWAG Survey 

Utility Companies (USWAG members)a Number 

Coal-Fired Capacity 

(GW) (2004) 

Number not responding to survey or responding that they had no new units in 

the original survey 

29 85.7 

Number verifying that they had no new units in the follow-up 25 58.2 

Number indicating that they did have new units that should have been included 

in the survey 

4 27.5 

Number that did not respond to follow-up calls 0 0 

a A utility company may have multiple generating plants or facilities and thus multiple disposal units. 

with the supplemental units newly identified in the 2006 follow-up (since they were not included 

in the analysis), the sample coverage is 63%. 

On the basis of the above findings on sample coverage, we believe that the information 

obtained and analyzed can be used to identify general trends in CCW disposal practices from 

1994 to 2004. 

3.1.3 Characteristics of Identified Units 

This subsection describes the share of landfills relative to surface impoundments, share of 

newly constructed units relative to expansions, and trends in unit completions and openings over 

time. 

3.1.3.1 Share of Landfills Relative to Surface Impoundments 

Identified units include 38 landfills (about two-thirds of the total identified units) and 

18 surface impoundments (about one-third of the identified units). No sand and gravel pits were 

identified by USWAG or the EPA as being new or expanded disposal units for the 1994 to 2004 

time period. The EPRI data used in the 1999 RTC (EPA 1999a) of 323 existing co-management 

units showed that by 1995, just under half of the total units were landfills. Thus, for the 

management of CCWs, the trend for new units is toward more landfills than impoundments. Part 

of this shift may relate to New Source Performance Standards under the Clean Water Act that 

require zero discharge for fly-ash-handling water in surface impoundments.15 Also, landfills 

provide more capacity per square foot than do surface impoundments and, therefore, are more 

cost effective. (DOE and the EPA recognize that disposal capacity for new and expanded units 

may be a better indicator of the amount of waste that has shifted from dry to wet handling than 

 

15 See 40 CFR Part 423, 47 FR 52290–52309, November 19, 1982. 
22 

the number of new and expanded units; however, the survey respondents did not provide unit 

disposal capacity information.) 

Table 5 shows the distribution of units by type and State. States with the largest numbers 

of identified new and expanded units include Illinois (two landfills and eight surface 

impoundments), North Dakota (eight landfills and two surface impoundments), and Ohio 

(six landfills and one surface impoundment). Except for Illinois, Missouri, New Mexico, and 

Texas, States with identified units have been building or expanding more landfills than surface 

impoundments over the last 11 years. 

3.1.3.2 Share of Newly Constructed Units Relative to Expansions 

Forty-three percent of the identified units were newly constructed, 30% were lateral 

expansions, while 16% were “other” (e.g., both new unit and lateral expansion). For 11% of the 

units, no information was provided about whether the unit was new or an expansion. Table 6 

shows the distribution of new units and expansions by State. 

TABLE 5 Distribution of Identified Disposal 

Units by State 

 

Number of Units 

State Landfills 

Surface 

Impoundments Total 

Florida 1 0 1 

Georgia 1 0 1 

Illinois 2 8 10 

Indiana 4 1 5 

Michigan 1 0 1 

Minnesota 2 1 3 

Missouri 1 3 4 

North Carolina 2 0 2 

North Dakota 8 2 10 

New Hampshire 1 0 1 

New Mexico 0 1 1 

Ohio 6 1 7 

Pennsylvania 3 0 3 

Texas 0 1 1 

Virginia 3 0 3 

West Virginia 2 0 2 

Wisconsin 1 0 1 

 Total 38 18 56 
23 

TABLE 6 Distribution of New and Expanded Units by State 

Number of Units 

State New 

Lateral 

Expansion Othera

Not 

Specified Total 

Florida 1 0 0 0 1 

Georgia 1 0 0 0 1 

Illinois 6 0 4 0 10 

Indiana 0 5 0 0 5 

Michigan 1 0 0 0 1 

Minnesota 1 2 0 0 3 

Missouri 2 0 2 0 4 

New Hampshire 0 1 0 0 1 

New Mexico 0 0 1 0 1 

North Carolina 1 1 0 0 2 

North Dakota 4 3 0 3 10 

Ohio 3 1 0 3 7 

Pennsylvania 0 2 1 0 3 

Texas 1 0 0 0 1 

Virginia 1 1 1 0 3 

West Virginia 1 1 0 0 2 

Wisconsin 1 0 0 0 1 

 Total 24 17 9 6 56 

a “Other” typically includes both lateral and vertical expansion or new 

unit and lateral expansion. 

3.1.3.3 Trends in Unit Completions and Openings over Time 

 Unit operators (for the surveyed units) and State regulators (for the nonsurveyed units) 

were asked to provide the dates of unit completion and unit opening. Some provided both, some 

provided one date but not the other, and some provided neither. For 45 (83%) of the units 

reporting data, construction was completed between 1994 and 2004, while 9 of the units had not 

opened, either because construction had not been completed or for other reasons (e.g., scrubbers 

had not been installed in the associated power-generating facility). For two of the units, no dates 

were provided. There appear to be no discernable trends regarding construction timing. 

Appendix E shows, for each disposal unit, the year of construction completion and unit opening. 

Table 7 shows the total number of landfills and surface impoundments that were completed by 

year. For units where the construction completion date was not provided but where the opening 

date was provided, the opening date is used. The results are shown in Figure 1. 
24 

TABLE 7 Trends in Construction 

Completions by Year 

Number of Units 

Year 

Construction 

Completeda Landfills 

Surface 

Impoundments Total 

Not complete 8 1 9 

2004 0 0 0 

2003 5 3 8 

2002 3 2 5 

2001 4 0 4 

2000 0 4 4 

1999 0 0 0 

1998 0 2 2 

1997 3 2 5 

1996 4 0 4 

1995 4 2 6 

1994 5 2 7 

Not specified 2 0 2 

 Total 38 18 56 

a For 12 units where the construction completion 

date was not provided but the opening date was 

provided, the year of the unit opening was used. 

FIGURE 1 Disposal Unit Completions by Year (Note: Two units did not specify a 

completion date.)
25 

3.1.4 Wastes Disposed 

 As explained in Section 1.2, in 1988, the EPA released an RTC (EPA 1988) for largevolume CCWs (fly ash, bottom ash, boiler slag, and FGD waste) generated by coal-fired electric 

utilities. In its 1993 RD (EPA 1993), the EPA stated that the regulation of the large-volume 

CCWs as hazardous waste under Subtitle C of RCRA was not warranted. The RD stated that the 

1988 RTC found that the majority of the materials present in the four large-volume wastes were 

not of major concern. The EPA also found that potentially hazardous constituents in CCWs, 

including arsenic, barium, cadmium, chromium, lead, mercury, and selenium, have the potential 

to leach into groundwater under certain conditions, but that the data suggest that contamination 

stems from older, unlined units representing past practices (EPA 1993). The EPA said that the 

“results of its analysis indicate that the wastes rarely exhibit any characteristics of hazardous 

waste and the wastes pose very limited risk to human health or the environment” (EPA 1993). It 

concluded that “current management practices and regulatory controls are adequate for managing 

the four large-volume fossil-fuel combustion wastes” (EPA 1993). In its 2000 RD (EPA 2000), 

the EPA stated that while large-volume CCWs that are co-managed with other CCWs derive 

their characteristics largely from these large-volume wastes, both the large-volume CCWs and 

the co-managed CCWs warrant the promulgation of national regulations under Subtitle D of 

RCRA (RCRA Sections 1008(a) and 4004(a)). 

Table 8 summarizes the percentages of the various wastes disposed of at surveyed 

landfills and surface impoundments based on the responses to the questionnaire, and Appendix F 

provides this information for each unit. Of the wastes managed at the 42 units reporting amounts, 

more than 95% are, on average, the large-volume wastes that the EPA found to not have 

unacceptable risks when managed alone, and virtually no risk when managed in lined units. (The 

three units that did not report percentages were all landfills.) The percentage of large-volume 

wastes managed at surface impoundments (99%) is greater than that managed at landfills (92%). 

Eleven units (26% of the 42 units that reported amounts of wastes disposed of) reported 

that fly ash comprised more than 90% of the total wastes disposed of at their facilities. The 

majority of units (93%) manage at least some fly ash. Bottom ash comprises an average of 19%, 

and FGD comprises an average of 16% of the wastes disposed of at the units. Boiler slag 

comprises less than 1%. None of the surveyed units reported disposal of the following materials: 

FBC ash, petroleum coke combustion waste, oil combustion waste, or natural gas combustion 

waste. 

 Thirteen of the 29 surveyed landfills reported disposing of wastes in addition to or instead 

of the four large-volume wastes. Three of the surveyed landfills reported disposal of co-managed 

wastes, which were further identified as coal mill rejects commingled with the fly ash, cooling 

tower sediment, coal pile pond sediment, etc. At these units, the co-managed wastes composed 

from 1% to 8% of the total wastes disposed of. One landfill reported disposal of nonutility 

wastes (2.5% of total wastes disposed of), and 10 reported disposal of “other” wastes. (One 

landfill reported disposal of both nonutility and “other” wastes.) “Other” wastes included general 

plant trash and miscellaneous industrial wastes from power plant operations such as sandblast 

grit, demolition debris, and intake-structure cleaning wastes. The percentages of these other 
26 

TABLE 8 Percentages of Wastes Disposed of at Surveyed Units 

Percentage of Wastes Disposed of at Surveyed Unitsa

Landfills 

Surface 

Impoundments All Units 

Type of Waste 

Disposed of Average Range Average Range Average Range 

Large-volume wastes 

 Coal fly ash 57.3 0−100 63.6 0−100 59.7 0−100 

 Coal bottom ash 13.2 0−95 28.9 0−95 19.2 0−95 

 Boiler slag 0.7 0−15 0.3 0−5 0.5 0−15 

 Wet FGD waste 15.9 0−98 6.5 0−80 12.6 0−98 

 Dry FGD waste 4.6 0−85 0 0 3.2 0−85 

Subtotal large-volume 91.8 99.3 95.2 

Other wastes 

 Co-managed waste 0.4 0−8 0.3 0−5 0.4 0−8 

 Nonutility CCWs 0.1 0−3 0 0 0.1 0−3 

 Other materials 7.8 0−100 0.3 0−5 4.9 0−100 

Subtotal other 8.3 0.6 5.4 

Number of units 

 reporting data 26 16 42 

a The data are for 42 units currently managing wastes that reported percentages. Averages 

were calculated using the unit-specific percentages for each type of waste shown in 

Appendix F. Totals may not sum due to rounding. 

wastes generally ranged from 1% to 5% of the total. However, one landfill reported 100% of its 

wastes as other, which consisted of slag produced by the plant’s integrated gasification 

combined-cycle gasifier. Another reported 75% of its wastes as other (70% clinker ash and 5% 

ancillary small-volume wastes). 

 Only 2 of the 16 surveyed surface impoundments manage wastes other than the 4 largevolume wastes. One unit co-manages boiler cleaning wastes (about 5% of the total waste 

co-managed at the unit), and the other unit co-manages plant drains and demineralizer regenerant 

(less than 5% of the total). Also, while liners and other protective measures are discussed in more 

detail later in this report, it should be noted here that both of these units have liners and 

groundwater-monitoring requirements. 

3.1.5 Permit Information 

For all of the surveyed units, a pre-permit site characterization was conducted, or a site 

characterization was required as part of the permit. Typically, the pre-permit characterization 

includes a hydrogeological report, but it can also include more detailed investigations, such as 
27 

archeological investigations, soil borings, and/or determinations of the nearest groundwater and 

wetlands. 

All of the surveyed units were authorized by one or more permits. As noted in the 

1999 RTC (EPA 1999a), permits are important because they can dictate use of specific operating 

practices and control technologies. The 1999 RTC reported that 94% of the landfills and 85% of 

the impoundments had permits; 100% of the 45 surveyed units in the current study have permits, 

and many have more than one. 

On average, 1.9 permits have been issued for each of the surveyed units. For landfills, the 

average is 1.8 permits per unit, and for surface impoundments the average is 2.1. As noted, a 

given unit can have multiple permits. For example, six surface impoundments have each of the 

following three State-issued permits: dam safety, National Pollutant Discharge Elimination 

System (NPDES), and construction/operating. The highest share of permits issued (29 permits, 

or 34% of the total) were waste permits, followed by NPDES permits (20 permits, or 24% of the 

total). State solid-waste regulatory programs applicable to CCWs often exclude units that are 

regulated under State water pollution control programs. Although most of the surveyed surface 

impoundments are not subject to regulation as solid waste storage or disposal units, they are 

regulated as wastewater treatment facilities, which are evaluated on a case-specific basis to 

determine the need for groundwater-protection measures such as liners and groundwater 

monitoring. 

 Table 9 shows the numbers and types of permits issued for the surveyed units. 

Appendix G shows, for each of the surveyed units, the unit type (landfill or surface 

impoundment), permit type, State, issuing agency, and, where available, the dates of permit issue 

and expiration. It also indicates whether a copy of the permit was received. 

We received and analyzed a total of 65 permits (33 for landfills and 32 for surface 

impoundments) of a total of 85 permits reported as issued by the surveyed units. The following 

two sections describe specific permit requirements for landfills and surface impoundments, 

respectively. Discussions of the use of liners and groundwater monitoring at all identified units 

(as opposed to the permit requirements for liners and groundwater monitoring for surveyed units 

only) are provided in Sections 3.1.6 and 3.1.7, respectively. 

3.1.5.1 Landfill Permit Requirements 

Of the 29 surveyed landfills, 100% have permits that require both liners and groundwater 

monitoring. As detailed in Table 10, between 90% and 100% of the landfills, depending on the 

requirement, also have permit requirements for groundwater protection,16 corrective action, 

 

16 Groundwater-protection requirements differ from groundwater-monitoring requirements. Groundwaterprotection standards are contaminant concentrations in groundwater that cannot be exceeded. They can include 

primary and secondary drinking water standards, background concentration levels, and preventive action limits. 

Groundwater-monitoring requirements are requirements to monitor, and possibly record or report, concentration 

levels of one or more specified contaminants in groundwater. 
28 

TABLE 9 Numbers and Types of Permits Issued for 

Surveyed Units 

Number Issued 

Permit Type Landfills 

Surface 

Impoundments Total 

Construction 3 6 9 

Construction/operating 0 8 8 

Dam safety 0 7 7 

NPDES 10 10 20 

Wastea 27 2 29 

Otherb 11 1 12 

 Total permits 51 34 85 

Number of units 29 16 45 

a Includes waste, State waste, restricted waste, and residual 

waste permits 

b Includes air, conditional use, health department, operating, 

industrial landfill, groundwater, storm water, and wastewater. 

closure/post-closure, inspections, and bonding/financial assurance. Roughly 45% of the landfills 

have additional permitting requirements for areas such as air monitoring, surface water 

monitoring, quality assurance standards for liner and cover construction, storm-water permits, 

requirements for preoperational and operational plans, periodic ash testing, storm-water runoff 

controls, construction documentation, leachate-collection systems, and operating plans. In 

addition to the permit requirements listed in Table 10, two landfill units in Ohio (one of which 

does not have permit requirements for groundwater-protection standards per se) have the 

following requirements: rainfall runoff and leachate collection and treatment; NPDES permit; 

groundwater intercept and drainage system under clay liner; 5-ft isolation zone between 

uppermost aquifer and bottom of clay liner; fugitive dust control; statistical analysis of 

groundwater data; annual operating report to the Ohio Environmental Protection Agency; annual 

operating license from the Ohio Department of Health; off-site rainfall diversion away from 

landfill area; and daily operating and maintenance logs. 

The 1999 RTC did not include a review of specific permit requirements, but it did report 

the shares of units that employed various controls. It found that 94% of the landfills had 

closure/post-closure controls (covers), compared with 100% of the landfills built or expanded

from 1994 to 2004. It also found that 77% of the landfills had groundwater-protection standards, 

compared with 90% of the landfills built since 1994. This RTC did not contain data for 

corrective action, bonding/financial assurance, or inspection controls or requirements. 

Comparisons of the 1999 RTC and the current study regarding use of liners and groundwater 

monitoring are contained in Sections 3.1.6.1 and 3.1.7, respectively. 
29 

TABLE 10 Permit Requirements for Surveyed 

Landfills 

Surveyed Landfills 

with Requirement 

in Permit (29 total 

surveyed landfills) 

Requirement Number % 

Liners 29 100 

Groundwater monitoring 29 100 

Groundwater-protection standards 26 90 

Corrective actiona 27 93 

Closure/post-closure 29 100 

Inspections of the unit 29 100 

Bonding/financial assurance 26 90 

Otherb 13 45 

a These requirements are for operators to take 

corrective action should it be needed to contain, clean 

up, and eliminate the future potential for migration of 

contaminants from a CCW disposal unit via aboveground pathways or leaching to groundwater. The 

questionnaire did not ask for permit-specific details 

on specific corrective action and remediation triggers 

and requirements. 

b Examples of other permit requirements for landfills 

include air monitoring, surface water monitoring, 

quality assurance standards for liner and cover 

construction, storm-water permits, requirements for 

pre-operational and operational plans, periodic ash 

testing, storm-water runoff controls, construction 

documentation, leachate-collection systems, and 

operating plans. 

3.1.5.2 Surface Impoundment Permit Requirements 

For the 16 surveyed surface impoundments, 12 (75%) have liner requirements in their 

permits. The remaining four units (25%) have voluntarily installed liners. Thus, 100% of the 

surveyed surface impoundments have liners. Permits for 10 of the surveyed surface 

impoundments (63%) require groundwater monitoring, and for two additional surface 

impoundments groundwater monitoring is conducted voluntarily. Thus, groundwater monitoring 

is conducted for 75% of the surveyed surface impoundments (Table 11). 

In addition to liner and groundwater-monitoring requirements, surface impoundments 

have permit requirements for groundwater protection, corrective action, unit inspections, closure 

and post-closure, bonding/financial assurance, and other areas (Table 12). 
30 

TABLE 11 Liner and Groundwater-Monitoring Requirements for Surveyed 

Surface Impoundments 

Surveyed Units 

with Requirement 

in Permit 

 

Surveyed Units 

That Conduct 

Activity 

Voluntarily 

 

Total Surveyed 

Units That 

Conduct Activity 

Requirement Number % 

 

Number % 

 

Number % 

 

Liners 12 75 4 25 16 100 

Groundwater monitoring 10 63 2 12 12a 75 

a Three of the surface impoundments without groundwater monitoring are in Missouri. Missouri 

regulates CCW settling basins as water pollution control units subject to the Missouri Clean 

Water Law. The Missouri Clean Water Law requires such units to obtain construction and 

operating permits from the Missouri Department of Natural Resources (DNR) Water Protection 

Program, but does not require them to obtain solid waste permits (10 CSR 80-2.020(9)(A)7). 

The Missouri DNR Water Protection Program has authority to impose groundwater-monitoring 

requirements for water pollution control units on a case-specific basis (10 CSR 20-6.010), but 

did not do so for the three units in this table. 

TABLE 12 Other Permit Requirements for 

Surveyed Surface Impoundments 

 

Units with 

Requirement in Permit 

(16 Surveyed Surface 

Impoundments) 

Requirement Number % 

 

Groundwater-protection standards 3 19 

Corrective actiona 10 63 

Closure/post-closure 3 19 

Inspections of the unit 11 69 

Bonding/financial assurance 2 12 

Otherb 1 6 

a These requirements are for operators to take corrective 

action should it be needed to contain, clean up, and 

eliminate the future potential for migration of 

contaminants from a CCW disposal unit via 

aboveground pathways or leaching to groundwater. The 

questionnaire did not ask for permit-specific details on 

specific corrective action and remediation triggers and 

requirements. 

b Other requirements include construction/closure, quality 

assurance/quality control, and NPDES discharge permit. 
31 

 The data indicate that, in general, the percentage of landfills subject to the various types 

of permit requirements, such as groundwater-protection standards, closure/post-closure, 

bonding/financial assurance, as well as others, is greater than the percentage of surface 

impoundments subject to the same requirements. This observation can be explained largely by 

the fact that many State solid-waste regulatory programs applicable to CCWs have exemptions 

or exclusions for units that are regulated under State water pollution control programs. As a 

result, most of the surface impoundments included in this study are not subject to regulation as 

solid waste storage or disposal units. Nevertheless, they are regulated as wastewater treatment 

facilities, which are evaluated on a case-specific basis to determine the need for groundwaterprotection measures such as liners and groundwater monitoring. Section 3.2.1.2 provides 

additional information regarding State regulatory programs applicable to surface impoundments 

that receive CCWs. 

3.1.6 Liners 

The previous section addressed how many of the 45 surveyed landfills and surface 

impoundments that were built or expanded between 1994 and 2004 have liners, that is, the new 

units that reported liners required by permits. This section describes the use of liners at all 

identified disposal units—both surveyed and nonsurveyed—built or expanded between 1994 and 

2004. It also addresses changes in the liner materials, which provide an indication of liner 

integrity.

3.1.6.1 Liner Use at Disposal Units 

The vast majority (98%) of the 56 identified units (both landfills and surface 

impoundments) have liners. This includes all of the 45 surveyed units and 10 of the 

11 nonsurveyed units. The one unit lacking a liner is a landfill in North Dakota that receives only 

bottom ash, which the State considers inert and, therefore, no liner is required. Figure 2 

compares the number of landfills and surface impoundments that have been constructed with the 

number that have been constructed with liners (since 1994). It shows that the trend is for more 

construction of landfills than surface impoundments and that, with the aforementioned exception, 

virtually all new and expanded disposal units have been constructed with liners. (The number of 

units constructed by year, as opposed to the cumulative yearly total numbers, is shown in 

Figure 1.) 

 It is not possible to provide a direct comparison of the findings regarding the newly 

constructed and expanded units in the current study with the findings regarding the disposal units 

in the 1999 RTC. The 1999 RTC uses data from a 1997 EPRI survey intended to include all comanagement units, regardless of their construction date, while this study includes only recently 

constructed or expanded units, but includes co-management and ash-only units. However, 1995 

data compiled from industry and DOE surveys for the 2000 RD indicate that the corresponding 

values for liners in landfills and surface impoundments constructed between 1985 and 1995 were 
32 

FIGURE 2 Liners in Identified New or Expanded Disposal Units since 1994 (cumulative yearly 

total numbers) 

75% and 60%, respectively. The current data indicate that virtually all newly constructed 

landfills and all newly constructed impoundments are lined, whether as a permit requirement or 

voluntarily. 

3.1.6.2 Liner Integrity 

 The protective qualities of the liner materials have improved over the past decade for 

both landfills and surface impoundments. Most of the liners in these newly constructed or 

expanded units are engineered liners made of compacted clay or synthetic clay, or a 

geomembrane (specialized plastic sheeting), or a combination thereof. In general, single liners 

consist of one type of liner, composite liners consist of a geomembrane combined with a clay 

liner, and double liners consist either of two single liners, two composite liners, or a single and a 

composite liner. Some units reported multiple types of liners. For example, a single unit 

indicating double, synthetic, and compacted clay liners would be reported as having multiple 

types. Liner type information was collected for each of the 56 identified disposal units, but 

terminologies varied and may be inconsistent. Table 13 summarizes the numbers and types of 

liner systems reported for landfills and impoundments. The relative shares of liner types are 

shown in Figure 3 for landfills and in Figure 4 for surface impoundments. Appendix H contains 

detailed data on the materials, thicknesses, and permeabilities for these liner systems. 
33 

TABLE 13 Liner Types at Recently Constructed Landfills and Surface 

Impoundments

 

Landfills 

 

Surface 

Impoundments 

 

Total 

Liner Type Number % 

 

Number % 

 

Number % 

 

Clay/compacted clay 11 29 3 17 14 25 

Single/synthetic 4 11 6 33 10 18 

Double 2 5 0 0 2 4 

Combination 7 18 8 44 15 27 

Multiple typesa 13 34 1 6 14 25 

 Subtotal units with linersb 37 97 18 100 55 99 

Not linedc 1 3 0 0 1 2 

Total unitsb 38 68 18 32 56 100 

a Multiple types refers to cases where the survey response provided multiple liner classifications. 

For example, a case in which a respondent checked double, synthetic, and compacted clay is 

reported under multiple types. 

b Percentage total has been rounded. 

c Inert bottom ash, as defined by the State. 

FIGURE 3 Liner Types Reported for Landfills (Note: One unit is 

unlined because the material disposed of was classified by the State 

as inert bottom ash, and, therefore, no liner is required.) 
34 

FIGURE 4 Liner Types Reported for Surface Impoundments 

 The 1999 RTC categorized liner types differently than does this study, so direct 

comparisons are not possible. Nonetheless, it appears that liner materials and types have 

improved since 1994. For example, the 1999 RTC reported that 43% of the landfills and 74% of 

the surface impoundments constructed between 1985 and 1995 had no liners or soil-only liners. 

Since 1994, only one landfill (less than 3%) was constructed without a liner (and only because 

the State within which the landfill is located has classified the waste-managed bottom ash as 

inert). All of the surface impoundments reported a liner other than compacted in situ soil. While 

about 9% of the units in the 1999 RTC used compacted ash, no units used solely compacted ash 

since 1994. The percentage of clay liners remained about the same or decreased slightly, to about 

29% for landfills and 17% for surface impoundments. The percentage of double liners increased 

slightly for landfills, from 1% to 5%. Finally, the percentage of combination and multiple liners 

increased for landfills, from less than 10% in the 1999 RTC to more than 50% in the newly 

constructed/expanded units. For impoundments, the percentage of combination/multiple liners 

increased from 2% to more than 50% since 1994. 

3.1.7 Groundwater Monitoring 

The vast majority (91%) of the 56 identified newly constructed or expanded units 

(landfills and surface impoundments) monitor groundwater. All but one of the 38 landfills (97%) 

conduct groundwater monitoring, and because this landfill manages only bottom-ash waste, 

which the State has classified as inert, groundwater monitoring is not required. Of the 18 surface 

impoundments, 14, or 78%, monitor groundwater.17 Table 14 shows the percentage of identified 

 

17 Two surface impoundments that were not surveyed—and, therefore, are not included in Section 3.1.5.2, which 

addressed only the 45 surveyed units (29 landfills and 16 surface impoundments)—reported groundwater 

monitoring. Thus, of the total 18 identified surface impoundments (surveyed and nonsurveyed), 14 conduct 

groundwater monitoring. 
35 

TABLE 14 Disposal Units with Groundwater Monitoring by State 

 

Landfills 

 

Surface Impoundments 

 

Total 

State Total 

Units with 

Groundwater 

Monitoring 

% Units 

with Groundwater 

Monitoring 

 

Total 

Units with 

Groundwater 

Monitoring 

% Units 

with Groundwater 

Monitoring 

 

Total 

Units with 

Groundwater 

Monitoring 

% Units 

with Groundwater 

Monitoring 

 

FL 1 1 100 0 0 –a 1 1 100 

GA 1 1 100 0 0 – 1 1 100 

IL 2 2 100 8 8 100 10 10 100 

IN 4 4 100 1 0 0 5 4 80 

MI 1 1 100 0 0 – 1 1 100 

MN 2 2 100 1 1 100 3 3 100 

MO 1 1 100 3 0 0 4 1 25 

NC 2 2 100 0 0 – 2 2 100 

ND 8 7b 88 2 2 100 10 9 90 

NH 1 1 100 0 0 – 1 1 100 

NM 0 0 – 1 1 100 1 1 100 

OH 6 6 100 1 1 100 7 7 100 

PA 3 3 100 0 0 – 3 3 100 

TX 0 0 – 1 1 100 1 1 100 

VA 3 3 100 0 0 – 3 3 100 

WI 1 1 100 0 0 – 1 1 100 

WV 2 2 100 0 0 – 2 2 100 

Total 38 37 97 18 14 78 56 51 91 

a − = not applicable. 

b Inert bottom ash (as defined by the State) in one landfill; groundwater monitoring not required. 

landfills and surface impoundments that monitor groundwater for each State. While the 

percentage of surface impoundments that monitor groundwater is less than the percentage of 

landfills, it is higher than the percentage reported in the 1999 RTC for units constructed between 

1985 and 1995 (65%). The percentage of landfills in the 1999 RTC with groundwater monitoring 

was 88%; thus, there has been an increase in groundwater monitoring for both landfills and 

surface impoundments since 1994. Table 14 also shows that the surface impoundments that did 

not report groundwater-monitoring were in two States, Indiana and Missouri. These two States 

impose groundwater monitoring requirements for surface impoundments on a case-specific basis 

in water pollution control permits. The unit in Indiana is permitted under the NPDES program. 

Missouri regulates CCW settling basins as wastewater treatment units subject to the Missouri 

Clean Water Law. The Clean Water Law requires such units to obtain construction and operating 

permits from the Missouri Department of Natural Resources (DNR) Water Protection Program, 

but does not require them to obtain solid waste permits (10 CSR 80-2.020(9)(A)7). The Missouri 

DNR Water Protection Program has authority to impose groundwater-monitoring requirements 

for wastewater treatment facilities on a case-specific basis (10 CSR 20-6.010), but did not do so 

for these three units. 

For the surveyed units, information was obtained on the groundwater constituents 

monitored, the monitoring frequency, and the number of monitoring wells and their locations. 

Appendix I presents detailed data on groundwater monitoring; key findings are highlighted 

below. 
36 

• Constituents monitored. Landfills and surface impoundments monitor for a 

variety of hazardous and nonhazardous constituents. Thirty of the 37 landfills 

and 12 of the 14 surface impoundments that monitor groundwater listed the 

constituents monitored in their response to the survey. Not all units are 

required to monitor for the same constituents (e.g., the regulatory agency may 

have used waste characterization data to determine that certain constituents 

are not present in the CCWs and, thus, testing for such constituents is not 

necessary). However, commonly monitored constituents include mercury, 

molybdenum, vanadium, arsenic, cadmium, copper, nickel, zinc, barium, 

boron, chromium III, chromium VI, lead, selenium, silver, and tin (toxic 

metals); and ammonia, nitrogen, nitrite, nitrate, phosphorus, sulfate, 

potassium, iron, manganese, aluminum, dissolved oxygen, oxidation potential, 

alkalinity, calcium, magnesium, sodium, chloride, total dissolved solids, total 

suspended solids, temperature, pH, specific conductance, and appearance 

(secondary MCLs and other water quality parameters). 

• Monitoring frequency. Monitoring frequency ranges from monthly to 

semiannually. Of the 37 landfills at which groundwater monitoring is 

conducted, 29 reported the frequency of their monitoring activities. Of these, 

15 monitor quarterly, and 14 monitor semiannually. Of the 14 surface 

impoundments at which groundwater monitoring is conducted, 12 reported 

frequency. Of these, 1 monitors monthly, 9 monitor quarterly, and 2 monitor 

semiannually. 

• Number of and location of wells. For the 28 landfills and 12 surface 

impoundments that reported monitoring well numbers, the number of wells at 

landfills ranges from 4 to 41, with an average of 9. At surface impoundments, 

the range is from 5 to 22, with an average of 12. Survey respondents were 

asked to indicate not only the number of monitoring wells, but the location of 

the wells with respect to the disposal unit (i.e., upgradient of unit or 

downgradient of unit, inside the unit boundaries or outside the unit 

boundaries). Although most of the responses provided the number of wells in 

the various locations, the responses were inconsistent on reporting of 

locations. Thus, it is not possible to determine the relationship between 

upgradient and downgradient wells, and whether the wells are located 

inside/outside the unit boundary. Table 15 shows the ranges in number and the 

average number of wells inside and outside the unit boundaries, and Table 16 

shows the ranges in number and average number of wells upgradient and 

downgradient of the units. 

3.1.8 Regulatory Inspections 

 The questionnaire asked respondents to indicate whether any regulators had inspected 

their units. Of the 45 surveyed units, 37 (82%) said that regulators had inspected their units. 
37 

TABLE 15 Summary Statistics on Groundwater-Monitoring Wells and Locations 

within and outside the Boundaries of Surveyed Units

 

Landfills 

 

Surface Impoundments 

 

Number of Wells 

 

Number of Wells 

Monitoring Wells Range Average 

 

Range Average 

 

Within boundaries of unit 0–25 7 0–17 5 

Outside boundaries of unit 0–41 6 0–22 7 

 Number of units reporting locations of wells 

 within and outside boundaries of unit 

21 11 

TABLE 16 Summary Statistics on Groundwater-Monitoring Wells and 

Locations Upgradient and Downgradient of Surveyed Units

 

Landfills 

 

Surface Impoundments 

 

Number of Wells 

 

Number of Wells 

Monitoring Wells Range Average 

 

Range Average 

 

Upgradient of unit 1–12 3 1–7 3 

Downgradient of unit 3–29 8 4–20 8 

 Number of units reporting locations of 

 upgradient and downgradient wells 

27 12 

Twenty-seven of the 29 surveyed landfills have been inspected; the 2 that have not been 

inspected have not been built yet. Ten of the 16 surveyed surface impoundments (63%) indicated 

that they have been inspected. Respondents indicated that inspections ranged in frequency from 

monthly to annually. The six surface impoundments that did not report any inspections are in 

Illinois. The questionnaire did not ask for information on inspection findings. 

3.1.9 Testing for Potential Misrepresentation of Data Caused by the Exclusion 

 of Supplemental Units 

As explained in Section 3.1.1, the analysis in this report is based on information for 

56 disposal units that were permitted, built, or laterally expanded between January 1, 1994, and 

December 31, 2004. Information on these units was obtained from (1) the results of USWAG’s 

December 2004 survey (29 landfills and 16 surface impoundments), and (2) the EPA’s 

subsequent effort to identify units not included in the USWAG survey (9 landfills and 2 surface 
38 

impoundments). The analysis does not include the six supplemental units identified by 

USWAG’s January 2006 follow-up that was conducted to identify any units that had not 

responded to the 2004 survey.18 To determine if the exclusion of these six units from the 

analysis may have produced findings that were not representative of the 56 units that comprised 

the analysis, we compared the results for the key parameters of interest (liners and groundwater 

monitoring) for the following groups of units: 

• USWAG-surveyed units (from December 2004 survey), 

• EPA-identified units, and 

• USWAG supplemental units (identified by USWAG in the 2006 follow-up). 

The results are summarized in Table 17 and are described below: 

• Liners. The percentage of USWAG units identified as having liners in the 

2004 survey was 100% (45 of 45); the percentage of EPA-identified units was 

91% (10 of 11); and the percentage of supplemental units was 67% (4 of 6). 

All of the surface impoundments (surveyed, nonsurveyed, and supplemental) 

have liners. The three landfills with no liners (of the total 42 landfills) include 

the following: 

− One EPA-identified landfill that manages only bottom ash in North 

Dakota. North Dakota regulations classify bottom ash as inert, and inert 

wastes in the State do not require liners.19 

− Two supplemental units (owned by the same utility company) in South 

Carolina. One of these landfills is located over a thick geologic unit (marl) 

that has a permeability of < 1 × 10-6 cm/s (the required permeability of 

liners) and receives CCWs that are classified by the State as low-toxicity 

 

18 These units were not included because of time and resource constraints. 

19 According to ND Chapter 33-20-01.1, “inert waste” means nonputrescible solid waste that will not generally 

contaminate water or form a contaminated leachate. Inert waste does not serve as food for vectors. It includes, 

but is not limited to, construction and demolition material such as metal, wood, bricks, masonry, and cement 

concrete; asphalt concrete; tree branches; bottom ash from coal-fired boilers; and waste coal fines from air 

pollution control equipment.
39 

TABLE 17 Comparison of Key Results for Surveyed, Nonsurveyed, and Supplemental Units 

 

Surveyed 

Units 

(USWAG) 

 

Nonsurveyed 

Units 

(EPA) 

 

Supplemental 

Units 

(USWAG) 

 

Total 

(All Units) 

 

Number % 

 

Number % 

 

Number % 

 

Number % 

All units 45 

 

11 

 

6 

 

62 

 All units with liners 45 100 10a 91 4b 67 59 95 

 All units with groundwater 

 monitoring 

41 91 10a 91 6 100 57 92 

 

All landfills 29 9 4 42 

 Landfills with liners 29 100 8a 89 2b 50 39 93 

 Landfills with groundwater 

 monitoring 

29 100 8a 89 4 100 41 98 

 

All surface impoundments 16 2 2 20 

 Surface impoundments with 

 liners 

16 100 2 100 2 100 20 100 

 Surface impoundments with 

 groundwater monitoring 

12c 75 2 100 2 100 16 80 

a One landfill has neither a liner nor groundwater monitoring, because the State within which the landfill is 

located has classified bottom ash as inert. 

b Two units in South Carolina do not have liners. However, one of these landfills is located over a thick 

geologic unit (marl) that has a permeability less than that required for liners (1 × 10-6 cm/s). The other unit 

is a lateral expansion of an existing waste unit that required extensive hydrogeological characterization 

prior to permitting. In addition, groundwater has been monitored at the site since 1987. 

c Three of the surface impoundments without groundwater monitoring are in Missouri. Missouri regulates 

CCW settling basins as wastewater treatment units subject to the Missouri Clean Water Law. The Missouri 

Clean Water Law requires such units to obtain construction and operating permits from the Missouri 

Department of Natural Resources (DNR) Water Protection Program, but does not require solid waste 

permits (10 CSR 80-2.020(9)(A)7). The Missouri DNR Water Protection Program has authority to impose 

groundwater-monitoring requirements for wastewater treatment facilities on a case-specific basis in 

construction and operating permits (10 CSR 20-6.010), but did not do so for the three units in this table. 
40 

(Class I) wastes for which no liners are required.20 The other unit is a 

lateral expansion of an existing landfill that also receives CCWs classified 

by the State as Class I wastes. 

• Groundwater monitoring. The percentage of USWAG units identified in the 

2004 survey with groundwater monitoring was 91% (41 of 45); the percentage 

of EPA-identified units with groundwater monitoring was also 91% (10 of 

11); and the percentage of USWAG supplemental units with groundwater 

monitoring was 100% (6 of 6). 

• For all new units (surveyed, nonsurveyed, and supplemental), 95% have liners 

and 92% have groundwater monitoring. 

3.2 STATE REQUIREMENTS 

3.2.1 Overview 

 As explained in Section 2.2, a pilot study was performed consisting of detailed reviews in 

nine categories of regulatory controls that apply to landfills and surface impoundments in 

Illinois, Indiana, Pennsylvania, Virginia, and Wisconsin. For six additional States—Alabama, 

Florida, Georgia, Missouri, Ohio, and Texas—detailed reviews were conducted in the five 

regulatory categories most closely associated with the control of potential releases to 

groundwater. Information about regulatory controls applicable to CCW disposal was collected 

from 11 States as shown in Table 18. The detailed data are reported in Appendix A. 

3.2.1.1 Permitting Requirements for Landfills 

Permitting requirements applicable to the disposal of CCWs in landfills were reviewed 

for the 5 pilot States (Illinois, Indiana, Pennsylvania, Virginia, and Wisconsin) and 6 additional 

 

20 The South Carolina regulations (R. 61-107.16) for Industrial Solid Waste Landfills (ISWLFs) require that the 

waste streams be characterized and that the TCLP results from characterization are compared with ranges based 

on the drinking water MCLs. The utility’s coal ash landfills have so far tested as a Class I material (Toxicity 

Characteristic Leaching Procedure [TCLP]) results are < 10 × drinking water MCLs). A Class I waste does not 

require a liner. A Class II waste (> 10 but < 30 × drinking water MCLs) would require a clay liner system. A 

Class III waste (>30 × drinking water MCLs) requires a synthetic liner system. Waste streams must be 

characterized every 5 years or if a process change occurs that may change the characteristics (on a peroccurrence basis). This may occur, for instance, with the installation of a selective catalytic reduction unit or 

change in traditional coal source. The regulations are crafted such that the status of a permitted landfill is 

monitored over time on the basis of the tested character of the waste. At this time, no characterization work has 

indicated that a reevaluation of the Class status for any ash landfill is required. In addition, groundwater 

monitoring, statistical analysis of groundwater data, corrective action, closure/post-closure, and financial 

mechanisms are required for ISWLFs in South Carolina. 
TABLE 18 Areas of Regulatory Control Reviewed by Statea Stateb Regulatory Designation of CCWs for Disposal Permitting Liners Groundwater Monitoring Leachate- Collection System Closure and Post-Closure Corrective Action Siting ControAlabama X X X X X Florida X X X X X Georgia X X X X X Illinois X X X X X X X X 

Indiana X X X X X X X X Missouri X X X X X Ohio X X X X X Pennsylvania X X X X X X X X Texas X X X X X Virginia X X X X X X X X Wisconsin X X X X X X X X 

a “X” indicates that the area of control described in the column heading was reviewed for the State, while a blank cell indicat

control described in the column heading was not reviewed for the State. All 11 States were reviewed for the five areas havipotential to affect whether releases to groundwater are controlled. 

b The pilot review covered Illinois, Indiana, Pennsylvania, Virginia, and Wisconsin, which are indicated in boldface type. Al

Georgia, Missouri, Ohio, and Texas were selected for supplemental reviews in the regulatory areas having greater potential releases to groundwater are controlled. 
42 

States (Alabama, Florida, Georgia, Missouri, Ohio, and Texas). All 11 States have regulations 

that expressly exclude CCWs from the definition of hazardous waste. Thus, in general, landfills 

that receive CCWs in any of the 11 States reviewed are not required to obtain hazardous waste 

disposal permits, although Missouri requires fly ash to be disposed of in a hazardous waste 

disposal facility if it fails the TCLP. Ten States designate CCWs as a type of nonhazardous 

industrial solid waste and regulate landfills receiving CCWs under their solid waste regulatory 

programs. Alabama regulations exclude CCWs from the definition of solid waste. 

Detailed examination of CCW landfill permitting requirements in the 11 States reviewed 

revealed that 6 States (Georgia, Indiana, Missouri, Pennsylvania, Virginia, and Wisconsin) 

require solid waste permits for all landfills receiving CCWs for disposal. The other 5 States 

(Alabama, Florida, Illinois, Ohio, and Texas) have adopted laws and regulations that result in 

exemptions from solid waste permitting requirements for certain CCW landfills. The exemptions 

are described in Table 19. Section A.3.3 in Appendix A provides State-specific discussions. 

TABLE 19 Description of Permitting Exemptions in Five States 

State Description of Exemption 

 

Alabama CCWs are expressly excluded from the definition of solid waste in Alabama. Hence, CCW landfills, 

whether located on-site or off-site, are not required to obtain solid waste permits. 

Floridaa On-siteb landfills may have Power Plant Siting Act (PPSA) certifications in lieu of solid waste 

permits, if they are located at power plants; OR 

If the site of a landfill is not subject to the PPSA, an on-site landfill may, in lieu of solid waste 

permits, obtain either another permit issued by the Florida Department of Natural Resources or an 

approved groundwater-monitoring plan, which addresses or authorizes the environmental effects on 

groundwater and surface water. 

Illinois For on-site landfills, initial notice to the permitting agency is required, as are quarterly and annual 

groundwater reports, but no solid waste permit is required. 

Ohio If the landfill is a monofill that receives only “nontoxic” fly ash, bottom ash, and/or foundry sand (as 

determined by the Ohio Environmental Protection Agency),c solid waste permits are not required. 

Texas On-site landfills must be registered with the Texas Commission on Environmental Quality and 

provide updated information when changes occur, but solid waste permits are not required. 

a In Florida, the PPSA (FS 403.501 through 518) provides for certification (licensure) of steam electric power 

plants that are 75 MW or larger in size. The Florida Department of Environmental Protection is the lead 

agency for coordination of the power plant siting process conducted pursuant to the PPSA and has 

jurisdiction over many of the activities that the PPSA certification process may replace. 

b “On-site” means located at the same site where the CCWs were generated. In Texas, an “on-site” landfill 

may be located at a nearby facility (i.e., within 50 mi) having the same owner.

c Wastes are considered “nontoxic” in Ohio if leachate obtained by using the TCLP or modified TCLP 

contains (1) concentrations of arsenic, barium, cadmium, chromium, lead, and/or mercury that are less than 

30 times the limits established by the EPA for these metals in drinking water and/or (2) a concentration of 

selenium of 1 mg/L or less, which the Ohio Environmental Protection Agency has established as the 

“nontoxic” criterion for selenium (USWAG 2005). 
43 

 Because permits are techniques by which States ensure environmental control of waste 

management activities, the fact that 5 of the 11 States reviewed have solid waste permitting 

exemptions for certain CCW landfills raised a question during peer review of this report, even 

though an absence of solid waste permitting does not mean the absence of regulatory oversight. 

Specifically, peer reviewers were interested in whether the adoption of similar solid waste 

permitting exemptions for landfills might be prevalent among many States. Accordingly, 

USWAG member companies provided input regarding CCW landfill solid waste permitting 

practices in States that have coal-fired electric generating capacity. The results are reported in 

Table 20. 

 As Table 20 indicates, USWAG confirmed that 30 States with coal-fired electric 

generating capacity require solid waste permits for all CCW landfills under their nonhazardous 

solid waste programs. Six States were confirmed to not require solid waste permits for disposal 

units receiving CCWs, if the CCWs being disposed of were generated at the same site as the 

landfill (and in Texas, at a nearby facility [i.e., within 50 mi] and having the same owner). One 

State, Alabama, which expressly excludes all nonhazardous CCWs from the definition of solid 

waste, does not require a solid waste permit for a landfill that receives only CCWs. Another 

State, Ohio, expressly excludes “nontoxic” fly ash, bottom ash, and boiler slag from the 

definition of solid waste. According to USWAG, virtually all coal ash and slag produced in Ohio 

meets the “nontoxic” criteria for the metals of concern (USWAG 2005). This means that of all 

CCWs in Ohio, only landfills receiving FGD residues typically require solid waste permits. 

Appendix A provides detailed reviews of the solid waste regulatory programs in three of the six 

States that exempt CCWs from solid waste permitting (Florida, Illinois, and Texas). The areas of 

regulatory control covered for these States are designation of CCWs for disposal, permitting, 

liner requirements, groundwater-monitoring requirements, and leachate-collection system 

requirements. Appendix A also provides detailed reviews of the same areas of regulatory control 

for the two States (Alabama and Ohio) that exempt some or all CCWs from the definition of 

solid waste. 

Table 21 shows how the States with solid waste permitting exemptions compare with the 

nation in coal-fired generating capacity, rate of CCW generation, and beneficial use of CCW. 

As Table 21 reports, the total quantity of CCWs generated by facilities located in all 

States having coal-fired generating capacity in the United States was approximately 129 million 

tons in 2004. In comparison, the States that do not either exempt on-site CCW landfills from 

solid waste permitting requirements or exclude CCWs from the definition of solid waste 

generated a total of approximately 60 million tons of net disposable CCWs in 2004, which is 

approximately 71% of the total net disposable CCWs generated for all States. The six States that 

have solid waste permitting exemptions for certain on-site CCW landfills generated a total of 

approximately 17 million tons of net disposable CCWs in 2004, which is 20% of the total net 

disposable CCWs generated for all States. The one State that excludes CCWs from all solid 

waste regulations, Alabama, generated a total of approximately 2.7 million tons of net disposable 

CCWs in 2004, which is about 3.3% of the total net disposable CCWs generated in all States. 

Ohio, which excludes “nontoxic” fly ash, bottom ash, and boiler slag from solid waste 

regulations, generated a total of 5.9 million tons of these wastes and 1.1 million tons of FGD 
44 

TABLE 20 Solid Waste Permitting Requirements by Statea

States That Do Not Exempt On-Site 

CCW Landfills from State Solid 

Waste Permitting Requirements 

States That 

Exempt Certain 

On-Site CCW 

Landfills from 

State Solid Waste 

Permitting 

Requirements 

States That 

Exclude CCWs 

from All Solid 

Waste 

Regulations 

 

Arizona New Hampshire Colorado Alabama 

Arkansas New Jersey Florida Ohiob

Connecticut New Mexico Illinois 

Delaware New York Maryland 

Georgia North Carolina Texas 

Indiana North Dakota Utah 

Iowa Oklahoma 

Kansas Pennsylvania 

Kentucky South Carolina 

Louisiana South Dakota 

Michigan Tennessee 

Minnesota Virginia 

Mississippi West Virginia 

Missouri Wisconsin 

Montana Wyoming 

a Solid waste permitting requirements for Nebraska, Nevada, Oregon, and 

Washington were not confirmed because there are no USWAG member 

companies with facilities located in those States. Solid waste permitting 

requirements for Massachusetts were not confirmed because of time and 

resource constraints. Note that none of the States with coal-fired generating 

capacity absent from this table is a major generator of CCWs, and that the 

rates of beneficial use in the States absent from the table are normally either 

above or well above the national average (42% to 84% of total CCW 

generated in the State is beneficially used) (see Section 1.3). 

b Ohio expressly excludes “nontoxic” fly ash, bottom ash, and boiler slag 

from the definition of solid waste. Wastes are considered “nontoxic” in Ohio 

if leachate obtained by using the TCLP or modified TCLP contains 

(1) concentrations of arsenic, barium, cadmium, chromium, lead, and/or 

mercury that are less than 30 times the limits established by the EPA for 

these metals in drinking water and/or (2) a concentration of selenium of 

1 mg/L or less, which the Ohio Environmental Protection Agency has 

established as the “nontoxic” criterion for selenium. According to USWAG, 

virtually all coal ash and slag meet the “nontoxic” criteria (USWAG 2005). 
45 

TABLE 21 Power Generation Capacity, CCW Generation, and CCW Beneficial Use in States 

with Solid Waste Permitting Exemptions, 2004 

Power Generation 

Capacity 

 

CCW Generation 

 

CCWs 

Used 

Beneficially 

Net 

Disposable 

States That Exempt CCWs 

Certain On-Site CCW 

Landfills from Solid 

Waste Permitting 

Requirements MW 

% of 

Total 

U.S. 

 

Thousand 

Tons 

% of 

Total 

U.S. 

 

Thousand 

Tons 

Thousand 

Tons 

 

 Colorado 5,309 1.6 1,548 1.2 252 1,296 

 Florida 11,378 3.4 5,092 3.9 3,171 1,921 

 Illinois 17,462 5.2 4,419 3.4 1,968 2,451 

 Maryland 5,236 1.6 1,983 1.5 646 1,337 

 Texas 21,155 6.3 12,943 10.0 4,395 8,548 

 Utah 4,973 1.5 2,341 1.8 812 1,529 

States that exclude 

CCWs from all solid 

waste regulations 

 

 Alabama 12,458 3.7 3,408 2.6 663 2,745 

 Ohioa 24,028 7.2 6,980 5.4 2,290 4,690 

 Total of above States 101,969 30.4 38,714 30.0 14,197 24,517 

 Total United States 335,243 129,037 44,653 84,384 

a Of the total CCWs generated in Ohio, 5,883 thousand tons (84%) are fly ash, bottom ash, and boiler slag, 

which are excluded from State solid waste regulations, and 1,096 (16%) are FGD wastes, which are not 

excluded from regulation. Of the 2,290 thousand tons of CCWs that are beneficially used, 1,302 thousand 

tons (57%) are fly ash, bottom ash, and boiler slag, and 987 thousand tons (43%) are FGD wastes. 

Sources: EIA (2004a,b; 2006a,b). 

wastes (about 7 million tons total) in 2004. Of these amounts, about 1.3 million tons of 

“nontoxic” fly ash, bottom ash, and boiler slag are beneficially used and about 1 million tons of 

FGD sludge are beneficially used. Hence, the net disposable CCWs that were potentially exempt 

from solid waste permitting requirements in Ohio in 2004 (i.e., ”nontoxic” fly ash, bottom ash, 

and boiler slag) amount to about 4.6 million tons (5.9 million minus 1.3 million). Flue gas 

desulfurization wastes in Ohio are subject to full regulation as solid waste. Thus, the amount of 

net disposable CCWs in Ohio that is potentially exempt from solid waste permitting 

requirements represents about 5.4% of the total net disposable CCWs generated for all States. 

Overall, the portion of the net disposable CCWs that is potentially exempt from solid waste 

permitting requirements is approximately 24 million tons, which corresponds to 29% of the total 

net disposable CCWs generated in the United States during 2004. 

In terms of electric generating capacity, the six States that have solid waste permitting 

exemptions for certain on-site CCW landfills generated a total of approximately 66,000 MW, 

which is approximately 20% of the total coal-fired electric generating capacity in the 
46 

United States in 2004. The one State that excludes CCWs from all solid waste regulations, 

Alabama, generated a total of approximately 12,000 MW in 2004, which is about 3.7% of the 

total. Ohio, which excludes “nontoxic” fly ash, bottom ash, and boiler slag from solid waste 

regulations, generated a total of about 24,000 MW in 2004. This represents about 7.2% of the 

total coal-fired electric generating capacity in the United States. Overall, the portion of the coalfired electric generating capacity in the States that potentially exempt CCW landfills from solid 

waste permitting requirements and that exclude certain CCWs from all solid waste regulation is 

approximately 102,000 MW, which corresponds to about 30% of the total coal-fired electric 

generating capacity in the United States in 2004. 

Four of the six States not requiring solid waste permits for disposal units receiving only 

CCWs generated on-site (Colorado, Florida, Illinois, and Texas) have other mechanisms for 

identifying and tracking such exempt facilities. While the mechanisms vary from State to State, 

they suggest that the absence of a solid waste permit in these four States does not mean the 

absence of regulatory oversight. A brief summary of these alternative mechanisms is provided 

below. 

In Florida, if CCWs are disposed of in an on-site landfill at a coal-fired electric 

generating plant authorized under the Florida Power Plant Siting Act (PPSA), no separate 

permits, including solid waste construction and operation permits, are required. Instead, the 

entire facility is covered under the PPSA certification, which will contain the same substantive 

requirements as would otherwise have been imposed by other permits. In addition, if a solid 

waste generator other than an electric generating plant disposes of solid waste (including CCWs) 

that resulted from its own activities on its own property, a solid waste permit is not required 

provided that the environmental effects of such disposal on groundwater and surface water are 

addressed or authorized by another permit issued by the Florida Department of Environmental 

Protection or by an approved groundwater-monitoring plan (FAC 62-701.320). 

In Illinois, a CCW landfill that qualifies for an exemption from solid waste permitting as 

a result of on-site disposal must comply with the design, construction, and operating standards 

applicable to other nonhazardous solid waste landfills that receive chemical wastes (35 Ill. Adm. 

Code 816.500(a)). These standards include requirements for liner systems, leachate-collection 

systems, and groundwater-monitoring programs (35 Ill. Adm. Code 811, Subpart C). In addition, 

exempt CCW landfills in Illinois must file an initial facility report containing information on 

facility location and disposal practices. Other reporting requirements for such landfills include 

quarterly reports containing groundwater monitoring results and annual reports containing raw 

data from groundwater and leachate-system monitoring networks (35 Ill. Adm. Code 815.203). 

In Texas, if a CCW landfill is exempt from solid waste permitting because it receives 

nonhazardous industrial waste generated only by its owner, the generator of the waste is required 

to register with the Texas Commission on Environmental Quality (TCEQ) (30 TAC 335.6(a)). 

With the registration, the TCEQ requires submission of information, including, but not limited 

to, information concerning waste composition, waste management methods, facility engineering 

plans and specifications, or the geology where the facility is located (30 TAC 335.6(b)). In 

addition, the landfill is subject to general prohibitions against polluting water, creating a 

nuisance, and endangering public health and welfare (30 TAC 335.4). 
47 

Finally, in Colorado, if a CCW landfill is exempt from solid waste permitting 

requirements because it is located on the waste generator’s site and receives only waste 

generated on that site, a Special Use Permit must be obtained from the local governing authority 

(typically a County) for the landfill. Colorado law authorizes each local government to plan for 

and regulate the use of land within its respective jurisdiction. To accomplish this, local 

governments in Colorado have enacted land-use regulations that require approvals, including 

Special Use Permits, for development. Special Use Permits are typically required for large-scale 

industrial projects such as power plants (see, e.g., Rio Blanco County 2002). 

3.2.1.2 Permitting Requirements for Surface Impoundments 

Permitting requirements applicable to surface impoundments were reviewed for the five 

pilot States (Illinois, Indiana, Pennsylvania, Virginia, and Wisconsin) and six additional States 

(Alabama, Florida, Georgia, Missouri, Ohio, and Texas). Pennsylvania is the only State reviewed 

that requires a solid waste permit for all surface impoundments that receive CCWs. Wisconsin 

also regulates surface impoundments used for disposal as solid waste landfills. Otherwise, in the 

States reviewed, surface impoundments are regulated as water pollution control facilities rather 

than as solid waste management units. In general, water pollution control facilities treat or store 

wastewater, including industrial wastewater, and discharge it directly or indirectly into waters of 

a State, which usually encompass both surface water and groundwater located wholly or partially 

within the State. 

All 11 States require surface impoundments that discharge wastewater from a point 

source into State waters to obtain an NPDES permit (or the State equivalent), although 

Wisconsin exempts from this requirement surface impoundments used for disposal, which are 

thereby subject to regulation as solid waste disposal units. For surface impoundments receiving 

CCWs that do not discharge from a point source (and thus are not required to obtain an NPDES 

permit), seven of the States reviewed (Florida, Georgia, Illinois, Indiana, Missouri, Ohio, and 

Virginia) require alternative water pollution control permits, and Texas requires compliance with 

permitting requirements for solid waste landfills. Indiana, Missouri, and Virginia expressly 

exclude surface impoundments that obtain water pollution control permits from solid waste 

permitting requirements. 

Ten of the 11 States reviewed allow requirements (e.g., installation of groundwatermonitoring systems, liner systems, and leachate-control systems) to be placed in NPDES 

permits, and other water pollution control permits, to protect human health and the environment. 

In Pennsylvania, such requirements are placed into solid waste permits. It should also be noted 

that in Florida such requirements may be placed into the PPSA certification rather than in water 

pollution control permits for CCW surface impoundments located on-site at an electric 

generating company. 
48 

3.2.2 Findings 

Table 22 summarizes the chronological comparisons of regulatory controls for landfills in 

the States reviewed. As Section 2.2 explains, a total of 11 States—Alabama, Florida, Georgia, 

Illinois, Indiana, Missouri, Ohio, Pennsylvania, Texas, Virginia, and Wisconsin—were reviewed 

for regulatory designation of CCWs for disposal, permitting requirements, liner requirements, 

groundwater-monitoring requirements, and leachate-collection system requirements. Five of the 

11 States (i.e., the pilot study States)—Illinois, Indiana, Pennsylvania, Virginia, and 

Wisconsin—were also reviewed for closure and post-closure requirements, corrective action 

requirements, siting controls, and financial assurance.2129Because corrective action was not 

addressed in either the 1988 RTC (EPA 1988) or the 1999 RTC (EPA 1999a), no chronological 

comparison was made for corrective action. Similarly, the information in these RTCs was 

insufficient to support an evaluation of changes over time in State regulations applicable to 

surface impoundments. Therefore, changes over time were not evaluated for this report. 

The terms used in Table 22 to describe the types of change observed during two time 

periods—the period between collection of data for the 1999 RTC and collection of data for this 

report (2005), and the period between collection of data for the 1988 RTC and 2005—are 

defined in the footnotes. “Neutral” means that either it could not be ascertained from the 

information reviewed whether any change occurred during the time frame indicated, or that the 

information review suggested that no change occurred. For the period between collection of data 

for the 1999 RTC and 2005, the change observed was “neutral” for either all or all but one State 

in every category of regulatory control. This suggests that the absence of details about regulatory 

controls in most States reviewed in the 1999 RTC and its supporting technical documents made 

it difficult to ascertain whether regulatory changes occurred before or after data were collected 

for the 1999 RTC for the majority of the States. However, for the period between data collection 

for the 1988 RTC and 2005, the type of change observed for most States was either “tightened” 

or “relaxed.” Therefore, from these data it was possible to confirm that, during the period 

between data collection for the 1988 RTC and 2005, the regulation of landfill liners, leachatecollection systems, and groundwater monitoring tightened in most States reviewed. 

Table 22 indicates which of the States reviewed for this report tightened, relaxed, or were 

neutral with respect to regulatory controls in eight areas applicable to landfills between the times 

data were collected for the 1988 RTC and for this report. For each area of regulatory control, the 

total net disposable CCWs2230generated in 2004 in reviewed States that tightened controls were 

 

21 For each State reviewed, an effort was made to identify regulations applicable to the disposal of CCWs in 

landfills and surface impoundments, regardless of the program (e.g., solid waste, special waste, residual waste, 

or wastewater) into which the State may place such regulations. Regulations covering beneficial use of CCWs 

and placement of CCWs in mines were not reviewed. 

22 “Net disposable CCWs” were determined for each State by subtracting the total amount of CCWs beneficially 

used in the State during 2004 from the total amount of CCWs generated in the State during 2004, on the basis of 

data from EIA (2004a). The “total net disposable CCWs” were calculated for each type of change in a 

regulatory category (i.e., tightened, neutral, or relaxed) by summing the net disposable CCWs for all States 

reviewed for this report that experienced that type of change. 
49 

TABLE 22 Summary Results from Chronological Comparisons of Regulatory Controls for 

Landfills in States Revieweda 

Category of Regulatory 

Control EPA 1999 to 2005b

 

EPA 1988 to 2005 

Type of Change 

 

Number State

 

Number State

 

Regulatory Designation of 

CCWsc

 

Tightenedd 1 WI 7 IL, IN, MO, OH, PA, TX, 

WI 

Neutrale 10 AL, FL, GA, IL, IN, 

MO, OH, PA, TX, VA 

 3 FL, GA, VA 

Relaxedf

 0 1 AL 

 

Solid Waste Permittingc 

Tightened 1 MO 4 IN, MO, OH, PA 

Neutral 10 AL, FL, GA, IL, IN, 

OH, PA, TX, VA, WI 

 5 FL, GA, TX, VA, WI 

Relaxed 0 2 AL, IL 

 

Linersc 

Tightened 0 8 GA, IL, IN, MO, OH, PA, 

VA, WI 

Neutral 11 AL, FL, GA, IL, IN, 

MO, OH, PA, TX, VA, 

WI 

 0 

Relaxed 0 3 AL, FL, TX 

 

Groundwater Monitoringc 

Tightened 0 8 GA, IL, IN, MO, OH, PA, 

VA, WI 

Neutral 11 AL, FL, GA, IL, IN, 

MO, OH, PA, TX, VA, 

WI 

 1 FL 

Relaxed 0 2 AL, TX 

 

Leachate Collectionc 

Tightened 0 8 GA, IL, IN, MO, OH, PA, 

VA, WI 

Neutral 11 AL, FL, GA, IL, IN, 

MO, OH, PA, TX, VA, 

WI 

 2 AL, TX 

Relaxed 0 1 FL 

Closure and Post-Closureg 

Tightened 0 3 IN, PA, VA 

Neutral 5 IL, IN, PA, VA, WI 2 IL, WI 

Relaxed 0 0 
50 

TABLE 22 (Cont.)

Category of Regulatory 

Control EPA 1999 to 2005b

 

EPA 1988 to 2005 

Type of Change 

 

Number State

 

Number State

Sitingg

 

Tightened 0 3 IL, IN, VA 

Neutral 5 IL, IN, PA, VA, WI 2 PA, WI 

Relaxed 0 0 

 

Financial Assuranceg 

Tightened 0 2 IN, VA 

Neutral 5 IL, IN, PA, VA, WI 3 IL, PA, WI 

Relaxed 0 0 

a A chronological comparison was not possible for corrective action requirements because the historical EPA 

documents from which data were obtained did not address this area of regulatory control. 

b For each category of regulatory control, a chronological comparison is provided for two time periods: (1) “EPA 

1999 to 2005 Data,” which is the time period between the time data were collected for the 1999 EPA Report to 

Congress: Wastes from the Combustion of Fossil Fuel (EPA 1999a) and the time data were collected for this 

report, and (2) “EPA 1988 to 2005 Data,” which is the time period between the time data were collected for the 

1988 EPA Report to Congress: Wastes from the Combustion of Coal by Electric Utility Power Plants 

(EPA 1988) and the time data were collected for this report. 

c States reviewed for this regulatory category were Alabama, Illinois, Indiana, Florida, Georgia, Missouri, Ohio, 

Pennsylvania, Texas, Virginia, and Wisconsin. 

d “Tightened” means that during the time frame indicated in the column heading, specific requirements for 

controls were added to the State’s regulations where either none existed before, or prior requirements were less 

tailored to the characteristics of the wastes being regulated. 

e “Neutral” means that either it could not be ascertained from the information reviewed whether any change 

occurred during the time frame indicated in the column heading, or the information reviewed suggested that no 

change occurred. 

f

 “Relaxed” means that the information reviewed suggested that some or all pre-existing regulatory controls in 

the category of interest were removed during the time frame indicated in the column heading. 

g States reviewed for this regulatory category were Illinois, Indiana, Pennsylvania, Virginia, and Wisconsin. 

calculated from Table 1 and compared with the same quantity in reviewed States that relaxed 

controls. The comparisons suggest that in all eight of the areas of regulatory control reviewed, 

more net disposable CCWs in the States reviewed underwent a tightening of regulatory controls 

than underwent a relaxation between the times data were collected for the 1988 RTC and for this 

report. A summary of the comparison for each area of regulatory control is provided below. 

• In the area of regulatory designation of CCWs, seven States (Illinois, Indiana, 

Missouri, Ohio, Pennsylvania, Texas, and Wisconsin) experienced tightened 
51 

controls, and one State (Alabama) experienced relaxed controls, with a ratio 

of net disposable CCWs (relaxed:tightened) of 0.1:1.0. 

• In the area of solid waste permitting, four States (Illinois, Missouri, Ohio, and 

Pennsylvania) experienced tightened controls, and two States (Alabama and 

Illinois) experienced relaxed controls, with a ratio of net disposable CCWs 

(relaxed:tightened) of 0.34:1.0. 

• In the area of liner requirements, eight States (Georgia, Illinois, Indiana, 

Missouri, Ohio, Pennsylvania, Virginia, and Wisconsin) experienced 

tightened controls, and three States (Alabama, Florida, and Texas) 

experienced relaxed controls, with a ratio of net disposable CCWs (relaxed: 

tightened) of 0.59:1.0. 

• In the area of groundwater-monitoring requirements, eight States (Georgia, 

Illinois, Indiana, Missouri, Ohio, Pennsylvania, Virginia, and Wisconsin) 

experienced tightened controls, and two States (Alabama and Texas) 

experienced relaxed controls, with a ratio of net disposable CCWs 

(relaxed:tightened) of 0.50:1.0. 

• In the area of leachate-collection requirements, eight States (Georgia, Illinois, 

Indiana, Missouri, Ohio, Pennsylvania, Virginia, and Wisconsin) experienced 

tightened controls, and one State (Florida) experienced relaxed controls, with 

a ratio of net disposable CCWs (relaxed:tightened) of 0.086:1.0. 

• In the area of closure and post-closure requirements, three States (Indiana, 

Pennsylvania, and Virginia) experienced tightened controls, and no States 

experienced relaxed controls, with a ratio of net disposable CCWs 

(relaxed:tightened) of 0.0:1.0. 

• In the area of siting requirements, three States (Illinois, Indiana, and Virginia) 

experienced tightened controls, and no States experienced relaxed controls, 

with a ratio of net disposable CCWs (relaxed:tightened) of 0.0:1.0. 

• In the area of financial assurance requirements, two States (Indiana and 

Virginia) experienced tightened controls and no States experienced relaxed 

controls, with a ratio of net disposable CCWs (relaxed:tightened) of 0.0:1.0. 

3.3 IMPLEMENTATION OF STATE REQUIREMENTS 

Although current State regulatory programs to address the risks associated with CCW 

disposal in landfills and surface impoundments examined in this report appear to have improved, 

we did not have sufficient information on actual program implementation to confirm that the 

intended protections were occurring. To assess the level to which regulators were implementing 

the laws and regulations that had been enacted and promulgated, a review of permits issued for 
52 

the surveyed units was conducted to identify the nature and extent of any variances to the 

regulatory requirements. This section describes the findings associated with the review of 

information in the CCW permits and follow-up interviews with utilities and States, where 

necessary, to ascertain the degree to which regulators are implementing State requirements as 

intended. 

3.3.1 Overview of Variance Requests 

The permit review found that from 1994 to 2004, 52 variances were requested by 

operators of new or recently expanded disposal units in 9 of the 16 States containing surveyed 

units: Florida, Georgia, Illinois, Indiana, Minnesota, Ohio, Virginia, West Virginia and 

Wisconsin. No variance requests were identified in the remaining seven States: Michigan, 

Missouri, North Carolina, North Dakota, New Hampshire, New Mexico, and Pennsylvania. The 

review also found that few of these requests were related to liners or groundwater monitoring. 

For example, only four variances to groundwater-monitoring requirements were requested. 

While all four were granted, they applied only to organic constituents not found in CCWs. 

Similarly, only seven variances to liner requirements were requested. These were not to exempt 

the units from using liners, but rather to allow the use of alternative construction methods or liner 

materials. Of the seven liner variance requests, two were rejected, three were granted with 

stipulations, and two were granted only after the protectiveness of the proposed alternatives was 

demonstrated to the regulators. For one of the two liner requests granted, approval of a request to 

use an alternative (unconventional) method to consolidate subgrade foundation soils was granted 

after the success of the alternative approach was demonstrated at the specific site for which it 

was requested. In the second case, permeability data for an alternative liner material (soil 

combined with compacted Poz-O-Tec) submitted by the company demonstrated that the 

permeability of the combination liner would be no greater than that allowed for the 3-ft 

compacted soil liner specified in the regulations. 

The following paragraphs describe the overall review of the variances requested and the 

State agency responses; Section 3.3.2 describes specific variance requests. Appendix J 

summarizes variance requests by State and category of requirement (e.g., liner, groundwater 

protection standards); Appendix K provides, for each of the 52 variance requests, the variance 

category, a description of the specific request, whether it was granted or not, a summary of the 

regulation to which the variance applies, the citation of the regulation, and the host State of the 

unit for which the variance was requested; and Appendix L provides, for each variance request, 

the granting rationale (if granted), the revocation provisions (if any), and any comments that 

further explain the variance. 

In their survey responses, operators of surveyed units reported that 11 units in 6 States 

had one or more variances in their permits. All were for landfills. Because the information in the 

survey responses lacked the detail needed to investigate the variance issue thoroughly, we 

examined all 65 permits received from unit operators (whether or not the associated survey 

reported a variance) to determine whether variances had been requested and granted and, if so, 

the rationale behind the decision. 
53 

The survey responses reported that a total of 85 permits had been issued for the 

45 surveyed units. (Section 3.1.5 describes the types of permits issued.) We asked for copies of 

all 85 permits and received 65. These 65 permits were issued for 39 of the 45 surveyed units. The 

analysis of all 65 permits found that 21 had variance requests, representing 19 units (2 units each 

had 2 separate permits with variance requests). Eighteen of the units requesting variances were 

landfills, and one was a surface impoundment. Of the 16 States with surveyed units, 9 had 

permits with variance requests and 8 had granted variances. The review was conservative in that 

it captured everything that could be construed as a variance. Thus, several conditions that we 

considered to be variances were not identified as such in the permits. For example, a landfill in 

Georgia has a design and operational plan that contains numerous conditions, such as “Methane 

gas control is not necessary as no gases are generated from coal ash,” which is not identified as a 

variance in either the plan or the permit. Because some States consider such conditions 

variances, we included them as such in this study. As a result, if anything, the number of 

variances for the surveyed units for the permits reviewed is overestimated rather than 

underestimated. 

Because individual permits often contain multiple variance requests (e.g., 1 permit had 

6 variance requests), the total number of requests was 52. Of the 52 requests, 5 were rejected and 

47 were granted. Of the 47 granted, 16 were granted with stipulations (e.g., provisions that would 

revoke or alter the variance if certain conditions are not met). Twelve were granted because the 

requirement from which the variance was sought (e.g., landfill gas monitoring) applied to a 

municipal solid waste or commercial landfill and was not appropriate to a CCW disposal unit. 

Six were identified and included as granted variances even though the permit itself did not 

characterize them as variances. All 6 of these variances were associated with 1 permit. They 

were included as variance requests in the database because sometimes other States consider 

waivers of the types of requirements covered to be variances. For example, one of these requests 

was to waive the fire protection measures otherwise required by the State regulations. Ten 

variances were granted because the State regulations provide for variances if it can be 

demonstrated that the proposed alternative meets or exceeds the environmental performance of 

the requirement from which the variance is requested. Three variances were granted for other 

reasons. For example, in one case, it appears that the regulator included the variance in a permit 

because an identical variance was granted for an earlier stage of the landfill. 

Table 23 shows, for each State that received variance requests, the number of units 

requesting variances and the number of variances requested, rejected, and granted. It also 

identifies, for the variances that were granted, the number granted with restrictions, the number 

that were for requirements not germane to CCWs, the number that the regulations expressly 

allow if performance meets or exceeds the standards, and the number that were granted for other 

reasons. 

3.3.2 Discussion of Variance Requests by Category 

 Variances were requested in the following categories: liners, groundwater monitoring, 

closure and post-closure, cover/dust controls, groundwater protection, and “other.” The “other” 
TABLE 23 Variance Requests and Disposition by State for Surveyed CCW Units Variances Summary Explanations for Granted Variancesa State No. of Units Requested Rejected Granted Restrictions on Variance Requirement Not Germane to CCWb Not Considered Variance in Permitc Regulations Allo

Flexibility with Demonstrated Performance 

FL 1 2 2 0 0 0 0 0 GA 1 6 0 6 0 0 6 0 IL 3 4 0 4 0 1 0 3 IN 4 8 0 8 7 0 0 1 MN 2 4 0 4 1 2 0 1 OH 2 5 2 3 1 0 0 2 VA 3 8 0 8 4 1 0 1 WI 1 4 1 3 3 0 0 0 WV 2 11 0 11 0 8 0 2 Total 19 52 5 47 16 12 6 10 a Included in variances granted. b For example, a regulation developed for municipal solid waste or commercial landfill. c Included because other States treat request as a variance. d For example, in one case it appears that the regulator included a variance in the landfill permit because it was granted 

earlier stage of the landfill. In another case, wetlands must be added in a 2:1 ratio to compensate for location nearer su

than allowed, and in yet a third case, a variance was granted on the basis of findings in the engineering report. 
55 

category includes several one-of-a-kind or other rarely requested variances, such as fire 

protection and signage. It is important to note that most of the requests (with the exception of 

those addressing requirements that were developed for municipal solid waste or commercial 

landfills that are not appropriate to CCW disposal units) were not to exempt the unit from the 

requirement, but rather to allow for an alternative approach or material that would accomplish 

the same objective. 

 Table 24 summarizes the categories of variance requests by State, and the following 

sections discuss individual categories of variances. Three appendices provide additional variance 

information. Appendix J shows the number of identified variance requests for all variance 

categories (including the individual types within the “other” category) for the States with 

surveyed units; Appendix K provides, for each disposal unit, a description of the variance, the 

variance category, the regulation for which the variance was requested, and whether it was 

granted or not; and Appendix L provides, for each unit and variance request, the granting 

rationale (if appropriate), any revocation provisions, and additional comments. 

3.3.2.1 Liner Variance Requests 

 Seven requests (covering six units) were made for variances to liner requirements. All 

were for landfills. None of the applicants asked that their units be exempted from the installation 

of liners. Rather, the requests were for technical variances to construction method, liner 

materials, or liner requirements for the leachate-collection system that would provide protection 

equal to or greater than the liner system specified in the regulations. Variance requests were 

made in four States (Ohio, West Virginia, Indiana, and Wisconsin). Before granting a variance 

TABLE 24 Summary of Variance Request Categories by State for Surveyed CCW Units

 Category of Variance Request 

Surveyed 

States with 

Variance 

Requests Total 

Liner 

Requirements 

Groundwater 

Monitoring 

Closure/

PostClosure 

Cover/Dust 

Controls 

GroundwaterProtection 

Standards Othera

 

FL 2 0 0 0 0 2 0 

GA 6 0 0 1 1 0 4 

IL 4 0 0 0 3 0 1 

IN 8 1 0 2 5 0 0 

MN 4 0 0 0 0 1 3 

OH 5 3 0 0 2 0 0 

VA 8 0 4 0 0 3 1 

WI 4 1 0 0 0 2 1 

WV 11 2 0 0 4 0 5 

Total 52 7 4 3 15 8 15 

a Includes cell height, fire protection, landfill gas/methane, leachate collection, location, pre-siting, 

signs, solid waste management plans, and standards for sewage works. 
56 

request, the State regulatory agencies require operators to demonstrate that proposed alternatives 

provide equal or better environmental performance, and include permit provisions that allow 

variances to be revisited based on environmental performance. Table 25 summarizes the types of 

liner variance requests, whether they were granted or rejected, and the granting/rejection 

rationale. 

3.3.2.2 Groundwater-Monitoring Variance Requests 

 Three of the 45 surveyed units requested variances to the groundwater-monitoring 

requirements. One unit requested two variances, but for different stages of unit development; 

thus, there were a total four variance requests. All of these requests were for Virginia landfills, 

and each requested a variance only to the broad nonhazardous industrial waste requirement to 

monitor for organic constituents. In the State of Virginia, the disposal of CCWs not beneficially 

used is regulated in the same manner as disposal of other nonhazardous industrial solid wastes. 

This includes a requirement that groundwater be monitored for a set of constituents that includes 

organics. CCWs do not contain appreciable levels of organics. However, the permit requirements 

for each of these landfills call for the monitoring of numerous other constituents, including 

mercury, as well as other toxic metals and inorganics. The number of monitoring wells at each of 

the three units ranges from 11 to 17. 

3.3.2.3 Closure/Post-Closure Requirements 

Three of the surveyed units, all landfills, requested variances for some aspect of 

closure/post-closure controls. Two were requested in Indiana, and one in Georgia. Both of the 

variances requested in Indiana were granted with the stipulation that the variance would be 

revoked if the conditions included as part of the regulatory agency’s decision were not met. 

Table 26 summarizes the closure and post-closure variances requested by the surveyed units. 

3.3.2.4 Cover/Dust Controls 

 Fifteen requests (for 10 units) were made for variances to daily or intermediate cover 

requirements. All were for landfills. Of these, seven were granted with stipulations, three were 

granted because the regulations provide for alternatives that offer equal or better environmental 

protection, and five were granted because the requirements were designed to protect against 

vectors at municipal solid waste landfills. Cover variances were requested and granted in Ohio

(two, both for the same unit), West Virginia (four [two each: one daily and one intermediate] for 

two separate units), Georgia (one), Indiana (five, two each for two separate units plus one for a 

third unit), and Illinois (three, two of which were for the same unit). Table 27 summarizes the 

daily and intermediate cover variance requests. 
57 

TABLE 25 Disposition of Liner Variance Requests for Surveyed Units 

Variance Request State 

Granted or 

Rejected Granting/Rejection Rationale 

To use a coarser material to construct 

the liner than that required by the 

regulations. 

OH Rejected The variance request was for a larger particle size than required 

in the regulations for an isolation zone, not the liner itself. The 

request was rejected because the data used in the request were 

based on a nearby facility and the regulator wanted data from 

the specific facility at which the substitute material would be 

used. 

To use an alternative means for 

densifying the subgrade foundation 

soils below the liner system prior to 

constructing the liner system. 

OH Rejected The request was not a variance from any regulatory 

requirements, but to use an alternative (unconventional) method 

to consolidate subgrade foundation soils. Nonetheless, it was 

rejected because its success had not been demonstrated. 

To waive the requirement that a 

surface impoundment receiving 

leachate from a landfill’s drainage 

system have a double liner.a

WV Granted, 

with 

stipulations 

The West Virginia Solid Waste Management Rule allows 

options for liner systems for surface impoundments receiving 

leachate (as distinguished from surface impoundments 

receiving CCWs). The rule requires that an appropriate 

groundwater interceptor drainage system be installed under all 

liner systems. Thus, the CCW landfill has a leachate collection 

system under its 2-ft compacted clay liner, and a leachate 

collection pond (surface impoundment) receives any collected 

leachate. The variance applies to the liner for the landfill’s 

leachate collection pond. 

To waive the requirement that a 

surface impoundment receiving 

leachate from a landfill’s drainage 

system have a double liner.a

WV Granted, 

with 

stipulations 

The West Virginia Solid Waste Management Rule allows 

options for liner systems for surface impoundments receiving 

leachate (as distinguished from surface impoundments 

receiving CCWs). The rule requires that an appropriate 

groundwater interceptor drainage system be installed under all 

liner systems. Thus, the CCW landfill has a leachate collection 

system under its 2-ft compacted clay liner, and a leachate 

collection pond (surface impoundment) receives any collected 

leachate. The variance applies to the liner for the landfill’s 

leachate collection pond. 

To allow a penetration through a sideslope of the liner to accommodate a 

gravity drain to the leachate-collection 

tank. 

WI Granted, 

with 

stipulations 

The Wisconsin Department of Natural Resources reserves the 

right to require the submittal of additional information and to 

modify this approval at any time, if in the Department’s 

opinion, modifications are necessary. 

To use an alternative means for 

densifying the subgrade foundation 

soils below the liner system prior to 

constructing the liner system. 

OH Granted The request was not a variance from any regulatory 

requirements, but to use an alternative (unconventional) method 

to consolidate subgrade foundation soils. Approval was granted 

once the success of the alternative approach was demonstrated 

at the specific site for which it was requested. 

To allow the use of 1 ft of soil and 2 ft 

of compacted Poz-O-Tec (a blended 

mixture of FGD scrubber sludge, fly 

ash, and lime) for a liner, rather than 

3 ft of soil, as specified in the 

regulations. 

IN Granted Permeability data for compacted Poz-O-Tec submitted by the 

company demonstrated that the permeability of the soil/ 

Poz-O-Tec combination liner would be no greater than that 

allowed for the 3-ft compacted soil liner specified in the 

regulations. The variance applies to an expansion area in the 

landfill that has not yet been constructed. 

a These are two separate landfills in two separate locations. 
58 

TABLE 26 Variance Requests by Surveyed Units Pertaining to Closure and Post-Closure 

Requirements 

Variance Request State 

Granted or 

Rejected Granting/Rejection Rationale 

 

To allow the use of 2.5 ft of fine 

sandy loam soils for the final cover 

rather than 2 ft of soil of Unified Soil 

Classification and 6 in. of vegetative 

topsoil, as specified in the 

regulations. 

IN Granted, 

with 

stipulations 

State regulations allow the use of alternative cover material if it 

can be demonstrated that an alternate cover or site design will 

provide an adequate level of environmental protection. The 

material being placed into the landfill (Poz-O-Tec) is an 

engineered material containing a mixture of FGD sludges and fly 

ashes that are stabilized with lime. Poz-O-Tec is a relatively 

impermeable material that is not significantly infiltrated by 

rainwater. Thus, it is important to provide lateral drainage at the 

interface between the final cover on the landfill and the Poz-OTec; the composition of the final cover specified in the variance 

accomplishes this better than the composition specified in the 

regulations. Also, Poz-O-Tec leaches significantly fewer toxic 

constituents than materials in a municipal landfill, which is the 

landfill type for which the regulations were intended. If 

vegetation is not established to the satisfaction of the State, soils 

specified in the regulation will be required. 

 

To allow the use of ash, ash/soil 

mixture, and 40-mil low-density 

polyethylene as final cover, rather 

than compacted soil as the 

regulations specify. 

IN Granted, 

with 

stipulations 

State regulations allow the use of alternative cover material if it 

can be demonstrated that an alternate cover or site design will 

provide an adequate level of environmental protection. The 

alternative requested provides a more protective final cover than 

would be provided by 2 ft of soil as otherwise required by the 

regulations. The variance will be revoked if the permittee chooses 

not to use the mixtures described or if the mixture cannot be 

proven to have a permeability of 1 × 10-5 cm/s. 

 

To waive the leachate collection and 

treatment otherwise required during 

the post-closure care period. 

GA Granted Leachate collection and treatment are not deemed necessary 

during post-closure care because of the nontoxic, nonhazardous 

nature of the ash to be disposed of in the monofill. (The materials 

disposed of are 75% fly ash and 25% bottom ash.) 

3.3.2.5 Groundwater-Protection Standards 

 Eight requests, covering five units, were made for variances to the groundwaterprotection standards. Three units requested two variances each, and two requested one variance 

each. All of these requests were for landfills. Two requests were granted, three were rejected, 

and three were granted with stipulations. The requests were made in the following four States: 

Virginia (three, two for the same unit), Florida (two, both for the same unit), Wisconsin (two, 

both for the same unit), and Minnesota (one). The granted variances did not authorize 

exceedences of any generally applicable groundwater protection standards. In one case, the State 

(Minnesota) used variance provisions in the regulations as the mechanism for incorporating 

updated health-based standards into the permit in place of the standards specified in the 

regulations. In the other case, groundwater-protection standards at solid waste management units 

are established for constituents that lack background data or EPA-established MCLs based on 

case-specific proposals submitted by unit operators. Because the operator had not yet submitted 

proposed groundwater-protection standards, it did not yet consider itself to have been granted the 
59 

TABLE 27 Variance Requests by Surveyed Units Pertaining to Daily and Intermediate Cover 

Requirements 

Variance Request State 

Granted or 

Rejected Granting/Rejection Rationale 

 

To allow the cementitious surface that 

forms when the FGD waste is placed 

in the Phase B area of the landfill to 

be a substitute for the required 

intermediate cover consisting of a 

12-in.-thick layer of soil.a

OH Granted, 

with 

stipulations 

The variance will not create a nuisance or a health hazard and is 

unlikely to result in the violation of any regulations. If the lack 

of an intermediate soil cover proves ineffective in minimizing 

infiltration, or is otherwise unsatisfactory to the Ohio 

Environmental Protection Agency, or likely to result in a 

nuisance or health hazard or violation of any regulations, then 

the variance may be revoked. Upon revocation, placement of an 

intermediate cover must immediately begin in accordance with 

the requirements of the otherwise applicable Ohio 

Administrative Code rule. 

 

To allow the cementitious surface that 

forms when the FGD waste is placed 

in the Phase A area of the landfill to 

be a substitute for the required 

intermediate cover consisting of a 

12-in.-thick layer of soil.a

OH Granted, 

with 

stipulations 

The variance will not create a nuisance or a health hazard and is 

unlikely to result in the violation of any regulations. If the lack 

of intermediate soil cover proves ineffective in minimizing 

infiltration, or is otherwise unsatisfactory to the Ohio 

Environmental Protection Agency, or likely to result in a 

nuisance or health hazard or violation of any regulations, then 

the variance may be revoked. Upon revocation, placement of an 

intermediate cover must immediately begin in accordance with 

the requirements of the otherwise applicable Ohio 

Administrative Code rule. 

 

To waive the requirement for a cover 

with greater than 6 in. of compacted 

cover material at the end of each 

operating day.b

WV Granted Requirements for daily cover are not necessary for this unit 

because coal ash should not cause vector problems, windblown 

litter, or other problems associated with municipal waste. Also, 

this facility is to be constructed as a structural landfill and thus 

would not utilize cells or daily cover. 

 

To waive the requirement for cover 

with greater than 6 in. of compacted 

cover material at the end of each 

operating day.b

WV Granted Requirements for daily cover are not necessary for this unit 

because of the fact that coal ash should not cause vector 

problems, windblown litter, or other problems associated with 

municipal waste. Also, this facility is to be constructed as a 

structural landfill and thus would not utilize cells or daily 

cover. 

 

To waive the regulatory requirement 

that 12 in. of compacted intermediate 

cover material be placed on landfill 

areas exposed to weather for periods 

in excess of 30 days.c

WV Granted Requirements for intermediate cover are not necessary because 

coal ash is not expected to cause vector problems, windblown 

litter, or other problems associated with municipal waste. Also, 

the facility is to be constructed as a structural landfill and thus 

would not utilize cells or daily cover. 

 

To waive the regulatory requirement 

that 12 in. of compacted intermediate 

cover material be placed on landfill 

areas exposed to weather for periods 

in excess of 30 days.c

WV Granted Requirements for an intermediate cover are not necessary 

because coal ash is not expected to cause vector problems, 

windblown litter, or other problems associated with municipal 

waste. Also, the facility is to be constructed as a structural 

landfill and thus would not utilize cells or daily cover. 

 

To waive the daily cover otherwise 

required by the regulations. 

GA Granted CCWs will be loaded, transported, unloaded, and placed in a 

condition at, or near, optimum moisture content. When 

compacted at, or near, optimum moisture, the CCW will form a 

surface crust that will prevent blowing dust, thereby 

eliminating the need for operational cover. Since no blowing 

trash or disease vectors will be present, a daily cover is not 

required. 
60 

TABLE 27 (Cont.) 

Variance Request State 

Granted or 

Rejected Granting/Rejection Rationale 

 

To waive the monthly cover and 

semiannual permeability testing 

otherwise required by the 

regulations.d

IN Granted, 

with 

stipulations 

The Phase III design includes a composite liner constructed by 

using 12 in. of clay having a permeability of 1 × 10-7, a 60-mil 

high-density polyethylene geomembrane, and a leachatecollection system. Accordingly, the State agreed to eliminate 

the semiannual permeability testing requirement for the lined 

cell and to lengthen the time period between required 

application of an intermediate cover (from monthly to 90 days 

in unused areas), provided that adequate dust control measures 

remain in place. The variance can be revoked if dust emissions 

are not satisfactorily controlled. 

 

To allow the use of Soil-Sement®, a 

polymer-based material, as an 

intermediate cover rather than 1 ft of 

clay type soil, as the regulations 

specify.d

IN Granted, 

with 

stipulations 

The regulator has the authority to approve an alternative cover 

if it can be demonstrated that the alternative will provide an 

adequate level of environmental protection. The operator plans 

to use the Soil-Sement polymer as an intermediate cover to 

control dust in unused or seldom-used fill areas and to control 

rainfall infiltration to minimize leachate formation. Properly 

applied Soil-Sement is more effective at repelling storm water 

than the soil cover specified in the regulations. Agency 

personnel observed an area of the landfill treated with this 

product, were familiar with use of Soil-Sement at other coal 

combustion facilities in the State, and have been satisfied that 

Soil-Sement is an effective alternative to soil cover for this 

type of facility. In the event that the alternative cover material 

does not perform as intended, or does not appear to be 

equivalent to 1 ft of intermediate cover soil, 1 ft of an 

intermediate cover of clay type soil may be required by 

329 IAC 10-28-12(a)(3). 

 

To waive the intermediate cover 

otherwise required by the regulations. 

IN Granted, 

with 

stipulations 

The regulations were developed for municipal landfills, for 

which vectors and fugitive dust are problems. Because the 

CCWs (fly ash and FGD sludge) are composed of inorganic 

constituents, vector control is not needed. Also, dusting from 

coal combustion products can be controlled by using 

compaction techniques and water. The facility has developed 

and implemented a fugitive dust control plan. The variance can 

be revoked if there is a documented violation of the 

requirement to maintain sediment control structures and 

drainage ditches or if it is documented that fugitive dust is 

creating a nuisance. 

 

To allow the use of sandy loam soil 

for intermediate cover rather than soil 

of Unified Soil Classification, as 

specified in the regulations. 

IN Granted, 

with 

stipulations 

State regulations allow for the use of covers other than the 

designated soil types if it can be demonstrated that an alternate 

cover or site design will provide an adequate level of 

environmental protection. The material being placed into the 

landfill is Poz-O-Tec, an engineered material containing a 

mixture of FGD sludges and fly ashes that are stabilized with 

lime. Poz-O-Tec is a relatively impermeable material that is not 

infiltrated significantly by rainwater. Thus, it is important to 

provide lateral drainage at the interface between the 

intermediate cover on the landfill and the Poz-O-Tec. The 

composition of the intermediate cover specified in the variance 

 
61 

TABLE 27 (Cont.) 

Variance Request State 

Granted or 

Rejected Granting/Rejection Rationale 

 

 accomplishes this better than the composition specified in the 

regulations. In addition, Poz-O-Tec in this coal combustion 

by-product monofill leaches significantly less toxic 

constituents than materials in a municipal landfill, which is the 

landfill type to which the regulations were intended to apply. If 

vegetation is not established to the satisfaction of the State, 

soils specified in the regulation will be required. 

 

To allow the use of conditioned fly 

ash as an alternative daily cover 

rather than at least 6 in. of clean soil, 

as the regulations specify. 

IL Granted The daily cover regulations allow alternative materials or 

procedures as long as they meet the same standards of 

performance as 6 in. of soil. Data included in the permit 

application included an analysis of the conditioned fly ash and 

a description of its properties to demonstrate that, when 

hardened, it is an even better sealant than the standard 6 in. of 

soil. The permit specifies that the conditioned fly ash must be 

used in compliance with the way its use was described in the 

permit application. 

 

To allow the use of conditioned fly 

ash as an alternative daily cover 

rather than at least 6 in. of clean soil, 

as the regulations specify.e

IL Granted State regulations allow flexibility in cover design, as long as 

the alternative can meet the same performance standard as the 

design specified in the regulations. Data included in the permit 

application included an analysis of the conditioned fly ash and 

a description of its properties to demonstrate that, when 

hardened, it is a better filter than the standard 6 in. of soil. 

 

To allow the use of conditioned fly 

ash as an intermediate cover rather 

than 1 ft of compacted clean soil 

material, as required by the 

regulations.e

IL Granted State regulations allow flexibility in cover design, as long as 

the alternative can meet the same performance standard as the 

design specified in the regulations. Data included in the permit 

application included an analysis of the conditioned fly ash and 

a description of its properties to demonstrate that, when 

hardened, it is a better filter than the standard 12 in. of soil. 

 

To waive the intermediate cover 

otherwise required by the regulations. 

IN Granted, 

with 

stipulations 

Almost 90% of the materials disposed of at the landfill are wet 

FGD sludge. The company’s landfill operating plan, which was 

the basis for the variance request and which was approved by 

the regulatory agency, requires compacting and curing of 

stabilized sludge to minimize wind and water erosion and 

fugitive dust generation, and it also requires plant water trucks 

to moisten surfaces where vehicular dust may be generated. 

Variance can be revoked if there is a documented violation of 

the requirement to maintain sediment control structures and 

drainage ditches or documented evidence that fugitive dust is 

creating a nuisance. 

a These variances are for the same unit. 

b These are two separate units in two separate locations. 

c These are two separate units in two separate locations. 

d These variances are for the same unit. 

e These variances are for the same unit. 
62 

variance. However, the State (Virginia) appears to have included the variance language in the 

permit for the purpose of administrative efficiency. Two other stages of the same landfill have 

already been approved for this variance, and the operator plans to apply for the variance as soon 

as adequate supporting data are collected, which is likely to occur before the existing permit 

requires renewal. Although no revocation provisions were specified, in a parallel variance for 

earlier-stage landfills at the same site, the permit provided that if any of the conditions in the 

variance were violated, the variance would be immediately withdrawn. Table 28 summarizes the 

variance requests pertaining to groundwater-protection standards. 

3.3.2.6 Other Variance Requests 

 Other variance requests pertain to the following types of requirements: cell height, fire 

protection, landfill gas/methane, leachate collection, location, pre-siting, signs, solid waste 

management plans, and standards for sewage works. Information on these requests is provided in 

Table 29 and is summarized below. Appendices K and L provide further details. 

 For each of the following types—cell height, fire protection, pre-siting, signs, solid waste 

management plans, and standards for sewage works—one variance was requested. All six of 

these requests were granted, because the regulations for which the variance was requested were 

not germane to CCW disposal. 

 Five requests pertained to landfill gas/methane monitoring requirements. Three were 

requests to waive the requirement for management (monitoring, collection and treatment) of 

decomposition gases generated within a landfill. All three were granted, because the waste 

disposed of does not produce waste gases. Two requests were to waive the requirements to 

monitor for methane or decomposition gas. Both were granted for the same reason (the waste 

does not produce gases). In one case, the State (Minnesota) stated that if operational records or 

other reports indicate possible decomposition gas production in or around the facility, the 

Commissioner reserves the right to require monitoring. 

 Two requests pertained to leachate collection. One requested a waiver to the leachatecollection and treatment system otherwise required by the regulations. It was granted because the 

ash being disposed of is nontoxic. The other requested a variance to allow leachate to flow more 

than 130 ft across the base of the liner before encountering a perforated leachate-collection pipe. 

This variance was granted, but the State (Wisconsin) regulator reserved the right to require the 

submittal of additional information and to modify the approval at any time, if, in the regulator’s 

opinion, modifications were necessary. 

 Two of the requests pertained to location requirements. One was to waive the prohibition 

on locating a new solid waste landfill above an underground mine. This request was granted 

because the State (West Virginia) Department of Environmental Protection found that the site 

had an acceptable margin of safety. The second request was to allow the unit to be located within 

100 ft of a regularly flowing surface water body or river, which the regulations otherwise 

prohibit. This request was granted, but the permit requires the company to mitigate 2.8 acres of 

affected wetlands by adding emergent wetlands in a 2:1 ratio and imposes additional conditions. 
63 

TABLE 28 Variance Requests by Surveyed Units Pertaining to Groundwater-Protection 

Standards 

Variance Request State 

Granted or 

Rejected Granting/Rejection Rationale 

 

To allow the use of alternative 

concentration limits (ACLs) as 

groundwater-protection standards for 

copper, silver, and zinc rather than 

the maximum contaminant levels 

(MCLs) or background 

concentrations as otherwise required 

by the regulations. 

VA Granted, 

with 

stipulations 

The director may grant a variance to State groundwaterprotection standards to an owner or operator of a solid waste 

disposal facility by establishing an ACL for a solid waste 

constituent if the owner or operator shows to the satisfaction of 

the director that the constituent will not pose a substantial 

present or potential hazard to human health or the environment 

as long as the ACL is not exceeded. The Virginia Department of 

Environmental Quality rationale for granting the variance was 

based on using groundwater as a future potential source of 

drinking water. It used conservative calculations for the most 

receptive sensor, a child. If an MCL is promulgated under 

Section 1412 of the Safe Drinking Water Act for any of the 

constituents covered by the variance, the new MCL will be used 

as the groundwater-protection standard for that respective 

constituent. 

 

To allow development of a landfill in 

an area where the preventive action 

limit (PAL) for lead in groundwater 

has been attained or exceeded rather 

than prohibiting such development, 

as the regulations specify.a

WI Rejected Mean baseline concentrations at three wells approach, but do 

not exceed the PAL for lead. No lead exemption is needed at 

these wells since six of the eight test results are nondetect. A 

company representative explained that the variance was 

requested because there had been lead mining in the area 

surrounding the landfill, which suggested the possibility that 

background lead levels in groundwater might be at or higher 

than the PAL. Notwithstanding, baseline monitoring showed 

that mean baseline concentrations at three wells approach, but 

do not exceed, the PAL for lead, which signaled that no 

variance was needed. Since compliance monitoring began in 

June 2001, no lead has been detected. 

 

To allow development of a landfill in 

an area where the PAL for selenium 

in groundwater has been attained or 

exceeded.a

WI Granted, 

with 

stipulations 

Groundwater concentrations for selenium that exceed 

groundwater standards are due to baseline groundwater quality. 

The proposed unit will not cause the concentration of selenium 

to exceed the enforcement standard for selenium at the point of 

standards application because of the landfill’s liner and 

leachate-collection system design. Granting the exemption will 

not inhibit compliance with Wisconsin solid waste management 

standards. The Wisconsin Department of Natural Resources 

reserves the right to require the submittal of additional 

information and to modify this approval at any time, if in the 

Department’s opinion, modifications are necessary. 

 
64 

TABLE 28 (Cont.) 

Variance Request State 

Granted or 

Rejected Granting/Rejection Rationale 

 

To allow ambient values for iron and 

color in groundwater to exceed the 

secondary drinking water quality 

standards rather than comply with 

the secondary drinking water 

standards, as the regulations specify.b

FL Rejected Consideration of the variance request was postponed until 

2 years after start of plant operations, awaiting a demonstration 

that levels of iron and color in the groundwater already exceed 

the secondary drinking water standards. 

A company representative explained that because the facility 

did not pursue any further consideration of the variance request, 

no action was taken by the regulatory agency on approving or 

denying it. The request had been included in the permit 

application as a placeholder based on predictive modeling that 

iron and color in the groundwater might exceed the secondary 

drinking water standard. The model included historical data and 

site conditions; the area on which the utility facility was built in 

1995 was an area filled with mine pits. The area had not been in 

use for several years prior to 1995 and was leveled to allow for 

utility facility construction. Note: The company requested two 

variances based on predictive modeling. The agency deferred 

consideration of the variance requests for 2 years pending 

collection of actual groundwater monitoring data. The company 

never submitted groundwater-monitoring data or pursued the 

variances further. 

 

To allow the concentration of 

antimony in groundwater to exceed 

the drinking water quality standard, 

rather than comply with the drinking 

water standard, as the regulations 

specify.b

FL Rejected Consideration of the variance request was postponed until 

2 years after start of plant operations, awaiting a demonstration 

that levels of antimony in the cooling pond exceed the drinking 

water standards. A company representative explained that 

because the facility did not pursue any further consideration of 

the variance request, no action was taken by the regulatory 

agency on approving or denying it. The request had been 

included in the permit application as a placeholder based on 

predictive modeling that antimony in the groundwater might 

exceed the secondary drinking water standard. The model 

included historical data and site conditions; the area on which 

the utility facility was built in 1995 was an area filled with mine 

pits. The area had not been in use for several years prior to 1995 

and was leveled to allow for utility facility construction. Note: 

The company requested two variances based on predictive 

modeling. The agency deferred consideration of the variance 

requests for 2 years pending collection of actual groundwatermonitoring data. The company never submitted groundwatermonitoring data or pursued the variances further. 

 

To establish analytical limits set 

forth in the Limits Table in the 

permit as groundwater-protection 

standards rather than the otherwise 

applicable groundwater protection 

standards. 

MN Granted The alternative groundwater-performance standards are based 

on the Minnesota Department of Health, Health Risk Limits. 

The analytical limits set forth in the permit do not constitute a 

variance; the State uses variance provisions in the regulations as 

the basis for incorporating updated health-based standards into 

permits in place of the standards specified in the regulations. 

Apparently this is more efficient than changing the regulations 

every time health-based standards are updated. 

 
65 

TABLE 28 (Cont.) 

Variance Request State 

Granted or 

Rejected Granting/Rejection Rationale 

 

To allow Landfill Stages I and II to 

use ACLs as groundwater-protection 

standards (GPSs) for specified 

constituents that lack background 

data or an EPA MCL.c

VA Granted, 

with 

stipulations 

The owner or operator may request and the director may 

establish alternate concentration levels as groundwaterprotection standards for any constituent for which MCLs have 

not been established or for which site-specific background data 

are unavailable. If any of the conditions in the variance are 

violated in any form or manner, the variance will be 

immediately withdrawn. 

 

To allow Landfill Stage III to use 

ACLs as GPSs for specified 

constituents that lack background 

data, or an EPA MCL.c

VA Grantedd The owner/operator may request and the director may establish 

ACLs as GPSs for any constituent for which site-specific 

background data are unavailable. Although no revocation 

provisions were specified, in a parallel variance for Stages I and 

II landfills, the variance provides that if any of the conditions in 

the variance are violated in any form or manner, the variance 

will be immediately withdrawn. 

a These variance requests are for the same unit. 

b These variance requests are for the same unit. 

c These variance requests are for the same unit. 

d Since the company has not yet submitted proposed groundwater-protection standards and does not yet consider itself to 

have been granted this variance for ACLs and GPSs, the company believes that the State included the variance language in 

the permit for the purpose of administrative efficiency. 
66 

TABLE 29 Variance Requests by Surveyed Units Pertaining to “Other” Regulatory 

Requirements 

 Number of Variances 

Variance 

Type State Granted 

Granted with 

Restrictions Granting Rationale 

 

Cell height WV 1 0 Unit is constructed as a structural landfill and does not utilize 

cells; coal ash does not cause vector problems, windblown 

litter, or other problems associated with municipal waste. 

 

Fire 

protection 

GA 1 0 Fire protection measures are not required for a coal combustion 

by-products monofill. 

 

Landfill 

gas/methane 

MN 

WV 

5 1 Waste being disposed of is not putrescible or biodegradable; 

waste disposed of does not produce waste gases. Therefore, no 

need for gas management. 

 

Leachate 

collection 

GA 

WI 

2 1 WI: Upon review of engineering design, regulator was 

satisfied that it would provide adequate drainage, thus 

protecting human health and the environment. The Wisconsin 

Department of Natural Resources reserves the right to require 

the submittal of additional information and to modify this 

approval at any time, if in the Department’s opinion, 

modifications are necessary. 

GA: Leachate collection and treatment deemed unnecessary 

due to the nontoxic, nonhazardous nature of the ash to be 

disposed of in the monofill. 

 

Location 

requirements 

VA 

WV 

2 1 VA: Because no other siting options were available for 

treatment pond expansion, a variance allowing the unit to be 

located within 100 ft of the water body was requested and 

granted, and mitigation of the impacted wetland area was 

required. 

WV: An engineering company report on the safety of locating 

the unit above an underground mine was reviewed by the West 

Virginia Department of Environmental Protection, and it was 

found that the site had an acceptable margin of safety. 

 

Pre-siting WV 1 0 Requirements (waiver of requirement to serve public notice) 

are for commercial facilities, and the unit is not a commercial 

facility. 

 

Signs GA 1 0 Because only utility personnel are to use this site, no 

directional or informational signs are required. 

 

Solid waste 

management 

plan 

MN 1 0 Waste management plan is not necessary because waste 

disposal operations are restricted to specified waste types. 

 

Standards for 

sewage 

works 

IL 1 0 The piping system was not expected to be an integral part of a 

sewage works system; thus, sewage works standards were not 

appropriate. 
67 

4 CONCLUSIONS 

On the basis of information presented in the 1999 RTC, the EPA determined in its 

May 2000 RD that national Subtitle D regulations for CCW disposal in landfills and surface 

impoundments were warranted. The data collection and analysis documented in this report 

provide new information on the management of CCWs from 1994 to 2004. This information 

indicates that improved disposal unit management practices and State application of 

environmental regulations appear to be occurring. 

A comprehensive review of information on the 56 identified landfills and surface 

impoundments permitted, built, or expanded between 1994 and 2004 indicates that disposal 

management practices and the enforcement of State requirements has resulted in liners for 

virtually all newly built or expanded units (97% of landfills and 100% of surface impoundments) 

and groundwater monitoring for the majority of units (97% of landfills and nearly 80% of 

surface impoundments). 

A review of the regulations for 11 States indicates that between the time when data were 

collected for the 1988 RTC and the time of this study, a majority of the States reviewed for this 

report tightened regulation of landfill liners, leachate-collection systems, and groundwater 

monitoring. In addition, comparisons of the total net disposable CCWs generated during 2004 in 

reviewed States that tightened controls with the same quantity in reviewed States that relaxed 

controls suggest that more net disposable CCWs in the States reviewed underwent a tightening 

rather than a relaxation of regulatory controls in eight regulatory areas, between the times data 

were collected for the 1988 RTC and for this report. However, the absence of details about most 

States’ regulatory controls in the 1999 RTC and its supporting technical documents made it not 

possible to ascertain whether particular regulatory changes occurred before or after data were 

collected for the 1999 RTC in most of the States reviewed. 

A detailed analysis of variance requests in 65 permits in 16 States indicates that State 

regulators have not issued variances unless a sound scientific basis supports the request. 

Variances are generally granted only when the underlying regulation was developed for settings 

unlike those of CCW units (e.g., a municipal solid waste or commercial landfill where landfill 

gas or vectors are issues), or when the operator has demonstrated that an alternative approach or 

material will achieve the same objective as intended by the regulation. 
68 
69 

5 REFERENCES 

ACAA 2004 American Coal Ash Association, 2004, “Coal Combustion Product (CCP) 

Production and Use Survey.” Available at http://www.acaa-usa.org/PDF/

2004_CCP_Survey(9-9-05).pdf. 

EIA 2004a Energy Information Administration, 2004a, “Annual Steam-Electric Plant 

Operation and Design Data, EIA-767 Data Files.” Available at 

http://www.eia.doe.gov/cneaf/electricity/page/eia767.html. 

EIA 2004b Energy Information Administration, 2004b, “Existing Generating Units in 

the United States by State, Company and Plant.” Available at http://www.

eia.doe.gov/cneaf/electricity/page/capacity/newunits2004.xls. 

EIA 2006a Energy Information Administration, 2006a, e-mail message from N. Ko 

(Survey Manager, EIA 767, Electric Power Division, Energy Information 

Administration) regarding data clarification for Kentucky and Connecticut 

to D. Littleton (U.S. Department of Energy), April 15. 

EIA 2006b Energy Information Administration, 2006b, e-mail message from N. Ko 

(Survey Manager, EIA 767, Electric Power Division, Energy Information 

Administration) regarding data clarification for Delaware to M.A. Hunt 

(U.S. Environmental Protection Agency, Region III), July 20. 

EPA 1988 U.S. Environmental Protection Agency, 1988, Report to Congress: Wastes 

from the Combustion of Coal by Electric Utility Power Plants, EPA/530-

SW-88-002 (based on data reported in Utility Solid Waste Activity Group, 

Survey of State Laws and Regulations Governing Disposal of Utility CoalCombustion Byproducts, 1983), Washington, DC. 

EPA 1993 U.S. Environmental Protection Agency, 1993, “Final Regulatory 

Determination on Four Large-Volume Wastes from the Combustion of 

Coal by Electric Utility Power Plants, 40 CFR Part 261, 58 Federal 

Register 42466, Aug. 9.

EPA 1999a U.S. Environmental Protection Agency, 1999a, Report to Congress: 

Wastes from the Combustion of Fossil Fuels, EPA 530-R-99-010, 

Washington, DC, March. 

EPA 1999b U.S. Environmental Protection Agency, 1999b, Technical Background 

Document for the Report to Congress on Remaining Wastes from Fossil 

Fuel Combustion: Existing State Regulatory Controls, Washington, DC, 

March 15. 
70 

EPA 2000 U.S. Environmental Protection Agency, 2000, “Regulatory Determination 

on Wastes from the Combustion of Fossil Fuels: Final Rule, 40 CFR 

Part 261, 65 Federal Register 32214, May 22. 

Rio Blanco Rio Blanco County Development Department, 2002, Rio Blanco County 

County 2002 Land Use Resolution, “County Zoning, Subdivision Rules, Approval 

Processes, and Standards,” Revision B, Section 224, Meeker, Colorado, 

Dec. 9. 

USWAG 2005 Utility Solid Waste Activities Group, 2005, Letter from J. Roewer 

(USWAG) regarding regulation of coal ash in Ohio and Texas to 

D. Littleton (DOE) and D. Elcock (Argonne National Laboratory), 

Oct. 18. 

 
A-1 

APPENDIX A: 

STATE-SPECIFIC REGULATORY REVIEWS 
A-2 
A-3 

APPENDIX A: 

STATE-SPECIFIC REGULATORY REVIEWS 

A.1 APPROACH 

In the regulatory determination (RD) issued on May 22, 2000 (EPA 2000), the 

U.S. Environmental Protection Agency (EPA) stated that coal combustion wastes (CCWs) do not 

warrant regulation as hazardous wastes under the Resource Conservation and Recovery Act 

(RCRA); the EPA expressed a concern, however, that gaps may exist in some State regulatory 

programs that could lead to future environmental damages. This section describes the approach 

used to investigate this concern. 

It was evident from the outset that a nationwide study of the CCW regulations and their 

chronological changes in all States that address CCWs would not be feasible under the time and 

resource constraints of this study. Therefore, an alternative approach was assessed, namely 

reviewing the current regulatory programs applicable to CCWs in States that contain units of one 

or more of the following types and comparing the results with corresponding information from 

earlier reports: (1) new CCW disposal units (i.e., those permitted, constructed, or laterally 

expanded between 1994 and 2004) and (2) units that are the basis of proven, potential, or alleged 

damage cases.1 Of the 26 States identified as meeting the selection criteria, a pilot study 

involving five States (Pennsylvania, Illinois, Indiana, Virginia, and Wisconsin) was conducted to 

determine whether it would be feasible, within the established budget and schedule constraints, 

to collect enough data for all 26 States to allow comparisons of current regulatory requirements 

with comparable information from earlier reports and to identify changes. Information collected 

during the pilot study covers the following categories of regulatory control: 

• Regulatory designation of CCWs for disposal, 

• Permitting requirements, 

• Liner requirements, 

• Groundwater-monitoring requirements, 

• Leachate-collection system requirements, 

 

1 In comments to the EPA, public interest groups have identified cases in which they allege that damage to 

human health or the environment was caused by fossil fuel combustion waste management units. As of 

May 2006, 86 of the alleged damage cases have been investigated by the EPA to verify the existence and cause 

of the damage. As defined in the 1999 Report to Congress (RTC) (EPA 1999a), proven damage cases are those 

with exceedences of primary maximum contaminant levels (MCLs) or other health-based standards in 

groundwater or surface water off-site or at a distance from the waste management unit sufficient to conclude 

that they could cause human health concerns, while potential damage cases are those with (1) documented 

exceedences of primary MCLs or other health-based standards on-site or beneath or close to the waste source, 

and/or (2) documented exceedences of secondary MCLs or other non-health–based standards on-site or off-site. 
A-4 

• Corrective action requirements, 

• Closure/post-closure requirements, 

• Siting controls, and 

• Financial assurance requirements. 

The pilot study was resource intensive, and we discovered that comparisons between the 

current regulatory requirements and comparable information reported in the earlier reports could 

rarely be made at the same level of detail. For example, the 1999 Report to Congress (RTC) and 

its supporting technical background documents provide primarily aggregated information 

regarding State regulatory controls. Hence, in the case of liner requirements, the report indicates 

that a total of 43 States adopted liner requirements for landfills before data were collected for the 

RTC (EPA 1999a). It does not, however, explain what types of liner materials or design 

requirements were specified by any particular State. Similarly, the report does not explain 

whether, at the time data were collected, particular States had differing requirements for landfills 

receiving wastes with differing toxicity levels. Furthermore, the names of States for which 

information was aggregated are not provided in the 1999 RTC. Similar difficulties were 

identified for all areas of regulatory control, which hindered most State-specific comparisons 

between current regulations and the regulations in effect at the time data were collected for the 

1999 RTC. 

In light of this, the EPA revisited information already available from other sources about 

current State CCW regulatory programs and concluded that our priority should be to update how 

States were actually implementing programs, rather than to simply gather further information on 

State regulations. Accordingly, we did not conduct comprehensive reviews of State regulations 

for all of the 26 States mentioned above. Instead, the EPA identified particular aspects of the 

regulatory programs in specified States that were of interest, and we focused our investigation of 

State regulations on those States in addition to the five pilot States. In all, six additional States 

were reviewed beyond those in the pilot study: Alabama, Florida, Georgia, Missouri, Ohio, and 

Texas. For these additional States, we concentrated on the following five of the nine areas of 

regulatory control that were reviewed for the pilot States, because these areas have greater 

potential to affect whether releases to groundwater are controlled: 

• Regulatory designation of CCWs for disposal, 

• Permitting requirements, 

• Liner requirements, 

• Groundwater-monitoring requirements, and 

• Leachate-collection system requirements. 
A-5 

For each State reviewed, an effort was made to identify regulations applicable to the disposal of 

CCWs in landfills and surface impoundments, regardless of the regulatory program (e.g., solid 

waste, special waste, residual waste, wastewater) into which the State may place such 

regulations. Regulations covering beneficial use of CCWs and placement of CCWs in mines 

were not reviewed. 

Overall, information was collected about regulatory controls applicable to CCW disposal 

for the 11 States, as shown in Table A.1. 

 Sections A.2 through A.6 summarize the current status of requirements in the 5 areas of 

regulatory control reviewed for all 11 States, which are indicated on Table A.1. Sections A.7 

through A.10 cover the current status of requirements in the remaining 4 areas of regulatory 

control—closure and post-closure requirements, corrective action, siting controls, and financial 

assurance—for only the 5 pilot States. For each category of regulatory control, a chronological 

comparison of requirements applicable to landfills is also provided, which is based on the data 

gathered for this report and data from the two following reports: 

• U.S. Environmental Protection Agency, Report to Congress: Wastes from the 

Combustion of Coal by Electric Utility Power Plants (EPA 1988); and 

• U.S. Environmental Protection Agency, Technical Background Document for 

the Report to Congress on Remaining Wastes from Fossil Fuel Combustion: 

Existing State Regulatory Controls (EPA 1999b). 

The chronological comparisons are limited to landfills because the historical reports did not 

provide sufficient data to support similar comparisons for surface impoundments. 

Section A.11 summarizes additional information collected during the pilot study that is 

not reported elsewhere, and Section A.12 lists findings. 

A.2 REGULATORY DESIGNATION OF COAL COMBUSTION WASTES 

 FOR DISPOSAL IN SELECTED STATES 

A.2.1 Summary 

Table A.2 summarizes the regulatory designations given to CCWs in Alabama, Florida, 

Georgia, Illinois, Indiana, Missouri, Ohio, Pennsylvania, Texas, Virginia, and Wisconsin. As the 

table indicates, all States have regulations that expressly exclude CCWs from the definition of 

hazardous waste, either by reference to the Federal exclusion in Title 40, Section 261.4(b)(4) of 

the Code of Federal Regulations (40 CFR 261.4(b)(4)) or by exclusionary text in the State’s 

regulations themselves. However, in Missouri, fly ash that fails the Toxicity Characteristic 

Leaching Procedure (TCLP) must be disposed of in a hazardous waste disposal facility. In 
TABLE A.1 Areas of Regulatory Control Investigated by State Revieweda

Stateb

Regulatory 

Designation 

of CCWs for 

Disposal Permitting Liners 

Groundwater 

Monitoring 

LeachateCollection 

System 

Closure and 

Post-closure 

Corrective 

Action 

Sit

Con

Alabama X X X X X 

Florida X X X X X Georgia X X X X X Illinois X X X X X X X X 

Indiana X X X X X X X X Missouri X X X X X Ohio X X X X X Pennsylvania X X X X X X X X Texas X X X X X Virginia X X X X X X X X Wisconsin X X X X X X X X 

a “X” indicates that the area of control described by the column heading was reviewed for the named State, while a blank ce

area of control described in the column heading was not investigated for the named State. All 11 States were reviewed fo

greater potential to affect whether releases to groundwater are controlled. 

b The pilot review covered Illinois, Indiana, Pennsylvania, Virginia, and Wisconsin, which are indicated in boldface type

Georgia, Missouri, Ohio, and Texas were selected for supplemental reviews in the areas of regulatory control having greate

whether releases to groundwater are controlled. 
TABLE A.2 Summary of Regulatory Designations for CCWs in Selected States 

Statea Expressly Excluded from Definition of Hazardous Waste? Regulatory Designation if D

Alabama Yes.b Expressly excluded from the definition o

Florida Federal exclusion in 40 CFR 261.4(b)(4) is adopted by reference. Nonhazardous solid waste. 

Georgia Federal exclusion in 40 CFR 261.4(b)(4) is adopted by reference. Nonhazardous industrial waste. 

Illinois Yes. Special (non-RCRA) wastec OR 

Declassified wasted (toxicity determinat

Indiana Federal exclusion in 40 CFR 261.4(b)(4) is adopted by reference. Restricted waste, if disposed of in a mon

OR Nonhazardous industrial solid waste, if cdissimilar wastes. 

Missouri Federal exclusion in 40 CFR 261.4(b)(4) is adopted by reference, except 

that fly ash that is not otherwise exempt from regulation as solid waste and fails the TCLP is not subject to the exclusion in 40 CFR 261.4(b)(4) and must be disposed of in a permitted hazardous waste facility. 

Utility waste.f

Ohio Yes. Residual wasteg OR 

Expressly excluded from the definition o“nontoxic”h (fly ash, bottom ash, and bo

Pennsylvania Federal exclusion in 40 CFR 261.4(b)(4) is adopted by reference. Residual waste.i

Texas Federal exclusion in 40 CFR 261.4(b)(4) is adopted by reference. Nonhazardous industrial solid waste. 

Virginia Federal exclusion in 40 CFR 261.4(b)(4) is adopted by reference. Nonhazardous industrial solid waste. 

Wisconsin Yes. Nonhazardous industrial solid waste 

AND High-volume industrial waste (fly ash an

Footnotes on next page. 
TABLE A.2 (Cont.) a The pilot study covered Illinois, Indiana, Pennsylvania, Virginia, and Wisconsin in this category of regulatory control. Alabama a

supplemental review States. 

b “Yes” means that the State has adopted regulations that expressly exclude fly ash, bottom ash, slag, and flue gas emission control 

primarily from the combustion of coal or other fossil fuels from the definition of hazardous waste. 

c “Special (non-RCRA) wastes” are defined in Illinois to include any industrial process wastes or pollution control wastes that are 

defined in 40 CFR Part 261 (promulgated to implement the Resource Conservation and Recovery Act [RCRA]) and have not bee

d Wastes are “declassified” in Illinois when the generator certifies that the source, physical and chemical characteristics, and degre

meet defined declassification criteria. 

e “Restricted wastes” in Indiana are industrial solid wastes that have been divided into four types (I–IV) on the basis of the concen

barium, cadmium, chromium, lead, mercury, selenium, and silver that leach when the TCLP is applied, as specified in 329 Indian

(IAC) 10-9-4. 

f “Utility waste” in Missouri means fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated prim

combustion of coal or other fossil fuels. 

g “Residual waste” in Ohio is a type of solid waste that the Ohio regulations define as including the following wastes generated by

burning coal: air pollution control wastes, water pollution control wastes, and other wastes with similar characteristics that are ap

or his authorized representative. There are four classes of residual waste (I–IV). The concentrations of specified constituents are e

of a leach test and the methodology detailed in Ohio Administrative Code (OAC) 3745-30-03. 

h Wastes are considered “nontoxic” in Ohio if leachate obtained by using the TCLP or modified TCLP contains (1) concentrations 

cadmium, chromium, lead, and/or mercury that are less than 30 times the limits established by the EPA for these metals in drinkiconcentration of selenium of 1 mg/L or less, which the Ohio Environmental Protection Agency has established as the “nontoxic” 

i “Residual waste” in Pennsylvania includes any industrial waste not classified by law as hazardous. It includes waste materials—s

produced by industrial, mining, and agricultural operations. Certain coal-mining wastes are excluded. There are three classes of runits (I–III) designated on the basis of the potential for wastes received at a disposal unit to adversely affect groundwater. Class I 

waste that are most likely to affect groundwater, and Class III units receive wastes that are least likely to do so. 
A-9 

addition, the regulations in Alabama expressly exclude CCWs from the definition of industrial 

solid waste, and the regulations in Ohio expressly exclude “nontoxic”2 fly ash, bottom ash, and 

boiler slag from the definition of solid waste. The consequences of the Alabama and Ohio 

exclusions with respect to the applicability of regulatory controls in those States are further 

described in Section A.2.3. 

 Several of the States reviewed, including Illinois, Indiana, Ohio, Pennsylvania, Texas, 

and Wisconsin, take a graded approach to regulating nonhazardous solid wastes, which is 

illustrated in Figure A.1. These States subdivide nonhazardous solid wastes into groups. Each 

group of wastes is assigned a name as a method of designating the applicable subset of the 

State’s solid waste regulations. Typical first-tier groups are municipal solid waste, nonhazardous 

industrial waste, and construction and demolition wastes. Nonhazardous industrial wastes are 

then further subdivided based on the degree of hazard associated with handling and disposing of 

them. Section A.2.3 provides more detailed information about the graded approach adopted by 

each State. 

FIGURE A.1 Graded Approach to Regulating Nonhazardous Solid Waste Landfills 

in Selected States 

 

2 As defined by the Ohio Environmental Protection Agency (see Table A.2, footnote h). 
A-10 

A.2.2 Chronological Comparison of Regulatory Designations of CCWs for Disposal 

Table A.3 compares the current designations for CCWs destined for disposal in the 

five pilot States and six supplemental States (“2005 Data” column) with the historical 

designations for CCWs in these States as reported in two EPA documents (EPA 1988 and 

EPA 1999b). Between the times data were collected for the 1988 RTC (EPA 1988) and this 

report, the regulations in several States appear to have been changed to incorporate a graded 

approach for designating nonhazardous industrial solid wastes destined for disposal. Each graded 

designation system allows nonhazardous industrial waste management facilities to be regulated 

more or less stringently, depending on the toxicity of the wastes they receive. 

A.2.3 State-Specific Discussions of Designation for Disposal 

 Alabama—The definitions of the terms “industrial solid waste” and “ash” provided in the 

Alabama solid waste regulations expressly exclude fly ash waste, bottom ash waste, boiler slag 

waste, and flue gas emission control waste that result from the combustion of coal or other fossil 

fuels at electric- or steam-generating plants (Alabama Department of Environmental 

Management [ADEM] Administrative [Adm.] Code R.335-13-1-.03(12) and (63)). ADEM 

personnel confirmed that, because of this exclusion, CCW management units (landfills and 

surface impoundments) are unregulated under the Alabama solid waste program (ADEM 2005a). 

Confirmation was important because the ADEM Adm. Code also defines “special waste” as 

follows: “those wastes requiring specific processing, handling, or disposal techniques as 

determined necessary by the [ADEM] which are different from the techniques normally utilized 

for handling or disposal. Examples of such waste types may include, but are not limited to: 

mining waste; fly ash; bottom ash....” (ADEM Adm. Code R.335-13-1-.05(134)). This definition 

creates some ambiguity about whether, despite the express exclusions from the definitions of ash 

and industrial solid waste, fly ash and bottom ash from coal combustion might be considered 

special waste. 

Florida—Florida regulations adopt the Federal RCRA regulations exempting CCWs 

from regulation as hazardous waste (Florida Adm. Code [FAC] 62-730.030); if CCWs are 

disposed of, they are currently regulated as nonhazardous solid waste. However, in July 2003, 

the Florida Department of Environmental Protection (DEP) announced that a new industrial 

waste disposal and reuse (IWDR) Rule is being developed; it will have sections addressing 

waste-to-energy ash, electric generation facility wastes, pulp and paper wastes, and wastes from 

other industrial operations. At the time of the announcement, the Florida DEP expected to 

develop requirements for the design, operation, and closure of storage and disposal facilities for 

each type of waste addressed in the rule. The rule was also expected to address requirements or 

protocols for beneficial use of these waste types. The rule development process is still ongoing 

and, when complete, may substantially change how the Florida solid waste regulations address 

the management of CCWs. 

Georgia—The Georgia Hazardous Waste Management Act and its implementing 

regulations adopt by reference the Federal definition of hazardous waste, including 
TABLE A.3 Chronological Comparison of Designation of CCWs for Disposal in Landfills in Selected States 

Designation of CCWs for Disposal 

State EPA 1988 EPA 1999b 2005 Data 

Alabama Solid waste NCa Excluded from the definition of solid waste Florida Solid waste NC Nonhazardous solid waste Georgia Solid waste NC Nonhazardous industrial waste Illinois Solid waste NC Special (non-RCRA) waste, unless declassified (toxicity det

Indiana Solid waste Restricted waste (TCLP required 

unless disposed of in Type I landfill)b

Solid waste that may be disposed of in either a restricted wanonmunicipal solid waste landfill (TCLP required to determdisposed of in a Type I restricted waste landfill) 

Missouri Solid waste NC Utility waste, but if fly ash fails the TCLP, it must be dispos

waste disposal facility 

Ohio Exempt NC Residual waste OR 

Excluded from the definition of solid waste if waste is “nonbottom ash, and boiler slag only) (TCLP or modified TCLP required) 

Pennsylvania Solid waste Residual waste (TCLP required) Residual waste (TCLP required) Texas Solid waste NCc Nonhazardous industrial waste (Class 1, 2, or 3) Virginia Solid waste Solid waste Nonhazardous industrial solid waste 

Wisconsin Solid waste Solid waste Nonhazardous industrial waste AND 

High-volume industrial waste (fly ash and bottom ash only) 

a NC = Not covered in the source report. b In 1996, Indiana adopted its graded approach for classification of solid wastes. c In 1994, the Texas tiered classification system for solid waste took effect. 
A-12 

40 CFR 261.4, which exempts CCWs from the definition of hazardous waste (Georgia 

Department of Natural Resources [GDNR] Rule 391-3-11-.07). CCWs are regulated as 

nonhazardous industrial wastes when disposed of (GDNR Rule 391-3-4-.01(27)). 

Illinois—Each waste generator in Illinois must determine whether waste destined for 

disposal is hazardous waste or “special (non-RCRA) waste.” Status as special (non-RCRA) 

waste is determined on the basis of the source, degree of hazard, and other characteristics of 

nonhazardous waste (35 Illinois [Ill.] Adm. Code 808.100 and 808.245). CCWs destined for 

disposal in Illinois are exempt from the definition of hazardous waste. Accordingly, they are 

considered special (non-RCRA) waste unless the generator certifies their eligibility for 

declassification. If CCWs are declassified, they may be disposed of, without restriction, in any 

solid waste disposal unit. In comparison, CCWs that are special (non-RCRA) wastes must be 

disposed of in facilities that either meet the requirements for an exemption from solid waste 

permitting or have permits that expressly allow CCW disposal. To qualify for an exemption from 

permitting, a solid waste treatment, storage, or disposal unit must receive only wastes generated 

by the owner’s own activities. Additional information about requirements applicable to units that 

are exempt from permitting in Illinois is provided in Section A.3.3. 

The eligibility of a waste for declassification in Illinois is determined either by computing 

a toxic score for the waste using the methodology specified in the regulations or by employing a 

bioassay procedure that must be approved by the Illinois EPA (35 Ill. Adm. Code 808.245). 

Declassification using the computational method involves first determining (from a specified 

database) the waste’s toxic amount on the basis of the concentration and toxicity of the waste’s 

components. If a waste has a toxic amount that is less than 100, its toxic score is zero. If the toxic 

amount is greater than or equal to 100 and less than 1,000, the waste’s toxic score is 1. For a 

toxic amount greater than 1,000 and less than 10,000, the waste’s toxic score is 2, and for an 

amount greater than or equal to 10,000, the toxic score is 3. To qualify for declassification, the 

toxic score for a waste must be zero. (35 Ill. Adm. Code 808, Appendix B) 

Indiana—Indiana designates CCWs as solid waste that may be disposed of in restricted 

waste sites (329 Indiana Administrative Code [IAC] 10-9-4(d)) or in nonmunicipal solid waste 

landfills. A “restricted waste site” is a land disposal facility for solid waste that is designed and 

operated to accommodate one of four specific types of solid waste designated as Types I through 

IV. Type I restricted waste sites have the most stringent design requirements, and Type IV have 

the least stringent. Restricted waste sites cannot receive more than one solid waste type (i.e., they 

are monofills). The criteria for the types of restricted waste are specified in 329 IAC 10-9-4. 

Testing is not required for CCWs that will be disposed of in a restricted waste site designed for 

Type I waste, which is waste that leaches one or more of eight toxic metals in amounts 

comparable to those that define the RCRA hazardous waste toxicity characteristic defined in 

40 CFR Part 261. For management in a restricted waste site designed for Type II, III, or IV 

waste, CCWs must be tested for metals by using the TCLP to verify that metal concentrations 

fall within the appropriate ranges for the specified waste type. In addition, retesting must be 

completed (1) at 5-year intervals, (2) whenever the characteristics of the coal change, 

(3) whenever the process generating the waste changes, or (4) according to a schedule specified 

by the regulatory agency on the basis of the variability noted in previous sampling and other 

factors affecting the predictability of waste characteristics. 
A-13 

A disposal facility in Indiana that co-disposes of nonhazardous CCWs with dissimilar 

solid wastes must meet the requirements for a nonmunicipal solid waste landfill. 

Missouri—Since July 30, 1997, CCWs have been designated in the Missouri Department 

of Natural Resources (MoDNR) solid waste regulations as “utility waste” (10 Code of State 

Regulations [CSR] 80-2.010(111)), and a separate set of solid waste regulations has been applied 

to the design and operation of utility waste landfills (10 CSR 80-11.010). 

Ohio—In Ohio, “nontoxic fly ash and bottom ash, including at least ash that results from 

the combustion of coal and ... slag” are excluded from the definition of solid waste (Ohio 

Revised Code [ORC] 3734.01(E)). Flue gas desulfurization (FGD) residue is not excluded and is 

regulated as industrial solid waste or, more specifically, residual waste. Ohio law does not define 

the term “nontoxic,” and Ohio courts have not interpreted it. As a matter of policy, the Ohio 

Environmental Protection Agency (OEPA) has developed criteria for evaluating whether fly ash, 

bottom ash, and boiler slag are “nontoxic.” Specifically, the OEPA considers these wastes 

nontoxic if leachate obtained by using a specified leachate test (i.e., the TCLP or modified 

TCLP) contains concentrations of arsenic, barium, cadmium, chromium, lead, and mercury that 

are less than 30 times the EPA limits in drinking water in place for these metals at the time the 

OEPA established its criteria. The “nontoxic” concentrations are 1.5 mg/L for arsenic, 60 mg/L 

for barium, 0.15 mg/L for cadmium, 3 mg/L for chromium, 1.5 mg/L for lead, and 0.06 mg/L for 

mercury. In addition, the selenium concentration in the leachate must be 1 mg/L or less. 

According to the Utility Solid Waste Activities Group (USWAG), virtually all coal ash and slag 

produced in Ohio meets the “nontoxic” criteria for the metals of concern (USWAG 2005). This 

means that of all CCWs, only FGD residues are typically regulated as residual solid wastes in 

Ohio. 

Pennsylvania—Coal ash not being beneficially used in Pennsylvania is regulated as 

residual waste destined for disposal. “Residual waste” is a category of solid wastes that includes 

garbage and refuse and other discarded materials, if they are otherwise not hazardous wastes, 

including materials resulting from industrial operations and sludge resulting from industrial 

wastewater treatment facilities or air pollution control facilities (25 Pennsylvania [Pa] 

Code 287.1). In addition to coal ash, Pennsylvania designates all other CCWs as residual wastes, 

including slag and FGD wastes. 

Chemical, physical, and leachate analyses are used on a case-specific basis to determine 

the design standards applicable to a residual waste landfill. The Pennsylvania regulations specify 

design standards for three classes of residual waste landfills (I, II, and III) and two classes of 

surface impoundments (I and II). The classification systems are based on the potential for wastes 

received at the landfill to adversely affect groundwater, with Class I facilities receiving waste 

that are most likely to affect groundwater and Class III facilities receiving wastes that are least 

likely to do so. The regulations applicable to residual wastes destined for disposal were 

significantly revised in July 1992 to provide consistency with the Pennsylvania municipal waste 

regulations, to expand reporting, and to encourage residual waste source reduction. 

Texas—Texas regulations adopt by reference the Federal regulation (40 CFR 261.4) that 

exempts CCWs from the definition of hazardous waste (30 Texas Administrative Code [TAC] 
A-14 

335.1(62)). In Texas, wastes from electric power generation plants, including CCWs, are 

considered industrial wastes, which if destined for disposal may be further categorized into one 

of three classes. Class 1 industrial solid wastes include any nonhazardous wastes or mixtures of 

their wastes that, because of concentration or physical or chemical characteristics, are toxic, 

corrosive, flammable, pose a substantial danger to human health or the environment, or have 

other similar characteristics. Class 3 wastes are wastes that are inert, essentially insoluble, and 

pose no threat to human health or the environment. Class 2 wastes are wastes that are neither 

hazardous nor Class 1 or Class 3 wastes. This tiered system for designating wastes was adopted 

in 1993 and took effect in 1994. While a nominal number of power plants have produced CCWs 

that qualified as Class 1 industrial wastes and some bottom ashes have been categorized as 

Class 3, most CCWs generated in Texas are Class 2 industrial wastes when disposed of 

(Buckley 2005). 

Virginia—When destined for disposal in Virginia, CCWs are designated as 

nonhazardous, industrial solid waste. Facilities intended primarily for the disposal of 

nonhazardous, industrial solid waste are regulated as industrial waste disposal facilities 

(9 Virginia Adm. Code [VAC] 20-80-270). The facilities are subject to design and operational 

requirements depending on the volume and the physical, chemical, and biological nature of the 

waste. Additional requirements, to include groundwater and decomposition gas monitoring, may 

be imposed, depending on the volume and the nature of the waste involved, as necessary to 

protect health or the environment. 

Wisconsin—When destined for disposal in Wisconsin, CCWs are designated as 

nonhazardous industrial wastes. Fly ash and bottom ash are further designated as high-volume 

industrial wastes (Wisconsin Adm. Code [WAC] Natural Resources [NR] Chapter 500.03(101)). 

The owner/operator of a high-volume industrial waste landfill is allowed to propose either a 

design consistent with the design criteria for solid waste landfills specified in the Wisconsin 

regulations, or an alternative design that the owner/operator must demonstrate will adequately 

protect public health, welfare, and the environment and meet or exceed the otherwise applicable 

location and performance standards (WAC NR 504.10). 

A.3 PERMITTING REQUIREMENTS FOR CCWs IN SELECTED STATES 

A.3.1 Summary 

While permits and design standards themselves are not control technologies, they are 

techniques used to ensure environmental control of waste management practices. For example, 

permits can dictate the use of specific operating practices and control technologies, either 

because these are mandated in regulations or because they have been determined to be 

appropriate on a case-specific basis to ensure protection of human health and the environment. 

Table A.4 lists the permits required for CCW land disposal units (landfills and surface 

impoundments) in Alabama, Florida, Georgia, Illinois, Indiana, Missouri, Ohio, Pennsylvania, 

Texas, Virginia, and Wisconsin. Further discussion of permitting requirements in each State is 

provided in Section A.3.3. 
TABLE A.4 Permits Required for CCW Management Units in Selected States 

Permitting Requirements 

Statea Landfills Surface Impoundments 

Alabama No permit required for disposal in landfills because CCWs are 

expressly excluded from the definition of solid waste 

NPDES permit, if there is a point source discharge to 

Florida Power Plant Siting Act certification (for steam electric power 

plants >75 MW only) [Note: This certification contains the 

same substantive requirements as would solid waste construction and operating permits. Hence, if a power plant obtains this certification, no separate permits are required.] OR Solid waste construction permit and operating permit, unless landfill receives only wastes resulting from activities on the landfill owner’s property (captive wastes) and the environmental effects on groundwater and surface water are addressed or authorized by another permit issued by the Florida DNR or an approved groundwater-monitoring plan. 

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

waters, OR State wastewater permit, if no NPDES permit is requGroundwater discharge permit, if groundwater-dischanot addressed in the NPDES/State wastewater permit

Georgia Solid waste handling permit NPDES permit, if there is a point source discharge of 

waters; OR Written approval from the GDNR Environmental Prodischarge of pollutants to State waters from a non-po

Illinois Development permit, unless landfill receives only wastes 

generated on-site (captive wastes), AND Operating permit, unless landfill receives only captive wastes. Landfills receiving only captive wastes are not required to have solid waste permits. 

NPDES permit, if there is a point source discharge to 

Construction/operating permit, if no NPDES permit i

Indiana Restricted waste site construction and operating permits 

(co-disposal only with wastes of the same type [i.e., I, II, or III]). Nonmunicipal solid waste landfill construction and operating permits (co-disposal with wastes of multiple types). 

Water pollution control facility construction permit ANPDES permit, if there is a point source discharge to Permit to operate, if State regulators believe facility othe environment and no NPDES permit is required. Units that obtain water pollution control permits are eIndiana solid waste permitting program. 
TABLE A.4 (Cont.) 

Permitting Requirements 

Statea Landfills Surface Impoundments 

Missouri Solid waste construction permit and operating permit for 

utility waste landfills 

Construction permit and operating permit from the MCommission, whether or not the design allows dischaExpressly exempt from the requirement to obtain soliobtain permits from the Missouri Clean Water Commplat upon closure, as required for disposal facilities by regulations. 

Ohio Permit to install for residual waste landfills, unless the landfill 

receives only fly ash, bottom ash, and/or foundry sand that the 

OEPA has determined to be “nontoxic.” No permit to install is required for a landfill receiving only “nontoxic” fly ash, bottom ash, and/or foundry sand.d

Permit to install a treatment or disposal unit; AND NPDES permit, if there is a point source discharge to 

Pennsylvania Class I, II, or III residual wasteb landfill permits. Class I or II residual wasteb disposal impoundment p

NPDES Permit, if there is a point source discharge to 

Texas Solid waste permit, unless landfill receives only wastes 

generated on-site (captive wastes). No solid waste permits required for an on-site landfill receiving only captive wastes. 

NPDES permit, if there is a point source discharge to Solid waste permit, if there is no point source, unless receives only wastes generated on-site (captive waste50 mi that has the same owner. 

Virginia Industrial waste landfill permit. Virginia Pollutant Discharge Elimination System (VP

point source discharge to State waters, OR Virginia pollution abatement permit, if no VPDES peUnits that obtain water pollution control permits are eVirginia solid waste permitting program. 

Wisconsin Local approvals. 

Feasibility determination. Plan of operation approval. Operating license. 

Wisconsin Pollutant Discharge Elimination System (Wis a point source discharge to State waters, OR Operating license, if the facility is used for solid wastare expressly exempt from WPDES permitting requir

Footnotes on next page. 
TABLE A.4 (Cont.) 

a The pilot study covered this category of regulatory control for Illinois, Indiana, Pennsylvania, Virginia, and Wisconsin. Alabama

and Texas are supplemental States. 

b In Pennsylvania, permits are issued for landfills that receive Class I, II, or III residual wastes and for surface impoundments that re

Class III, residual wastes. 

c Texas defines a tank as a stationary device designed to contain an accumulation of solid waste and constructed primarily 

(e.g., wood, concrete, steel, plastic) that provide structural support (30 TAC 335.1(138) and (160)(C)). 

d Wastes are considered “nontoxic” in Ohio if leachate obtained by using the TCLP or modified TCLP contains (1) concentra

cadmium, chromium, lead, and/or mercury that are less than 30 times the limits established by the EPA for these metals in drconcentration of selenium of 1 mg/L or less, which the Ohio Environmental Protection Agency has established as the “nontoxic” cr
A-18 

Landfills—As Table A.4 indicates, Alabama excludes CCWs from the definition of solid 

waste. Therefore, in Alabama, landfills that receive only CCWs are not required to have solid 

waste permits. However, surface impoundments in Alabama that have a point source discharge 

must have NPDES permits. 

 Ohio excludes “nontoxic” fly ash, bottom ash, and boiler slag from the definition of solid 

waste. As was reported in Section A.2.3, virtually all coal ash and slag produced in Ohio meets 

the “nontoxic” criteria for the metals of concern. This means that of all CCW landfills, only 

landfills receiving FGD residues are typically required to have permits under the solid waste 

program in Ohio. 

Illinois and Texas exempt landfills that receive captive wastes and are located on-site at 

coal combustion facilities from the requirement to have solid waste disposal permits. However, 

in these States, the permitting exemption does not mean the absence of regulation, as is further 

explained in Section A.3.3. 

 In Florida, all CCW landfills must have solid waste construction and operation permits, 

with three exceptions: 

1. If CCWs are disposed of in an on-site landfill at a coal-fired electric 

generating plant authorized under the Florida Power Plant Siting Act (PPSA), 

no separate permits, including solid waste construction and operation permits, 

are required. Instead, the entire facility is covered under the PPSA 

certification, which will contain the same substantive requirements as would 

otherwise have been imposed by other permits. 

2. No solid waste permit is required for disposal of solid waste resulting from a 

person’s own activities on his/her own property if such disposal occurred 

before October 1, 1988 (Section 403.707(2)(d), F.S.). 

3. No solid waste permit is required for disposal of solid waste resulting from a 

person’s own activities on his/her own property if such disposal occurred after 

October 1, 1988, provided that the environmental effects of such disposal on 

groundwater and surface water are addressed or authorized by another permit 

issued by the Florida Department of Environmental Protection or by an 

approved groundwater-monitoring plan (Section 403.707(2)(d), F.S.). 

 The remaining six States (Georgia, Indiana, Missouri, Pennsylvania, Virginia, and 

Wisconsin) require permits under their solid waste programs for both on-site and off-site 

landfills receiving CCWs. 

Surface Impoundments—Permitting requirements applicable to surface impoundments 

were reviewed for the five pilot States (Illinois, Indiana, Pennsylvania, Virginia, and Wisconsin) 

and six additional States (Alabama, Florida, Georgia, Missouri, Ohio, and Texas). Pennsylvania 

is the only State reviewed that requires a solid waste permit for all surface impoundments that 

receive CCWs. Wisconsin also regulates surface impoundments used for disposal as solid waste 
A-19 

landfills. Otherwise, surface impoundments are regulated as water pollution control facilities 

rather than solid waste management units in the States reviewed. In general, water pollution 

control facilities treat or store wastewater, including industrial wastewater, and discharge it 

directly or indirectly into waters of a State, which usually encompass both surface water and 

groundwater located wholly or partially within the State. 

All 11 States require a surface impoundment that discharges wastewater from a point 

source into waters of the State to have a National Pollutant Discharge Elimination System 

(NPDES) permit (or the State equivalent), although Wisconsin exempts surface impoundments 

used for disposal, which are thereby subject to regulation as solid waste disposal units, from this 

requirement. If a surface impoundment receiving CCWs does not discharge from a point source 

and is thus not required to have a NPDES permit, seven of the States reviewed (Florida, Georgia, 

Illinois, Indiana, Missouri, Ohio, and Virginia) require alternative water pollution control 

permits, and Texas requires compliance with permitting requirements for solid waste landfills. 

Indiana, Missouri, and Virginia expressly exclude surface impoundments that have water 

pollution control permits from solid waste permitting requirements. 

Ten of the 11 States reviewed allow requirements (such as the installation of 

groundwater-monitoring systems, liner systems, and leachate control systems) to be placed in 

NPDES permits and other water pollution control permits, to protect human health and the 

environment. In Pennsylvania, such requirements are placed into solid waste permits. It should 

also be noted that in Florida, such requirements may be placed into the PPSA certification rather 

than in water pollution control permits for CCW surface impoundments located on-site at an 

electric generating company. 

A.3.2 Chronological Comparison of Permitting Requirements for Landfills 

 in Selected States 

Table A.5 compares the findings regarding permitting requirements in the five pilot 

States and six supplemental States (“2005 Data” column) with the historical permitting 

requirements in these States as reported in EPA 1988 and EPA 1999b. 

A.3.3 State-Specific Discussion of Permitting Requirements 

Alabama—No permits are required under the Alabama solid waste regulatory program 

for landfills receiving CCWs for disposal because the definitions of the terms “industrial solid 

waste” and “ash” provided in the Alabama solid waste regulations expressly exclude fly ash 

waste, bottom ash waste, boiler slag waste, and flue gas emission control waste, which result 

from the combustion of coal or other fossil fuels at electric- or steam-generating plants (ADEM 

Adm. Code R.335-13-1-.03(12) and (63)). However, the ADEM has general authority to regulate 

activities that may impact groundwater, and the Hydrogeology Unit of the ADEM Groundwater 

Branch implements a Groundwater-Protection Program. Through this program, the ADEM may 

exert its general groundwater-protection authority, if necessary, on a case-specific basis. 
TABLE A.5 Chronological Comparison of Permitting Requirements for Landfills in Selected States

Permitting Requirements for Landfillsa

State EPA 1988 EPA 1999a 2005 Data 

Alabama On-site and off-site NCb CCWs are expressly excluded from the definition of solid waste in Alabama. Hen

whether located on-site or off-site, are not required to have solid waste permits. 

Florida Off-site NC Off-site (on-site landfill may have PPSAc certification in lieu of solid waste perm

plant, OR may, in lieu of solid waste permits, obtain either another permit issued approved groundwater-monitoring plan which addresses or authorizes the environgroundwater and surface water). 

Georgia On-site and off-site On-site and off-site for industrial solid wastes (including CCWs) Illinois On-site and off-site NC Off-site (on-site landfill is required to give initial notice to the permitting agency

groundwater reports, but no solid waste permit is required) 

Indiana On-site and off-sited NC On-site and off-site for landfills receiving CCWs that are nonmunicipal solid was

or III restricted waste sites; Type IV restricted waste sites do not require permits. 

Missouri On-site and off-site NCf On-site and off-site for utility waste landfills 

Ohio Not applicable NC On-site and off-site for residual waste landfills receiving CCWs, unless the landf

receives only “nontoxic” (as determined by the OEPA) fly ash, bottom ash, and/owaste permits are not required for monofills that receive only such wastes. 

Pennsylvania On-site and off-site Yese On-site and off-site for landfills in Classes I, II, and III 

Texas Off-site NC Off-site (on-site landfills must register with the TCEQ and provide updated infor

occur) 

Virginia On-site and off-site Yes On-site and off-site Wisconsin On-site and off-site Yes On-site and off-site Footnotes on next page.
TABLE A.5 (Cont.)a “On-site” means this State is reported to require on-site CCW landfills to have permits. “Off-site” means this State is reported to req

landfills to have permits. “Yes” means this State is reported to require CCW landfills to have permits, but the source document does 

on-site and off-site landfills. “None” means this State is reported to require no permits for CCW landfills, whether they are located o

b NC = Not covered in the source report. c PPSA (FS 403.501 through 518) provides for certification (licensure) of steam electric power plants that are 75 MW or larger in siz

lead agency for coordination of the power plant siting process conducted pursuant to the PPSA and has jurisdiction over many of thcertification process may replace. 

d Research for this report (2005 data) suggests that on-site landfills in Indiana may have been exempt from permitting requirements be Pennsylvania adopted its graded approach for landfills in 1992. f Research for this report (2005 data) revealed that Missouri implemented its utility waste landfill regulations in 1997. 
A-22 

Surface impoundments that receive CCWs in Alabama are regulated as industrial waste 

treatment facilities, which must have National Pollutant Discharge Elimination System (NPDES) 

permits for discharges to waters of the State, including groundwater (335 ADEM Adm. Code 

R.335-6-6-.02 and R.335-6-6-.03). The ADEM has authority to impose requirements in NPDES 

permits for liners or groundwater monitoring if a potential for groundwater contamination from a 

surface impoundment is believed to exist (ADEM 2005b; ADEM Adm. Code 

R.335-6-6-.08(1)(j)). 

Florida—The PPSA (Florida Statutes [FS] 403.501 through 518) provides for 

certification (licensure) of steam electric power plants that are 75 MW or larger in size. The Act 

was created by the Florida legislature in 1973. Power plants constructed before 1973 were not 

required to obtain a PPSA certification. On-site management of CCWs in landfills at power 

plants required to have PPSA certifications would not require any other solid waste permits. 

However, if CCWs are disposed of in an off-site landfill or at a power plant not required to have 

a PPSA certification, the landfill must have a solid waste permit, or obtain either another permit 

issued by the Florida DNR or an approved groundwater-monitoring plan, which addresses or 

authorizes the environmental effects on groundwater and surface water. 

 Under the PPSA, the Florida DEP is the lead agency for coordination of the siting process 

and has jurisdiction over many regulatory programs for which the certification substitutes. Thus, 

the DEP “wears two hats,” one for supporting the “Siting Board,” and the other for its standard 

jurisdictional activities, which include implementation of Federally approved or delegated permit 

programs, wetlands permits, State lands oversight, coastal protection, and so forth. As a part of 

the PPSA certification application, permit applications for Federally delegated or approved 

permit programs must be submitted. Currently, these include NPDES and wastewater program 

permits as well as solid waste program permits. The review of these permit applications is 

interwoven with the PPSA certification process. 

 The Florida solid waste regulations require disposal facilities to obtain permits from the 

Florida DEP before construction, operation, modification, and closure, with the following three 

exceptions: 

1. If CCWs are disposed of in an on-site landfill at a coal-fired electric 

generating plant authorized under the Florida Power Plant Siting Act (PPSA), 

no separate permits, including solid waste construction and operation permits, 

are required. Instead, the entire facility is covered under the PPSA 

certification, which will contain the same substantive requirements as would 

otherwise have been imposed by other permits. 

2. No solid waste permit is required for disposal of solid waste resulting from a 

person’s own activities on his/her own property if such disposal occurred 

before October 1, 1988 (Section 403.707(2)(d), F.S.). 

3. No solid waste permit is required for disposal of solid waste resulting from a 

person’s own activities on his/her own property if such disposal occurred after 

October 1, 1988, provided that the environmental effects of such disposal on 
A-23 

groundwater and surface water are addressed or authorized by another permit 

issued by the Florida DEP or by an approved groundwater-monitoring plan 

(Section 403.707(2)(d), F.S.). 

Surface impoundments that receive CCWs in Florida are regulated as industrial 

wastewater treatment facilities. If a surface impoundment would receive CCWs and have a point 

source discharge into waters of the State, it must have a NPDES/State wastewater permit 

(FAC 62-620), unless the facility is a power plant that must obtain a PPSA certification, in which 

case the PPSA certification would substitute for the NPDES permit. If the surface impoundment 

would also discharge contaminants into groundwater, either the NPDES/State wastewater permit 

or a separate groundwater-discharge permit must address groundwater-discharge considerations 

(FAC 62-522-300). Alternatively, groundwater considerations could be addressed in a PPSA 

certification for an electric power company required to obtain this certification. Wastewater 

permitting for power plants is unique in that permitting is done through the Industrial 

Wastewater Section at the Florida DEP headquarters, in Tallahassee, instead of through the 

district offices. 

Georgia—In Georgia, landfill facilities that dispose of CCWs or other industrial wastes 

must obtain solid waste handling permits before construction and operation begins (GA Rule 

391-3-4-.02). 

Surface impoundments that receive CCWs in Georgia are regulated as potential sources 

of pollutant discharges to waters of the State, which include groundwaters. If a surface 

impoundment would have a point source discharge, it must have a NPDES permit (GA Rule 391-

3-6-.06(3)(a)). If a surface impoundment would have a non-point source discharge, written 

approval from the GDNR Environmental Protection Division would be required (GA Rule 391-

3-6-.06(3)(b)). In either case, the facility would be required to use best management practices to 

minimize to the extent feasible the introduction of pollutants into State waters. 

Illinois—CCWs destined for disposal in Illinois are considered special (non-RCRA) 

wastes unless the generator certifies their eligibility for declassification. If CCWs are 

declassified, they may be disposed of, without restriction, in any solid waste disposal unit. In 

comparison, CCWs that are special (non-RCRA) wastes must be disposed of in facilities that 

either meet the requirements for an exemption from solid waste permitting or hold permits that 

expressly allow CCW disposal. 

Illinois requires a “development permit” before construction or modification of any 

facility that stores, treats, or disposes of solid wastes, including both declassified and special 

(non-RCRA) wastes. In addition, an “operating permit” is required before using or operating 

such a facility, unless (1) the facility is a landfill used only for disposal of waste generated onsite or (2) the facility is a surface impoundment receiving special (non-RCRA) waste that is 

expressly listed in a NPDES permit (415 Illinois Compiled Statutes [ILCS] 5/21(d) and 35 Ill. 

Adm. Code 807.201 and 807.202). 

A CCW landfill that qualifies for the statutory solid waste permitting exemption must 

notify the Illinois Environmental Protection Agency (IEPA) of its operations and file annual 
A-24 

reports (35 Ill. Adm. Code 815.301). In addition, landfills receiving solely CCWs produced by 

coal combustion power generating facilities must be designed, constructed, and operated in 

compliance with applicable sections of the regulatory standards for landfills (35 Ill. Adm. 

Code 816.500). Sections applicable to landfills receiving CCWs (which fall within the definition 

of chemical waste) are located in 35 Ill. Adm. Code 811, and address liners, leachate systems, 

and groundwater monitoring. A chemical waste is a nonputrescible solid for which any 

contaminated leachate is expected to be formed through chemical or physical processes rather 

than biological processes, and no gas is expected to be formed as a result (35 Ill. Adm. Code 

810.103). 

Surface impoundments that receive CCWs in Illinois are regulated as wastewater 

treatment facilities. If a surface impoundment would have a point source discharge into waters of 

the State, it must have a NPDES permit (35 Ill. Adm. Code 309.102). If a surface impoundment 

would receive CCWs, but not have a point source discharge, a State construction/operating 

permit would be required (35 Ill. Adm. Code 309.201). 

Indiana—Indiana designates CCWs as solid waste that may be disposed of in either 

restricted waste sites or nonmunicipal solid waste landfills. Restricted waste sites can receive 

wastes of only one type. A site that accepts only wastes of Type I, II, or III is required to obtain a 

restricted waste site permit before starting construction and operation (329 IAC 10-11-1). No 

permit is required for a restricted waste site that accepts only Type IV solid wastes. 

A facility in which CCWs would be co-disposed of with dissimilar wastes is required to 

obtain a nonmunicipal solid waste landfill permit before construction and operation 

(329 IAC 10-11-1). The permit must specify that the landfill is allowed to receive CCWs 

(329 IAC 10-9-5). 

Indiana’s restricted waste site and nonmunicipal solid waste landfill permitting programs 

do not distinguish between on-site and off-site facilities. However, industrial facilities operating 

in Indiana before 1996 that disposed of solid waste, including CCWs, in disposal units that were 

located either (1) on the site where the waste was generated or (2) off the site but were owned 

and operated by the generator for its exclusive use, may not have been required to obtain permits. 

In 1996, such facilities, as well as new solid waste disposal units, became subject to the 

permitting requirements indicated above (329 IAC 10-5). 

In Indiana, any ash pond that receives coal ash transported into it by water is exempt 

from both the solid waste permitting requirements and the solid waste facility design standards 

imposed by the Indiana solid waste program (329 IAC 10-3-1). Even so, ash ponds and other 

surface impoundments that receive CCWs may be categorized as water pollution 

treatment/control facilities, which include units or structures used to control, prevent, pretreat, or 

treat pollutant discharges into waters of the State, including surface and underground waters 

(327 IAC 3-1-2). As such, new construction of these facilities may require water pollution 

control facility construction permits. Furthermore, once a facility with one or more point source 

discharges to waters of the State is constructed, the owner/operator must obtain an NPDES 

permit, which acts as an operating permit (327 IAC 5-2-2). If a water pollution treatment/control 

facility is not subject to the NPDES permit program (e.g., because there is no point source 
A-25 

discharge), the facility may still be required, at the State’s discretion, to obtain a permit to 

operate. Generally, such permits are required only if the State believes operation of the facility 

will pose a significant threat to the environment (327 IAC 3-4-2). 

Missouri—All solid waste disposal areas, including utility waste landfills, in Missouri 

are required to have construction permits and operating permits from the MoDNR (10 CSR 

80-2.020(2)). 

 Surface impoundments that receive solid wastes in Missouri are expressly exempt from 

the requirement to have solid waste permits, if they obtain construction and operating permits 

from the Missouri Clean Water Commission and comply with the requirement in the solid waste 

regulations regarding filing of a survey plat upon closure (10 CSR 80-2.020(9)). The Missouri 

Clean Water Law requires construction and operating permits for surface impoundments, 

whether or not they are designed to discharge wastewater (10 CSR 20-6.010 and .015). 

Ohio—The owner or operator of a residual waste landfill in Ohio must obtain a permit to 

install before construction of the landfill begins (ORC 3734.05 and OAC 3745-30-05(A)). 

 Surface impoundments are regulated under the OEPA water pollution control program. 

As such, they are expressly exempt from the OEPA solid waste regulations (OAC 3745-27-

03(A)(8)). The water pollution control regulations require that, before starting construction, 

surface impoundments receiving industrial wastes, such as CCWs, must have permits to install 

based on an application and engineering plan, which must demonstrate that the surface 

impoundment will: (1) not prevent or interfere with the attainment or maintenance of applicable 

water quality standards; (2) not result in a violation of any applicable laws; and (3) employ the 

best available technology (OAC 3745-42-03 and -04). In addition, if a surface impoundment 

would have a point source discharge into waters of the State, an NPDES permit would be 

required (OAC 3745-33-02). 

Pennsylvania—Pennsylvania designates CCWs as a “residual waste,” which includes 

garbage, refuse, other discarded material, or other waste, including solid, liquid, semisolid, or 

contained gaseous materials resulting from industrial, mining, and agricultural operations and 

sludge from an industrial, mining, or agricultural water supply treatment facility, wastewater 

treatment facility, or air pollution control facility, if it is not hazardous (25 Pa. Code 287.1). 

Pennsylvania has a distinct regulatory program for residual wastes, which requires operators of 

residual waste processing and disposal facilities to have permits to build, operate, expand, and 

close facilities. Under this program, a CCW processing or disposal facility must have a permit to 

operate, unless the facility is engaged in the beneficial use of coal ash (25 Pa. Code 287.101(b)). 

CCW landfills must have Class I, II, or III residual waste landfill permits, and surface 

impoundments that dispose of CCWs must have Class I or II residual waste disposal 

impoundment permits. Surface impoundments that discharge to surface water must also have 

NPDES permits (25 Pa. Code 92.3). Regulations distinguish between captive facilities (i.e., an 

on-site facility used solely for the generator’s residual waste) and noncaptive facilities, allowing 

more flexibility concerning matters such as roads, signs, and access control at captive facilities, 

but not affecting permitting requirements. 
A-26 

 Texas—If CCWs are disposed of, they are regulated as industrial waste in Texas. If a 

generator stores, treats, or disposes of its own nonhazardous industrial waste (either on-site or at 

another facility it owns located within 50 mi), a nonhazardous industrial waste permit is not 

required (30 TAC 335.2(d)(1)), but the generator must register with the Texas Commission on 

Environmental Quality (TCEQ) (30 TAC 335.6(a)). Information that must be submitted with the 

registration includes, but is not limited to, waste composition, waste management methods, 

facility engineering plans and specifications, and the geology where the facility is located. This 

information is used by the TCEQ to determine whether storage, processing, or disposal is 

compliant with the requirements of the regulations. The generator also has a continuing 

obligation to notify TCEQ of subsequent changes or additional information concerning waste 

composition, waste management methods, facility engineering plans and specifications, or the 

geology of the facility’s location (30 TAC 335.6(b)). Furthermore, the landfill is subject to 

general prohibitions against polluting the water, creating a nuisance, and endangering public 

health and welfare (30 TAC 335.4), which allow the TCEQ to respond to potential releases of 

pollutants into or adjacent to waters in the State. Other regulatory requirements applicable to 

nonpermitted landfills include a requirement to record in county deed records a metes and 

bounds description of the land on which disposal has occurred (30 TAC 335.5) and a 

requirement to close and remediate the facility in accordance with the Texas Risk Reduction 

Program (30 TAC 350). Also, the TCEQ has published technical guidelines concerning landfill 

site selection, liner systems, and leachate-collection systems, with which nonpermitted landfills 

are encouraged to comply. 

Like landfills, surface impoundments that receive CCWs only from on-site and/or from 

facilities located within 50 mi that have the same owner are not required to have solid waste 

permits in Texas, but must register with the TCEQ, as described above. Since CCWs are 

typically moved to surface impoundments by means of water sluicing, most surface 

impoundments that receive CCWs are located on-site to avoid long-distance sluicing. Hence, 

surface impoundments that receive CCWs usually do not need solid waste permits. An NPDES 

permit is required, however, if a surface impoundment discharges wastewater to waters of the 

State. For such surface impoundments, TCEQ has established technical guidelines containing 

design standards for liners, leak detection, and groundwater monitoring (TCEQ 2004b). 

Virginia—Virginia designates CCWs destined for disposal as nonhazardous industrial 

solid waste. Landfills that accept CCWs in Virginia must have industrial waste landfill permits 

before construction or modification of the landfill begins (9 VAC 20-80-480(A)). The Virginia 

solid waste permitting requirements for industrial waste landfills do not distinguish between onsite and off-site landfills. 

Surface impoundments that manage nonhazardous industrial solid wastes such as CCWs 

are regulated under Virginia water control law. During the operating life of these facilities, the 

Virginia regulations governing solid waste management facilities do not apply 

(9 VAC 20-80-380). A Virginia pollution abatement permit is required for impoundments that do 

not discharge to sewage treatment works or to State waters (9 VAC 25-32-30). Surface 

impoundments that discharge must have Virginia Pollutant Discharge Elimination System 

(VPDES) permits (9 VAC 25-31-50). 
A-27 

Wisconsin—Wisconsin designates CCWs destined for disposal as nonhazardous 

industrial solid wastes, with fly ash and bottom ash being further designated as high-volume 

industrial wastes. An operating license must be obtained before a solid waste disposal facility in 

Wisconsin can be operated (WAC Natural Resources [NR] Chapter 500.6). 

For a solid-fuel−fired power plant, the Wisconsin Environmental Policy Act (WEPA) 

process applies to the feasibility determination. It must consider impacts caused by any landfill 

required to dispose of ash or other solid waste at the plant site. This process is intended to 

address the technical issues of site feasibility, including the need for the landfill and its ability to 

meet design and performance standards and protect public health and welfare and the 

environment. 

If a power plant is deemed feasible, the applicant submits a plan of operation, which must 

meet performance standards and include specific design elements to address potential impacts. If 

a plan of operation is approved, the applicant may construct the facility, including the landfill. 

The Wisconsin Pollutant Discharge Elimination System (WPDES) permit program 

regulates industrial wastewater discharges to both surface water and groundwater. However, 

industrial solid waste facilities required to obtain operating licenses are exempt from the WPDES 

permitting program requirements. 

In general, industrial waste landfills are required to have solid waste operating licenses, 

and surface impoundments containing industrial wastewaters are required to have WPDES 

permits. The Wisconsin permitting requirements do not distinguish between on-site and off-site 

landfills. 

A.4 LINER SYSTEM REQUIREMENTS IN SELECTED STATES 

A.4.1 Summary 

States may impose liner requirements on land-based waste management units to prevent 

contaminants from being released into groundwater. If a liner is required, standards may include 

specifications for maximum liner hydraulic conductivity, the type of liner material and its 

thickness, and the number of liners. Since coal combustion ash may have pozzolanic or 

cementitious properties, a few States also provide specifications for using the ash as a liner in 

landfills, either alone or in combination with other materials. Table A.6 summarizes liner 

requirements for CCW land disposal units (landfills and surface impoundments) in Alabama, 

Florida, Georgia, Illinois, Indiana, Missouri, Ohio, Pennsylvania, Texas, Virginia, and 

Wisconsin. Additional details are provided in Section A.4.3. 
TABLE A.6 Summary of Liner Requirements for CCW Management Units in Selected States 

Liner Requirements 

Statea Landfills Surface Im

Alabama • CCW monofills: No applicable liner requirements. 

• Co-disposal with other wastes in a municipal waste landfill: Composite liner • Co-disposal with other wastes in an industrial waste landfill: Liners specified by the 

ADEM on a case-specific basis when natural hydrogeologic conditions are determined to be insufficient to minimize the impact of leachate on waters 

Established, as necessarin NPDES permit. 

Florida Industrial waste landfills: The need for a liner and the specifications for the liner system, 

if one is needed, are evaluated on a case-specific basis and documented in the solid waste permit or PPSA certification. In lieu of making a case-specific demonstration, an applicant may elect tosign the facility to meet the current requirements applicable to a Class I (municipal sol waste) landfill. 

Established, as necessaand documented in an Ngroundwater-discharge certification.

Georgia • Industrial waste monofills: Liner and leachate-collection system are required, the 

design of which must be demonstrated to ensure that specified chemicals do not exceed maximum contaminant levels in the uppermost aquifer, OR 

• A variance from the requirement to install a liner and leachate-collection system may 

be obtained by monofills that receive waste only from a single industry. 

Established, as necessarin NPDES permit or dis

Illinois • Special (non-RCRA) waste landfills: A leachate drainage and collection system and a 

compacted earth liner designed as an integrated system are required, as follows: − Earth liner: 

 Permeability < 1 × 10-7 cm/s 

 Thickness > 5 ft, OR 

− Composite liner consisting of: 

 Earth liner: 

♦ Permeability < 1 × 10-7 cm/s ♦ Thickness > 3 ft, overlain by 

 Geomembrane liner: 

♦ Thickness > 60 mil, OR 

Established, as necessarin NPDES OR construc
TABLE A.6 (Cont.) 

Liner Requirements 

Statea Landfills Surface Im

Illinois (Cont.) 

− Other liner configurations, if: 

 They provide equivalent or superior performance;  They have been used successfully in at least one similar operation; and  Quality assurance can be implemented. 

 CCW monofills: Poz-O-Tecb liners and caps made from CCWs are allowed to replace 

liner requirements for other solid waste landfills if: 

− Poz-O-Tec is: 

 Produced and tested according to specifications provided in the regulations; 

AND 

 Permeability < 1 × 10-7 cm/s 

 Thickness > 3 ft 

Compressive strength > 150 lb/in.2 or psi 

Indiana • Types I, II, or III restricted waste sites: Earth liner having equivalent hydraulic 

conductivity of 1 × 10-6 cm/s and a minimum thickness as follows: 

− Type I: 15 ft, or 10 ft with a demonstration that the equivalent hydraulic 

conductivity of the waste through the barrier will be less than 1 × 10-6 cm/s. 

− Type II: Ranging from 5 to 10 ft depending on waste permeability. 

− Type III: 3 ft. 

• Type IV restricted waste sites: No liner required. 

• Nonmunicipal solid waste landfills: 

− Leachate-collection system coupled with earth liner > 10 ft having hydraulic 

conductivity of 1 ×10-6 cm/s, OR 

− Earth liner > 50 ft having hydraulic conductivity of 1 × 10-6 cm/s. 

Established, as necessary, in water pollution control 

Missouri Utility waste landfill: Composite or clay liner meeting required thickness, compaction 

percentage, and hydraulic conductivity specifications (landfills constructed after July 30, 1997).

Soil or synthetic liner meecompaction percentage, aspecifications. 
TABLE A.6 (Cont.) 

Liner Requirements 

Statea Landfills Surface Im

Ohio • “Nontoxic” fly ash and bottom ash monofill: No liner required. 

• Class IV residual waste landfill: 

− Soil liner > 3 ft having hydraulic conductivity of 1 × 10-7 cm/c, OR 

− Geomembrane plus 18 in. of soil having hydraulic conductivity of 1 × 10-7 cm/s, 

AND 

− Leachate-management system. 

• Class III residual waste landfill: 

− Soil liner > 3 ft having hydraulic conductivity of 1 × 10-7 cm/s, OR 

− Geomembrane plus 18 in. of soil having hydraulic conductivity of 1 × 10-7 cm/s, 

AND 

− Leachate-management system. 

Established, as necessary, in water pollution control 

 • Class II residual waste landfill: 

− Geomembrane plus 3 ft of soil having hydraulic conductivity of 1 × 10-7 cm/s 

AND 

− Leachate-management system. 

• Class I residual waste landfill: 

− Geomembrane plus 5 ft of soil having hydraulic conductivity of 1 × 10-7 cm/s 

AND 

• Leachate-management system.
TABLE A.6 (Cont.) 

Liner Requirements 

Statea Landfills Surface Im

Pennsylvania Class I residual waste landfill:

(1) Subbase prepared of soil or earthen materials; (2) Secondary liner placed on the subbase; 

(3) Leachate-detection zone placed on the secondary liner; (4) Primary liner placed on the leachate-detection zone; 

(5) Protective cover and leachate-collection zone placed over the primary liner. Either the 

primary liner or the secondary liner must be a composite liner, which is a continuous layer of synthetic material over earthen materials. The other liner must be composed of synthetic materials. 

Class II residual waste landfill:(1) Subbase prepared of soil or earthen materials; (2) Leachate-detection zone placed on the subbase; (3) Composite liner of synthetic material over earthen materials placed on the leachatedetection zone; 

(4) Protective cover and leachate-collection zone placed over the liner. Class III residual waste landfill: Attenuating soil must exist naturally or have been placed 

over the entire disposal area, and: (1) The seasonal high water table, perched water table, or bedrock must be separated from 

the lowest area where waste is deposited by at least 4 ft. 

(2) The regional groundwater table must be separated from the lowest area where waste is 

deposited by at least 8 ft. 

Class I residual waste d(1) Subbase prepared of (2) Secondary liner plac(3) Leachate-detection z

secondary liner; 

(4) Primary liner placed 

zone; 

(5) Protective cover and 

placed over the primEither the primary limust be a composite continuous layer of searthen materials. 

Class II residual waste (1) Subbase prepared of (2) Leachate-detection z

subbase; 

(3) Composite liner of s

earthen materials pladetection zone; 

(4) Protective cover and 

placed over the liner
TABLE A.6 (Cont.) 

Liner Requirements 

Statea Landfills Surface Im

Texas No liner requirements are specified in the regulations. 

TCEQ Recommendation for landfills receiving Class 1 and Class 2 wastes:c Composite 

liner (compacted clay immediately beneath a synthetic membrane liner) Monofills receiving only bottom ash, fly ash, or FGD residues have been found to not require a membrane. 

No liner requirements are regulations. TCEQ Recommendation freceiving Class 2 wastes: • Geomembrane (polyet

30 mil) and underlying OR 

• Compacted clay (2 ft)• Equivalent in-situ clay

• Geosynthetic clay line

soil (1 ft) 

Virginia • >1 ft compacted soil with permeability < 1 × 10-7 cm/s; OR 

• Either > 30-mil synthetic flexible membrane or > 60-mil high-density polyethylene 

(HDPE) having proven compatibility with waste and its leachate; OR 

• Other augmented compacted clays or soils with thickness and permeabilities 

equivalent to those specified above for compacted soil, as documented by appropriate laboratory tests; OR 

• Natural and undisturbed soil with thickness and permeabilities equivalent to those 

specified above for compacted soil. 

• Double liner may be required on a site-specific basis. 

Established, as necessary, in water pollution control 
TABLE A.6 (Cont.) 

Liner Requirements 

Statea Landfills Surface Im

Wisconsin For industrial solid waste landfills:

• Composite liner: 

− > 60-mil geomembrane upper layer overlain by a 1- to 3-ft soil protective layer, 

and 

− > 4 ft compacted clay lower layer, OR 

• Compacted clay: 

− Permeability < 1 × 10-7 cm/s 

− Thickness > 5 ft AND 

• At least 10-ft distance to bedrock from bottom of clay layer for either liner type, OR For fly ash or bottom ash landfills only:

• Alternative design: 

− Feasibility report required demonstrating that landfill meets or exceeds 

otherwise applicable location and performance standards. 

For zone-of-saturation landfills: • Special requirements. 

For surface impoundmentsolid waste disposal facili• Same liner requiremenFor all other lagoons that wastewaters and associatsolids and any resulting le

exemption is granted: • Water losses must not 

per day AND 

• Compacted natural so

mixture: 

− Thickness > 6 in. 

− Permeability < 1 × 

• Synthetic material: 

− Thickness > 30 mi

a The pilot study covered this category of regulatory control for Illinois, Indiana, Pennsylvania, Virginia, and Wisconsin. Georgia, Oh

supplemental States. 

b “Poz-O-Tec” is produced by a stabilization process that blends a mixture of FGD scrubber sludge, fly ash, and lime to produce a rel

material that is not infiltrated significantly by rainwater. 

c As Section A.2.3 explains, CCWs in Texas are nearly always designated as Class 2 industrial solid wastes. 
A-34 

A.4.2 Chronological Comparison of Liner Requirements for Landfills in Selected States 

Table A.7 compares the findings in this report (“2005 Data”) regarding liner 

requirements for landfills that receive CCWs for disposal in the five pilot States and 

six supplemental States with the liner requirements for CCW landfills reported in EPA 1988 and 

EPA 1999b. 

A.4.3 State-Specific Discussion of Liner Requirements 

Alabama—Because CCWs are expressly excluded from the definition of solid waste in 

Alabama, landfills that receive only CCWs are not subject to the Alabama solid waste 

regulations. Therefore, CCW monofills are not required to have liners in Alabama. However, if 

CCWs are disposed of in a landfill that receives other types of solid waste, such as a commercial 

industrial waste landfill or a municipal waste landfill, that landfill may be subject to liner 

requirements, as indicated in ADEM Adm. Code R.335-13. At a minimum, municipal waste 

landfills must have composite liners. For industrial landfills, the ADEM determines liner 

requirements on a case-specific basis when natural hydrogeologic conditions are determined to 

be insufficient to minimize the impact of leachate on waters. Multiple liners, including 

composite liners, may be required if determined necessary (ADEM Adm. Code R.335-13-4-.18). 

Similarly, surface impoundments in Alabama that receive only CCWs are not subject to 

the Alabama solid waste regulations. However, if there are discharges of pollutants to waters of 

the State (including groundwater) from such surface impoundments, NPDES permits would be 

required. The ADEM has authority to include conditions in an NPDES permit on a case-specific 

basis requiring a surface impoundment to install a liner and other structures if necessary to 

prevent pollutant discharges to groundwater (ADEM Adm. Code R.335-6-6-.08(j)). 

Florida—Florida does not have specific liner or leachate-control system requirements for 

industrial waste landfills. Instead, these facilities are evaluated on a case-by-case basis. It is the 

responsibility of the applicant for a solid waste permit to provide reasonable assurance that the 

proposed facility will not pollute ground or surface waters given the site-specific conditions. In 

lieu of making this demonstration, an applicant may elect to design the facility to meet current 

requirements for a Class I (municipal solid waste) landfill. 

Florida also does not have specific liner or leachate-control system requirements for 

surface impoundments. As with landfills, the facilities are evaluated on a case-specific basis. 

Georgia—In Georgia, CCWs are industrial wastes (GDNR Rule 391-3-4-.01). For 

industrial waste landfills, groundwater and surface water monitoring are required in accordance 

with approved plans (GDNR Rule 391-3-4-.07(3)). In addition, industrial waste disposal 

facilities must demonstrate that they have liner and leachate-collection system designs that 

ensure that the concentrations in the uppermost aquifer at the relevant point of compliance do not 

exceed those listed in Table A.8 for the specified chemicals. Industrial waste disposal facilities 

permitted to receive only a single type of industrial waste (i.e., monofills) or to receive only 
TABLE A.7 Chronological Comparison of Liner Requirements for Landfills in Selected States 

Liner Requirements for Landfills 

State EPA 1988 EPA 1999b 2005 Data 

Alabama May NCb No applicable liner requirements unless CCWs ar

with other wastes in industrial or municipal waste 

Florida Yesc NC Specified on a case-specific basis in the PPSA so

unless the owner/operator decides to install the linClass I (municipal solid waste) landfill. 

Georgia Noa NC Liner and leachate-collection system is required, 

which must be demonstrated to ensure that specifnot exceed maximum contaminant levels in the up

Illinois No NC • 5 ft clay with < 10-7 cm/s permeability, OR 

• 3 ft clay with < 10-7 cm/s permeability overla

geomembrane, OR 

• Other equivalent liner, OR • 3 ft Poz-O-Tec with < 10-7 cm/s permeability 

or psi compressibility (CCW monofills only). 

Indiana No Waste Type I: 10 ft clay 

Waste Type II: 5 ft to 10 ft clay Waste Type III: 3 ft clay Waste Type IV: No liner required

Type I: 15 ft clay or 10 ft clay having < 10-6 cm/s 

Type II: 5 to 10 ft clay, depending on waste permType III: 3 ft clay having < 10-6 cm/s permeabilit

Type IV: No liner required. Nonmunicipal solid waste landfills: Leachate-colcoupled with >10 ft earth having < 10-6 cm/s perm

>50 ft earth having < 10-6 cm/s permeability. 

Missouri No NC (Note: Research for this report 

indicates that Missouri implemented its requirements for utility waste landfills, including liner requirements, in 1997)

Composite or clay liner meeting required thicknepercentage, and hydraulic conductivity specificaticonstructed after July 30, 1997). 
TABLE A.7 (Cont.) 

Liner Requirements for Landfills 

State EPA 1988 EPA 1999b 2005 Data 

Ohio Exempt NC Nontoxice fly ash and bottom ash monofill: No lin

Class I residual waste: Geomembrane plus 5 ft so

cm/s permeability. Class II residual waste: Geomembrane plus 3 ft so

cm/s permeability. Class III residual waste: >3 ft soil having hydraulic conductivity of 1 × 10

geomembrane plus 18 in. of soil having < 10-7 cm

Class IV residual waste: >3 ft soil having hydraulic conductivity of 1 × 10

geomembrane plus 18 in. of soil having < 10-7 cm

Pennsylvania No Class I: composite liner + clay or 

synthetic liner Class II: composite liner Class III: 4 ft of attenuating soil 

Class I: Secondary liner (clay or synthetic) + primClass II: Composite liner. Class III: > 4 ft of attenuating soil above seasonal groundwater table and > 8 ft of vertical separation groundwater table, OR Poz-O-Tec material can be substituted as liner maII, and III landfills. 

Texas May NC No liner specifications in regulations. 

TCEQ guidance for landfills receiving Class 1 anrecommends composite liner (compacted clay imbeneath a synthetic membrane liner). (Note: Accoguidance, monofills receiving only bottom ash, flresidues have been found to not require a membralandfills.) 
TABLE A.7 (Cont.) 

Liner Requirements for Landfills 

State EPA 1988 EPA 1999b 2005 Data 

Virginia No Yes > 1 ft compacted soil with permeability < 1 × 10-

with >1 ft drainage layer with permeability > 1 × 

Either > 30-mil synthetic flexible membrane or > density polyethylene (HDPE) having proven comwaste and its leachate, OR Other augmented soil or natural soil meeting specequivalent to compacted soil liner. 

Wisconsin Mayd Yes Composite having lower layer of > 4 ft compacte

× 10-7 cm/s permeability, overlain by > 60-mil ge

overlain by > 1 ft to 3 ft of soil, OR > 5 ft compacted clay having permeability < 1 × 

a No = The source report indicates that State regulations do not impose liner requirements. b NC = Not covered in the source report. c Yes = The source report indicates that State regulations impose liner requirements. d May = The source report indicates that the State regulations provide for a case-by-case decision on the need for liner require Wastes are considered “nontoxic” in Ohio if leachate obtained by using the TCLP or modified TCLP contains (1) concentr

barium, cadmium, chromium, lead, and/or mercury that are less than 30 times the limits established by the EPA for these mwater and/or (2) a concentration of selenium of 1 mg/L or less, which the Ohio Environmental Protection Agency has estab“nontoxic” criterion for selenium. 
A-38 

wastes from a single industry are eligible for variances from the requirements to install liners, 

leachate-collection systems, and groundwater and surface water monitoring systems, if it can be 

demonstrated in the permit application that the waste to be disposed of would not cause 

groundwater or surface water contamination. In the absence of a variance, disposal facilities 

accepting wastes from more than one industrial source, unless the facility is a monofill, must 

meet all standards applicable to municipal solid waste landfills (GDNR Rule 391-3-4.07(4)). 

 The design standards for industrial waste landfills in Georgia do not apply to surface 

impoundments. However, a surface impoundment that receives industrial wastes such as CCWs 

must have an NPDES permit if it will discharge any pollutant from a point source into waters of 

the State, including both surface waters and subsurface waters (GDNR Rule 391-3-6-.06 (3)(a)). 

If there will be a nonpoint-source discharge, a surface impoundment that receives industrial 

wastes such as CCWs must have written approval for the discharge, either in the NPDES permit, 

if there is also a point-source discharge, or in a letter. In either case, liner requirements may be 

established, as necessary, on a case-specific basis to protect subsurface waters (GDNR Rule 391-

3-6(14)). 

TABLE A.8 Georgia Maximum Aquifer 

Contamination Levels 

Chemical 

Maximum 

Contaminant 

Level (mg/L) 

 

Arsenic 0.05 

Barium 1.0 

Benzene 0.005 

Cadmium 0.01 

Carbon tetrachloride 0.005 

Chromium (hexavalent) 0.05 

2,4-Dichlorophenoxy acetic acid 0.1 

1,4-Dichlorobenzene 0.075 

1,2-Dichloroethane 0.005 

1,1-Dichloroethylene 0.007 

Endrin 0.0002 

Fluoride 4 

Lindane 0.004 

Lead 0.05 

Mercury 0.002 

Methoxychlor 0.1 

Nitrate 10 

Selenium 0.01 

Silver 0.05 

Toxaphene 0.005 

1,1,1-Trichloromethane 0.2 

Trichloroethylene 0.005 

2,4,5-Trichlorophenoxy acetic acid 0.01 

Vinyl chloride 0.002 
A-39 

Illinois—In Illinois, landfills receiving CCWs for disposal must be designed, 

constructed, and operated in compliance with the same requirements as those that are applicable 

to other solid waste landfills (Ill. Adm. Code 816.500(a)). Such units must be equipped with an 

integrated leachate drainage, leachate collection, and compacted earth liner system. 

Alternatively, a composite liner meeting defined specifications could be used, or a demonstration 

of equivalency for another liner configuration could be made. The required liner specifications 

are summarized in Table A.9 for solid waste landfills in Illinois. As the table mentions, if a 

landfill receives solely CCWs produced by coal-fired electricity-generating plants (i.e., it is a 

monofill), a Poz-O-Tec liner made from FGD sludge and coal combustion ash may be 

substituted, provided that certain specifications are met (Ill. Adm. Code 816.510). 

The design standards for solid waste landfills in Illinois do not apply to surface 

impoundments (35 Ill. Adm. Code 810.103). However, a solid waste surface impoundment that 

receives CCWs must have either an NPDES permit or a construction/operating permit. In either 

case, liner requirements may be established in the permit, as necessary, on a case-specific basis, 

to protect groundwater. The Illinois Environmental Protection Act (IEPA) prohibits any person 

from releasing contaminants to groundwater such that (1) a groundwater quality standard would 

be exceeded, (2) an existing or potential use would be precluded, or (3) treatment or additional 

treatment would be needed to continue an existing groundwater use or assure a potential future 

use (35 Ill. Adm. Code 620.301). 

 Indiana—As explained in the discussions of permitting requirements and how CCWs are 

designated for regulatory purposes, CCWs may be disposed of in either restricted waste sites or 

nonmunicipal solid waste landfills in Indiana. Type I restricted waste sites have the most 

stringent design requirements, and Type IV have the least stringent. Among other things, 

TABLE A.9 Illinois Landfill Liner Requirements 

Special (Non-RCRA) waste landfills: A leachate drainage and collection system and a compacted earth liner 

designed as an integrated system is required, as follows: 

• Earth liner: 

− Permeability < 1 × 10-7 cm/s 

− Thickness > 5 ft, OR 

• Composite liner consisting of: 

− Earth liner with a permeability < 1 × 10-7 cm/s and thickness > 3 ft; overlain by 

− Geomembrane liner with a thickness > 60 mil; OR 

• Other liner configurations, if: 

− They provide equivalent or superior performance; 

− They have been used successfully in at least one similar operation; and 

− Quality assurance can be implemented. 

CCW monofills: Poz-O-Tec liners and caps made from CCWs are allowed to replace liner requirements for other 

solid waste landfills if the Poz-O-Tec: 

• Is produced and tested according to specifications provided in the regulations, 

• Has a permeability < 1 × 10-7 cm/s, 

• Has a thickness > 3 ft, and 

• Has a compressive strength of > 150 lb/in.2 or psi. 
A-40 

restricted waste site Types I, II, and III, as well as nonmunicipal solid waste landfills, are 

required to create barriers between the waste and groundwater. The barriers must consist of soil 

(undisturbed, constructed, or a combination) with an equivalent hydraulic conductivity of less 

than or equal to 1 × 10-6 cm/s. Indiana regulations also specify minimum thicknesses for such 

soil barriers in Type I, II, and III restricted waste sites and in nonmunicipal solid waste landfills, 

as indicated in Table A.10. There are no liner requirements for Type IV restricted waste sites. 

Solid waste regulations do not apply to disposal of coal ash transported by water into an 

ash pond that has received a water pollution control facility construction permit in Indiana 

(329 IAC 10-3-1). As necessary, however, liner requirements may be specified for a coal ash 

pond on a case-specific basis in the construction permit or in an NPDES and/or operating permit. 

A surface impoundment containing CCWs other than coal ash, such as FGD sludge, would also 

be subject to case-specific liner requirements specified in a water pollution control facility permit 

or an NPDES permit. When evaluating an application for a surface impoundment construction 

permit, an NPDES permit, or an operating permit, the Indiana Department of Environmental 

Management (IDEM) has the authority to ensure that facility equipment, practices, and activities 

are designed and managed to eliminate or minimize, to the extent feasible, potential adverse 

impacts to existing groundwater quality by applying controls such as liner requirements 

(327 IAC 2-11-2). 

Missouri—CCWs are designated in the MoDNR solid waste regulations as “utility 

waste” (10 CSR 80-2.010(111)). A separate set of regulations that apply to the design and 

operation of utility waste landfills has been adopted by MoDNR (10 CSR 80-11.010). Utility 

waste landfills constructed after the effective date of the regulations (July 30, 1997) are required 

to install a composite liner or a clay liner. In both cases, the regulations specify the minimum 

thickness, compaction percentage, and hydraulic conductivity for clay in the liner. Minimum 

specifications are also provided for the synthetic geomembrane barrier if a composite liner is to 

be used. If the owner chooses the single compacted clay liner option, a demonstration justifying 

omission of the geomembrane based on site-specific conditions and waste characteristics must be 

provided (10 CSR 80-11.010(9)). 

TABLE A.10 Indiana Landfill Liner Requirements

Type I, II, or III restricted waste sites: Earth liner having an equivalent hydraulic conductivity of 

1 × 10-6 cm/s and a minimum thickness as follows: 

• Type I: 15 ft, or 10 ft with a demonstration that the equivalent hydraulic conductivity of the waste through the 

barrier will be less than 1 × 10-6 cm/s. 

• Type II: Ranging from 5 ft to 10 ft depending on waste permeability. 

• Type III: 3 ft. 

Type IV restricted waste sites: No liner required. 

Nonmunicipal solid waste landfills: 

• Leachate-collection system coupled with Earth liner > 10 ft having hydraulic conductivity of 1 × 10-6 cm/s, 

OR

• Earth liner > 50 ft having hydraulic conductivity of 1 × 10-6 cm/s. 
A-41 

The design standards for utility waste landfills in Missouri do not apply to surface 

impoundments. A surface impoundment that receives CCWs is subject to the regulations in 

Missouri that establish design guides for wastewater treatment ponds (10 CSR 20-8.200). Such 

regulations require that wastewater treatment ponds be sealed with soil or synthetic liners that 

can be satisfactorily demonstrated to achieve an adequate seal. Thickness, compaction, and 

permeability are specified for soil liners. Synthetic liners are required to have a seepage loss 

equivalent to that specified for soil liners (10 CSR 20-8.200(6)). 

Ohio—Table A.11 summarizes the landfill liner requirements for Ohio. 

Pennsylvania—A residual waste landfill is a facility for the disposal of residual waste. 

The term does not include a residual waste disposal impoundment or a facility for the land 

application of residual waste. The regulations distinguish three types of residual waste landfills, 

all of which must be permitted. Class I residual waste landfills involve the disposal of residual 

wastes that have the greatest potential for adversely affecting groundwater and the greatest 

potential for impacts on public health and safety and the environment. Class II residual waste 

landfills involve the disposal of residual waste having an intermediate degree of potential for 

adversely affecting groundwater and an intermediate degree of potential for impacts on public 

health and safety and the environment. Class III residual waste landfills involve the disposal of 

residual wastes having the least potential for adversely affecting groundwater and the least 

potential for having impacts on public health and safety and the environment (25 Pa. Code 

288.1(b)). Hence, as is indicated in Table A.12, the regulations establish the most stringent liner 

requirements for Class I residual waste landfills and progressively less stringent requirements for 

Class II and Class III residual waste landfills. 

TABLE A.11 Ohio Landfill Liner Requirements 

“Nontoxic” fly ash and bottom ash monofill: 

No liner required. 

Class IV residual waste landfill: 

• Soil liner > 3 ft having hydraulic conductivity of 1 × 10-7 cm/s, OR 

• Geomembrane plus 18 in. of soil having hydraulic conductivity of 1 × 10-7 cm/s AND

• Leachate-management system. 

Class III residual waste landfill: 

• Soil liner > 3 ft having hydraulic conductivity of 1 × 10-7 cm/s, OR 

• Geomembrane plus 18 in. of soil having hydraulic conductivity of 1 × 10-7 cm/s, AND

• Leachate-management system. 

Class II residual waste landfill: 

• Geomembrane plus 3 ft of soil having hydraulic conductivity of 1 × 10-7 cm/s, AND 

• Leachate-management system. 

Class I residual waste landfill: 

• Geomembrane plus 5 ft of soil having hydraulic conductivity of 1 × 10-7 cm/s, AND 

• Leachate-management system. 
A-42 

Similarly, the Pennsylvania regulations establish two types of residual waste disposal 

impoundments. Class I residual waste disposal impoundments involve the disposal of residual 

wastes that have the greatest potential for adversely affecting groundwater and the greatest 

potential for having impacts on public health and safety and the environment. Class II residual 

waste disposal impoundments involve the disposal of residual wastes that have an intermediate 

degree of potential for adversely affecting groundwater and an intermediate degree of potential 

for having impacts on public health and safety, and the environment (25 Pa. Code 289.1(b)). The 

regulations establish the most stringent liner requirements for Class I residual waste disposal 

impoundments and less stringent requirements for Class II residual waste disposal 

impoundments. 

 Texas—Texas has no specific regulations for the use of liners in landfills or surface 

impoundments. However, there are general prohibitions in the Texas regulations on (1) causing 

the discharge or imminent threat of discharge of industrial solid waste into or adjacent to waters 

of the State without authorization, (2) creating and maintaining a nuisance, and (3) endangering 

the public health and welfare. To foster compliance, the TCEQ has developed guidance 

documents, Technical Guideline Nos. 3 and 4, which outline methods for the use of liner systems 

designed to aid in the prevention of the prohibited conditions at landfills and surface 

impoundments (TCEQ 2004a and 2004b). 

TABLE A.12 Pennsylvania Landfill Liner Requirements 

Class I residual waste landfill:

• Subbase prepared of soil or earthen materials, 

• Secondary liner placed on the subbase, 

• Leachate-detection zone placed on the secondary liner, 

• Primary liner placed on the leachate detection-zone, and 

• Protective cover and leachate-collection zone placed over the primary liner. 

Either the primary liner or the secondary liner must be a composite liner, which is a continuous layer of synthetic 

material over earthen materials. The other liner must be composed of synthetic materials. 

Class II residual waste landfill: 

• Subbase prepared of soil or earthen materials, 

• Leachate-detection zone placed on the subbase, 

• Composite liner of synthetic material over earthen materials placed on the leachate-detection zone, and 

• Protective cover and leachate-collection zone placed over the liner. 

Class III residual waste landfill: 

• Attenuating soil must exist naturally or have been placed over the entire disposal area, 

• The seasonal high water table, perched water table, or bedrock must be separated from the lowest area where 

waste is deposited by at least 4 ft, and 

• The regional groundwater table must be separated from the lowest area where waste is deposited by at least 

8 ft. 
A-43 

 According to Technical Guideline No. 3, Landfills, at landfills receiving Class 1 and 

Class 2 wastes, the TCEQ recommends the use of a composite liner composed of compacted clay 

immediately beneath a synthetic membrane liner (high-density polyethylene, polyvinyl chloride, 

chlorinated polyethylene, butyl rubbers, etc.). However, a monofill that contains only certain 

specific, consistent, well-characterized wastes that have been found to have low migration 

potential in a landfill normally would not require a membrane in the liner. “The wastes that have 

been found to be suitable for placement in clay-lined monofills are asbestos, coal bottom ash, 

coal fly ash, coal FGD residue, and stabilized steel mill scale” (TCEQ 2004a). TCEQ 

recommends that high-density polyethylene (HDPE), if used as a liner material, should be at 

least 60 mil thick. 

 Technical Guideline No. 4, Nonhazardous Industrial Solid Waste Surface Impoundments, 

advises that waste characteristics are the primary consideration when choosing a surface 

impoundment liner. Other considerations are the physical aspects of the site, including geology, 

hydrology, and climate. TCEQ (2004b) suggests that these considerations be used in choosing 

among the following liner system types (minimum recommended thicknesses are provided in 

parentheses): 

• Geomembrane (polyethylene 60 mil, other types 30 mil) and underlying leak 

detection system; or 

• Compacted clay (2 ft); or 

• Equivalent in-situ clay; or 

• Geosynthetic clay liner overlain by protective soil (1 ft). 

Virginia—In Virginia, an industrial solid waste landfill is required to have a liner system 

consisting of a primary liner made from compacted soil, synthetic materials, other materials, or 

in-place soil, provided that specified criteria are met. Regulations establish design and 

installation standards for double liners when they are either required or used in lieu of 

groundwater monitoring (9 VAC 20-80-300.B.14). 

Virginia regulations contain no liner requirements for surface impoundments. However, 

the Virginia State Water Control Board has established groundwater standards 

(9 VAC 25-280-10 et seq.), and the Virginia Department of Environmental Quality (VDEQ) has 

authority under State water control law to incorporate special conditions in water permits 

(e.g., VPDES permits and Virginia pollution abatement permits), as necessary, on a case-specific 

basis, to ensure that activities at the permitted facility will not result in violations of those 

standards. VDEQ permit writers are instructed to consider whether a water permit for an 

industrial facility that operates a wastewater treatment lagoon should contain a special condition 

requiring the permittee to demonstrate that the permeability of the lagoon does not exceed 

10-6 cm/s (VDEQ 2004). 

Wisconsin—Primarily on the basis of the landfill performance and design experience it 

had gained during the 1980s, Wisconsin established a revised set of solid waste rules 
A-44 

(WAC NR 500–520) in 1988. The 1988 rules required all landfills to be designed with a 5-ft–

thick clay liner and a leachate-collection system. 

Wisconsin has established minimum design and construction criteria for landfill liners 

and leachate-collection systems. 

Wisconsin requires that any surface impoundments that are not required to have solid 

waste operating licenses must be sealed to prevent water losses that exceed 500 gal per acre per 

day (WAC NR 213.10(2)). Natural soil materials, soil-bentonite mixtures, or synthetic liners may 

be used for sealing. The bottom of each impoundment must be compacted to a depth of 6 in., and 

an additional inorganic layer to protect the liner may be required. The permeability of a soil or 

soil-bentonite liner must not exceed 1 × 10-7 cm/s. Specific requirements for soil, soil-bentonite, 

and synthetic liners are identified in the regulations. Synthetic liners must be at least 30 mil 

thick. All liners must be compatible with the contents of the impoundment. 

A.5 GROUNDWATER MONITORING-REQUIREMENTS IN SELECTED STATES 

A.5.1 Summary 

Groundwater monitoring is used to assess the performance of a CCW land disposal 

facility design in preventing contaminants from being released to groundwater. When 

groundwater monitoring is required, specifications typically include the location(s) of the 

point(s) of compliance; number, spacing, and design of wells; constituents for which testing is 

required; and sampling frequency. Table A.13 summarizes the groundwater-monitoring 

requirements for landfills and surface impoundments in Alabama, Florida, Georgia, Illinois, 

Indiana, Missouri, Ohio, Pennsylvania, Texas, Virginia, and Wisconsin. Additional details are 

provided in Section A.5.3. 

A.5.2 Chronological Comparison of Groundwater-Monitoring Regulations for Landfills 

Table A.14 compares the findings on groundwater-monitoring requirements for landfills 

that receive CCWs in the five pilot States and six supplemental States described in this report 

(“2005 Data”) with the groundwater-monitoring requirements for CCW landfills reported in EPA 

1988 and EPA 1999b. 

A.5.3 State-Specific Discussion of Groundwater-Monitoring Requirements 

 Alabama—Because CCWs are expressly excluded from the definition of solid waste in 

Alabama, landfills that receive only CCWs are not subject to the Alabama solid waste 

regulations. Therefore, CCW monofills are not required to have groundwater monitoring in 

Alabama. However, if CCWs are disposed of in a landfill that receives other types of solid waste, 
TABLE A.13 Summary of Groundwater-Monitoring Requirements for CCW Management Units in Selected Sta

Groundwater-Monitoring Requirements 

Statea Landfills Surface Impou

Alabama CCW monofills: No applicable groundwater-monitoring requirements. 

Co-disposal with other wastes in a municipal waste landfill: • At least enough wells at locations and depths to yield groundwater samples 

from the first saturated zone that are representative of both background and 

down-gradient water quality 

Co-disposal with other wastes in an industrial waste landfill: Groundwatermonitoring requirements are specified by the ADEM on a case-specific. 

Established, as necessary, on in NPDES permit. 

Florida Established, as necessary, on a case-specific basis in either the solid waste 

Construction and Operating Permits, or in the PPSA certification if one substitutes for the solid waste permits. 

Established, as necessary, on in NPDES permit, groundwaor PPSA certification. 

Georgia • Samples must be collected semiannually and tested for metals and volatile 

organic compounds (metals may be replaced with indicators upon approval). 

• The point of compliance defined in the permit must not be more than 150 ft 

from the waste boundary. 

Established, as necessary, on in land disposal system perm

Illinois • Groundwater monitoring is required during the active life of the landfill and 

during the post-closure care period. 

• Upgradient monitoring is required to establish background concentration 

levels. 

• Monitoring intervals are to be no shorter than quarterly for 5 years, then 

semiannual. 

• Under certain circumstances, monitoring can be done annually, but it must 

return to a quarterly schedule at any well where a statistically significant 

increase is determined to have occurred in the concentration of any 

constituent. 

Established, as necessary, on in NPDES or construction/op
TABLE A.13 (Cont.) 

Groundwater-Monitoring Requirements 

Statea Landfills Surface Impou

Indiana Type I and II restricted waste sites and nonmunicipal solid waste landfills: 

• Groundwater monitoring is required during the active life of the landfill and 

during the post-closure care period. 

• At least one upgradient well and three downgradient wells must be installed. • Samples must be collected semiannually. Type III and IV restricted waste sites: 

• No groundwater monitoring is required. 

Established, as necessary, on a cwater pollution control permits. 

Missouri • Baseline groundwater quality data are required for at least 1 year. 

• Thereafter, detection monitoring must be established. • At least one upgradient well and three downgradient wells are required. 

• Samples must be collected at least semiannually for specified constituents. 

Established, as necessary, on a cwastewater treatment unit permi

Ohio • Class I, II, and III residual waste landfills: 

− Hydrologic site investigation is required. − Upgradient sampling is required quarterly for the first year to establish 

background levels. 

− Downgradient sampling is required semiannually for indicator parameters. − Downgradient sampling is required annually for water quality parameters 

(metals plus total organic carbon, total dissolved solids, chloride, sodium, and radionuclides). 

• Class IV residual waste landfills: 

− No groundwater monitoring is required unless leachate concentrations 

exceed background groundwater concentrations. 

− Requirements are same as above for Classes I, II, and III if leachate 

concentrations exceed background groundwater concentrations. 

• Nontoxic fly ash and bottom ash monofills: No groundwater monitoring is 

required. 

Established, as necessary, on a cwater pollution control permits. 
TABLE A.13 (Cont.) 

Groundwater-Monitoring Requirements 

Statea Landfills Surface Impou

Pennsylvania • At least one upgradient well and three downgradient wells located within 

200 ft of the disposal area are required. 

• Monitoring intervals must be no shorter than: 

− Quarterly for indicator parameters, − Annually for metals and volatile organic compounds. 

• At least one upgradient well 

wells located within 200 ft o

• Monitoring intervals no shor

− Quarterly for indicator p

− Annually for metals and 

compounds. 

Texas • No groundwater-monitoring requirements are specified in the regulations. 

• TCEQ Recommendation for landfills receiving Class 1 and Class 2 wastes: 

Groundwater-monitoring system following the recommendations in TCEQ Technical Guideline No. 6, Monitoring Systems (TCEQ 2004c) 

• Monofills receiving only bottom ash, fly ash, or FGD residues have been 

found to not require a membrane 

No groundwater-monitoring reqin the regulations. TCEQ Recommendation for surfreceiving Class 1 and Class 2 wdetermine the groundwater-flow wells, as determined on a case-sreleases from the unit. 

Virginia • Groundwater monitoring is required during the active life of the landfill and 

during the post-closure care period, unless a double liner having the following components is used: bottom (secondary) liner of clay or composite materials, leachate-collection system, primary liner of clay or composite materials, and 12-in. drainage layer covered by 6-in. protective layer. 

• At least one upgradient and three downgradient wells are required. 

Established, as necessary, on a cwater control permits. 

Wisconsin • Baseline groundwater quality must be established, unless a waiver is granted. 

• Sampling is required semiannually. • The number of monitoring points must be approved on a case-specific basis, 

taking into consideration waste type and facility design, and hydrogeologic and geologic setting. 

• The monitoring program must be adequate to determine upgradient and 

downgradient water quality, determine horizontal and vertical gradients, and detect impacts on groundwater quality. 

Established, as necessary, on a cwater control permits. 

a The pilot study covered this category of regulatory control for Illinois, Indiana, Pennsylvania, Virginia, and Wisconsin. Georgia, M

supplemental States. 
A-48 

TABLE A.14 Chronological Comparison of Groundwater-Monitoring Requirements for 

Landfills in Selected States 

Groundwater-Monitoring Requirements for Landfills 

State EPA 1988 EPA 1999b 2005 Data 

 

Alabama Yes NCb No, unless CCWs are co-disposed of with other 

industrial solid wastes 

 

Florida Yes NC Yes 

Georgia Noa NC Yes 

 

Illinois No NC Yes 

Indiana Mayd Type I: Yes 

Type II: Yes 

Type III: No 

Type IV: No 

Type I: Yes 

Type II: Yes 

Type III: No 

Type IV: No 

Nonmunicipal solid waste landfill: Yes 

 

Missouri No NC (Research for this report 

indicates that Missouri 

implemented standards for 

utility waste landfills, 

including groundwatermonitoring standards in 

1997.)

Yes 

 

Ohio Exempt NC Nontoxic monofills: No 

Class I: Yes 

Class II: Yes 

Class III: Yes 

Class IV: No, unless leachate concentrations 

exceed background levels 

 

Pennsylvania May Class I: Yes 

Class II: Yes 

Class III: Yes 

Class I: Yes 

Class II: Yes 

Class III: Yes 

 

Texas May NC Recommended by TCEQ, but not required 

Virginia No Yes, unless double liner is 

used 

Yes, unless double liner is used 

 

Wisconsin Mayd Yesc Yes 

a No = The source report indicates that State regulations do not impose groundwater-monitoring requirements. 

b NC = Not covered in the source report. 

c Yes = The source report indicates that State regulations impose groundwater-monitoring requirements. 

d May = The source report indicates that the State regulations provide for a case-by-case decision on the need 

for groundwater-monitoring requirements. 
A-49 

such as a commercial industrial waste landfill or a municipal waste landfill, that landfill may be 

subject to groundwater-monitoring requirements, as indicated in ADEM Adm. Code 

R.335-13-4-.27. At a minimum, municipal waste landfills must have groundwater-monitoring 

systems that consist of a sufficient number of wells, installed at appropriate locations and depths, 

to yield groundwater samples from the first saturated zone that represent both background and 

downgradient groundwater quality. The wells must be constructed and sampled in accordance 

with specifications in the regulations. For industrial landfills, the ADEM determines 

groundwater-monitoring requirements on a case-specific basis (ADEM Adm. Code 

R.335-13-4-.27). 

Similarly, surface impoundments in Alabama that receive only CCWs are not subject to 

the Alabama solid waste regulations. However, if there are discharges of pollutants to waters of 

the State (including groundwater) from such surface impoundments, NPDES permits would be 

required. The ADEM has authority to include conditions in an NPDES permit, on a case-specific 

basis, requiring a surface impoundment to install structures, such as groundwater-monitoring 

wells, if necessary to prevent pollutant discharges to groundwater (ADEM Adm. Code R.335-

6-6-.08). 

Florida—Florida does not have solid waste regulations that govern groundwater 

monitoring at CCW landfills. However, under Florida water law, any facility that can reasonably 

be expected to be a source of water pollution affecting State waters (including groundwater) 

must have a permit [FAC R62-620.100(2)(b)]. Through this permitting process, Florida has 

authority to impose groundwater-monitoring requirements on a case-specific basis at any landfill 

or surface impoundment that receives CCWs. Any facility that discharges to groundwater under 

a permit is required to establish a groundwater-monitoring program (FAC R62-522.600) and 

submit a groundwater-monitoring plan to the Florida DEP. 

Georgia—In Georgia, owners or operators of industrial waste landfills must conduct 

groundwater monitoring. The groundwater-monitoring data must be evaluated by the owner or 

operator to determine if “established standards” have been exceeded. All exceedances of 

“established standards” must be promptly reported. The established standards for analytical 

constituents are the following: 

• The primary standards that are enforceable as maximum contaminant levels 

(MCLs) defined in the Georgia Safe Drinking Water Act of 1974, as amended 

in 1986 et seq., and the Rules for Safe Drinking Water, revised in July 1992. 

• The background level of the constituent when this level is higher than the 

MCL. 

• When there is no MCL for a constituent, the established standard will be 

derived from a statistical analysis. The number of samples needed to establish 

a statistical base must be consistent with appropriate statistical methods 

defined in the regulations. If a statistically significant increase (SSI) above 

background occurs, the established standard for the constituent has been 

exceeded. 
A-50 

Illinois—In Illinois landfills that receive CCWs, groundwater monitoring is required as 

soon as the waste is emplaced. The monitoring must continue during the active life of the unit 

and for a minimum period of 15 years after closure. Monitoring points must be positioned at 

appropriate upgradient locations to establish background concentrations and at enough 

downgradient locations to detect any discharge of contaminants chosen for monitoring. At least 

one downgradient well is required. All monitoring points must be sampled quarterly for 5 years, 

after which the monitoring frequency can be semiannual. Under certain circumstances, 

monitoring can be done annually, but it must return to a quarterly schedule at any well where a 

statistically significant increase is determined to have occurred in the concentration of any 

constituent (35 Ill. Adm. Code 811.318 and 319(a)(1)). 

The operator must monitor each well for constituents that provide a means for detecting 

groundwater contamination. A constituent must be chosen for monitoring if it is expected to 

appear in the leachate and the State has established a protection or quality standard for it in either 

public water supplies or groundwater, respectively. A baseline test and subsequent biannual tests 

for certain organic constituents are also required in each monitoring well (35 Ill. Adm. Code 

811.319(a)(2)). 

 

Groundwater quality at or beyond the zone of attenuation must be maintained with regard 

to all constituents. The applicable groundwater-quality standard established for any constituent 

must be the background concentration or the standard established as a State groundwater quality 

standard. If increases in contaminant concentrations are observed, additional samples may be 

required to confirm the observed increase and to identify the source of the increase. If the landfill 

is confirmed to be the source of the increase, an assessment of the potential impacts to 

groundwater outside the zone of attenuation is required to determine if remedial action is needed 

(35 Ill. Adm. Code 811.319). 

The groundwater monitoring requirements for solid waste landfills in Illinois do not 

apply to surface impoundments (35 Ill. Adm. Code 810.103). However, a surface impoundment 

that receives CCWs must have an NPDES permit or a construction/operating permit. In either 

case, groundwater-monitoring requirements may be established in the permit, as necessary, on a 

case-specific basis, to protect groundwater. The Illinois Environmental Protection Act prohibits 

any person from releasing contaminants to groundwater such that (1) a groundwater-quality 

standard would be exceeded, (2) an existing or potential use would be precluded, or (3) treatment 

or additional treatment would be needed to continue an existing groundwater use or assure a 

potential future use (35 Ill. Adm. Code 620.301). 

Indiana—In Indiana, restricted waste site Types I and II must conduct groundwater 

monitoring throughout the active life and the post-closure care period of the facilities. Type I and 

II restricted waste sites must have groundwater-monitoring systems consisting of a sufficient 

number of monitoring devices, installed at appropriate locations and depths, to yield groundwater 

samples that represent both background water quality and the quality of potentially affected 

groundwater that passes the monitoring boundary of the facility. A minimum of four 

groundwater-monitoring devices (one upgradient and three downgradient) must be installed. 

Type III and IV restricted waste sites are not required to conduct groundwater monitoring 

(329 IAC 10-29-10). 
A-51 

The Indiana regulations do not specify groundwater monitoring-requirements for surface 

impoundments. However, IDEM may specify water pollution control permit conditions as 

necessary to assure that any pollutants released or threatened to be released by the unit into the 

environment will not cause or contribute to violations of applicable water quality standards, or 

otherwise cause a significant adverse impact on the environment or public health 

(327 IAC 3-4-3). 

Missouri—In Missouri, utility waste landfills are required to implement groundwater 

monitoring capable of determining the impact of the landfill on the quality of the underlying 

groundwater (10 CSR 80-11.010(11)). Monitoring wells must be installed both hydraulically 

upgradient (at least one well) and hydraulically downgradient (at least three wells) from the 

utility waste landfill. The actual number, location, and depth of wells must be determined on the 

basis of site-specific information to ensure detection of any significant amounts of fluids that 

migrate from the landfill to groundwater. A groundwater sampling and analysis program must be 

submitted for State approval. Baseline monitoring to establish background groundwater quality is 

required for constituents of concern. For baseline monitoring, a minimum of four quarterly 

samples is required for at least one year. Thereafter, detection monitoring (i.e., routine 

monitoring) must be performed during May and November of each calendar year for specified 

constituents and for the water level in each well. The sampling data must be statistically 

evaluated. If a statistically significant change in the pH or increase in a constituent level occurs 

and is confirmed, the owner/operator of the landfill must submit a plan for assessment 

monitoring to better define the extent of groundwater contamination. During assessment 

monitoring, quarterly sampling is required. If one or more constituents exceed the groundwaterprotection standard, the owner/operator must submit a report to the State assessing potential 

corrective measures. 

A surface impoundment that receives CCWs for disposal in Missouri is subject to the 

regulations that establish design guides for wastewater treatment ponds (10 CSR 20-8.200). Such 

regulations do not require that every wastewater treatment pond have a groundwater-monitoring 

system. However, groundwater-monitoring requirements may be imposed on a case-specific 

basis in construction and operating permits for facilities with point source discharges to waters of 

the State or in no-discharge permits for facilities that do not discharge (10 CSR 20.8-200(8)(E); 

10 CSR 20-6.015 (4)(B)5). 

Ohio—Owners and operators of residual waste landfills in Ohio are required to 

implement and maintain groundwater-monitoring programs capable of determining the impact of 

their landfill facilities on the quality of the underlying groundwater. Class I, II, and III residual 

waste landfills are required to conduct a hydrologic site investigation, install monitoring wells, 

and conduct sampling as follows (OAC 3745-30-08): 

• Upgradient sampling quarterly for first year to establish background, 

• Downgradient sampling semiannually for indicator parameters, and 
A-52 

• Downgradient sampling annually for water quality parameters (metals plus 

total organic carbon, total dissolved solids, chloride, sodium, and 

radionuclides). 

No groundwater monitoring is required at Class IV residual waste landfills, unless 

leachate concentrations exceed background groundwater concentrations. If leachate 

concentrations exceed background levels, the same schedule of sampling as that described above 

for Class I, II, and III landfills must be implemented. 

No groundwater monitoring is required at nontoxic fly ash and bottom ash monofills. 

The Ohio regulations do not specify groundwater-monitoring requirements for surface 

impoundments. However, the OEPA may establish groundwater-monitoring requirements for 

surface impoundments on a case-specific basis in water pollution control permits. 

Pennsylvania—The Pennsylvania regulations require a groundwater-quality monitoring 

plan and a monitoring system located within 200 ft upgradient (at least one well) and 

downgradient (at least three wells) from the disposal area associated with either a residual waste 

landfill or disposal impoundment. The regulations provide for the following monitoring 

intervals: (1) quarterly for various indicators (ammonia-nitrogen, bicarbonate, calcium, chloride, 

fluoride, chemical oxygen demand, nitrate-nitrogen, pH, specific conductance, sulfate, total 

alkalinity, total organic carbon, total dissolved solids, turbidity, iron, manganese, magnesium, 

potassium, and sodium) and (2) annually for metals (arsenic, barium, cadmium, chromium, 

copper, lead, mercury, selenium, silver, and zinc) and volatile organic compounds 

(tetrachloroethene, trichloroethene, 1,1,1-trichloroethane, 1,2-dibromoethane, 1,1-

dichloroethene, 1,2-dichloroethene (cis and trans isomers), vinyl chloride, 1,1-dichloroethane, 

1,2-dichloroethane, methylene chloride, toluene, ethylbenzene, benzene, and xylene). Triggers 

are established for the need to prepare a groundwater assessment plan and an abatement plan. 

The Pennsylvania Department of Environmental Protection (PADEP) may approve alternative 

designs for well casings and alternative sampling and analysis requirements. However, PADEP 

is not allowed to grant variances from the minimum number of wells or to waive the 

groundwater-monitoring requirements altogether (25 Pa. Code 288.251-288.258 for landfills; 

25 Pa. Code 289.261-289.268 for disposal impoundments). 

Abatement standards at compliance points (at and beyond 150 m of the perimeter of the 

permitted residual waste disposal area or at and beyond the property boundary, whichever is 

closer) include: (1) statewide health standards, (2) background standards, or (3) risk-based 

standards calculated in accordance with all applicable regulatory requirements, if there are no 

primary MCLs under Federal and State law (25 Pa. Code 288.257(c) for landfills; 25 Pa. Code 

289.267(c) for disposal impoundments). 

Texas—Texas has no specific regulations for groundwater monitoring at landfills or 

surface impoundments. However, there are general prohibitions in the Texas regulations on: 

(1) causing the discharge or imminent threat of discharge of industrial solid waste into or 

adjacent to waters of the State without authorization, (2) creating and maintaining a nuisance, 

and (3) endangering the public health and welfare. To foster compliance, the TCEQ has 
A-53 

developed guidance documents, Technical Guideline Nos. 3 and 4, which recommend 

installation of groundwater-monitoring systems at landfills and surface impoundments (TCEQ 

2004a and 2004b). 

 According to Technical Guideline No. 3, Landfills, at landfills receiving Class 1 and 

Class 2 wastes, the TCEQ recommends installation of a groundwater monitoring-system 

designed as suggested in Technical Guideline No. 6, Ground-Water Monitoring (TCEQ 2004c), 

with monitoring 30 years after closure. 

 Technical Guideline No. 4, Nonhazardous Industrial Solid Waste Surface Impoundments, 

recommends groundwater monitoring at surface impoundments receiving Class 1 and Class 2 

wastes, unless it can be shown that there is no potential for migration of waste constituents to the 

uppermost water-bearing zone during the active life of the unit, including the closure period and 

the post-closure care period. This Technical Guideline further recommends installing a sufficient 

number of wells at appropriate locations and depths to yield groundwater samples, with a 

minimum of three wells to determine the groundwater-flow direction, as well as enough wells (as 

determined on a site-specific basis) to detect releases from the unit. Semiannual groundwater 

monitoring is recommended during the active life and post-closure period of the unit. 

Virginia—A groundwater-monitoring program is required at each industrial waste 

landfill in Virginia (9 VAC 20-80-300). At least one upgradient well and three downgradient 

wells are required, but the total number, spacing, and depths of monitoring wells are determined 

on the basis of site-specific technical information. The program must be capable of yielding 

groundwater samples from the uppermost aquifer that represent both background water quality 

and water quality at the waste management unit boundary. The downgradient monitoring system 

must be installed at the waste management unit boundary, unless a variance has been granted. 

A groundwater-monitoring plan must specify sampling and analytical methods as well as 

the statistical methods to be used in evaluating monitoring data for each parameter or constituent 

in each well. Phase I monitoring is to be conducted at least semiannually for indicator parameters 

(specific conductance, pH, total organic carbon, total organic halogens), unless and until a 

statistically significant increase (or decrease, for pH) occurs. Phase II monitoring is instituted 

within 90 days after a statistically significant change in any indicator parameter is detected. 

Phase II monitoring includes the semiannual analysis of parameters listed in Table 5.5 of 

VAC, Title 9, Section 20-80-300 and, if required, any detected constituents in Table 5.1. Phase II 

monitoring continues until a demonstration justifies reinstituting Phase I monitoring or until a 

corrective action monitoring program is implemented. 

Virginia regulations contain no requirements that surface impoundments implement 

groundwater monitoring. However, VDEQ has established groundwater standards (9 VAC 

25-280-10 et seq.) and has the authority under State water control law to incorporate special 

conditions in water permits (e.g., VPDES permits and Virginia pollution abatement permits), as 

necessary on a case-specific basis, to ensure that activities at the permitted facility will not result 

in violations of the standards. VDEQ permit writers are instructed to consider whether a water 
A-54 

permit for an industrial facility that operates a wastewater treatment lagoon should contain a 

special condition requiring a groundwater-monitoring plan (VDEQ 2004). 

Wisconsin—By the mid-to-late 1970s, groundwater-monitoring data from numerous 

unlined landfills in Wisconsin provided documentation that such “natural attenuation” sites were 

causing significant impacts on groundwater quality. As a result, many were required to close. In 

1984, the Wisconsin legislature passed a comprehensive groundwater law, which assigned the 

Wisconsin Department of Natural Resources (WDNR) responsibility for establishing a list of 

substances that either had been detected in groundwater or had a reasonable probability of 

entering groundwater. Since October 1, 1985, all new solid waste landfills in Wisconsin have 

been required to be designed to meet preventive action limits (PALs) for groundwater. The PALs 

are trigger levels for constituents that have been detected in groundwater or have a reasonable 

probability of entering groundwater. They are based on the threat that a particular contaminant 

poses to public health and the environment. The PALs are applicable at any location where 

groundwater is monitored, including directly beneath a landfill. To ensure compliance, 

Wisconsin requires periodic groundwater monitoring of industrial landfills. Prior to 1996, routine 

monitoring was required quarterly. In 1996, the requirements for landfill design features were 

upgraded, and the minimum frequency for monitoring at new landfills was reduced to 

semiannual. However, WDNR may approve other frequencies (more or less often) on the basis 

of site-specific considerations. The number and locations of monitoring points must be approved 

on a case-specific basis, taking into consideration the waste type and facility size, design, and 

hydrogeologic and geologic setting. Detection monitoring (i.e., routine monitoring) must be 

implemented, unless written approval is obtained for an alternative program. The regulations 

specify detection monitoring parameters for fly ash and/or bottom ash landfills. For other CCWs, 

such as FGD waste, detection monitoring parameters will be established on a case-specific basis 

in the operating license (WAC NR 507.06). The detection monitoring program must be adequate 

to determine upgradient and downgradient water quality, determine horizontal and vertical 

gradients, and detect impacts to groundwater quality. 

In Wisconsin, surface impoundments must be designed and operated to minimize the 

level of substances in groundwater and to prevent exceedances of the groundwater PALs, to the 

extent technically and economically feasible (WAC NR 213.08). Surface impoundments that are 

not required to have solid waste operating licenses may be required to conduct groundwater 

monitoring to provide long-term information on the effects of such impoundments on 

groundwater. When a groundwater-monitoring system is required, the parameters to be 

monitored and the monitoring frequency are to be established on a case-by-case basis. 

A.6 LEACHATE-COLLECTION SYSTEM REQUIREMENTS IN SELECTED STATES 

A.6.1 Summary 

Leachate-collection systems are frequently required in conjunction with liners to detect 

contaminants and prevent them from leaking out of CCW land disposal facilities into 
A-55 

groundwater. Table A.15 summarizes the leachate-collection system requirements for landfills 

and surface impoundments in Alabama, Florida, Georgia, Illinois, Indiana, Missouri, Ohio, 

Pennsylvania, Texas, Virginia, and Wisconsin. Additional details are provided in Section A.6.3. 

A.6.2 Chronological Comparison of Leachate-Collection System Requirements 

for Landfills in Selected States 

Table A.16 compares the findings on requirements for leachate-collection systems in 

landfills that receive CCWs in the five pilot States and six additional States (“2005 Data”) with 

the leachate-collection system requirements for CCW landfills reported in EPA 1988 and 

EPA 1999b. 

A.6.3 State-Specific Discussion of Leachate-Collection System Requirements 

Alabama—Because CCWs are expressly excluded from the definition of solid waste in 

Alabama, landfills that receive only CCWs are not subject to the Alabama solid waste 

regulations. Therefore, CCW monofills are not required to install leachate-collection systems in 

Alabama. However, if CCWs are disposed of in a landfill that receives other types of solid waste, 

such as a commercial industrial waste landfill or a municipal waste landfill, that landfill may be 

subject to leachate collection requirements, as indicated in ADEM Adm. Code R.335-13-4-.18. 

According to that regulatory section, a leachate-collection system is required in either landfill 

type, if the landfill is designed and constructed to maintain less than a 30 cm depth of leachate 

over the liner. 

 Similarly, surface impoundments in Alabama that receive only CCWs are not subject to 

the Alabama solid waste regulations. However, if there are discharges of pollutants to waters of 

the State (including groundwater) from surface impoundments, NPDES permits would be 

required. The ADEM has authority to include conditions in an NPDES permit on a case-specific 

basis requiring a surface impoundment to install structures, such as leachate-collection systems, 

if necessary to prevent pollutant discharges to groundwater (ADEM Adm. Code R.335-6-6-.08). 

Florida—Florida does not have solid waste regulations that specify leachate-control 

system requirements at CCW landfills. However, under Florida water law, any facility that can 

reasonably be expected to be a source of water pollution affecting State waters (including 

groundwater) must have a permit to construct, modify, and operate the facility 

[FAC 62-620.100(2)(b)]. Through this permitting process, the Florida DEP has authority to 

impose leachate-collection system requirements at any landfill that receives CCWs on a casespecific basis. 

Georgia—In Georgia, all industrial waste disposal facilities are required to have leachatecollection systems. If a permit application is filed indicating that a landfill would receive only a 

single type of industrial waste (i.e., it would be a monofill) or would receive only wastes from a 

single industry, the landfill would be eligible for variances from the requirements to install liners, 
TABLE A.15 Summary of Leachate-Collection System Requirements for CCW Management Units in Selected Stat

Leachate-Collection System Requirements 

State Landfills Surface Impound

Alabama CCW monofills: No applicable leachate-collection system requirements. 

Co-disposal with other wastes in a municipal waste landfill or industrial waste landfill:

A leachate-collection system is required that is designed and constructed to maintain less than a 30-cm depth of leachate over the liner.

Established, as necessary, on a case-sppermits. 

Florida No specific requirements, but may be established in a permit or PPSA certification, as 

appropriate. 

No specific requirements, but may be ePPSA certification, as appropriate. 

Georgia Industrial waste landfills: A leachate collection-system is required. 

Industrial waste monofills: A variance from the requirement to install a leachatecollection system is available to permit applicants who demonstrate that the waste to be 

disposed of would not cause groundwater or surface water contamination. 

Established, as necessary, on a case-sppermits. 

Illinois A leachate drainage layer at least 1 ft thick is required in conjunction with a leachatecollection system and a leachate-management system consisting of any combination of 

storage, treatment, pretreatment, and disposal options that meet specified requirements. 

Established, as necessary, on a case-spconstruction/operating permits. 

Indiana Type I, II and III restricted waste sites: 

No leachate-collection system is required, but one may be used on a case-specific basis 

to reduce liner thickness. Type IV restricted waste sites: No leachate-collection system is required. 

Nonmunicipal solid waste landfill: • A leachate drainage layer at least 1 ft thick with a hydraulic conductivity of 

>1 × 10-3 cm/s is required. 

• The upper 3 ft of material beneath the drainage layer must have an equivalent 

hydraulic conductivity of <1 × 10-7 cm/s. 

• It must be designed to limit the leachate level above the landfill base to 1 ft or less 

after the final cover has been placed. 

Established, as necessary, on a case-spcontrol permits. 

Missouri Utility waste landfills: Leachate-collection systems are required, unless the owner or 

operator can demonstrate that a leachate collection-system is not needed • The leachate-collection system must be designed to maintain less than 1 ft of 

leachate head on the liner. 

• Material thickness, hydraulic conductivity, and particle size are determined on a 

case-specific basis. 

Not required for wastewater treatment 
TABLE A.15 (Cont.) 

Leachate-Collection System Requirements 

State Landfills Surface Impound

Ohio • Design and construction specifications for leachate-management systems are 

provided. 

• Among other things, the leachate-management system must be designed to do the 

following: − Limit the level of leachate over the liner to a maximum of 1 ft, − Contain granular material used as a drainage medium that has permeability of 

no less than 1× 10-3 cm/s, 

− Function without clogging, and 

− Be chemically resistant to attack by the residual waste, leachate, or any other 

material it may contact.

Established, as necessary, on a case-spinstall or NPDES permits. 

Pennsylvania • Performance and design standards for leachate-detection zones in Class I and II 

residual waste landfills are specified. 

• Among other things, leachate-detection zones must: 

− Be at least 12 in. thick, − Contain no particles that exceed 0.5 in., − Have a flow zone with a hydraulic conductivity of >1 × 10-2 cm/s, − Function without clogging, − Withstand chemical attack from waste and leachate, and − Be monitored weekly. 

• The permit may specify alternative performance and design standards for the 

leachate system in Class I and II residual waste landfills. 

− Class I and II residual waste landfills must be equipped with a leachatecollection system meeting specified design and performance standards. The 

leachate-collection system must, among other things, ensure that the depth of leachate on or above the primary liner does not exceed 1 ft. 

• Performance and design standards 

in Class I and II residual waste dispspecified. 

• Among other things, leachate detec

− Be at least 12 in. thick, − Contain no particles that excee− Have a flow zone with a hydra

>1 × 10-2 cm/s, 

− Function without clogging, − Withstand chemical attack from − Be monitored weekly. 

• A permit may specify alternative p

standards for the leachate system in waste disposal impoundments. 

• Class I and II residual waste dispos

equipped with a leachate-collection design and performance standards. 

Texas • Recommended by TCEQ, but not required by the regulations. Not required by the regulations, but lea

by TCEQ. 
TABLE A.15 (Cont.) 

Leachate-Collection System Requirements 

State Landfills Surface Impound

Virginia • A leachate-collection system consisting of a drainage layer >1 ft thick with a 

hydraulic conductivity of >1 × 10-3 cm/s is required. 

• The leachate system must prevent the accumulation of more than a 1-ft head over the 

liner. 

• The leachate-storage impoundments must be lined with a synthetic component that 

provides protection at least equal to that of the landfill cell liner. 

Established, as necessary, on a case-spcontrol permits. 

Wisconsin • The leachate system shall prevent the accumulation of more than a 1-ft head over the 

liner. 

For fly ash or bottom ash landfills—alternative design: 

• Feasibility report required demonstrating that the landfill design meets or exceeds 

otherwise applicable location and performance standards. 

Established, as necessary, on a case-spcontrol permits. 
A-59 

TABLE A.16 Chronological Comparison of Leachate-Collection System Requirements for 

Landfills in Selected States 

Leachate-Collection System Requirements for Landfills 

State EPA 1988 EPA 1999b 2005 Data

 

Alabama No NC No, unless CCWs are co-disposed of 

with other industrial solid wastes. 

Florida Yes NC No specific requirements, but may be 

established in a permit or PPSA 

certification, as appropriate. 

 

Georgia No NC Yes, unless the landfill is a monofill 

and a demonstration has been made 

that the waste to be disposed of would 

not cause groundwater or surface water 

contamination. 

 

Illinois Noa NCb Yes 

 

Indiana No No, but may be used on casespecific basis to relax liner 

thickness 

Types I, II, and III: No, but may be 

used on a case-specific basis to relax 

liner thickness. 

Type IV: No 

Nonmunicipal solid waste landfill: Yes 

 

Missouri May NC Utility waste landfill: Yes 

Ohio Not applicable NC Residual waste landfill: Yes 

Pennsylvania No Class I: Yes 

Class II: Yes 

Class III: No 

Class I: Yes 

Class II: Yes 

Class III: No 

 

Texas No NC Recommended by TCEQ, but not 

required. 

Virginia No Yes Yes 

Wisconsin May Yes Yes 

a No = The source report indicates that State regulations do not impose leachate system requirements. 

b NC = Not covered in the source report. 

c Yes = The source report indicates that State regulations impose leachate system requirements. 

d May = The source report indicates that the State regulations provide for a case-by-case decision on the need 

for leachate system requirements. 
A-60 

leachate-collection systems, and groundwater and surface water monitoring systems, provided 

the permit application demonstrates that the waste to be disposed of would not cause 

groundwater or surface water contamination. In the absence of a variance, industrial waste 

disposal facilities must demonstrate that their designs ensure that the concentrations in the 

uppermost aquifer at the relevant point of compliance do not exceed those listed in Table A.8 for 

the specified chemicals. Disposal facilities accepting wastes from more than one industrial 

source, unless the facility is a monofill, must meet all standards applicable to municipal solid 

waste landfills (GDNR Rule 391-3-4.07(4)). 

 The design standards for industrial waste landfills in Georgia do not apply to surface 

impoundments. However, best management practices are to be incorporated into NPDES permits 

and nonpoint-source discharge approval letters (GA Rule 391-3-6-.06(3)). 

Illinois—Landfills that receive CCWs in Illinois must have leachate drainage, collection, 

and management systems designed and built to function for the operational life of the landfills. 

The drainage layer must cover the entire liner and maintain the leachate head above the liner 

below 1 ft. The leachate layer must be at least 1-ft thick and have a hydraulic conductivity of 

1 × 10-3 cm/s (35 Ill. Adm. Code 811.307). Collection pipes must be designed for open-channel 

flow to convey leachate. Materials used in the system must be chemically resistant to the 

leachate expected to be produced. Collection pipes must be constructed within a coarse gravel 

envelope by the use of a graded filter or geotextile, as necessary, to minimize clogging (35 Ill. 

Adm. Code 811.308). A leachate-management system consisting of any combination of multiple 

treatment and storage structures must be designed and constructed as specified in the regulations 

(35 Ill. Adm. Code 811.309). 

The leachate-collection system design standards for solid waste landfills in Illinois do not 

apply to surface impoundments (35 Ill. Adm. Code 810.103). However, a surface impoundment 

that receives CCWs in Illinois must have an NPDES permit or a construction/operating permit. 

In either case, leachate collection system requirements may be established in the permit, as 

necessary on a case-specific basis, to protect groundwater. The Illinois Environmental Protection 

Act prohibits any person from releasing contaminants to groundwater such that: (1) a 

groundwater-quality standard would be exceeded, (2) an existing or potential use would be 

precluded, or (3) treatment or additional treatment would be needed to continue an existing 

groundwater use or assure a potential future use (35 Ill. Adm. Code 620.301). 

Indiana—Indiana regulations do not specify requirements for leachate-collection systems 

in landfills for any type of restricted waste site. However, if the owner/operator of such a landfill 

decides to include a leachate-collection system in the design of a Type I, II, or III restricted 

waste site, the design may be used to justify decreasing the otherwise required thickness of the 

soil liner (329 IAC 10-26-1(b)). 

 The Indiana regulations do not specify leachate-collection system requirements for 

surface impoundments. However, the IDEM may specify water pollution treatment/control 

permit conditions, as necessary, to assure that any pollutants released or threatened to be released 

by the unit into the environment will not cause or contribute to violations of applicable water 
A-61 

quality standards, or otherwise cause a significant adverse impact on the environment or the 

public health (327 IAC 3-4-3). 

Missouri—Missouri regulations require that utility waste landfills install leachatecollection systems unless it has been demonstrated based on waste and site characteristics at a 

particular landfill that leachate collection is not needed (10 CSR 80-11.010(4)(B)8). Each 

leachate-collection system must be capable of maintaining less than 1 ft of leachate head on the 

liner. Construction materials must be chemically compatible with the leachate and possess 

sufficient strength to prevent collapse under the pressures anticipated. Leachate must flow by 

gravity to collection points. Material thickness, hydraulic conductivity, and particle size are 

determined on a case-specific basis 

 The design standards for utility waste landfills in Missouri do not apply to surface 

impoundments. A surface impoundment that receives CCWs is subject to the regulations in 

Missouri that establish design guides for wastewater treatment ponds (10 CSR 20-8.200). 

Leachate-collection systems are not specified for such ponds. 

Ohio—Ohio regulations require installation of a leachate-collection system in new 

residual waste landfills (Classes I, II, III, and IV) and lateral expansion areas (OAC 3745-30-

06(C) and -07(C)(3)). The leachate collection system must be designed to limit the level of 

leachate above the liner to 1 ft. Any granular material used as a drainage medium must have 

permeability of no less than 1 × 10-3 cm/s (OAC 3745-30-07(C)(3)). No leachate collection 

system is required in a monofill that receives only fly ash, bottom ash, or foundry sand 

determined by the State to be “nontoxic” (OAC 3745-30-02(F)). 

Ohio regulations do not specify leachate system requirements for surface impoundments 

receiving industrial wastes, and the solid waste regulations applicable to residual waste landfills 

do not apply to such impoundments (OAC 3745-27-03(A)(8)). However, the OEPA has authority 

to specify liner and leachate system requirements on a case-specific basis in permits to install 

issued for surface impoundments. To obtain a permit to install, the applicant must demonstrate 

that the surface impoundment design will: (1) not prevent or interfere with the attainment or 

maintenance of applicable water quality standards; (2) not result in a violation of any applicable 

laws; and (3) employ the best available technology (OAC 3745-42-03 and -04). 

Pennsylvania—Pennsylvania regulations require leachate detection zones in the disposal 

areas of Class I and Class II residual waste landfills (25 Pa. Code 288.435 and 288.534) and 

Class I and Class II residual waste disposal impoundments (25 Pa. Code 289.435 and 289.534). 

Weekly monitoring is required in the leachate-detection zones. In addition, Class I and II residual 

waste landfills and disposal impoundments must have leachate collection systems within their 

final protective covers (25 Pa. Code 288.438, 288.537, 289.438, and 289.537). However, in the 

case of impoundments, the PADEP may authorize a delay in activating the leachate-collection 

system in the cover until the unit is closed. Class III residual waste landfills are not required to 

have either leachate-detection zones or leachate-collection systems in their covers. 

Texas—Texas has no specific regulations for leachate-collection systems in landfills or 

surface impoundments. However, there are general prohibitions in the Texas regulations on 
A-62 

(1) causing the discharge or imminent threat of discharge of industrial solid waste into or 

adjacent to waters of the State without authorization, (2) creating and maintaining a nuisance, 

and (3) endangering the public health and welfare. To foster compliance, the TCEQ has 

developed guidance documents, Technical Guideline Nos. 3 and 4, which recommend 

installation of leachate-collection systems at landfills and leak detection systems at surface 

impoundments (TCEQ 2004a and 2004b). 

 According to Technical Guideline No. 3, Landfills, TCEQ recommends that leachatecollection systems be installed over the membrane liners of landfills receiving Class 1 and 

Class 2 wastes to limit leachate depth to 1 ft or less. TCEQ recommends that the leachatecollection layer consist of at least 1 ft of sand or gravel with a hydraulic conductivity of at least 

0.01 cm/s overlain by a fabric or granular filter layer, to prevent clogging. 

 Technical Guideline No. 4, Nonhazardous Industrial Solid Waste Surface Impoundments, 

recommends that a leak detection system be installed in any surface impoundment that receives 

Class II wastes and utilizes a geomembrane liner alone. 

Virginia—An industrial solid waste landfill in Virginia must have a plan for leachate 

collection, storage, and treatment. A leachate-collection system must be placed above the 

landfill’s top liner, and collected leachate must be stored such that it does not discharge to 

groundwater. Tanks or impoundments used for storage of leachate must be equipped with flow 

equalization and surge capacity at least equal to the maximum expected production of leachate 

over a 7-day period. A liner providing protection equal to that of the landfill’s liner is required in 

any leachate-storage impoundments. At a minimum, such liners must have a synthetic 

component. Collected leachate must be transported or discharged to a permitted wastewater 

treatment facility, treated on-site, and discharged under a VPDES permit, or it must be 

recirculated within the landfill, provided that the irrigated area is lined (9 VAC 20-80-290) 

Wisconsin—Nonmunicipal waste landfills in Wisconsin must be designed to contain and 

collect leachate to the maximum practical extent. The Wisconsin regulations establish standards 

that leachate systems for nonmunicipal waste landfills must meet, unless the WDNR approves an 

alternative design. The standards require that, among other things, a leachate-collection system 

be designed to (1) route leachate to the perimeter of the landfill in the most direct manner 

possible and (2) limit the average leachate head level on the liner to 1 ft or less. Other aspects of 

the leachate system for which standards are specified include the distance that leachate may flow 

across the base of the liner before encountering a perforated leachate-collection pipe, slope and 

diameter of leachate-collection pipes, shape and materials for leachate-collection trenches, trench 

backfill material, limitations on liner penetrations, sump design and capacity, leachate-transfer 

line design, and leachate-collection tank design. 

Wisconsin regulations do not specify any leachate-collection system requirements for 

surface impoundments, unless the impoundment must have a solid waste operating license. In 

that case, leachate collection-requirements would be the same as those for landfills. 
A-63 

A.7 CLOSURE/POST-CLOSURE REQUIREMENTS IN THE PILOT STATES 

A.7.1 Summary 

Closure controls may be required to prevent post-closure migration of contaminants out 

of a CCW land disposal facility via surface water pathways or leaching to groundwater. If 

closure controls are required, specifications may address cover system design requirements 

(i.e., caps), cover material and thickness, and maximum hydraulic conductivity of the cover. 

Table A.17 summarizes the closure/post-closure requirements for landfills and surface 

impoundments in the five pilot States of Illinois, Indiana, Pennsylvania, Virginia, and Wisconsin. 

Additional details are provided in Section A.7.3. 

A.7.2 Chronological Comparison of Closure/Post-Closure Requirements 

for Landfills in Pilot States 

Table A.18 compares the findings regarding closure/post-closure requirements for 

landfills that receive CCWs in the five pilot States (“2005 Data”) with the closure/post-closure 

requirements for CCW landfills reported in EPA 1988 and EPA 1999a. 

A.7.3 State-Specific Discussion of Closure and Post-Closure Care Requirements 

Illinois—Within 60 days after placement of the final waste volume, a cap must be 

installed over the entire surface of the landfill. The cap must consist of one of the following: 

• Compacted earth at least 3 ft thick having a hydraulic conductivity of no more 

than 1.0 × 10-7 cm/s; 

• Geomembrane capable of performance equal to that of a compacted 

earthen cap, or 

• Any other cap demonstrated to have performed equally as well as or better 

than a compacted earthen cap. 

The owner/operator must prepare and maintain a written closure plan. Final slopes and 

contours must be designed to complement and blend with the surrounding topography of the 

proposed final land use of the area, and the final configuration should minimize further 

maintenance. Quarterly inspections of vegetated areas are required for at least 5 years after 

closure. Thereafter, annual inspections are required until either 15 years have passed or settling 

and erosion have stopped, whichever occurs first. Groundwater monitoring also must continue 

for a minimum period of 15 years after closure (35 Ill. Adm. Code 811.110, 111, and 314). 
TABLE A.17 Summary of Closure/Post-Closure Requirements for CCW Management Units in the Pilot States 

Closure/Post-Closure Requirements 

State Landfills Surface Im

Illinois • Within 60 days after placement of the final waste volume, a cap must be installed 

over the entire surface of the landfill. 

• The cap must consist of one of the following: 

− Compacted earth at least 3 ft thick having a hydraulic conductivity of no more 

than 1 × 10-7cm/s, 

− Geomembrane capable of performance equal to that of a compacted earth cap, OR − Any other cap demonstrated to have performed as well as or better than a 

compacted earthen cap. 

• The owner/operator must prepare and maintain a written closure plan. • Quarterly inspections are required for a minimum of 5 years after closure. 

Established, as necessaryin NPDES or construction

Indiana Type I restricted waste sites and nonmunicipal solid waste landfills: 

• A closure plan is required, and closure must comply with following requirements: 

− Apply and compact >2 ft of final cover: 

■ Within 180 days of receiving final waste volume, or ■ When any area within the site is filled to its approved elevation. 

− Apply 6 in. of topsoil over the final cover to establish vegetation. 

• A post-closure care plan is required. Type II restricted waste sites: 

• A closure plan is required, and closure must comply with the following requirements: 

− Apply and compact > 2 ft of final cover within 180 days after: 

■ Solid waste has not been disposed of for 1 year, OR ■ Any area within the site is filled to its approved elevation. 

• A post-closure care plan is required. Type III restricted waste sites: 

• A closure plan is required, and closure must comply with the following requirements: 

− Apply and compact final cover > 2 ft within 1 year of when an area is filled to its 

approved elevation. 

• A post-closure care plan is required. Type IV restricted waste sites: There are no closure or post-closure requirements. 

Established, as necessaryin water pollution control 
TABLE A.17 (Cont.) 

Closure/Post-Closure Requirements 

State Landfills Surface Im

Pennsylvania • A cap at least 2 ft thick having a hydraulic conductivity of no more than 1 × 10-7 cm/s 

is required over the entire surface of a residual waste landfill within 1 year after disposal ceases. 

• The owner/operator must implement an approved closure plan and an approved postclosure land use plan. 

• A cap that is at least 2 

hydraulic conductivity 1 × 10-7cm/s is requir

of a residual waste diswithin 1 year after dis

• The owner/operator m

plan and a post-closur

Virginia • A final cover system is required. It must have a 

− Hydraulic conductivity of no more than 1 × 10-5 cm/s and 

− Layer of earth at least 6 in. thick capable of supporting vegetation. 

• A post-closure care plan is required that provides for: 

− Groundwater monitoring, − Leachate-system maintenance, and − Final cover maintenance. 

All liquids, wastes, and sybe removed. If removal is impoundment becomes supost-closure care standard

industrial waste units, unhave already been establipollution abatement perm

Wisconsin • Closure requirements are specified that include, among other things: 

− A final cover consisting of at least 2 ft of compacted earth having a hydraulic 

conductivity of no more than 1 × 10-5 cm/s, 

− Final grades sloped adequately to promote storm-water runoff and prevent stormwater run-on, and − Implementation of a long-term care schedule. 

Established, as necessaryin water control permits. 
A-66 

TABLE A.18 Chronological Comparison of Closure/Post-Closure 

Requirements for CCW Management Units in the Pilot States 

Closure/Post-Closure Care Requirements for Landfills 

State EPA 1988 EPA 1999b 2005 Data

 

Illinois Yesa NCb Yes 

 

Indiana Noc Type I: Yes 

Type II: Yes 

Type III: Yes 

Type IV: No 

Type I: Yes 

Type II: Yes 

Type III: Yes 

Type IV: No 

Nonmunicipal solid waste landfill: Yes 

 

Pennsylvania Yes Class I: Yes 

Class II: Yes 

Class III: Yes 

Class I: Yes 

Class II: Yes 

Class III: Yes 

 

Virginia No Yes Yes 

Wisconsin Yes Yes Yes 

a Yes = The source report indicates that State regulations impose closure/post-closure 

care system requirements. 

b NC = Not covered in the source report. 

c No = The source report indicates that State regulations do not impose closure/postclosure care system requirements. 

A surface impoundment that receives CCWs in Illinois is regulated as a wastewater 

facility and must have an NPDES permit or a construction/operating permit; however, as a 

general rule, it is not required to have a solid waste permit or to abide by the design requirements 

applicable to industrial waste landfills. However, if the surface impoundment decides to undergo 

closure with waste in place, the standards for solid waste landfills would apply to the closure 

(including, among others, requirements for capping, inspections, and groundwater monitoring) 

(IEPA 2005). The need for permit provisions to address this contingency would be decided on a 

case-specific basis. 

Indiana—The Indiana regulations require Type I and II restricted waste sites and 

nonmunicipal solid waste landfills to be closed in a manner that (1) minimizes the need for 

further maintenance and controls; (2) minimizes post-closure escape of waste, waste 

constituents, leachate, contaminated precipitation, and waste decomposition products to the 

groundwater, surface water, or atmosphere; and (3) is in compliance with applicable closure 

provisions and conditions imposed in the facility permit. Technical design requirements specify 

that a final cover consisting of at least 2 ft of clay-type soils be applied and compacted over 

closed areas. In addition, at least 6 in. of topsoil must be placed over the clay, and vegetation 

must be established (329 IAC 10-30-1 to 10-30-7; 329 IAC 10-31-1 to 10-31-7). 
A-67 

Type III restricted waste sites in Indiana must also meet the three-part performance 

standard for closure mentioned in the paragraph above, and must apply and compact 2 ft of soil 

as a final cover (329 IAC 10-32). 

The Indiana regulations do not establish requirements for closure or post-closure of 

Type IV restricted waste facilities. 

The Indiana regulations also do not specify closure or post-closure requirements for 

surface impoundments being regulated as water pollution treatment/control facilities. Units that 

obtain water pollution treatment/control permits are expressly exempt from the Indiana solid 

waste permitting and regulatory program. However, the IDEM may specify conditions, as 

necessary, in water pollution treatment/control facility permits to assure that any pollutants 

released or threatened to be released by the unit into the environment will not cause or contribute 

to violations of applicable water quality standards or otherwise cause a significant adverse 

impact on the environment or public health (327 IAC 3-4-3). 

Pennsylvania—A cap having a hydraulic conductivity of no more than 1.0 × 10-7 cm/s is 

required over the entire surface of a residual waste landfill or disposal impoundment within 

1 year after disposal ceases. Vegetation must be established over at least 70% of the capped area. 

The owner/operator must implement a closure plan and a post-closure land use plan approved by 

PADEP. At least 180 days before implementation of a closure plan, the owner/operator must 

review its approved closure plan to determine whether the plan requires modification and submit 

proposed changes to PADEP for approval. If groundwater degradation exists at or after closure, 

an approved abatement plan must be implemented, or an application for a closure plan 

modification must be filed, and remediation standards that meet final closure certification 

requirements must be selected (25 Pa. Code 288.234, 236, 291, and 292 for landfills; 25 Pa. 

Code 289.242, 244, 311, and 312 for disposal impoundments). 

Virginia—All industrial waste landfills must have a final cover system to accomplish the 

following: 

• Minimize the need for further maintenance, 

• Control the escape of leachate and surface runoff, 

• Limit hydraulic conductivity through the infiltration layer to whichever is

lower, 1 × 10-5 cm/s or the hydraulic conductivity of the landfill’s bottom 

liner, and 

• Maintain a 6-in. layer of earth capable of supporting vegetation over the 

infiltration layer for erosion control (9 VAC 20-80-270.E). 

Verification of closure for an industrial waste landfill must be certified by a registered 

professional engineer. Following closure, a sign must be posted at the facility entrance, the 

location and dimensions of disposal areas must be recorded on a survey plot and submitted to the 
A-68 

local land recording authority, and a notation must be placed on the deed to the facility property 

(9 VAC 20-80-270.E). 

An industrial waste landfill in Virginia is required to have a post-closure care plan and 

conduct post-closure care activities for 10 years after closure or for as long as leachate is 

generated. During the post-closure care period, groundwater monitoring must be conducted, the 

leachate system must be maintained and operated, and the integrity of the final cover must be 

maintained (9 VAC 20-80-270.F). 

The owner or operator of an industrial wastewater treatment impoundment must remove 

all waste residue, contaminated containment system components (liners, etc.), and contaminated 

subsoils, and it must decontaminate structures and equipment contaminated with waste, and 

manage them as solid waste or hazardous waste, if applicable, unless a Virginia pollution 

abatement permit or VPDES permit contains conditions establishing alternative closure 

requirements. If the owner or operator decides to close the impoundment with waste in place, 

then the impoundment must be closed in accordance with the requirements for closure of a 

landfill (including the elimination of free liquids by removing liquid waste and waste residue, the 

monitoring of groundwater, the stabilization of remaining waste residues to a bearing capacity 

sufficient to support the final cover, and the installation of a final cover), and post-closure care 

must be provided as it is for a landfill (9 VAC 20-80-380). 

Wisconsin—The owner of any industrial waste landfill is responsible for its closure, any 

remedial actions required by WDNR, and its perpetual long-term care. 

A plan outlining the proposed method of abandonment for lagoons that will no longer be 

used must be approved by the WDNR. This plan must contain a procedure to identify the 

presence and characteristics of any accumulated solid waste and provide appropriate removal, 

disposal, or recycling or treatment alternatives. The plan also must address site restoration, and 

groundwater monitoring may be required to assess groundwater impacts (NR 213.07). 

A.8 CORRECTIVE ACTION REQUIREMENTS IN THE PILOT STATES 

A.8.1 Summary 

Corrective action may be needed to contain and clean up a CCW land disposal facility 

and eliminate the future potential for migration of contaminants out of it via aboveground 

pathways or leaching to groundwater. Table A.19 summarizes the corrective action requirements 

for landfills and surface impoundments in the five pilot States of Illinois, Indiana, Pennsylvania, 

Virginia, and Wisconsin. Additional details are provided in Section A.8.3. 
TABLE A.19 Summary of Corrective Action Requirements for CCW Management Units in the Pilot States 

Corrective Action Requirements 

State Landfills Surface Im

Illinois When assessment monitoring is triggered, a remedial action plan is required. Once 

implemented, the remedial action program must continue until monitoring shows that the concentrations of all monitored constituents have returned to acceptable levels over a period of four consecutive quarters. 

Established, as necessaryin NPDES or construction

Indiana Type I and II restrictive waste sites and nonmunicipal solid waste landfills: A corrective 

action program is required whenever the groundwater-protection standard is exceeded at statistically significant levels. A corrective action program may be required at the discretion of the IDEM if any secondary groundwater-monitoring standard is exceeded. Type III and IV restrictive waste sites: There are no corrective action requirements. 

Established, as necessaryin water pollution control 

Pennsylvania The regulations include triggers for groundwater assessment and pollution abatement. The regulations include tr

assessment and pollution 

Virginia Corrective action must be initiated whenever a groundwater protection standard is 

exceeded at statistically significant levels. 

None are specified in the 

Wisconsin Corrective action is required if concentration levels in groundwater for constituents of 

concern exceed enforcement standards outside the design management zone. 

Established, as necessaryin water control permits. 
A-70 

A.8.2 Chronological Comparison of Corrective Action Requirements 

for Landfills in Pilot States 

A chronological comparison was not possible for corrective action requirements for 

landfills because EPA 1988 and EPA 1999b did not address this area of regulatory control. 

A.8.3 State-Specific Discussion of Corrective Action Requirements 

Illinois—If assessment monitoring is triggered at a landfill that receives CCWs, other 

than a municipal solid waste landfill, the owner/operator must submit plans for remedial action 

to the IEPA. The remedial action program must consist of one or a combination of the following 

solutions: 

• Retrofit additional groundwater protective measures within the unit; 

• Construct an additional hydraulic barrier, such as a cutoff wall or slurry wall 

system; 

• Pump and treat the contaminated groundwater; or 

• Use any other equivalent technique that will prevent further contamination of 

groundwater (35 Ill. Adm. Code 811.319(d)). 

The remedial action program must continue until groundwater monitoring shows that the 

concentrations of all monitored constituents have returned to acceptable levels over a period of 

four consecutive quarters (35 Ill. Adm. Code 811.319(d)). 

A surface impoundment that receives CCWs in Illinois is regulated as a wastewater 

facility and must have an NPDES permit or a construction/operating permit; however, as a 

general rule, it is not required to have a solid waste permit or abide by the design requirements 

applicable to industrial waste landfills. However, if the surface impoundment would undergo 

closure with waste in place, the standards for solid waste landfills would apply to the closure 

(including requirements for capping, inspections, and groundwater monitoring) (IEPA 2005). 

The need for permit provisions to address this contingency would be decided on a case-specific 

basis. The need for corrective action requirements in permits would also be decided on a casespecific basis. 

Indiana—A corrective action program is required for Type I and II restricted waste sites 

and for nonmunicipal solid waste landfills whenever the groundwater protection standard is 

exceeded. In addition, the IDEM has discretion to require corrective action if any of the 

secondary standards exceed specified levels. Monitoring is required to determine the areal extent 

of any plume of contamination that exceeds background levels and to demonstrate corrective 

action effectiveness. Corrective actions that may be imposed include notifying people who own 

or reside on land overlying a plume and replacing currently used sources of groundwater lying in 
A-71 

the plume (329 IAC 10-29-9). The Indiana regulations establish no corrective action 

requirements for Type III and IV restricted waste sites. 

The Indiana regulations do not specify corrective action requirements for surface 

impoundments. However, the IDEM may specify conditions in a water pollution control permit, 

as necessary, to assure that any pollutants released or threatened to be released by the unit into 

the environment will not cause or contribute to violations of applicable water quality standards or 

otherwise cause a significant adverse impact on the environment or the public health 

(327 IAC 3-4-3). 

Pennsylvania—The Pennsylvania regulations include triggers for groundwater 

assessment and pollution abatement at residual waste landfills and disposal impoundments. 

(25 Pa. Code 288.256 and 257 for landfills; 25 Pa. Code 289.266 and 267 for disposal 

impoundments). 

Virginia—A corrective action program is required whenever the groundwater protectionstandard at an industrial waste landfill in Virginia is exceeded at statistically significant levels. 

The owner or operator must propose a groundwater-protection standard for all detected 

constituents listed in Table 5.1 of 9 VAC 20-80-300. The groundwater-protection standard for a 

constituent is the MCL if one has been promulgated. In the absence of a promulgated MCL, the 

groundwater-protection standard for a constituent is the background concentration, as approved 

by the regulator and established on the basis of data from the upgradient wells. If the background 

level for a constituent is higher than its MCL or health-based levels, the background 

concentration becomes the groundwater-protection standard for the constituent, as approved by 

the regulator. The regulator may establish an alternate concentration level as a groundwater 

protection standard for any constituents for which MCLs have not been established or for which 

site-specific background data are unavailable by granting a variance based on a petition 

submitted by the owner or operator in accordance with 9 VAC 20-80-760. 

The Virginia regulations specify no corrective action requirements for industrial waste 

surface impoundments. 

Wisconsin—If a PAL, alternative concentration limit (ACL), or enforcement standard 

(ES) is attained or exceeded at a landfill in Wisconsin, the owner or operator must notify WDNR 

and may be required to develop a site investigation work plan and report and a remedial action 

plan and to implement remedial action. 

Wisconsin regulations do not specify corrective action requirements for lagoons that are 

not required to have solid waste operating licenses. However, as previously reported, a plan 

outlining the proposed method of abandonment for such lagoons that will no longer be used must 

be approved by WDNR. The plan must address site restoration. 
A-72 

A.9 SITING CONTROLS IN THE PILOT STATES 

A.9.1 Summary 

Siting controls place restrictions on the location of landfills and surface impoundments 

used for waste storage and disposal. Examples of siting controls include restrictions on disposal 

below the natural water table; restrictions on locating a unit within a floodplain, within a 

wetland, near a fault, or in a seismic impact zone; and standards for locating a unit in unstable 

areas. Table A.20 summarizes the siting controls for landfills and surface impoundments in the 

five pilot States of Illinois, Indiana, Pennsylvania, Virginia, and Wisconsin. Additional details 

are provided in Section A.9.3. 

A.9.2 Chronological Comparison of Siting Controls for Landfills in the Pilot States 

Table A.21 compares the findings regarding siting controls for landfills that receive 

CCWs in the five pilot States (“2005 Data”) with the siting controls for CCW landfills reported 

in EPA 1988 and EPA 1999b. 

A.9.3 State-Specific Discussion of Siting Controls 

Illinois—Landfills that accept CCWs designated as either declassified or special (nonRCRA) wastes must not restrict the flow of a 100-year flood or violate any State or Federal 

environmental law. No part of a unit may be located within a setback zone; recharge zone; or 

within 1,200 ft, vertically or horizontally, of a sole-source aquifer, unless there is a stratum 

between the bottom of the waste disposal unit and the top of the aquifer that meets stipulated 

minimum requirements. Without prior written permission, no part of a unit may be located closer 

than 500 ft from an occupied dwelling, school, or hospital that was occupied at the time the 

operator applied for a permit (35 Ill. Adm. Code 811.102 and 811.302). 

Indiana—Type I and II restricted waste sites and nonmunicipal solid waste landfills in 

Indiana must not be located within wetlands; critical habitats; floodways; floodplains; karst 

areas; areas that overlie mines; areas closer than 600 ft from wells, dwellings, and surface water; 

and areas closer than 50 ft from the disposal facility boundary. The Indiana regulations contain 

similar location limitations for Type III restricted waste sites. However, there are no limitations 

on locating Type III residual waste sites in floodplains, areas near dwellings, or areas near 

surface water bodies. Type IV restricted waste sites are subject to limitations on disposal within 

wetlands, critical habitats, floodways, standing water that reflects the level of the water table, 

karst areas, areas that overlie mines, and areas within 600 ft of wells (329 IAC 10-25-1 for 

Types I and II; 329 IAC 10-33-1 for Type III; 329 IAC 10-9-4 for Type IV). 

 Surface impoundments that Indiana regulates as water pollution treatment/control 

facilities must not be constructed within 500 ft of a dwelling, unless the owner of the dwelling 
TABLE A.20 Summary of Siting Controls for CCW Management Units in the Pilot States 

Siting Controls 

State Landfills Surface Im

Illinois • Distance restrictions are applicable with respect to sole-source aquifers, occupied 

dwellings, schools, and hospitals. 

• Location is prohibited where it would (1) be within the setback zone or recharge zone 

of a sole source aquifer, (2) restrict the flow of a 100-year flood, or (3) violate a State 

or Federal environmental law. 

Established, as necessaryin NPDES or construction

Indiana Type I and II restricted waste sites: 

• Location is prohibited within wetlands, critical habitats, floodways, floodplains, karst 

areas,a and areas that overlie mines. 

• Distance restrictions are applicable with respect to wells, dwellings, surface water, 

and the disposal facility boundary. 

Type III restricted waste areas: 

• Restrictions apply to disposal within wetlands, critical habitats, floodways, karst 

areas,a and areas that overlie mines. 

• Distance restrictions apply with respect to wells and the disposal facility property 

boundary. 

Type IV restricted waste sites: Restrictions apply to disposal within wetlands, critical 

habitats, floodways, standing water that reflects the level of the water table, karst areas, and areas that overlie mines. Distance restrictions apply with respect to wells and the disposal facility property boundary. Nonmunicipal solid waste landfills: Controls are the same as those for Type I and II 

restricted waste sites, plus there are distance restrictions with respect to public water supply wells. 

Established, as necessaryin water pollution control 
TABLE A.20 (Cont.) 

Siting Controls 

State Landfills Surface Im

Pennsylvania • All residual waste landfills are subject to distance restrictions with respect to the 

100-year floodplain, wetlands, perennial streams, property boundaries, private water sources, occupied dwellings, schools, parks, and playgrounds. − Location over certain coal deposits and limestone or carbonate formations is 

restricted. 

• A coal ash monofill must be located in a previously mined but unreclaimed area, 

unless the operator of the monofill provides a detailed written explanation in the 

permit application of why it is not feasible to locate the facility in such an area. 

• All residual waste dis

subject to distance resthe 100-year floodplastreams, property bousources, occupied dwand playgrounds. − Location over cert

limestone or carborestricted. 

Virginia Industrial landfills are subject to location restrictions on the basis of flooding potential; 

geological stability; and proximity to surface water, underground sources of drinking water, roadways, residences, schools, parks, and facility boundaries. 

No restrictions are specifregulations. 

Wisconsin Industrial solid waste landfills are subject to distance restrictions with respect to 

navigable waters, floodplains, major highways, public parks, water supply wells, certain faults, seismic impact zones, unstable areas, wetlands, and critical habitat areas. 

Lagoons not licensed as s

facilities are subject to direspect to public water suwater supplies, inhabited wetlands, and groundwat

a Karst areas consist of regions underlain by limestone or other readily soluble rocks causing characteristic physiographic features su

sinkholes, sinking streams, blind valleys, caves, and large springs. Generally, karst areas are characterized by high fluid transmissivpredominant fracture flow. 
A-75 

TABLE A.21 Chronological Comparison of Siting Controls for Landfills in 

Selected States 

Siting Controls for Landfills 

State EPA 1988 EPA 1999b 2005 Data

 

Illinois Noa NCb Yesc

 

Indiana No Type I: Yes 

Type II: Yes 

Type III: Yes 

Type IV: Yes 

Type I: Yes 

Type II: Yes 

Type III: Yes 

Type IV: Yes 

Nonmunicipal solid waste landfills: Yes 

 

Pennsylvania Yes NC Yes 

 

Virginia No NC Yes 

Wisconsin Yes NC Yes 

a No = The source report indicates that State regulations do not impose siting controls. 

b NC = Not covered by the source report. 

c Yes = The source report indicates that State regulations impose siting controls. 

agrees to a closer separation and records the agreement as an easement in the county property 

records or the dwelling is an office located on the surface impoundment property and occupied 

by the surface impoundment owner (327 IAC 3-2-6). This is the only siting location requirement 

applicable to surface impoundments that may receive CCWs for storage or disposal in Indiana. 

Pennsylvania—In Pennsylvania, a coal ash monofill must be located in an area that has 

been previously mined but not reclaimed, unless the operator provides a detailed written 

explanation in the permit application of why locating the facility in such an area is not feasible 

(25 Pa. Code 288.201(e)). Class I, II, and III residual waste landfills and Class I and II residual 

waste disposal impoundments (25 Pa Code 288.422, 522, and 622 for landfills; 25 Pa. Code 

289.422 and 522 for disposal impoundments) cannot be sited: 

• Within the 100-year floodplain of any State waters; 

• Within 300 ft of an exceptional value wetland; 

• Within 100 ft of a wetland other than an exceptional value wetland, unless 

certain conditions exist; 

• Over mineable or recoverable coal, unless the owner/operator owns the 

underlying coal; 
A-76 

• In areas that would result in elimination, pollution, or destruction of a portion 

of a perennial stream, unless rechanneling is approved; 

• In certain areas underlain by limestone and carbonate formations; 

• Within certain distances of an occupied dwelling, unless the dwelling owner 

signs a written waiver and other conditions are met; 

• Within 100 ft of a perennial stream, except under certain conditions; 

• Within 100 ft of a property line, except under certain conditions; 

• Within 0.25 mi upgradient or 300 ft downgradient of a private water source, 

except under certain conditions; and 

• Within 300 yards of a school, park, or playground, except under certain 

conditions. 

A waiver for some of the siting restrictions mentioned above may be granted to captive landfills 

and disposal impoundments under certain conditions. 

Virginia—Industrial landfills in Virginia (9 VAC 20-80-270A) are not to be sited: 

• In areas subject to base floods; 

• In geologically unstable areas; 

• Within 100 ft of regularly flowing surface water; 

• Within 500 ft of a underground source of drinking water; 

• Within 1,000 ft of any primary highway or 500 ft of any other highway, unless 

the landfill is not visible from the roadway or the area has been zoned for 

industrial use; 

• Within 200 ft of a residence, school, or park; and 

• Within 50 ft of the facility boundary. 

In addition, landfill sites must be big enough and have terrain that will allow for 

management of leachate. New industrial landfills and lateral expansions of existing facilities 

cannot be located in wetlands or areas where groundwater monitoring cannot be conducted. 

Certain site characteristics may also prevent approval or require substantial limitations on the site 

use or require incorporation of sound engineering controls. 
A-77 

The Virginia regulations specify no siting controls for industrial waste surface 

impoundments. 

Wisconsin—Any person intending to establish a new landfill or expand an existing 

landfill must have an initial site report from WDNR. A feasibility report discussing constraints 

for development is required to determine whether a proposed property has potential for use as a 

landfill and to identify any conditions that must be addressed in the operating plan. Areas to be 

covered include location criteria, performance standards, and geotechnical information. Landfills 

(NR 504.04) are not to be sited: 

• Within 1,000 ft of a navigable lake, pond, or flowage; 

• Within 300 ft of any navigable river or stream; 

• Within a floodplain; 

• Within 1,000 ft of a primary State or Federal highway or interstate right-ofway, or the boundary of a public park, unless screened from view; 

• Within 1,200 ft of any water supply well; 

• Within 200 ft of a fault that has had displacement in Holocene time; 

• Within any seismic impact zone; 

• Within any unstable area; and 

• Where there is a reasonable probability that it will: 

− Impact critical habitat areas significantly, 

− Impact wetland significantly, 

− Detrimentally affect surface water, or 

− Detrimentally affect groundwater quality. 

WDNR may grant an exemption to these siting restrictions on the basis of a demonstration that 

the circumstances warrant it (NR 504.04(1)). 

Wisconsin regulations applicable to lagoons that are not licensed as solid waste disposal 

facilities stipulate that such lagoons may not be located within (1) 1,000 ft of a well serving a 

community public water supply system, (2) 250 ft of other potable water supplies, or (3) 500 ft 

of an inhabited dwelling. Additionally, lagoons cannot be placed in a floodway or in a wetland. 

A separation of 5 ft or more is required between the bottom of the lagoon and either bedrock or 

the groundwater table, whichever is higher. 
A-78 

A.10 FINANCIAL ASSURANCE REQUIREMENTS IN THE PILOT STATES 

A.10.1 Summary 

Financial assurance may be required to protect future generations by helping ensure 

adequate planning for future costs of closure, post-closure care, and corrective action. 

Table A.22 summarizes the financial assurance requirements for landfills and surface 

impoundments in the five pilot States of Illinois, Indiana, Pennsylvania, Virginia, and Wisconsin. 

Additional details are provided in Section A.10.3. 

A.10.2 Chronological Comparison of Financial Assurance Requirements 

for Landfills in the Pilot States 

Table A.23 compares the findings regarding financial assurance requirements for landfills 

that receive CCWs in the five pilot States (“2005 Data”) with the financial assurance 

requirements for CCW landfills reported in EPA 1988 and EPA 1999b. 

TABLE A.22 Summary of Financial Assurance Requirements for CCW Management Units 

in the Pilot States 

Financial Assurance Requirements 

State Landfills Surface Impoundments 

 

Illinois Yesa No,b unless the surface impoundment will be closed with waste in place. 

 

Indiana Yes No 

 

Pennsylvania Yes Yes 

 

Virginia Yes No, unless the surface impoundment is regulated as a waste management facility. 

 

Wisconsin Yes No, unless a solid waste operating permit is required or the impoundment will be 

used for ultimate disposal of solid waste. 

a “Yes” means the State regulations reviewed for this study impose financial assurance requirements on CCW 

disposal facilities. 

b “No” means the State regulations reviewed for this study do not impose financial assurance requirements on 

CCW disposal facilities. 
A-79 

TABLE A.23 Chronological Comparison of Financial 

Assurance Requirements for Landfills in the Pilot States 

Financial Assurance Requirements for Landfills 

State EPA 1988 EPA 1999b 2005 Data 

 

Illinois Yesa NCb Yes 

Indiana No NC Yes 

Pennsylvania Yes NC Yes 

Virginia No NC Yes 

Wisconsin Yes NC Yes 

a Yes = The source report indicates that State regulations impose 

financial assurance requirements. 

b NC = Not covered by the source report. 

c No = The source report indicates that State regulations do not 

impose financial assurance requirements. 

A.10.3 State-Specific Discussion of Financial Assurance Requirements 

Illinois—Financial assurance may be provided for landfills in Illinois by a trust 

agreement, a bond guaranteeing payment, a bond guaranteeing either payment or performance, a 

letter of credit, insurance, or self-insurance (35 Ill. Adm. Code 811.700). 

Illinois regulations do not specify financial assurance requirements for surface 

impoundments, but if a surface impoundment will be closed with waste in place, the regulatory 

agency may decide on a case-specific basis to include financial assurance requirements in the 

NPDES or construction/operating permits. 

Indiana—All solid waste land disposal facilities that are required to have solid waste 

disposal permits in Indiana must provide financial responsibility for implementing closure and 

post-closure requirements (329 IAC 10-39-1). The Indiana regulations exclude ash ponds that 

receive water-transported coal ash from the requirement to have solid waste disposal permits 

(329 IAC 10-3-1(8)). Accordingly, such surface impoundments are not subject to the financial 

assurance requirements that apply to solid waste disposal facilities. The Indiana regulations do 

not specify financial assurance requirements for surface impoundments that receive other types 

of CCWs. 

Pennsylvania—Regulations provide minimum requirements for demonstrating sufficient 

financial responsibility for the operation of residual waste processing or disposal facilities by 

providing for bond guarantees for the operation of the facilities, and by providing for minimum 

standards for insurance protection for personal injury and property damage to third parties 

arising from the operation of those facilities (25 Pa. Code 287.301 through 287.375). 
A-80 

Virginia—The owner/operator of an industrial waste landfill in Virginia must have one 

or a combination of the financial responsibility mechanisms described in 9 VAC 20-70. The 

amount of financial assurance obtained must be equal to a cost estimate approved by the VDEQ 

using specified procedures. 

Virginia regulations do not specify financial assurance requirements for surface 

impoundments that are not required to have a solid waste management permit. 

Wisconsin—The owner of any landfill in Wisconsin is responsible for its closure, for any 

remedial actions required by WDNR, and for its perpetual long-term care. Owners of landfills or 

other solid waste facilities must provide proof of financial responsibility as part of their operating 

license applications and once a year during the active facility life, or longer, if necessary to 

ensure compliance with closure, long-term care, or remedial actions. 

Wisconsin regulations do not specify financial assurance requirements for lagoons not 

required to have solid waste operating licenses. 

A.11 ADDITIONAL INFORMATION FROM PILOT STUDY 

In addition to documenting the information on how the five States in the pilot study 

address the nine regulatory categories, the pilot study documented, to the extent possible and in 

the time available, State responses to the following questions: 

• Does the State have a regulatory program dedicated solely to CCWs? 

• Is the State authorized to implement an NPDES permitting program? 

• What is the effective date of the regulation or regulatory program applicable 

to CCW land disposal units? 

• What State agency is responsible for the regulation or regulatory program 

applicable to CCW land disposal units? 

• Do the regulations contain grandfather provisions? 

• Is public involvement required in permitting CCW land disposal units? 

The responses to these questions are summarized in Table A.24 for landfills and 

Table A.25 for surface impoundments. The responses to these questions were not documented 

for the six additional States not covered by the pilot study. 
TABLE A.24 Summary of Additional Information Collected for Landfills in the Pilot States 

State 

Program Dedicated 

Solely to CCW 

NPDES 

Authorization 

Effective Date 

of Regulations Responsible State Agency 

Grandfa

Provisi

Illinois No Yes NFa IEPA Bureau of Land, Division of Land 

Pollution Control 

Yes 

Indiana No Yes NF IDEM Office of Land Quality Yes Pennsylvania Yes Yes July 4, 1992 PADEP Division of Municipal and 

Residual Waste 

Yes 

Virginia Yes Yes NF VDEQ Yes Wisconsin No Yes 1988 WDNR Division of Air and Waste Yes 

a NF = Not found. 
TABLE A.25 Summary of Additional Information Collected for Surface Impoundments in the Pilot States 

State 

Program Dedicated 

Solely to CCW 

NPDES 

Authorization 

Effective Date of 

Regulations Responsible State Agency 

Grandf

Provis

Illinois No Yes NFa IEPA Bureau of Water NF 

Indiana No Yes NF IDEM Office of Water Quality NF Pennsylvania Yes Yes July 4, 1992 PADEP Division of Municipal and 

Residual Waste and Bureau of Water Supply and Wastewater Management 

Ye

Virginia Yes Yes NF VDEQ NWisconsin No Yes NF WDNR Division of Water Ye

a NF = Not found. 
A-83 

A.12 FINDINGS 

Table A.26 summarizes the chronological comparisons of regulatory controls for landfills 

in the States reviewed. As the table indicates, a total of 11 States—Alabama, Florida, Georgia, 

Illinois, Indiana, Missouri, Ohio, Pennsylvania, Texas, Virginia, and Wisconsin—were reviewed 

for regulatory designation of CCWs for disposal, permitting requirements, liner requirements, 

groundwater-monitoring requirements, and leachate-collection system requirements. Five of the 

11 States (i.e., the pilot study States)—Illinois, Indiana, Pennsylvania, Virginia, and 

Wisconsin—were also reviewed for closure and post-closure requirements, corrective action 

requirements, siting controls, and financial assurance. 

The footnotes in Table A.26 define the terms used in the table to describe the types of 

change observed during three time periods—the period between collection of data for the 1988 

RTC (EPA 1988) and collection of data for the 1999 RTC (EPA 1999b), the period between 

collection of data for the 1999 RTC and collection of data for this report (i.e., 2005), and the 

period between collection of data for the 1988 RTC and 2005. “Neutral” means that either it 

could not be ascertained from the information reviewed whether any change occurred during the 

time frame indicated, or the information reviewed suggests that no change occurred. For the 

periods between the 1988 RTC and the 1999 RTC and between the 1999 RTC and 2005, 

Table A.27 summarizes the States having “neutral” changes in each area of regulatory control 

based on Table A.26. 

 The data in Table A.27 suggest that the absence in the 1999 RTC and its supporting 

technical documents of details about regulatory controls in most individual States made it 

difficult to ascertain whether regulatory changes occurred before or after data were collected for 

the 1999 RTC for most of the States reviewed. However, for the overall period between the 1988 

RTC and 2005, the types of change observed for most States were either “tightened” or 

“relaxed,” rather than “neutral.” Therefore, from the overall data it was confirmed that regulation 

of landfill liners, leachate-collection systems, and groundwater monitoring tightened in most 

States reviewed during the period between the collection of data for the 1988 RTC and 2005. 
TABLE A.26 Summary of Chronological Comparisons of Regulatory Controls for Landfills in the States Reviewe

States with Change from 

EPA 1988 to EPA 1999 

States with Change from 

EPA 1999 to 2005 Data 

States 

EPA 1

Description of Change Type of Change No. Name No. Name No. 

REGULATORY DESIGNATION OF CCWS FOR DISPOSAL 

Exempt to Gradedb Tightenedc 0 0 1 Solid waste (SW) to Graded Tightened 3 IN, PA, TX 1 WI 6 

Total Tightened 3 IN, PA, TX 1 WI 7 

Uncertaind Neutrale 4 AL, IL, MO, OH 4 AL, IL, MO, OH 0 SW to SW Neutral 4 FL, GA, VA, WI 3 FL, GA, VA 3 Graded to Graded Neutral 0 3 IN, PA, TX 0 

Total Neutral 8 AL, FL, GA, IL, 

MO, OH, VA, WI 

10 AL, FL, GA, IL, 

IN, MO, OH, PA, TX, VA 

3 

SW to Excluded Relaxedf 0 0 1 

Total Relaxed 0 0 1 

PERMITTING 

(On-site and off-site)g to 

 (On-site and off-site, Graded) 

Tightened 3 IN, PA, MO 1 MO 3 

Noh to (On-site and off-site) Tightened 0 0 1 

Total Tightened 3 IN, PA, MO 1 MO 4 

Uncertain Neutral 3 AL, IL, OH 3 AL, IL, OH 0 Off-site to off-site Neutral 2 FL, TX 2 FL, TX 2 (On-site and off-site) to  (On-site and off-site) 

Neutral 3 GA, VA, WI 3 GA, VA, WI 3 

(On-site and off-site, Graded) to  (On-site and off-site, Graded) 

Neutral 0 2 IN, PA 0 

Total Neutral 8 AL, FL, GA, IL, 

OH, TX, VA, WI 

10 AL, FL, GA, IL, 

IN, OH, PA, TX, VA, WI 

5 
TABLE A.26 (Cont.)

States with Change from 

EPA 1988 to EPA 1999 

States with Change from 

EPA 1999 to 2005 Data 

States 

EPA 1

Description of Change Type of Change No. Name No. Name No. 

(On-site and off-site) to off-site Relaxed 0 0 1 (On-site and off-site) to None Relaxed 0 0 1 

Total Relaxed 0 0 2 

LINERS 

No to Yesi Tightened 1 VA 0 4 Mayj to Yes Tightened 1 WI 0 1 No to Graded Tightened 2 IN, PA 0 2 Exempt to Graded Tightened 0 0 1 

Total Tightened 4 VA, WI, IN, PA 0 8 

Uncertain Neutral 7 AL, FL, GA, IL, 

MO, OH, TX 

7 AL, FL, GA, IL, 

MO, OH, TX 

0 

Graded to Graded Neutral 0 2 IN, PA 0 Yes to Yes Neutral 0 2 VA, WI 0 

Total Neutral 7 AL, FL, GA, IL, 

MO, OH, TX 

11 AL, FL, GA, IL, 

IN, MO, OH, PA, VA, WI, TX 

0 

May to No Relaxed 0 0 2 Yes to May Relaxed 0 0 1 

Total Relaxed 0 0 3 

GROUNDWATER MONITORING 

No to Yes Tightened 1 VA 0 4 May to Yes Tightened 1 WI 0 1 May to Graded Tightened 2 IN, PA 0 2 Exempt to Graded Tightened 0 0 1 

Total Tightened 4 IN, PA, VA, WI 0 8 
TABLE A.26 (Cont.)

States with Change from 

EPA 1988 to EPA 1999 

States with Change from 

EPA 1999 to 2005 Data 

States 

EPA 1

Description of Change Type of Change No. Name No. Name No. 

Uncertain Neutral 6 AL, GA, IL, MO, 

OH, TX 

6 AL, GA, IL, MO, 

OH, TX 

0 

Graded to Graded Neutral 0 2 IN, PA 0 Yes to Yes Neutral 1 FL 3 FL, VA, WI 1 

Total Neutral 7 AL, FL, GA, IL, 

MO, OH, TX 

11 AL, FL, GA, IL, 

IN, MO, OH, PA, VA, WI, TX 

1 

Yes to No Relaxed 0 0 1 May to No Relaxed 0 0 1 

Total Relaxed 0 0 2 

LEACHATE-COLLECTION SYSTEM 

No to Yes Tightened 1 VA 0 4 May to Yes Tightened 1 WI 0 2 No to Graded Tightened 2 IN, PA 0 2 

Total Tightened 4 IN, PA, VA, WI 0 8 

Uncertain Neutral 5 FL, GA, IL, MO, 

OH 

5 FL, GA, IL, MO, 

OH 

0 

Graded to Graded Neutral 0 2 IN, PA 0 Yes to Yes Neutral 0 2 VA, WI 0 No to No Neutral 2 AL, TX 2 AL, TX 2 

Total Neutral 7 AL, FL, GA, IL, 

MO, OH, TX 

11 AL, FL, GA, IL, 

IN, MO, OH, PA, VA, WI, TX 

2 

Yes to May Relaxed 0 0 1 

Total Relaxed 0 0 1 
TABLE A.26 (Cont.)

States with Change from 

EPA 1988 to EPA 1999 

States with Change from 

EPA 1999 to 2005 Data 

States 

EPA 1

Description of Change Type of Change No. Name No. Name No. 

CLOSURE and POST-CLOSURE CARE 

No to Yes Tightened 1 VA 0 1 No to Graded Tightened 1 IN 0 1 Yes to Graded Tightened 1 PA 0 1 

Total Tightened 3 IN, PA, VA 0 3 

Graded to Graded Neutral 0 2 IN, PA 0 Yes to Yes Neutral 2 IL, WI 3 IL, VA, WI 2 

Total Neutral 2 IL, WI 5 IL, IN, PA, VA, 

WI 

2 

SITING CONTROLS 

No to Yes Tightened 1 IN 0 3 

Total Tightened 1 IN 0 3 

Uncertain Neutral 2 IL, VA 2 IL, VA 0 Yes to Yes Neutral 2 PA, WI 3 IN, PA, WI 2 

Total Neutral 4 IL, PA, VA, WI 5 IL, IN, PA, VA, 

WI 

2 

FINANCIAL ASSURANCE 

No to Yes Tightened 0 0 2 

Total Tightened 0 0 2 

Uncertain Neutral 2 IN, VA 2 IN, VA 0 Yes to Yes Neutral 3 IL, PA, WI 3 IL, PA, WI 3 

Total Neutral 5 IL, IN, PA, VA, 

WI 

5 IL, IN, PA, VA, 

WI 

3 

Footnotes on next page. 
TABLE A.26 (Cont.) a No chronological comparison was prepared for corrective action requirements because the historical EPA documents did not addr

control. The chronological comparisons are limited to landfills because the historical EPA documents did not provide sufficiencomparisons for surface impoundments. 

b “Graded” means that nonhazardous industrial wastes are categorized based on the degree of hazard associated with handling an

regulatory controls placed on disposal facilities vary based on the category of waste received. 

c “Tightened” means that during the time frame indicated in the column heading, specific requirements for controls were added 

where either none existed before, or prior requirements were less tailored to the characteristics of the wastes being regulated. 

d “Uncertain” means that for the States indicated in each column, it was not possible to ascertain from the information reviewed w

the named regulatory control occurred during the time frame designated in the column heading. 

e “Neutral” means that either it could not be ascertained from the information reviewed whether any change occurred during the tim

column heading, or the information reviewed suggests that no change occurred. 

f “Relaxed” means that the information reviewed suggests that some or all pre-existing regulatory controls in the category of inter

the time frame indicated in the column heading. 

g “On-site and off-site” means that the State requires a solid waste permit for a landfill that receives CCWs, whether the landfill is lo

the facility that generated the CCWs or not. 

h “No” means the source report indicates that State regulations do not impose the regulatory requirement. i “Yes” means the source report indicates that State regulations impose the regulatory requirement. j “May” means the source report indicates that the State regulations provide for a case-by-case decision on the need for the regulato
A-89 

TABLE A.27 Summary of States with “Neutral” Changes 

Area of Regulatory Control 

Total 

States 

Reviewed 

States with “Neutral” 

Changes from 

1988 RTC to 1999 RTC 

States with 

“Neutral” 

Changes from 

1999 RTC to 2005 

Regulatory designation 11 8 10 

Permitting 11 8 10 

Liners 11 7 11 

Groundwater monitoring 11 7 11 

Leachate collection 11 7 11 

Closure and post-closure care 5 2 5 

Siting controls 5 4 5 

Financial assurance 5 5 5 

A.13 REFERENCES 

ADEM 2005a Alabama Department of Environmental Management, 2005a, e-mail message 

regarding regulation of coal combustion products in Alabama, from L. Bryant 

(ADEM) to D. Littleton (DOE), Oct. 19. 

ADEM 2005b Alabama Department of Environmental Management, 2005b, telephone 

conversation between E. Sanderson (ADEM) and N. Ranek (Argonne 

National Laboratory), Nov. 10. 

Buckley 2005 Buckley, T.D., and D.F. Pflughoeft-Hassett, 2005, Review of Texas 

Regulations, Standards, and Practices to the Use of Coal Combustion 

Products, Final Report, 2005-EERC-01-01, Energy & Environmental 

Research Center at the University of North Dakota for the U.S. Environmental 

Protection Agency and Headwaters Resources, Grand Forks, ND, Jan. 

EPA 1988 U.S. Environmental Protection Agency, 1988, Report to Congress: Wastes 

from the Combustion of Coal by Electric Utility Power Plants, EPA/530-SW88-002 (based on data reported in Utility Solid Waste Activity Group, Survey 

of State Laws and Regulations Governing Disposal of Utility CoalCombustion Byproducts, 1983), Washington, DC. 

EPA 1999a U.S. Environmental Protection Agency, 1999, Report to Congress: Wastes 

from the Combustion of Fossil Fuels, EPA 530-R-99-010, Washington, DC, 

March. 

EPA 1999b U.S. Environmental Protection Agency, 1999, Technical Background 

Document for the Report to Congress on Remaining Wastes from Fossil Fuel 

Combustion: Existing State Regulatory Controls, Washington, DC, March 15. 
A-90 

EPA 2000 EPA 2000 U.S. Environmental Protection Agency, 2000, “Regulatory 

Determination on Wastes from the Combustion of Fossil Fuels: Final Rule,” 

40 CFR Part 261, 65 Federal Register 32214, May 22. 

IEPA 2005 Illinois Environmental Protection Agency, 2005, telephone conversation 

regarding regulation and permitting of CCBs in Illinois, between C. Liebman 

(IEPA) and N. Ranek (Argonne National Laboratory), Nov. 17. 

TCEQ 2004a Texas Commission on Environmental Quality, 2004, Landfills, Technical 

Guideline No. 3, issued May 3, 1976, revised Oct. 13, 2004. 

TCEQ 2004b Texas Commission on Environmental Quality, 2004, Nonhazardous Industrial 

Solid Waste Surface Impoundments, Technical Guideline No. 4, issued May 3, 

1976, revised Nov. 2, 2004. 

TCEQ 2004c Texas Commission on Environmental Quality, 2004, Ground-Water 

Monitoring, Technical Guideline No. 6, issued May 3, 1976, revised 

November 30, 1995, and Oct. 25, 2004. 

USWAG 2005 Utility Solid Waste Activities Group, 2005, letter from J. Roewer USWAG 

regarding regulation of coal ash in Ohio and Texas to D. Littleton (DOE) and 

D. Elcock (Argonne National Laboratory), Oct. 18. 

VDEQ 2004 Virginia Department of Environmental Quality, 2004, VPDES Permit Manual, 

Richmond, VA, June. 
 B-1 

APPENDIX B: 

QUESTIONNAIRE FOR NEWLY PERMITTED, BUILT, OR LATERALLY 

EXPANDED DISPOSAL/MANAGEMENT UNITS 
 B-2 
 B-3 

APPENDIX B: 

QUESTIONNAIRE FOR NEWLY PERMITTED, BUILT, OR LATERALLY 

EXPANDED DISPOSAL/MANAGEMENT UNITS 

(Information on Units Where New Construction or Lateral Expansion Was Permitted on or after 

January 1, 1994) 

1.0 Identification

1.1 Disposal Unit 

Name: 

Street address: 

City: 

County: 

State: 

Zip code: 

Phone number: 

1.2 Owner 

Name: 

Street address (if different): 

City: 

County: 

State: 

Zip code: 

Phone number: 

1.3 Dates

Date construction complete: 

Date opened: 

Comments: 

1.4 Type of Unit

 Landfill 

 Surface impoundment 

 Sand and gravel pit 

 Other (explain): 

 New unit 

 Lateral expansion 

 Other (please explain): 
 B-4 

Comments: 

2.0 Materials Managed/Disposed of at Unit

2.1 Please indicate the types of materials managed/disposed of at the unit and the approximate 

percent of total materials. 

______ Coal fly ash (______ %) 

______ Coal bottom ash (______ %) 

______ Boiler slag (______ %) 

______ Fluidized bed combustion ash (______ %) 

______ Petroleum coke combustion waste (______ %) 

______ Wet FGD materials (______ %) 

______ Dry FGD materials (e.g., spray dryer ash) (______ %) 

______ Oil combustion waste (______ %) 

______ Natural gas combustion waste (______ %) 

______ Ancillary small volume wastes (e.g., co-managed waste) (______ %) 

______ Coal combustion by-products (CCBs) from nonutilities (______ %) 

______ Other (specify): (______ %) 

Comments: 

3.0 Was pre-permit site characterization conducted for the unit?

Yes 

No 

Comments: 

4.0 Disposal/Management Unit Liner Characteristics

Please indicate liner type: 

 Single liner 

 Double liner 

 Clay liner 

 Synthetic liner 

 Compacted clay 
 B-5 

 Compacted ash 

 Compacted in-situ soil 

 Combination (please describe): 

 Other (please specify): 

Liner thickness: 

Liner hydraulic conductivity (in-cm/sec): 

 Not lined. 

If not lined, describe supporting rationale: 

Comments: 

5.0 Permit Information

5.1 Is the unit authorized by one or more permits? 

 No 

 Yes 

5.2 If yes, please indicate which of the following are required by the permit(s): 

 Liner 

 Groundwater monitoring 

 Groundwater-protection standards 

 Obligations to take corrective action 

 Bonding/financial assurance 

 Closure & post-closure requirements 

 Inspections of the unit 

 Other requirements (please specify): 

 

Comments: 
 B-6 

5.3 For each permit, please indicate the following: 

Issuing Agency 

Type (e.g. State waste 

permit, local permit, 

SMCRA, NPDES) 

Date 

Issued 

Expiration 

Date Permit Number 

 

Please provide a copy of the primary permit for the unit that contains requirements 

identified in Section 5.2. 

5.4 Were any variances granted? 

 No 

 Yes 

If yes, please explain: 

Comments: 

6.0 Regulator Inspections

Have any regulators inspected the unit? 

 No 

 Yes 

Comments: 
 B-7 

7.0 Monitoring

7.1 Is groundwater monitoring of the disposal/management unit conducted? 

 No 

 Yes 

7.2 If yes, is that due to: 

 Permit requirements 

 Regulatory requirements 

 Agreement 

 Voluntary 

 Other (please explain): 

7.3 Groundwater constituents monitored (Please list) 

 

7.4 Groundwater-monitoring frequency 

 Annual 

 Semiannual 

 Quarterly 

 Monthly 

 Other (please specify) 

7.5 Number of groundwater-monitoring wells 

 Total 

 Within boundaries of unit 

 Outside boundaries of unit 

 Upgradient of unit 

 Downgradient of unit 

 In disposal/management area 

Comments: 
 B-8 

8.0 Other comments on the adequacy of current regulations for disposal/management unit

8.1 Please provide any other comments or data to support the concept that the disposal/ 

management unit has been designed and is operating in a fashion that is protective of human 

health and the environment 

8.2 Please provide any other comments or data regarding how current regulations will prevent 

past practices that may have led to damages at other sites from occurring in the future. 

Other comments: 

8.3 Please provide point of contact who can respond to possible additional questions: 

Name: 

Title: 

Email: 

Address: 

Telephone: 
 C-1 

APPENDIX C: 

SURVEY RESPONSE RATE AND SAMPLE SIZE BASED ON COAL-FIRED 

POWER PLANT GENERATING CAPACITY
 C-2 
 C-3 

APPENDIX C: 

SURVEY RESPONSE RATE AND SAMPLE SIZE BASED ON COAL-FIRED 

POWER PLANT GENERATING CAPACITY 

C.1 SUMMARY 

The U.S. Department of Energy (DOE) and U.S. Environmental Protection Agency 

(EPA) obtained data on recent and current disposal practices from a six-page questionnaire that 

the Utility Solid Waste Activities Group (USWAG), a utility trade association that represents 

85% of total U.S. electric generating capacity, had distributed to its members in December 2004. 

In addition, the EPA asked State regulators from nine selected States for information on disposal 

units that might not have been covered in the USWAG survey. From both these sources, a total 

of 56 units (45 surveyed and 11 not surveyed) were identified. Information on these units formed 

the basis for this analysis of recent and current disposal practices. 

The total number of coal combustion waste (CCW) disposal units permitted, built, or 

laterally expanded between January 1, 1994, and December 31, 2004, (“new units”) is not 

known. No industry organization or government agency tracks this information.1 However, by 

using total coal-fired power plant generating capacity as a proxy for waste produced, and, 

therefore, for new disposal units built or expanded, we estimate that the 56 disposal units 

identified in this analysis (and on which the analysis is based) represent 63% to 71% of the total 

universe of such new disposal units. This coverage estimate is conservative, and thus likely 

underestimates the actual coverage for the following reasons. First, the coal-fired power plant 

generating capacity that actually creates CCW that requires disposal is much less than the total 

generating capacity that was used to calculate the sample coverage rate. This is because the total 

U.S. coal-fired power plant generating capacity (335.2 GW in 2004) includes power plants that 

are on standby and thus do not produce power or CCW. Second, a significant portion of CCW is 

beneficially used and thus does not require disposal. This portion is estimated to be roughly 35% 

according to data obtained from the Energy Information Administration (EIA 2004; 2006a,b), 

and roughly 40% according to data provided by the American Coal Ash Association 

(ACAA 2004). Finally, because the coal-fired generating capacity that was added between 

January 1995 and August 2005 (a period that closely corresponds to the period covered by the 

survey) was less than 3% of the total coal-fired generating capacity, it follows that new disposal 

capacity would be required for only a small portion of the total generating capacity. 

C.2 BACKGROUND 

As stated above, the number of new disposal units is not known. However, even though 

the total number of new disposal units permitted, built, or laterally expanded during the 1994 to 

2004 period is not known, information from the National Energy Technology Laboratory 

 

1 For a glimpse into the possible size of this universe in the 1990s and the uncertainties associated with efforts to 

define it, see DPRA (2004). 
 C-4 

(NETL)2 indicates that very few new coal-fired plants were built during roughly that same 

period. In other words, between January 1995 and August 2005, only 8.8 GW of the total coalfired capacity (2.6% of the total capacity) was added. 

In addition, disposal capacity for new plants is generally designed and built to last 

40 years, to match the life expectancy of newly constructed power generation units, and thus 

there would be no need to build or expand disposal capacity for a power plant until a time 

approaching roughly 40 years since it was built or last expanded. The implication of the cited 

parameters for the expected disposal unit coverage can be illustrated using information on the 

commissioning dates of coal-fired power plants in Texas. Of the 22 coal-fired power plants in 

Texas, only two—a 2-MW plant built in 1921 and a 363-MW plant built in 1953—are more than 

40 years old and thus potentially needing additional disposal capacity. However, because these 

two plants are so old, it is likely that any additional capacity would have already been built 

before the 1994 to 2004 period covered by this study. Also, none of the 22 Texas plants were 

built or expanded after 1992, so there would have been no new disposal units built to provide 

disposal capacity for any new or expanded units in the 1994 to 2004 time period. 

C.3 USWAG SURVEY 

DOE and the EPA obtained data on the number of new units and the CCW management 

practices carried out at those units from a six-page questionnaire that USWAG had distributed in 

December 2004 to all 52 of its members that own or operate coal-fired electric utilities. USWAG 

is a utility trade association whose members owned or operated coal-fired power plants that had 

a capacity of 224.2 GW in 2004; this was 67% of total U.S. utility coal-fired capacity of 

335.2 GW.3,4 In addition, since the National Rural Electric Cooperative Association (NRECA) 

and American Public Power Association (APPA) are members of USWAG, these trade 

associations distributed the survey to all of their member companies (representing 24 GW of 

coal-fired capacity for each of the associations). The combination of NRECA, APPA, and 

investor-owned utilities in the survey ensures a comprehensive coverage of different size power 

plant populations in the survey.5 Responses from these utilities are included in the USWAG 

totals in the following discussion. DOE and the EPA also obtained data from contacts made by 

the EPA with regulators in selected States. 

 

2 The NETL New Power Plant Database, August 2005, was derived from the EIA’s Utility and Nonutility 

Databases, the Utility Data Institute’s North American Business Directory, The McIlvaine Company’s Electric 

Utility Database, and the EPA’s emissions databases. The NETL New Power Plant Database is available at 

http://www.netl.doe.gov/coal/refshelf/ncp.pdf. 

3 USWAG members also include operators of non-coal-fired power plants and trade associations. The association 

has about 80 members in all. 

4 Electric Power Annual with Data for 2004, a report released in November 2005, is available at http://www.eia.

doe.gov/cneaf/electricity/epa/epat2p2.html. 

5 NRECA’s average power plant has a generating capacity of 353 MW and a range of 15 to 1,180 MW (for 

70 members). APPA’s average power plant has a generating capacity of 137 MW and a range of less than 1 to 

820 MW (for 177 member plants). Investor-owned USWAG member plants have an average generating 

capacity of 804 MW and a range of 11 to 3,564 MW (for 279 member plants). 
 C-5 

 USWAG asked for a response from each member company (in the form of a returned, 

completed survey) only if the company had any “new units.” If a member company did not return 

a survey, it was assumed that the member company had no new units. (The validity of this 

assumption is addressed later in this appendix.) Twenty-three USWAG members responded by 

returning completed questionnaires for units that they believed met the criteria for new units;6

members that had more than one new unit sent completed surveys for each of their new units. 

(In addition, six USWAG, one APPA, and two NRECA member companies responded by saying 

that they had no new units.) 

The 23 USWAG members that responded with completed surveys for new units had coalfired power plants totaling 138.4 GW of capacity. In 2004, total USWAG coal-fired generating 

capacity was 224.2 GW. Thus, the responses received from those that reported new units 

covered roughly 62% of USWAG coal-fired capacity. 

Since the total number of new units is not known, we used coal-fired generating capacity 

to serve as a proxy for calculating the response rate and sample coverage. The use of this proxy 

likely resulted in a significant underestimation of the sample size, but it appeared to be the best 

proxy that could be developed, given the lack of available knowledge on the total number of new 

disposal units. Reasons that total coal-fired capacity results in an underestimation of sample size 

include the following: 

• Total U.S. generating capacity includes the capacities of all coal-fired units, 

most of which have a life span of more than 40 years. Many of these units are 

on standby and thus do not produce power or CCW. 

• Since only about 9 GW (less than 3% of total coal-fired generating capacity) 

was added as new power plants during the past decade, it follows that new or 

expanded disposal units would be required for only a small portion of total 

capacity. 

• Newly constructed plants may not dispose of CCW but instead recycle the 

by-products for beneficial use. Of the total amount of CCW generated each 

year in the United States, roughly 35%, based on data obtained from the 

EIA (EIA 2004; 2006a,b) and roughly 40%, according to the ACAA (ACAA 

2004), is used beneficially and does not need disposal. 

 

6 Some members sent surveys for mine disposal units; units that were permitted, constructed, or laterally 

expanded either before or after the 1994 to 2004 time frame; and units that had only been expanded vertically 

(i.e., no change of footprint) within the 1994 to 2004 time frame. These survey responses were not included in 

the analysis. 
 C-6 

C.4 FOLLOW-UP TO VERIFY COMPLETENESS OF USWAG MEMBER 

RESPONSE TO SURVEY 

To verify the assumption that the lack of a response from a utility meant that it had no 

new units that met the criteria (meaning that it could, in fact, have had new units that were not 

covered in the survey), and to determine whether any USWAG members had new units that they 

did not identify, USWAG conducted a follow-up in January 2006. USWAG contacted each of 

the members that did not respond to the December 2004 survey request. The follow-up indicated 

that of the 29 members that either did not respond or had previously responded that they had no 

new units, 25 (representing 58.2 GW of capacity) did indeed have no new units that met the 

criteria, but 4 (with 27.5 GW of capacity) actually did have units that met the criteria and were 

missed in the original 2004 survey (Table C.1). Thus, all USWAG members with coal-fired 

capacity responded either to the December 2004 survey or the January 2006 follow-up, and the 

overall response rate (which includes both those that responded to the survey and those contacted 

during the follow-up) was 100%. 

C.5 INDEPENDENT EPA VERIFICATION 

 To verify independently the assumption that a lack of response meant the utility had no 

new units, and to obtain information on units that might have been missed by the 2004 USWAG 

survey and on units owned by non-USWAG, non-NRECA, and non-APPA members, the EPA 

asked State regulators from nine selected States7 for information on new units. The USWAG 

survey responses identified 45 new units (the surveyed units), and the EPA effort identified 

11 new units that had not already been identified for inclusion by the USWAG survey (the 

TABLE C.1 Results of the January 2006 Follow-up to the USWAG Survey 

Utility Companies (USWAG members)a Number 

Coal-Fired Capacity 

in 2004 (GW) 

Companies that did not respond to the survey or that responded that they had no 

new units in the original survey 

29 85.7 

Companies that verified that they had no new units in the follow-up 25 58.2 

Companies that indicated that they had new units that should have been included 

in the 2004 survey 

4 27.5 

Companies that did not respond to follow-up calls 0 0 

a A utility company can have multiple generating plants or facilities and hence multiple disposal units. 

 

7 The EPA’s selected States were those that top the list of consumption of coal for electricity generation and/or 

CCW generation. The selected states, however, do not include those States that have extensive coal-mining 

operations where a significant portion of the CCWs are inferred to be disposed of as minefill, and those that do 

not require permits for disposal of dry ash and, therefore, lack pertinent records. 
 C-7 

nonsurveyed units). The capacity represented by companies owning these nonsurveyed 11 units 

was 14 GW. Information on the 56 identified units formed the basis for this analysis of recent 

and current disposal practices. 

C.6 SAMPLE COVERAGE 

The data collection effort was intended to identify and include as many new units in the 

universe as possible. As stated previously, the total number of new disposal units (the size of the 

universe of CCW disposal units) is not known. However, assuming that the number of units is 

proportional to utility coal-fired generating capacity, it appears that the 56 identified new units 

represent roughly 45% of the universe of such units. This number is calculated by adding the 

capacity of the UWSAG member utilities reporting new units (138.4 GW) to the capacity of the 

additional 11 units identified by the EPA (14 GW), and dividing the total (152.4 GW) by the 

total U.S. coal-fired generating capacity (335.2 GW). 

To incorporate the capacity of the utilities that responded that they had no new units into 

the “sample,” this 45% was adjusted by adding the generating capacities of the utilities that 

verified that they had no new units (58.2 GW) and the utilities that had qualifying units that did 

not respond to the original 2004 survey8 (27.5 GW) to the numerator cited above (152.4 GW) 

and dividing the total by the total U.S. capacity (335.2 GW). The result is 71%. This represents 

the percent of total capacity covered by the utilities with new disposal units and those reporting 

that they had no disposal units. If we omit the capacity of the utilities with supplemental (newly 

identified) units in the 2006 follow-up (since they were not included in the analysis), the sample 

coverage is 63%. 

Because the sample represents 63% of the coal-fired generating capacity in the United 

States (this includes both USWAG and non-USWAG companies that responded to the survey, as 

well as the EPA-identified units), and because the size of the universe of new units is not known, 

we believe that the information obtained and analyzed can be used to identify general trends in 

CCW disposal practices between 1994 and 2004. 

 

8 Because these units were identified only in the January follow-up, they are not included in this analysis. 

However, to determine if the exclusion of these units from the analysis may have produced findings that were 

not representative of the units that comprised the analysis, we compared the results for the key parameters of 

interest (liners and groundwater monitoring) for the USWAG-identified units with those for the EPA-identified 

units and the supplemental units; the results from all groups were found to be consistent. 
 C-8 

C.7 REFERENCES 

ACAA 2004 American Coal Ash Association, 2004, Coal Combustion Product (CCP) 

Production and Use Survey. Available at http://www.acaa-usa.org/

PDF2004_CCP_Survey(9-9-05).pdf. 

DPRA 2004 DPRA Incorporated, 2004, Validation of Fossil Fuel Combustion Regulation 

Proposed Rule Cost Elements, draft report prepared for the 

U.S. Environmental Protection Agency, Washington, DC, Nov. 30. 

EIA 2004 Energy Information Administration, 2004, “Annual Steam-Electric Plant 

Operation and Design Data, EIA-767 Data Files.” Available at 

http://www.eia.doe.gov/cneaf/electricity/page/eia767.html. 

EIA 2005 Energy Information Administration, 2005. Electric Power Annual with Data 

for 2004, Nov. Available at http://www.eia.doe.gov/cneaf/electricity/epa/

epat2p2.html. 

EIA 2006a Energy Information Administration, 2006a, e-mail message from N. Ko 

(Survey Manager, EIA 767, Electric Power Division, Energy Information 

Administration) regarding data clarification for Kentucky and Connecticut to 

D. Littleton (U.S. Department of Energy), April 15. 

EIA 2006b Energy Information Administration, 2006b, e-mail message from N. Ko 

(Survey Manager, EIA 767, Electric Power Division, Energy Information 

Administration) regarding data clarification for Delaware to M.A. Hunt 

(U.S. Environmental Protection Agency, Region III), July 20. 
 D-1 

APPENDIX D: 

RECONCILIATION OF UNITS IDENTIFIED 

BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY 
 D-2 
 D-3 

TABLE D.1 Reconciliation of Units Identified by the U.S. Environmental Protection Agency

ID Unit Name Issue Resolutiona

302 Savannah Electric and Power 

Company (SEPCO), Grumman Rd. 

(LI) (Port Wentworth) 

A solid waste permit was issued in 1986, and a State 

vertical expansion permit was issued in 1998. Since 

1994, the only permit issued has been the permit for 

vertical expansion. Vertical expansion permits are 

not included. 

No 

303 SEPCO, Plant McIntosh, Ash 

Monofill #4 

The permit was issued in April 2005. The unit has 

not been built; it is outside the 1994 to 2004 range. 

No 

314 Hutonsville Power Station This unit is already in the database; the operator 

submitted a completed survey. 

Yes, but 

already 

included 

321 JH Campbell Type III Landfill Unit built or expanded before the U.S. Environmental Protection Agency (EPA)-specified cutoff 

date. JH Campbell is not included in the database 

because the permit was issued in 1993 (outside the 

range). 

No 

331 Marshall Plant, Flue Gas 

Desulfurization (FGD) Residue 

Landfill, Catawba Co. 

 Yes 

336 Basin Electric Power Coop, Leland 

Olds Station 

Unit built or expanded before the EPA-specified 

cutoff date. Leland Olds was originally identified but 

not included in the Utility Solid Waste Activities 

Group (USWAG) survey, because the permit was 

issued in 1993. 

No 

337 Minnkota Power Coop, 

M.R. Young Station 

Unit built or expanded before the EPA-specified 

cutoff date. EPA information says that the unit was 

opened in 1982 and upgraded with clay liners in the 

1980s; disposal of FGD/fly ash was discontinued, 

and the disposal unit is now empty. 

No 

338 

and 

345 

Montana Dakota Utilities, Heskett 

Station 

Unit appears two times in the EPA list, both times 

with an opening year (1989) prior to the cut-off date, 

but with phased construction ongoing. 

No 

and 

Yes 

343 Dakota Gasification Company 

(2) SP SP-169 

This unit is not a coal combustion disposal unit. This 

is a coal gasification plant, not a coal combustion 

site. 

No 

344 Otter Tail Power Company, Coyote 

Station Ponds 

Unit built or expanded before the EPA-specified 

cutoff date. EPA information indicates that the unit 

opened in 1979. 

No 

351 Dayton Power & Light, Stuart Fly 

Ash Impoundment #10 

The EPA data appear to be inaccurate. The utility, 

via USWAG, said that the impoundment received a 

permit from the Ohio Environmental Protection 

Agency (OEPA) in November 1999. Construction 

was initiated in 2000. 

Yes, with 

corrected 

data 

352 Tonkovich Monofill Expansion Yes 

353 Ohio Valley Electric Corporation 

(OVEC), Kyger Creek Power Plant 

Impoundments 

 Yes 

354 Cardinal Fly Ash Reservoir II 

Impoundment 

Unit built or expanded before the EPA cutoff date. 

An application for an OPEA Permit to Install (PTI) 

for Fly Ash Reservoir II was submitted to OEPA on 

April 23, 1984. The PTI was issued by OEPA on 

February 4, 1985. 

No 
 D-4 

TABLE D.1 (Cont.) 

ID Unit Name Issue Resolutiona

355 Richmond Mill 2 Monofill Unit built or expanded before the EPA-specified 

cutoff date. The facility was originally permitted in 

1985. Subsequent permitting involved (1) approval 

to receive ash from power plants other than that for 

which the facility was originally constructed and 

(2) a vertical expansion on the original footprint of 

the facility. 

No 

356 Muskingum River Power Plant 

Impoundments 

Prior to EPA cutoff date. The existing fly ash pond at 

the Muskingum River Plant has been in operation 

since 1975. In March 2004, a request for a permit 

modification to raise the elevation of the dam that 

was originally constructed before 1975 was 

submitted to OEPA. OEPA issued a PTI for raising 

the elevation in May 2004. The modification 

required the installation of 15 groundwater 

monitoring wells around the impoundment. 

No 

357b Coffeen Power Station Landfillb Yes 

358 Basin Electric Power Coop, 

Antelope Valley Station (AVS), 

SP-160 

 Yes 

359 Great River Energy (Underwood) 

SP-174 

 Yes 

360 Minnkota Power Cooperative, 

M.R. Young Station, Bottom Ash 

IT-205 

 Yes 

361 Otter Tail Power Company, Coyote 

Station, Blue Pit SP-182 

 Yes 

362 Dayton Power & Light, Stuart Fly 

Ash Landfill #11 

 Yes 

363 Welsh Bottom Ash Pond Yes 

a Yes means included in database; no means not included. 

b A completed survey was subsequently obtained for this unit, and to maintain consistency with the numerical 

identification/tracking system (surveyed units are numbered between 200 and 299; nonsurveyed units are 

numbered between 300 and 399), this unit was reclassified with the number 253. 
 E-1 

APPENDIX E: 

UNIT COMPLETION DATA 
 E-2 
 E-3 

TABLE E.1 Trends in Unit Completion

ID 

Year 

Construction 

Complete 

Year 

Opened Typeb Comments 

207 2003 2004 SI 

227 2003 2003 LF Original unlined landfill opened in 1988. Lined expansion was built on 

top of the original unlined portion. Phase I was completed in 

November 2003. After State approval of Phase I, expanded landfill 

opened in December 2003. 

213 2003 2003 SI 

222 2003 1996 LF Landfill was constructed over time. Liner was completed in 

September 2003. There are at least 6 more years of life in the landfill, 

which is in three noncontiguous areas. While Area 2 was being built, 

Area 1, which is across railroad tracks from Area 2, was being used. 

237 2003 −a LF Operating license was applied for on November 17, 2004; landfill is not 

yet opened. 

230 2003 − LF Construction phases were completed in 1993 (Phase I), 1994 (Phase IIA), 

1995 (Phase IIB), 1997 (Phase III), 1998 (Phase IV), and 2003 (Phase V). 

Facility opened in the 1950s. 

233 2002 2002 LF The King (Moelter) Landfill has been expanded four times since 1993 

(in 1994, 1997, 2000, and 2002). 

211 2002 2002 SI 

214 2002 2002 SI 

228 2002 2001 LF The original landfill opened in the early 1980s. 

229 2001 2001 LF Most recent liner expansion was in 2001. A Hypalon® liner was installed 

in 1985. Start-up was in 1978, with a clay liner. 

209 2001 2001 LF Landfill will have four cells, with the cells constructed in phases. The first 

cell was completed in the summer of 2001. Landfill cells are constructed 

in phases to limit leachate production. When one cell is full, it is capped, 

and the next cell is opened. 

236 2001 2001 LF Landfill opened within months of cell completion. The Sherco #3 Ash 

Landfill has been expanded three times since 1993 (in 1994, 1999, and 

2001). 

202 2001 1995 LF The 255-acre landfill was constructed in six phases; the last phase was 

completed on January 22, 2001. The first phase of construction was 

completed on November 17, 1994. 

363 2000 2000 SI 

351 2000 − SI Permit was issued in 1999. Construction began in 2000. 

210 1998 1998 SI 

216 1998 1998 SI 

225 1997 1997 SI 

215 1997 1997 SI 

353 1997 − LF 

226 1996 1998 LF 

352 1996 − LF 

240 1996 − LF Landfill is active. 

218 1995 1995 LF 

232 1995 1995 LF 
 E-4 

TABLE E.1 (Cont.)

ID 

Year 

Construction 

Complete 

Year 

Opened Type Comments 

212 1995 1995 SI 

221 1995 1994 LF Construction was completed in 1995. 

252 1995 1994 SI Construction was completed in 1995. 

358 1995 − LF Liner construction is complete. 

201 1994 1994 LF The initial cell (Phase B) was completed in August 1994. 

217 1994 1994 LF 

235 1994 − SI This is not in operation. 

362 − 2003 LF 

360 − 2002 LF 

361 − 1997 LF 

359 − 1996 LF 

345 − 1989 LF Construction is ongoing, in phases; construction started in 1989. 

331 − − LF Landfill is not operational because scrubbers are not yet installed. Landfill 

should be operating by late 2006. 

245 − 2003 SI 

206 − 2000 SI 

244 − 2000 SI 

204 − 1998 LF Construction is ongoing. 

246 − 1997 LF 

205 − 1995 LF Construction is ongoing. 

200 − 1994 LF New landfill permit was issued. 

203 − 1994 LF Expansion permit was issued. 

220 − 1994 LF Construction is ongoing. 

223 − 1994 LF 

247 − 1994 SI 

241 − − LF Permit was issued on September 23, 1993. The landfill was built in two 

stages: Stage I/II and Stage III. Stage I/II is closed. In Stage III, the 

landfill began receiving waste in the 2002−2003 time frame. 

253 − − LF Landfill is not yet constructed. The company has a permitted area on 

which a landfill can be constructed, but nothing has been constructed 

except groundwater-monitoring equipment for background assessment. 

219 − − LF Construction is ongoing. 

224 − − LF Construction has been deferred; permit was issued on May 14, 2001. 

239 − − LF Landfill is under active operation. Permit was issued in April 2000. 

248 − − SI Unit is still under construction. 

a − = data not provided. 

b LF = landfill; SI = surface impoundment. 
 F-1 

APPENDIX F: 

MATERIALS DISPOSED OF AT SURVEYED UNITS 
 F-2 
TABLE F.1 Materials Disposed of at Surveyed Unitsa ID Unit Type Coal Fly Ash (%) Coal Bottom Ash (%) Boiler Slag (%) Wet FGD Waste (%) Dry FGD Waste (%) Co-managed Waste (%) Nonutility CCB (%) Other Materials (%) Description of “Other Materials” 246 LF 100 0 0 0 0 0 0 <5 General plant trash in an amount of less than 5% 217 LF 100 0 0 0 0 0 0 0 NA None 233 LF 99.5 0 0.5 0 0 0 0 0 NA None 227 LF 99 0 0 0 0 1 0 0 NA Small 

wastescommBottom ash pothe actmalfunash ha

226 LF 98 0 0 2 0 0 0 0 NA Numb

ending 

205 LF 94 6 0 0 0 0 0 0 NA None 204 LF 92 8 0 0 0 0 0 0 NA None 220 LF 85 0 0 10 0 0 2.5 2.5 Filter, baghouse bags 

subject to approval 

None 

203 LF 80 20 0 0 0 0 0 0 NA None 200 LF 80 20 0 0 0 0 0 0 NA None 230 LF 76 22 0 0 0 0 0 2 Miscellaneous industrial 

waste materials from operating coal-fired power plant: refractory, sandblast grit 

None 
TABLE F.1 (Cont.) ID Unit Type Coal Fly Ash (%) Coal Bottom Ash (%) Boiler Slag (%) Wet FGD Waste (%) Dry FGD Waste (%) Co-managed Waste (%) Nonutility CCB (%) Other Materials (%) Description of “Other Materials” 218 LF 75 25 0 0 0 0 0 0 NA None 239 LF 70 20 0 0 0 8 0 2 Miscellaneous industrial waste materials from operating coal-fired power plant: asbestos, demolition debris, intake dredge material, sand-blasting grit, intake structure cleanings Co-ma

sedimmedia

219 LF 70 30 0 0 0 0 0 0 NA None 240 LF 67 14 0 12 0 0 0 7 Miscellaneous 

industrial waste materials from operating coal-fired power plant 

None 

236 LF 65 0 0 0 35 0 0 0 NA None 209 LF 48 52 0 0 0 0 0 <1 <1% asbestos and 

wastewater treatment sludge 

Asbesfly ash 
TABLE F.1 (Cont.) ID Unit Type Coal Fly Ash (%) Coal Bottom Ash (%) Boiler Slag (%) Wet FGD Waste (%) Dry FGD Waste (%) Co-managed Waste (%) Nonutility CCB (%) Other Materials (%) Description of “Other Materials” 228 LF 39 0 0 58 0 0 0 3 Quicklime added for fixation/stabilization Coal f

35−40FGD w55−60wastes adjustsolids quicklcombuknown (FSS) 

201 LF 28 3 3 66 0 0 0 0 NA None 223 LF 20 2 0 78 0 0 0 0 NA Poz-O229 LF 10 0 15 0 0 0 0 75 5% ancillary smallvolume wastes and 

70% clinker ash 

None 

202 LF .05 1.3 0 98.4 0 0 0 .26 0.25% stone and rock 

for roads and 0.01% lime ball mill rejects and pulverizer rejects 

Bottom constr

221 LF 0 95 0 0 0 0 0 5 Boiler cleaning - 

physical 

Facilitponds inert-bmateriponds

224 LF 0 15 0 0 85 0 0 0 NA None 
TABLE F.1 (Cont.) ID Unit Type Coal Fly Ash (%) Coal Bottom Ash (%) Boiler Slag (%) Wet FGD Waste (%) Dry FGD Waste (%) Co-managed Waste (%) Nonutility CCB (%) Other Materials (%) Description of “Other Materials” 222 LF 0 10 0 89 0 1 0 0 NA Co-ma

wastesoutagesludgeare eitancilla

232 LF 0 0 0 0 0 0 0 100 Slag produced by the IGCC gasifier A stat

boiler) The slthe gacoal to is used is then comporesults by-promanuf

253 LF 0 0 0 0 0 0 0 0 NA This is 

landfilcurrenThe lamanagboiler wastes generathan 5coal an

241 LF See 

comments 

0 0 See 

comments 

See 

comments 

See 

comments 

0 See 

comments

Wastewater basin sludge, oilcontaminated soil 

Percenand FGwastes 

237 LF See 

comments 

See 

comments 

0 0 See 

comments 

0 0 0 NA Coal f

dry FGno per

244 SI 100 0 0 0 0 0 0 0 NA None 
TABLE F.1 (Cont.) ID Unit Type Coal Fly Ash (%) Coal Bottom Ash (%) Boiler Slag (%) Wet FGD Waste (%) Dry FGD Waste (%) Co-managed Waste (%) Nonutility CCB (%) Other Materials (%) Description of “Other Materials” 245 SI 100 0 0 0 0 0 0 0 NA None 247 SI 100 0 0 0 0 0 0 0 NA None 206 SI 95 0 0 0 0 5 0 0 NA Co-ma

drains regene

248 SI 80 20 0 0 0 0 0 0 NA None 210 SI 80 20 0 0 0 0 0 0 NA None 214 SI 80 20 0 0 0 0 0 0 NA None 211 SI 80 20 0 0 0 0 0 0 NA None 207 SI 78 22 0 10 0 0 0 0 NA Coal f

Unit 1 Units ash: Unit 1 Units 

216 SI 50 50 0 0 0 0 0 0 NA None 215 SI 50 50 0 0 0 0 0 0 NA None 235 SI 50 25 0 25 0 0 0 0 NA None 213 SI 30 70 0 0 0 0 0 0 NA None 212 SI 30 70 0 0 0 0 0 0 NA None 
TABLE F.1 (Cont.) ID Unit Type Coal Fly Ash (%) Coal Bottom Ash (%) Boiler Slag (%) Wet FGD Waste (%) Dry FGD Waste (%) Co-managed Waste (%) Nonutility CCB (%) Other Materials (%) Description of “Other Materials” 225 SI 15 0 5 80 0 0 0 0 NA None 252 SI 0 95 0 0 0 0 0 5 Boiler cleaning - physical Facilit

ponds inert-bmateriponds

a CCB = coal combustion by-products; FGD = flue gas desulfurization; IGCC = integrated gasification combined cycle; LF = landfill; NA = not ap

impoundment. 
 G-1 

APPENDIX G: 

PERMITS ISSUED FOR SURVEYED UNITS 
 G-2 
TABLE G.1 Permits Issued for Surveyed Units ID State Unit Typea Permit Typeb Issuing Agencyc Issue Date Expiration Date 

Cop

Sub

Surv

217 OH LF Air OEPA 2/1/1994 − 221 ND LF Conditional use County −d − 220 ND LF Conditional use County − − 219 ND LF Conditional use County 4/1/2000 3/31/2005 237 MI LF Construction MDEQ 2/27/2002 224 MO LF Construction MoDNR 5/14/2001 5/14/2006 241 VA LF Construction Halifax County − − 229 NH LF Health department State 1/1/1978 227 NC LF Industrial LF NC Division of Waste Management 11/1/1988 11/1/2008 222 IN LF NPDES IDEM 10/1/1997 10/1/2002 224 MO LF NPDES MoDNR − − 227 NC LF NPDES NC Division of Water Quality 2/1/2003 3/31/2007 220 ND LF NPDES NDDH 1/1/2002 12/31/2006 221 ND LF NPDES NDDH 1/1/2002 12/31/2006 219 ND LF NPDES NDDH 1/1/2002 12/31/2006 202 OH LF NPDES OEPA 6/27/2002 7/31/2007 201 OH LF NPDES OEPA 5/1/2000 4/30/2005 217 OH LF NPDES OEPA 2/1/1994 − 241 VA LF NPDES VDEQ 12/27/2000 12/27/2005 224 MO LF Operating MoDNR − − 201 OH LF Operating Ohio DOH − − 240 PA LF Residual waste PADEP 3/15/1999 11/4/2008 230 PA LF Residual waste PADEP 6/5/1997 6/5/2007 239 PA LF Residual waste PADEP 4/11/2000 4/11/2010 222 IN LF Restricted waste IDEM 1/1/1996 1/1/2001 229 NH LF State groundwater NHDES − 1/1/2006 232 FL LF State waste FDEP 1/1/1995 − 218 GA LF State waste GA EPD Land Protection Branch 1/10/1994 − 246 IL LF State waste IEPA 9/3/1998 − 253 IL LF State waste IEPA 11/23/2004 9/1/2009 
TABLE G.1 (Cont.) ID State Unit Typea Permit Typeb Issuing Agencyc Issue Date Expiration Date 

Cop

Sub

Surv

228 IN LF State waste IDEM 3/1/2001 3/1/2006 226 IN LF State waste IDEM 7/1/2003 7/1/2008 223 IN LF State waste IDEM 1/1/1995 1/1/2007 236 MN LF State waste MPCA 12/2/2004 12/2/2009 233 MN LF State waste Washington County 7/1/2004 6/30/2005 220 ND LF State waste NDDH 12/19/1994 12/19/2004 219 ND LF State waste NDDH 11/3/1997 11/3/2007 221 ND LF State waste NDDH 12/19/1994 12/19/2004 229 NH LF State waste NHDES 1/1/1985 − 201 OH LF State waste OEPA 5/21/1993 − 202 OH LF State waste Ohio DOH − − 202 OH LF State waste OEPA 1/27/1994 − 200 VA LF State waste VDEQ 1/6/1994 − 203 VA LF State waste VDEQ 9/8/1994 − 241 VA LF State waste VDEQ 9/23/1993 − 209 WI LF State waste WDNR 10/1/2004 9/30/2005 205 WV LF State waste WVDEP 10/4/2004 10/3/2009 204 WV LF State waste WVDEP 3/10/2004 6/30/2008 209 WI LF Storm water WDNR 8/1/2001 3/31/2006 233 MN LF Waste MPCA 3/31/2003 3/31/2008 217 OH LF Wastewater OEPA 2/1/1994 − 252 ND SI Conditional use County − − 214 IL SI Constr/operating IEPA 1/28/2002 − 212 IL SI Constr/operating IEPA 12/12/1994 − 211 IL SI Constr/operating IEPA 6/5/2002 − 210 IL SI Constr/operating IEPA 8/15/1997 − 206 IL SI Constr/operating IEPA − − 215 IL SI Constr/operating IEPA 5/29/1997 − 213 IL SI Constr/operating IEPA 5/29/2003 − 216 IL SI Constr/operating IEPA 4/13/1998 − 
TABLE G.1 (Cont.) ID State Unit Typea Permit Typeb Issuing Agencyc Issue Date Expiration Date 

Cop

Sub

Surv

248 IN SI Construction IDEM 10/1/2001 − 245 MO SI Construction MoDNR 7/26/2001 − 247 MO SI Construction MoDNR 5/10/1993 − 244 MO SI Construction MoDNR 11/14/1995 − 225 ND SI Construction ND State Water Commission 6/2/1994 − 207 NM SI Dam construction NM State Engineer’s Office 2/25/2003 − 212 IL SI Dam safety IDNR 8/16/2004 − 211 IL SI Dam safety IDNR 10/25/2002 − 210 IL SI Dam safety IDNR 4/10/1998 − 215 IL SI Dam safety IDNR 8/12/1997 − 214 IL SI Dam safety IDNR 5/28/2002 − 213 IL SI Dam safety IDNR 11/10/1994 − 216 IL SI Dam safety IDNR 6/4/1998 − 213 IL SI NPDES IEPA 5/1/2002 4/30/2007 212 IL SI NPDES IEPA 4/30/2002 4/30/2007 215 IL SI NPDES IEPA 5/1/2002 4/30/2007 211 IL SI NPDES IEPA 4/25/2002 4/30/2007 214 IL SI NPDES IEPA 3/1/2003 2/28/2008 210 IL SI NPDES IEPA 4/25/2002 4/30/2007 216 IL SI NPDES IEPA 5/1/2002 4/30/2007 248 IN SI NPDES IDEM 1/1/1990 − 235 MN SI NPDES MPCA 4/12/2004 3/31/2009 252 ND SI NPDES NDDH 1/1/2002 12/31/2006 252 ND SI State waste NDDH 12/19/1994 12/19/2004 225 ND SI State waste NDDH 6/14/1995 6/14/2005 Footnotes on next page.
TABLE G.1 (Cont.) a LF = landfill; SI = surface impoundment. b NPDES = National Pollutant Discharge Elimination System. c FDEP = Florida Department of Environmental Protection; GA EPD = Georgia Environmental Protection Division; IDE

Department of Environmental Management; IDNR = Illinois Department of Natural Resources; IEPA = Illinois EnviroProtection Agency; MDEQ = Michigan Department of Environmental Quality; MoDNR = Missouri Department of NatResources; MPCA = Minnesota Pollution Control Agency; NDDH = North Dakota Department of Health; NHDES = NHampshire Department of Environmental Services; Ohio DOH = Ohio Department of Health; OEPA = Ohio EnvironmProtection Agency; PADEP = Pennsylvania Department of Environmental Protection; VDEQ = Virginia Department oEnvironmental Quality; WDNR = Wisconsin Department of Natural Resources; WVDEP = West Virginia Department Environmental Protection. d − = data not provided. 
 H-1 

APPENDIX H: 

LINER DATA 
 H-2 
TABLE H.1 Liner Data ID State Unit Type Is Unit New or an Expansion? Type of Liner Description of Combination Linera Liner Thickness Liner Hydraulic Conductivity (cm/s) 223 IN LF Lateral expansion Clay −b 2.5 ft 1 × 10-6 361 ND LF Lateral expansion Clay − − − 359 ND LF − Clay − − − 358 ND LF − Clay − − − 219 ND LF Lateral expansion Clay − 3 ft 1 × 10-7 200 VA LF Both new and lateral expansion Combination Select fill sub-base, synthetic liner, geocomposite leachate collection, and select bottom ash protective layer 30 mil See comments Conduct

and liner Geocom11 cm/s. bottom a

222 IN LF Other Combination Lower 3 ft of clay can be in situ if it meets 1 × 10-6 permeability. Top 2 ft of 5-ft liner must be recompacted. − − 345 ND LF Lateral expansion Combination Clay for early cells, now 

composite 

− − 

203 VA LF Lateral expansion Combination 1.5-ft drainage material, 

synthetic liner, select fill sub-base 

30 mil − 

209 WI LF New Combination GCL/HDPE liner system 60 mil − HDPE li253 IL LF New Combination 36 in. of compacted clay, 

with a geomembrane 

60 mil 1 × 10-7 Double, 

clay, lea

201 OH LF Lateral expansion Combination Composite liner system 

consisting of 18 in. of recompacted clay and a 30-mil PVC geomembrane 

18 in. <1 × 10-7 

362 OH LF − Compacted clay − − − Recomp221 ND LF New Compacted clay 2 ft 1 × 10-8 
TABLE H.1 (Cont.) ID State Unit Type Is Unit New or an Expansion? Type of Liner Description of Combination Linera Liner Thickness Liner Hydraulic Conductivity (cm/s) 220 ND LF New Compacted clay − 2 ft 1 × 10-8 217 OH LF New Compacted clay − 3 ft 1 × 10-7 353 OH LF − Compacted clay − − − Recomp218 GA LF Other Compacted clay − 2 ft minimum 1 × 10-5 10 ft of v

water tablayer. Oconductiacceptabby the Apermeabon this licompriseclayey s39 ('extrLimit va70% fineWhen comaximuclay wouwith hydin the 1 

232 FL LF New Double − 60 mil − 60-mil H246 IL LF New Double Synthetic and compacted 

clay 

60 mil 1 × 10-7 Thickne

352 OH LF − FML w/leachate 

collection 

− − − 
TABLE H.1 (Cont.) ID State Unit Type Is Unit New or an Expansion? Type of Liner Description of Combination Linera Liner Thickness Liner Hydraulic Conductivity (cm/s) 228 IN LF Lateral expansion Multiple types One GCL, then 1 ft of compacted clay, then another GCL make up the liner system; with seepage collection system − 1 × 10-9 The hyd

total line1 × 10-9 bentonitwith seeabout 2 fGCLs) athen 1 ft another system; system) 230 PA LF Other Multiple types Phases V through IX primary GM, secondary GM and GCL 60 mil − 60 mil oHDPE. Sthrough through 

204 WV LF Lateral expansion Multiple types − 2 ft 1 × 10-7 Single, c224 MO LF New Multiple types 60-mil HDPE liner over 2 ft 

of prepared silty-clay subgrade 

60 mil Single, s

226 IN LF Lateral expansion Multiple types Geomembrane and GCL − 1 × 10-7 Double, 

combinaunderlaiclay (2- is for cla

202 OH LF New Multiple types 1.5 ft of clay with 30 mil of 

PVC synthetic liner on top of the clay 

− < 1 × 10-7 1.5 ft of 

Conductpermeab

205 WV LF New Multiple types − 2 ft 1 × 10-7 Single, c237 MI LF New Multiple types Primary is 60 mil of HDPE, 

secondary is 60 mil of HDPE plus GCL 

− − Double, 

between GCL. 
TABLE H.1 (Cont.) ID State Unit Type Is Unit New or an Expansion? Type of Liner Description of Combination Linera Liner Thickness Liner Hydraulic Conductivity (cm/s) 241 VA LF New Multiple types − 60 mil − Single an

is not knis specifwaste re

239 PA LF Lateral expansion Multiple types Stages III and IV, primary GM, secondary GM and GCL − − Single, d

combina60 mil. Sof textur

236 MN LF Lateral expansion Multiple types − − 1 × 10-11 2 ft of cl

Double, 

233 MN LF Lateral expansion Multiple types − − 1 × 10-7 2 ft of cl

Double, 

240 PA LF Lateral expansion Multiple types − 60 mil (PVC) − Single an360 ND LF − Not lined ⎯

inert waste 

− − − Inert wa

229 NH LF Lateral expansion Single − 60 mil 1 × 10-12 331 NC LF New Synthetic − − − Unit rec

for the la2004. Thmodelinsynthetic monitoriHoweveto modethat a syneeded fUnit wilcollectiofrom PauSt. LouiUSWAG
TABLE H.1 (Cont.) ID State Unit Type Is Unit New or an Expansion? Type of Liner Description of Combination Linera Liner Thickness Liner Hydraulic Conductivity (cm/s) 227 NC LF Lateral expansion Synthetic − 40 mil 1 × 10-7 A 40-mi

geomemexisting landfill)bottom aLLDPE drainage collectio

212 IL SI New Clay − 4 ft <1 × 10-7 351 OH SI New Combination 1.5-ft clay liner of 1 × 10-7 conductivity that sits on top of 3.5 ft of compacted in situ clay/soil − 1 × 10-7 216 IL SI Other Combination 12 in. of clay overlain by 

polypropylene 

12 in. See comments 12 in. of 

polyprop1 × 10-6conducti

248 IN SI Lateral expansion Combination 60-mil HDPE liner and 2 in. 

compacted clay 

2.25 ft 1 × 10-8 

210 IL SI New Combination Clay overlain by 

polypropylene 

− See comments 12 in. of 

polyprop= 1 × 10conducti

211 IL SI New Combination Clay overlain by 

polypropylene 

− See comments 12 in. of 

polyprop= 1 × 10conducti

213 IL SI Other Combination 12 in. of clay overlain by 

polypropylene 

− See comments 12 in. of 

polyprop= 1 × 10conducti
TABLE H.1 (Cont.) ID State Unit Type Is Unit New or an Expansion? Type of Liner Description of Combination Linera Liner Thickness Liner Hydraulic Conductivity (cm/s) 215 IL SI Other Combination Double clay w/leachate collection 24 in. <1 × 10-7 Upper cl235 MN SI New Combination − − 5 × 10-13 System u

HDPE li

225 ND SI New Compacted clay − − 1 × 10-7 4 to 10 f

to slope) 214 IL SI Other Compacted clay − 8 ft <1 × 10-7 

363 TX SI New HDPE − − − 207 NM SI Other Multiple types − − − Single, d

ash. SingelectricaDouble lGeogrid 

245 MO SI Other Single − 60 mil 1 × 10-7 40-mil b247 MO SI New Single − 60 mil 1 × 10-7 40-mil b206 IL SI New Single − 60 mil 1 × 10-7 40-mil b244 MO SI Other Single − 60 mil 1 × 10-7 40-mil b252 ND SI New Synthetic − 60 mil 1 × 10-8 a GCL = geosynthetic clay liner; FML = flexible membrane lining; GM = geomembrane; HDPE = high-density polyethylene; LF = la

LLDPE = linear low-density polyethylene; PVC = polyvinyl chloride; SI = surface impoundment. 

b 

− = data not available.
 I-1 

APPENDIX I: 

GROUNDWATER-MONITORING DATA FOR SURVEYED UNITS 

AS REPORTED IN THE SURVEYS 
 I-2 
TABLE I.1 Groundwater-Monitoring Data for Surveyed Units as Reported in the Surveysa 

ID GWM Conducted Unit Type State Constituents Monitored (Comments) Frequency Total In Out 

232 Yes LF FL In accordance with the FDEP-approved GWMP, the monitoring wells are sampled quarterly for in-situ field measurements (static water levels [before purging], temperature, and turbidity) and for laboratory analyses of the following constituents: fecal coliform bacteria, purgeable halocarbons, purgeable aromatics, molybdenum, strontium, and vanadium (primary and secondary groundwater standards as defined in Florida Administrative Code, Chapter 62-520, which are largely the same as the primary and secondary drinking water standards as defined in Florida Administrative Code, Chapter 62-550.) Leachate monitoring from the two lined impoundments is conducted semiannually. Leachate- monitoring parameters include the following in-situ field measurements: colors and sheens, dissolved oxygen, pH, and 

specific conductance. Laboratory analyses include NH4, bicarbonate alkalinity, chlorides, nitrate, TDS, sodium, aluminum, antimony, arsenic, barium, cadmium, chromium, cobalt, copper, iron, lead, mercury, selenium, silver, thallium, tin, vanadium, and zinc. Comments: Facility has a sitewide GWMP developed in accordance with FDEP regulations. The slag storage area and leachate-collection ponds are essentially a subset of the GWMP. There are specific well placements upgradient and downgradient of the slag storage pad and leachate-collection ponds and other strategically placed wells to ensure that there are no impacts to groundwater from these double-lined systems. Some monitoring wells must be sampled once every 5 years per the GWMP. 

Quarterly 4 − − 

218 Yes LF GA Chloride, cadmium, sulfate, lead, silver, selenium, arsenic, and 

barium. 

Semiannual 9 − − 

246 Yes LF IL pH, nitrate, TDS, tin, arsenic, iron, TOC, vanadium, cadmium, 

lead, mercury boron, manganese, sulfate, zinc, cyanide, phenols, and specific conductance. Comments: Organics are sampled annually. 

Quarterly 7 − − 
TABLE I.1 (Cont.) 

ID GWM Conducted Unit Type State Constituents Monitored (Comments) Frequency Total In Out 

253 Yes LF IL 24 inorganics and 105 organics would be monitored annually; 17 inorganics and 2 organics would be monitored quarterly. Comments: Additional wells to be installed as additional cells are added. Groundwater monitoring is not currently being performed because the landfill is not yet built. The information provided here is based on what is conducted at a similar landfill operated by the same utility in the same state. Quarterly 9 − − 223 Yes LF IN Iron, sulfate, hardness, TDS, boron, chlorides, potassium, and molybdenum. Semiannual 11 9 2 226 Yes LF IN pH (field), conductivity (field), chloride, boron, sodium (diss.), fluoride, sulfate, arsenic (diss.), barium (diss.), cadmium (diss.), chromium (diss.), lead (diss.), mercury (diss.), selenium (diss.), and 

silver (diss.) 

Semiannual 28 4 24 

222 Yes LF IN Arsenic, barium, boron, cadmium, chloride, chromium, fluoride, 

lead, mercury, field pH, selenium, silver, sodium, field-specific conductance, and sulfate. Comments: With the exception of the one upgradient well, all downgradient wells must be within 50 ft of the toe of the slope of the landfill. This means they are on the edge of the perimeter ditch and are affected by water in the perimeter ditch. 

Semiannual 6 5 1 

228 Yes LF IN pH, specific conductance, temperature, arsenic, barium, boron, 

cadmium, chloride, chromium, fluoride, lead mercury, selenium, silver, sodium sulfate, TDS, zinc, and copper. Comments: Each of the well clusters has three individual monitoring wells screened at various depths of the aquifer. Additional monitoring of leachatecollection systems is conducted to learn more about the leachability of the waste. 

Semiannual 5 − − 
TABLE I.1 (Cont.) 

ID GWM Conducted Unit Type State Constituents Monitored (Comments) Frequency Total In Out 

237 Yes LF MI Boron, lithium, sulfate, chloride, phenolics, COD, nitrate/nitrite, water level, cobalt, TOC, field conductivity, ammonia, TDS, cyanide, antimony, field pH, potassium, magnesium, arsenic, iron, sodium, manganese, lead, selenium, vanadium, alkalinity (carbonate), and alkalinity (bicarbonate). Quarterly 8 − − 236 Yes LF MN Aluminum, ammonia, nitrogen, mercury, molybdenum, nitrite (as nitrogen), phosphorous, vanadium, alkalinity (total as CaCO3), appearance, arsenic, cadmium, calcium, chloride, copper, TDS, iron, magnesium, manganese, nickel, nitrate (as nitrogen), pH, specific conductance, sulfate, TSS, temperature, zinc, dissolved oxygen, Eh (oxidation potential), static water level, barium, boron, chromium VI, lead, potassium, selenium, and sodium. Quarterly 17 17 0 233 Yes LF MN Antimony, chromium III, mercury, molybdenum, nitrite (as 

nitrogen), selenium, thallium, vanadium, alkalinity (total as, CaCO3), aluminum, NH4, appearance, arsenic, cadmium, calcium, chloride, copper, TDS, iron, lead, magnesium, manganese, nickel, nitrate (as nitrogen), pH, potassium, sodium, specific conductance, sulfate, TSS, temperature, zinc, barium, boron, chromium (total) (chromium VI), silver, and tin. 

Quarterly 13 13 0 

224 Yes LF MO Aluminum, antimony, arsenic, barium, beryllium, boron, cadmium, 

calcium, chemical oxygen demand, chloride, chromium, cobalt, copper, fluoride, hardness, magnesium, manganese, mercury, nickel, pH, selenium, silver, sodium, specific conductance, sulfate, temperature, thallium, TDS, TOC, total organic halogens, and zinc. Comments: Quarterly groundwater quality indicator testing, semiannual constituent testing. 

Quarterly 6 6 0 

227 Yes LF NC Water depth, pH, specific conductance, temperature, arsenic, 

barium, cadmium, chloride, chromium, copper, fluoride, iron, lead, manganese, mercury, nitrate, selenium, silver, sulfate, zinc, total organic halides, TDS, biochemical oxygen demand, chemical oxygen demand, and TOC. 

Semiannual 6 6 0 
TABLE I.1 (Cont.) 

ID GWM Conducted Unit Type State Constituents Monitored (Comments) Frequency Total In Out 

331 Yes LF NC − − − − − 221 Yes LF ND pH, conductivity, TDS, alkalinity, hardness, nitrate/nitrite, chlorine, sulfate, bicarbonate and carbonate, fluoride, arsenic, boron, barium, cadmium, calcium, chromium, iron, lead, magnesium, manganese, mercury, molybdenum, nickel, potassium, selenium, silver, and sodium. Quarterly 10 9 1 358 Yes LF ND − − − − − 359 Yes LF ND − − − − − 220 Yes LF ND pH, conductivity, TDS, alkalinity, hardness, nitrate/nitrite, chlorine, sulfate, bicarbonate and carbonate, fluoride, arsenic, boron, barium, cadmium, calcium, chromium, iron, lead, magnesium, manganese, mercury, molybdenum, nickel, potassium, selenium, silver, and 

sodium. 

Quarterly 8 6 2 

361 Yes LF ND − − − − − 219 Yes LF ND pH, conductivity, TDS, alkalinity, hardness, nitrate/nitrite, chlorine, 

sulfate, bicarbonate and carbonate, fluoride, arsenic, boron, barium, cadmium, calcium, chromium, iron, lead, magnesium, manganese, mercury, molybdenum, nickel, potassium, selenium, silver, and sodium. Comments: The locations of up to five new downgradient wells are currently being negotiated. 

Quarterly 9 9 0 

345 Yes LF ND − − − − − 229 Yes LF NH Chromium, static water level, nickel, iron, selenium, manganese, 

pH, sulfate, cadmium, and specific conductivity. 

Semiannual 5 0 5 

362 Yes LF OH − − − − − 201 Yes LF OH Temperature, conductivity, pH, alkalinity, TDS, calcium, chloride, 

sulfate, magnesium, potassium, sodium, arsenic, iron, manganese, selenium, barium, cadmium, chromium, lead, mercury, silver, gross alpha, gross beta, and boron. 

Semiannual 28 25 3 
TABLE I.1 (Cont.) 

ID GWM Conducted Unit Type State Constituents Monitored (Comments) Frequency Total In Out 

202 Yes LF OH Static water level, temperature, turbidity, pH, conductivity, TDS, alkalinity, chloride, sulfate, calcium, magnesium, potassium, sodium, arsenic, barium, cadmium, chromium, lead, mercury, selenium, iron, manganese, gross alpha, and gross beta. Semiannual 41 0 41 217 Yes LF OH Aluminum, arsenic, barium, cadmium, chromium, lead, mercury, selenium, silver, copper, iron, manganese, nickel, zinc, vanadium, calcium, magnesium, potassium, sodium, boron, chlorine, SO4, TDS, alkalinity, pH, and TOC. Semiannual − − 4 353 Yes LF OH − − − − − 352 Yes LF OH − − − − − 239 Yes LF PA Quarterly: NH4, bicarbonate, calcium (diss.), chemical oxygen demand, chloride, fluoride, iron (diss.), magnesium (diss.), 

manganese (diss.), nitrate-nitrogen, pH, potassium (diss.), sodium (diss.), specific conductance, sulfate, total alkalinity, TDS, TOC, and turbidity. Annual: additional analyses performed on one of the quarterly samples: arsenic (diss.), barium (diss.), cadmium (diss.), chromium (diss.), copper (diss.), lead (diss.), mercury (diss.), selenium (diss.), silver (diss.), and zinc (diss.). 

Quarterly 9 9 0 

240 Yes LF PA Quarterly: NH4, bicarbonate, calcium (diss.), chemical oxygen 

demand, chloride, fluoride, iron (diss.), magnesium (diss.), manganese (diss.), nitrate-nitrogen, pH, potassium (diss.), sodium (diss.), specific conductance, sulfate, total alkalinity, TDS, TOC, and turbidity. Annual: additional analyses performed on one of the quarterly samples: arsenic (diss.), barium (diss.), cadmium (diss.), chromium (diss.), copper (diss.), lead (diss.), mercury (diss.), selenium (diss.), silver (diss.), and zinc (diss.). 

Quarterly 6 6 0 
TABLE I.1 (Cont.) 

ID GWM Conducted Unit Type State Constituents Monitored (Comments) Frequency Total In Out 

230 Yes LF PA Quarterly: NH4, bicarbonate, calcium (diss. and total), COD, chloride, fluoride, iron (diss. and total), magnesium (diss. and total), manganese (diss. and total), pH, potassium (diss. and total), sodium (diss. and total), specific conductance, sulfate, total alkalinity, TDS, TOC, turbidity. Annual: additional analyses performed on one of the quarterly samples: arsenic (diss. and total), barium (diss. and total), cadmium (diss. and total), chromium (diss. and total), copper (diss. and total), lead (diss. and total), mercury (diss. and total), selenium (diss. and total), silver (diss. and total), zinc (diss. and total), and an array of organics. Quarterly 8 8 0 200 Yes LF VA pH, conductivity, TOC, total organic halogens, Table 5.5 (9 VAC 20-80-300) organics, inorganics, and mercury. Comments: All wells monitored for pH, conductivity, TOC, and total organic 

halides. Currently one well monitored for Table 5.5 organics, inorganics, and mercury. 

Semiannual 14 12 2 

203 Yes LF VA pH, conductivity, TOC, total organic halogens, Table 5.5 organics, 

inorganics, and mercury. 

Semiannual 11 0 11 

241 Yes LF VA Stage I/II−semiannual for Appendix 5.5 inorganics of the VA solid 

waste regulations, carbon disulfide, and Appendix 5.1 detects. Stage I/II−every 2 years for all Appendix 5.1 constituents. Stage III−semiannual for all Appendix 5.5 constituents. These are available from the VA solid waste regulations. Comments: Nine wells for Stage I/II, eight wells for Stage III. 

Semiannual 17 − − 

209 Yes LF WI Odor, COD, boron, color, pH, selenium, turbidity, alkalinity, 

temperature, hardness, specific conductance, and sulfate. The leachate is also monitored for the constituents as above, along with chloride, cadmium, lead, manganese, mercury, iron, and acid/base neutral extractable compounds. Comments: The landfill has five side-gradient wells in addition to the three upgradient and six downgradient wells. 

Semiannual 14 0 14 
TABLE I.1 (Cont.) 

ID GWM Conducted Unit Type State Constituents Monitored (Comments) Frequency Total In Out 

204 Yes LF WV Lead, barium, sodium, TSS, arsenic, chloride, calcium, manganese, TDS, cadmium, chromium, copper, sulfate, pH, selenium, aluminum, iron, magnesium, temperature, boron, conductivity, nickel, vanadium, zinc, and molybdenum. Quarterly 11 0 11 205 Yes LF WV pH, barium, sodium arsenic, TSS, chloride, calcium, manganese cadmium, TDS, chromium, copper, sulfate, selenium, aluminum, iron, magnesium, boron, conductivity, lead, vanadium, and molybdenum. Quarterly 8 0 8 216 Yes SI IL Boron, manganese, pH, sulfate, and TDS. Quarterly 11 0 11 206 Yes SI IL pH, TDS, boron, calcium, hardness, manganese, sulfate, and alkalinity. Monthly 13+ − − 210 Yes SI IL Boron, sulfates, manganese, magnesium, TDS, and pH. Quarterly 9 2 7 211 Yes SI IL Boron, sulfates, manganese, magnesium, TDS, and pH. Quarterly 9 2 7 212 Yes SI IL Boron and pH. Quarterly 14 6 8 213 Yes SI IL Boron and pH. Quarterly 14 6 8 215 Yes SI IL Boron, manganese, pH, sulfate, and TDS. Quarterly 11 0 11 214 Yes SI IL Boron, manganese, sulfate, TDS, and pH. Quarterly 5 0 5 235 Yes SI MN Alkalinity (total), arsenic (diss.), boron (diss.), cadmium (diss.), 

calcium (diss.), chloride (total), chromium (total), iron, magnesium, manganese, nickel, nitrate (as nitrogen), pH, specific conductance, temperature, zinc, diss. oxygen, Eh (oxidation potential), static water level, arsenic, barium, boron, cadmium, chromium VI, copper, iron (diss.), manganese (diss.), potassium (diss.), selenium (diss.), sodium (diss.), sulfate (total), TDS, and TSS. Comments: Additional well was to be added in 2005 to expand coverage area. 

Quarterly 17 17 0 

252 Yes SI ND pH, conductivity, TDS, alkalinity, hardness, nitrate/nitrite, chlorine, 

sulfate, bicarbonate and carbonate, fluoride, arsenic, boron, barium, cadmium, calcium, chromium, iron, lead, magnesium, manganese, mercury, molybdenum, nickel, potassium, selenium, silver, and sodium. 

Quarterly 10 9 1 
TABLE I.1 (Cont.) 

ID GWM Conducted Unit Type State Constituents Monitored (Comments) Frequency Total In Out 

225 Yes SI ND pH, specific conductance, TSS, alkalinity, bicarbonate, carbonate, hydroxide, TDS, hardness, fluoride, sulfate, chloride, nitrate, ammonia, phosphorus, mercury, calcium, magnesium, sodium, potassium, iron, manganese, molybdenum, boron, arsenic, cadmium, lead, selenium, silver, sodium adsorption ratio, and percent error. Semiannual 10 10 0 207 Yes SI NM pH, fluorine, calcium, barium, lead, silver, conductivity, SO2, manganese, cadmium, magnesium, vanadium, TDS, boron, sodium, chromium, mercury, zinc, alkalinity phenolphthatein and total, chlorine, potassium, copper, molybdenum, nitrate-nitrogen, sulfate, arsenic, iron, selenium. Selected wells analyzed for the following parameters: calcium, barium, lead, silver, manganese, cadmium, magnesium, vanadium, sodium, chromium, mercury, zinc, 

potassium, copper, molybdenum, arsenic, iron, and selenium. 

Semiannual 22 0 22 

351 Yes SI OH − − 7 − − 363 Yes SI TX − − − − − 360 No LF ND Comments: Inert waste−bottom ash. − − − − 248 No SI IN − − − − − 244 No SI MO − − − − − 247 No SI MO − − − − − 245 No SI MO − − − − − a

− = data not provided; CaCO3 = calcium carbonate; COD = chemical oxygen demand; diss. = dissolved; FAC = Florida Administra

FDEP = Florida Department of Environmental Protection; GWM = groundwater monitoring; GWMP = groundwater monitoring plaNH4 = ammonia nitrogen; SI = surface impoundment; SO2 = sulfur dioxide; TDS = total dissolved solids; TOC = total organic carbTSS = total suspended solids. 

b In = wells within unit boundary; out = wells outside unit boundary; up = wells upgradient of unit; down = wells downgradient of un

disposal management area. 
 J-1 

APPENDIX J: 

VARIANCE REQUESTS BY STATE AND CATEGORY OF REQUIREMENT 
 J-2 
TABLE J.1 Variance Requests by State and Category of Requirementa Variance Category Other States with Surveyed Units Total No. of Variance Requests Liners Groundwater Monitoring Closure/ Post- Closure Cover/ Dust Controls Groundwater- Protection Standards Landfill Gas Leachate Collection Location Cell Height Fire Protection Pre- siting Signs So

M

FL 2 0 0 0 0 2 0 0 0 0 0 0 0 

GA 6 0 0 1 1 0 1 1 0 0 1 0 1 

IL 4 0 0 0 3 0 0 0 0 0 0 0 0 

IN 8 1 0 2 5 0 0 0 0 0 0 0 0 

MN 4 0 0 0 0 1 2 0 0 0 0 0 0 

OH 5 3 0 0 2 0 0 0 0 0 0 0 0 VA 8 0 4 0 0 3 0 0 1 0 0 0 0 

WI 4 1 0 0 0 2 0 1 0 0 0 0 0 

WV 11 2 0 0 4 0 2 0 1 1 0 1 0 

Total 52 7 4 3 15 8 5 2 2 1 1 1 1 

a No variance requests were identified in the following states: Michigan, Missouri, North Carolina, North Dakota, New Hampshire, New Mexico, and Pennsylvania. 

 K-1 

APPENDIX K: 

VARIANCE REQUEST DESCRIPTIONS AND REGULATORY SUMMARIES 
 K-2 
TABLE K.1 Variance Request Descriptions and Regulatory Summaries ID State Granted Variance Category Variance Description Regulation Summary 

232 FL No Groundwater- protection standards Variance to allow ambient values for iron and color in groundwater to exceed the secondary drinking water quality standards, rather than comply with the secondary drinking water standards, as the regulations specify. Class G-I groundwater (potable; total dissolved solids [TDS] <3,000 mg/L) and Class G-II groundwater (potable; TDS <10,000 mg/L) must meet primary and secondary drinking water quality standards, unless the natural background concentration exceeds the applicable standard. FAC R232 FL No Groundwater- protection standards Variance to allow concentration of antimony in groundwater to exceed the drinking water quality standard, rather than comply with the drinking water standard, as the regulations specify. Class G-I groundwater (potable; TDS <3,000 mg/L) and Class G-II groundwater (potable; TDS <10,000 mg/L) must meet primary and secondary drinking water quality standards, unless the natural background concentration exceeds the applicable standard. FAC R218 GA Yes Closure/ 

post-closure requirements 

Variance waiving the leachate-collection and treatment system otherwise required during the post-closure care period. 

The leachate-collection system must be maintained and operated during the post-closure care period, unless the owner/operator demonstrates that leachate no longer poses a threat to human health and the environment. 

GDNR 40 CFR 

218 GA Yes Daily cover/ 

dust controls 

Variance waiving the daily cover otherwise required by the regulations. 

Solid waste disposal units must apply daily cover, unless they obtain a variance by demonstrating that they are industrial waste monofills and the waste being disposed of would not cause odors or be attractive to disease vectors or birds. 

GDNR and 39

218 GA Yes Fire 

protection 

Variance waiving the fire protection measures otherwise required by the regulations. 

Suitable measures to control fires that may start shall be provided. 

GDNR 
TABLE K.1 (Cont.) ID State Granted Variance Category Variance Description Regulation Summary 

218 GA Yes Leachate- collection system Variance waiving the leachate-collection and treatment system otherwise required by the regulations. Solid waste disposal units must be constructed with leachate-collection systems, unless they obtain a variance by demonstrating that the waste to be disposed of would not cause groundwater or surface water contamination. GDNR 

and 39

218 GA Yes Methane gas control Variance waiving the methane gas monitoring otherwise required by the regulations. Solid waste disposal units must implement a routine methane monitoring program, unless they obtain a variance by demonstrating that they are industrial waste monofills that would not generate methane gas. GDNR 

and 39

218 GA Yes Signs Variance waiving the directional and informational signs otherwise required by the regulations. Signs shall be posted at the entrance to landfills indicating the days and hours of operation. GDNR 246 IL Yes Daily cover/ 

dust controls 

Variance to allow use of conditioned fly ash as an alternative daily cover, rather than at least 6 in. of clean soil, as the regulations specify. 

Six inches of clean soil shall be placed on all exposed waste at the end of each day of operations, or alternative materials or procedures may be used, if they achieve equivalent or superior performance. 

35 Ill. 

253 IL Yes Daily cover/ 

dust controls 

Variance to allow use of conditioned fly ash as an alternative daily cover, rather than at least 6 in. of clean soil, as the regulations specify. 

Six inches of clean soil shall be placed on all exposed waste at the end of each day of operations, or alternative materials or procedures may be used, if they achieve equivalent or superior performance. 

35 Ill. 

246 IL Yes Intermediate 

cover 

Variance to allow use of conditioned fly ash as an intermediate cover, rather than 1 ft of compacted clean soil material, as required by the regulations. 

Intermediate cover shall be equivalent to that provided by 1 ft of compacted clean soil material. 

35 Ill. 
TABLE K.1 (Cont.) ID State Granted Variance Category Variance Description Regulation Summary 

206 IL Yes Other (standards for sewage works) Variance to allow piping that does not comply with the sewage works standards to be installed. The regulation establishes limiting-value criteria for the design and preparation of plans and specifications for wastewater collection and treatment systems, to promote uniformity of practice throughout the State. 35 Ill. 

Chapte

226 IN Yes Closure/ post-closure requirements Variance to allow use of ash, ash/soil mixture, and 40-mil linear low-density polyethylene (LLDPE) as final cover, rather than compacted soil, as the regulations specify. Final compacted cover must have 6 in. of topsoil plus 2 ft of compacted clay for slopes less than 15% or 3 ft of compacted clay for slopes greater than 15%. 329 IA222 IN Yes Cover/dust controls Variance waiving intermediate cover otherwise required by the regulations. Must apply and compact no less than 6 in. of cover over all exposed solid waste monthly regardless of weather conditions, or annually, if the solid waste can be 

demonstrated to have an in-place permeability of less than 1 × 10-6 cm/s. 

329 IA329 IA

223 IN Yes Closure/ 

post-closure requirements 

Variance allowing use of 2.5 ft of fine sandy loam soils for the final cover, rather than 2 ft of soil of Unified Soil Classification ML, CL, MH, CH, or OH and 6 in. of vegetative topsoil, as specified in the regulations. 

329 IAC 10-37-2 requires 2 ft of soil as described in 329 IAC 10-36-11, and 6 in. of vegetative topsoil as required by 329 IAC 10-37-4. 

329 IA329 IA329 IA

226 IN Yes Cover/dust 

controls 

Variance to allow use of Soil-Sement®, a polymer-based material, as an intermediate cover, rather than 1 ft of clay-type soil, as the regulations specify. 

Intermediate cover of not less than 1 ft of compacted clay-type soil must be applied to any area within a Type I restricted waste landfill that has not received waste for 90 days or more. 

329 IA
TABLE K.1 (Cont.) ID State Granted Variance Category Variance Description Regulation Summary 

228 IN Yes Cover/dust controls Variance waiving the intermediate cover otherwise required by the regulations. Must apply and compact no less than 6 in. of cover over all exposed solid waste monthly regardless of weather conditions, or annually, if the solid waste can be demonstrated to have an in-place permeability of less than 1 × 10-6 cm/s. 329 IA226 IN Yes Cover/dust controls Variance waiving the monthly cover and semiannual permeability testing otherwise required by the regulations. The regulations waived were not cited in the permit. The regulations at 329 IAC 10-28-12 do require monthly cover for Type II landfills, but the permit is for a Type I landfill. See Re223 IN Yes Intermediate cover Variance allowing the use of sandy loam soil, rather than soil of Unified Soil Classification ML, CL, MH, CH, or OH for intermediate cover, as specified in the 

regulations. 

Cover for a Type III restricted waste site must be of a specified United Soil Classification or other suitable material. 

329 IA

223 IN Yes Liner 

requirements 

Variance allowing the use of 1 ft of soil and 2 ft of compacted Poz-O-Tec for a liner, rather than 3 ft of soil, as specified in the regulations. 

Barriers for Type III restricted waste sites consist of soil and have a minimum thickness of 3 ft between the solid waste and a locally useful aquifer. 

329 IA

233 MN Yes Gas 

monitoring 

Variance waiving the methane gas monitoring, collection, and treatment system otherwise required by the regulations. 

Decomposition gases must not be allowed to migrate laterally from the facility, but must be vented to prevent explosive concentrations. 

Minn. 

236 MN Yes Gas 

monitoring 

Variance to exempt the facility from the otherwise applicable requirement to monitor for decomposition gas production in and around the facility. 

Decomposition gases must not be allowed to migrate laterally from the facility, but must be vented to prevent explosive concentrations. 

Minn. 
TABLE K.1 (Cont.) ID State Granted Variance Category Variance Description Regulation Summary 

233 MN Yes Groundwater- protection standards Variance establishing analytical limits set forth in the Limits Table in the permit as groundwater-protection standards, rather than the otherwise applicable groundwater- protection standards listed in Minn. Rule 7035.2815, Subpart 4, Item F. Pollutant concentrations in groundwater must not exceed the standards listed for 73 pollutants at or beyond the compliance boundary and at or below the lower compliance boundary. Minn. 

Subpa

233 MN Yes Solid waste management plan Variance waiving submission of the solid waste management plan otherwise required by the regulations. A solid waste management facility must manage incoming industrial solid waste according to a plan that specifies procedures for certain specific waste types and specifies waste types that are banned. Minn. 

Subpa

202 OH Yes Daily cover/ dust controls Variance allowing the cementitious surface that forms when flue gas desulfurization (FGD) waste is placed in the Phase A area of the landfill to be a substitute for the 

required intermediate cover consisting of a 12-in.-thick layer of soil. 

An intermediate cover consisting of a 12-in.-thick layer of well-compacted soil must be applied to all filled areas of a residual solid waste landfill (SWLF) facility where additional residual solid waste is not to be deposited for at least 180 days. 

OAC 3The DiOrders require3745-3section OAC Rare citedescribcover threquireFindingOAC R
TABLE K.1 (Cont.) ID State Granted Variance Category Variance Description Regulation Summary 

202 OH Yes Daily cover/ dust controls Variance allowing the cementitious surface that forms when FGD waste is placed in the Phase B area of the landfill to be a substitute for the required intermediate cover consisting of a 12-in.-thick layer of soil. Intermediate cover consisting of a 12-in.-thick layer of well-compacted soil must be applied to all filled areas of a residual SWLF where additional residual solid waste is not to be deposited for at least 180 days. OAC 3

The DiOrders require3745-3section OAC Rare citedescribcover threquireFindingOAC R

201 OH Yes Liner requirements Variance allowing the liner to be constructed using “deep dynamic 

compaction” of mine spoil without removal. 

If a recompacted soil liner is installed, it must be constructed on a prepared surface that is free of deleterious material, will not settle, and has no abrupt changes in grade that could damage the liner. 

OAC 3

202 OH No Liner 

requirements 

Variance to allow use of coarser material to construct the liner rather than 25% retained material particles on a No. 4 sieve, as required by the regulations. 

Not available. GD020

Minimthe Lin& ResCriteri06(H)(

202 OH No Liner 

requirements 

Variance allowing the liner to be constructed using “deep dynamic compaction” of mine spoil without removal. 

If a recompacted soil liner is installed, it must be constructed on a prepared surface that is free of deleterious material, will not settle, and has no abrupt changes in grade that could damage the liner. 

OAC 3
TABLE K.1 (Cont.) ID State Granted Variance Category Variance Description Regulation Summary 

241 VA Yes Groundwater monitoring Variance to exempt the Landfill Stage III from the requirement to monitor groundwater wells for the organic constituents listed in 9 VAC 20-80, Appendix 5.5 (now 9 VAC 20-80-300, Table 5.5), except carbon disulfide, during Phase II monitoring. A Phase II monitoring program shall include the semiannual analysis for the monitoring parameters shown in Table 5.5 and, if required under the provisions of subdivision 4.e(2) of this subsection, any detected Table 5.1 constituents. 9 VAC 241 VA Yes Groundwater monitoring Variance to exempt Landfill Stages I and II from the requirement to monitor groundwater wells for organic constituents listed in 9 VAC 20-80, Appendix 5.5 (now 9 VAC 20-80-300, Table 5.5), except carbon disulfide, during Phase II monitoring. A Phase II monitoring program shall include the semiannual analysis for the monitoring parameters shown in Table 5.5 and, if required under the provisions of subdivision 4.e(2) of this subsection, any detected Table 5.1 constituents. 9 VAC 203 VA Yes Groundwater 

monitoring 

Variance to exempt groundwater wells in Phase II monitoring from being sampled for the organic constituents listed in 9 VAC 20-80, Appendix 5.5 (now 9 VAC 20-80-300, Table 5.5), as the regulations would otherwise require. 

A Phase II monitoring program shall include the semiannual analysis for the monitoring parameters shown in Table 5.5 and, if required under the provisions of subdivision 4.e(2) of this subsection, any detected Table 5.1 constituents. 

9 VAC 

200 VA Yes Groundwater 

monitoring 

Variance to allow monitoring of a subset of wells for Phase I indicator parameters, rather than for constituents listed in  9 VAC 20-80, Appendix 5.5 (now 9 VAC 20-80-300, Table 5.5), even though the facility has entered Phase II monitoring. 

If a statistically significant increase in any Table 5.5 constituent is noted in the First Determination report, the owner or operator shall continue Phase II monitoring. 

9 VAC 

200 VA Yes Groundwaterprotection 

standards 

Variance to allow alternative concentration limits (ACLs) as groundwater-protection standards for copper, silver, and zinc. 

Groundwater-protection standards will be either the maximum contaminant limit (MCL), background concentrations, or ACLs. 

9 VAC 
TABLE K.1 (Cont.) ID State Granted Variance Category Variance Description Regulation Summary 

241 VA Yes Groundwater- protection standards Variance to allow Landfill Stage III to use ACLs as groundwater-protection standards (GPSs) for specified constituents that lack background data or an EPA MCL. The owner or operator may request and the director may establish ACLs as groundwater-protection standards for any constituent for which MCLs have not been established or for which site-specific background data are unavailable. 9 VAC 241 VA Yes Groundwater- protection standards Variance to allow Landfill Stages I and II to use ACLs as groundwater-protection standards for specified constituents that lack background data or an MCL. The owner or operator may request and the director may establish ACLs as groundwater-protection standards for any constituent for which MCLs have not been established or for which site-specific background data are unavailable. 9 VAC 241 VA Yes Location requirements Variance allowing the facility to be located within 100 ft of a regularly flowing surface water body or river, which the regulations 

would otherwise prohibit. 

No new industrial waste landfill disposal or leachate storage unit or expansion of existing units shall be within 100 ft of any regularly flowing surface water body or river. 

9 VAC 

209 WI Yes Groundwaterprotection 

standards 

Variance allowing the development of a landfill in an area where the preventive action limit (PAL) for selenium in groundwater has been attained or exceeded.

A proposed facility cannot be approved at a location where a PAL or enforcement standard has been attained or exceeded, unless an exemption has been granted. 

Wis. A

209 WI No Groundwaterprotection 

standards 

Variance allowing the development of a landfill in an area where the PAL for lead in groundwater has been attained or exceeded, rather than prohibiting such development, as the regulations specify. 

A proposed facility cannot be approved at a location where a PAL or enforcement standard has been attained or exceeded, unless an exemption has been granted. 

Wis. A

209 WI Yes Leachatecollection 

requirements 

Variance allowing leachate to flow more than 130 ft across the base of the liner before encountering a perforated leachatecollection pipe. 

A system is required that routes leachate to the perimeter of the landfill in a manner such that leachate flows no more than 130 ft across the base of the liner before encountering a perforated leachatecollection pipe. 

Wis. ASee va
TABLE K.1 (Cont.) ID State Granted Variance Category Variance Description Regulation Summary 

209 WI Yes Liner requirements Variance allowing a penetration through the sideslope of the liner to accommodate gravity drain to the leachate-collection tank. All composite lined landfills shall be designed and constructed with sumps and sideslope risers as part of their leachate removal system, rather than utilizing systems that penetrate the composite liner sidewall. Wis. A205 WV Yes Cover/dust controls Variance to waive the requirement in the regulations for 12 in. of compacted intermediate cover material on landfill areas exposed to weather for periods in excess of 30 days. Solid waste fill surfaces exposed to weather for periods in excess of 30 days must have a minimum of 12 in. of compacted cover material applied within 30 days of completion of the fill surface. 33 CSR 

33 CSR 

204 WV Yes Cover/dust controls Variance to waive the requirement in the regulations for 12 in. of compacted intermediate cover material on landfill areas exposed to weather for periods in 

excess of 30 days. 

Solid waste fill surfaces that remain exposed to weather for periods in excess of 30 days must have a minimum of 12 in. of compacted cover material applied within 30 days of completion of the fill surface. 

33 CSR 

205 WV Yes Daily cell 

height 

Variance to waive the requirement that daily cell height must not exceed 8 ft in the vertical dimension, other than in the middle, where the vertical dimension can be as high as 11 ft to divert storm water. 

Daily cell height must not exceed 8 ft in the vertical dimension, other than in the middle, to divert storm water; that vertical dimension must not exceed 11 ft. 

33 CSR 

205 WV Yes Daily cover/ 

dust controls 

Variance to waive the requirement for cover with greater than 6 in. of compacted cover material at the end of each operating day. 

Exposed solid waste disposal area must be covered with a minimum of 6 in. of compacted cover material at the end of each operating day, or more frequently as needed. 

33 CSR 33 CSR 

204 WV Yes Daily cover/ 

dust controls 

Variance to waive the requirement for cover with greater than 6 in. of compacted cover material at the end of each operating day. 

All SWLFs must cover the entire exposed solid waste disposal area with a minimum thickness of 6 in. of compacted cover material at the end of each operating day. 

33 CSR 
TABLE K.1 (Cont.) ID State Granted Variance Category Variance Description Regulation Summary 

205 WV Yes Landfill gas management requirements Variance to waive the requirement for management of decomposition gases generated within a landfill. Concentrations of methane or other explosive gases must not exceed 25% of the lower explosive limit for the gas. Gas monitoring programs are required, and the proposed gas monitoring plan must be included in the landfill application. 33 CSR 

33 CSR 

204 WV Yes Landfill gas management requirements Variance to waive the requirement for management of decomposition gases generated within a landfill. Decomposition gases generated within a landfill must be controlled to avoid hazards to health, safety, or property by meeting certain requirements regarding control, monitoring, and reporting the detection of explosive gases such as methane. 33 CSR 204 WV Yes Liner requirements Variance to waive the requirement for surface impoundments to have double liners and leachate-collection systems. Double liners required. Top = synthetic > 60 mil; bottom = compacted clay > 2 ft with permeability < 1 × 10-7 overlain by 

synthetic > 60 mil. Leak detection system required between liners. Existing surface impoundments must be already compliant, retrofitted, or closed. 

33 CSR 

205 WV Yes Liner 

requirements 

Variance to waive the requirement for surface impoundments to have double liners and leachate-collection systems. 

Surface impoundments must have two liners and a leak detection system. Impoundments in use without liners and leak detection systems must close or be retrofitted. 

33 CSR 

204 WV Yes Location 

requirements 

Variance to waive the prohibition on locating a new SWLF above an underground mine. 

New SWLFs and lateral expansions cannot be located above underground mine workings or within the critical angle of draw of such workings, unless otherwise approved by the Secretary in writing. 

33 CSR 
TABLE K.1 (Cont.) ID State Granted Variance Category Variance Description Regulation Summary 

205 WV Yes Pre-siting requirements Variance to waive the requirement to serve public notice of the intention to consider siting a commercial solid waste facility where none exists and hold a public hearing on the pre-siting notice. Anyone investigating an area for the purpose of siting a commercial solid waste facility where none exists must make public notification of the proposed site and its size; the State conducts a public meeting on the proposed siting. 33 CSR 

 L-1 

APPENDIX L: 

VARIANCE GRANTING RATIONALE, REVOCATION PROVISIONS, 

AND COMMENTS 
 L-2 
TABLE L.1 Variance Granting Rationale, Revocation Provisions, and Comments ID State Variance Category Granting Rationale Revocation Provisions Varia

218 GA Closure/post-closure requirements Leachate collection and treatment are not deemed necessary during post-closure care due to the nontoxic, nonhazardous nature of the ash to be disposed of in the monofill. None specified The permit does not 

regulatory requiremsystem maintenance It is included in this Georgia regulations that approval is need

218 GA Daily cover/dust controls Coal combustion by-products will be loaded, transported, unloaded and placed in a condition at, or near, optimum moisture content. When compacted at, or near, optimum moisture, the by-products will form a surface crust that will prevent blowing dust, thereby eliminating the need for operational cover. Since no blowing trash or disease vectors will be present, a daily cover is not required. None specified The permit does not 

regulatory requiremvariance. It is includthe Georgia regulatiis needed, and other this type to be varia

218 GA Fire protection Fire protection measures are not required for a coal combustion by-products monofill. None specified The permit does not 

regulatory requiremis included in this dStates consider waivregulatory requirem

218 GA Leachate-collection 

system 

Leachate collection and treatment are not deemed necessary due to the nontoxic, nonhazardous nature of the ash to be disposed of in the monofill. 

None specified The permit does not 

regulatory requiremsystem as a variancedatabase because thindicate that a varianStates consider waivvariances. 

218 GA Methane gas control Because fly ash does not produce methane gas, no gas 

monitoring is required. 

None specified The permit does not 

regulatory requiremmonitoring as a varidatabase because thindicate that a varianStates consider waivvariances. 

218 GA Signs Because only Georgia Power Company personnel are to utilize 

this site and it will not be open or accessible to the general public for disposal, no directional or informational signs are required. 

None specified The permit does not 

regulatory requiremis included in this dStates consider waivregulatory requirem
TABLE L.1 (Cont.) ID State Variance Category Granting Rationale Revocation Provisions Varia

246 IL Daily cover/dust controls None specified in the permit. A company representative explained that the daily cover regulations allow alternative materials or procedures as long as they meet the same standards of performance as 6 in. of soil. Data included in the permit application included an analysis of the conditioned fly ash and a description of its properties to demonstrate that, when hardened, it is an even better filter than the standard 6 in. of soil. The permit specifies that the conditioned fly ash must be used as described in the permit application. Note: State regulations allow flexibility in cover design, as long as the alternative can meet the same performance standard as the design specified in the regulations. None specified None 253 IL Daily cover/dust controls State regulations allow flexibility in cover design, as long as the alternative can meet the same performance standard as the design specified in the regulations. None specified None 246 IL Intermediate cover None specified in the permit. A company representative explained that data included in the permit application included an analysis of the conditioned fly ash and a description of its 

properties to demonstrate that, when hardened, it is an even better filter than the standard 12 in. of soil. There have been no 

modifications to the variance since it was issued. Note: State regulations allow flexibility in cover design, as long as the alternative can meet the same performance standard as the design specified in the regulations. 

None specified None 

206 IL Other (standards for 

sewage works) 

None specified in the permit. A company representative explained that the company’s preferred design did not include a separate tank and a valve system that the State indicated were necessary to meet the State sewage works standards. The State agreed to the design based on the company’s reasoning that the piping system was not expected to be an integral part of a sewage works system so sewage works standards were not appropriate. The State indicated that if the company proceeded with the preferred design, it could not use problems with the design as a justification for an exceedance of standards. The company installed the design as proposed and has not experienced any problems with it. 

None specified 35 Ill. Adm. Code S

Part 370 is lengthy. reference (American Materials [ASTM] aestablishes extensivspecific design flowtrenching, installatiocollection and treatmdoes not specify the design that deviated 
TABLE L.1 (Cont.) ID State Variance Category Granting Rationale Revocation Provisions Varia

226 IN Closure/post-closure requirements None specified in the permit. The permit merely indicates that 329 IAC 10-28-11(a) grants the commissioner the authority to approve an alternative cover if it can be demonstrated that the alternative will provide an adequate level of environmental protection. A company representative explained that the variance was granted because the 40-mil linear low-density polyethylene (LLDPE) geomembrane provides a more protective final cover than would be provided by 2 ft of soil. Fly ash and an ash/soil mixture are used to prepare the subgrade for the 40-mil LLDPE geomembrane. The sideslopes are constructed of 30 in. of compacted clay to eliminate the possibility of a slope failure due to low adhesion between the geomembrane and the vegetative soil cover. This was a change from the original variance request, which specified geomembrane on both the top and the sideslopes. The design also includes engineered storm-water controls, which eliminate both ponding of storm water on the landfill surface and side- slope erosion. The engineering drawings served as the company’s justification for the variance request, and the 

request was granted in a letter from the Indiana Department of Environmental Management (IDEM). 

Permittee chooses not to use mixtures described or the mixture cannot be proven to have a permeability of 1 × 10-5 cm/s. 

The variances from described as “minor permit and were appMay 26, 1998. PermJanuary 6, 1984, and renewed and modifi
TABLE L.1 (Cont.) ID State Variance Category Granting Rationale Revocation Provisions Varia

222 IN Cover/dust controls None specified in the permit. A company representative explained that the company’s landfill operating plan, which was the basis for the variance request and has been approved by the regulatory agency, contains the following description of how the landfill surface is managed: “Stabilized sludge is placed in a moist condition with an approximate 25% moisture content. Once placed the sludge is compacted and then the curing process minimizes wind as well as water erosion. The landfill will be developed in a manner that will minimize exposure to stabilized sludge surfaces, thereby minimizing the possibility of fugitive dust generation. Subsequent layers of waste are expected to be placed every two weeks, thereby reducing the chance of fugitive dust emission further. In areas where transport vehicles tread on the surface of the fill and on other on-site haul roads where dust may be expected, plant water trucks will be used to moisten the surfaces on a regular basis. Regular haul roads in fill areas will have an eight inch layer of bottom ash or gravel placed to reduce dust and surface wear of stabilized sludge.” 1. Documentation of violation of requirement to maintain sediment control structures and drainage ditches. 2. Documentation that fugitive dust is creating a nuisance. The landfill to whic

allowed to receive c

that are classified foType III restricted w

223 IN Closure/post-closure 

requirements 

None specified in the permit. The company representative explained that the material being placed into the landfill is Poz-O-Tec, which is produced by a stabilization process. Flue gas desulfurization (FGD) sludges and ash produced by coal combustion power generation facilities are raw materials for this process. Poz-O-Tec is a relatively impermeable material that is not infiltrated significantly by rainwater. Hence, it is important to provide lateral drainage at the interface between the final cover on the landfill and the Poz-O-Tec. The composition of the final cover specified in the variance accomplishes this better than the composition specified in the regulations. In addition, Poz-O-Tec in this coal combustion by-product monofill leaches significantly fewer toxic constituents than materials in a municipal landfill, which is the landfill type to which the regulations were intended to apply. 

If vegetation is not established to the satisfaction of the State, soils specified in the regulation will be required. 

329 IAC 10-36-11 acover material if it calternate cover or siadequate level of envariance has been in 
TABLE L.1 (Cont.) ID State Variance Category Granting Rationale Revocation Provisions Varia

226 IN Cover/dust controls None specified in the permit. The permit merely indicates that 329 IAC 10-28-11(a) grants the commissioner the authority to approve an alternative cover if it can be demonstrated that the alternative will provide an adequate level of environmental protection. A company representative explained that intermediate cover has two purposes: (1) dust control in unused or seldom-used fill areas and (2) rainfall infiltration control to minimize leachate formation. The Soil-Sement® polymer can be shown to fill both of these needs. If properly applied (i.e., multiple coats at effective dilutions), Soil-Sement is more effective at shedding storm water than is the soil cover specified in the regulations. The company representative reported that the manufacturer’s specifications for Soil-Sement were provided to regulatory agency personnel, who also observed an area of the landfill treated with this product. Some agency personnel were familiar with use of Soil-Sement at other coal combustion facilities in the State. According to the company representative, all agency personnel have been satisfied that Soil-Sement is an effective alternative to soil 

cover for this type of facility. 

“In the event that the alternative cover material does not perform as intended, or does not appear to be equivalent to one foot of intermediate cover soil, one foot of intermediate cover of clay type soil may be required by 329 IAC 10-28-12(a)(3).” 

Information on the vSement was containletter. 

228 IN Cover/dust controls None specified in the permit. A company representative 

explained that the purposes of requiring intermediate cover at municipal landfills, which is the facility type for which the regulations were originally developed, are to deter vectors and to control fugitive dust. Because coal combustion products are 

composed of inorganic constituents, vector control is not 

needed. Also, dusting from coal combustion products can be controlled using compaction techniques and water. Therefore, to require intermediate or daily cover would only add operational expense and take up valuable landfill space with no added environmental benefit. The facility has developed and implemented a fugitive dust control plan, and the company representative indicated that dusting has not been a problem. 

Documented violation of requirement to maintain sediment control structures and drainage ditches. 

The landfill to whicis allowed to receive by-products that are Type II restricted w
TABLE L.1 (Cont.) ID State Variance Category Granting Rationale Revocation Provisions Varia

226 IN Cover/dust controls None specified in the permit. A company representative explained that this variance applies only to Phase III of the landfill because the Phase III design includes a composite liner constructed with 12 in. of clay having a permeability of 1 × 10-7, a 60-mil high-density polyethylene (HDPE) geomembrane, and a leachate-collection system. The company representative indicated that the regulatory agency has expressed fewer concerns about leachate formation in the lined Phase III cell than in cells constructed earlier. Accordingly, the State agreed to eliminate the semiannual permeability testing requirement for the lined cell and to lengthen the time period between required application of intermediate cover (from monthly to 90 days in unused areas), provided that adequate dust control measures remain in place. Dust emissions are not satisfactorily controlled. The regulations wai

permit. The regulatirequire monthly covthe permit is for a T

223 IN Intermediate cover None specified in the permit. A company representative explained that the material being placed into the landfill is Poz-O-Tec, which is produced by a stabilization process. FGD sludges and ash produced by coal combustion power 

generation facilities are raw materials for this process. Poz-O-Tec is a relatively impermeable material that is not infiltrated significantly by rainwater. Hence, it is important to provide lateral drainage at the interface between the intermediate cover on the landfill and the Poz-O-Tec. The composition of the intermediate cover specified in the variance accomplishes this better than the composition specified in the regulations. In addition, Poz-O-Tec in this coal combustion by-product monofill leaches significantly fewer toxic constituents than materials in a municipal landfill, which is the landfill type to which the regulations were intended to apply. 

If vegetation is not established to the satisfaction of the State, soils specified in the regulation will be required. 

329 IAC 10-36-11 athan the designated demonstrated that an design will provide environmental prote

223 IN Liner requirements None specified in the permit. In support of the variance 

request, the company submitted permeability data for compacted Poz-O-Tec demonstrating that the permeability of the soil/Poz-O-Tec combination liner would be no greater than 

the permeability allowed for the 3-ft compacted clay liner specified in the regulations. According to a company representative, this variance applies to an expansion area in the landfill that has not yet been constructed. 

None specified None 
TABLE L.1 (Cont.) ID State Variance Category Granting Rationale Revocation Provisions Varia

233 MN Gas monitoring Since the waste being disposed of is not putrescible or biodegradable, there is no need for a methane gas management system. None specified None 236 MN Gas monitoring None specified in the permit. A company representative clarified that methane production and monitoring are moot issues because coal ash loss of ignition is often <1%, indicating there is little organic matter to break down. If operational records or other reports indicate possible decomposition gas production in or around the facility, the Commissioner reserves the right to require monitoring under Minn. R. 7035.1700, Item U. None 233 MN Groundwater- protection standards The alternative groundwater-performance standards are based on the Minnesota Department of Health’s Health Risk Limits. The substitution is made as provided for in Minn. R. 7035.2815, Subp. 4, Item H, which contains descriptions of six circumstances that would justify establishing alternative 

groundwater-performance standards and intervention limits in the facility permit. A company representative clarified that the analytical limits set forth in the permit do not constitute a variance and provided the 

following explanation: The Intervention Limits set forth in 7035.2815, Subp. 4, Item F are based upon 1⁄4 of the Minnesota Health Risk Levels (HRLs). Pursuant to 7035.2815, Subp. 4, 

Item H(5) the HRLs periodically change whenever the Department of Health obtains new information suggesting that the standard is not protective enough. The Minnesota Pollution 

Control Agency reflects these HRL changes in individual solid waste permits by referencing Item H(5) as the authority for the new, updated standards. Item H(5) is one of the six 

circumstances under which standards or intervention limits can be changed. Note: The State uses variance provisions in the regulations as the basis for incorporating updated health-based standards into permits in place of the standards specified in the regulations. Apparently this is more efficient that changing the 

regulations every time health-based standards are updated. 

None specified The permit cites Mi

Item H, as the authothe regulations that permit. 
TABLE L.1 (Cont.) ID State Variance Category Granting Rationale Revocation Provisions Varia

233 MN Solid waste management plan A waste management plan is not necessary because waste disposal operations are restricted to specified waste types. None specified None 202 OH Daily cover/dust controls This variance would not result in a nuisance or a health hazard and was unlikely to result in a violation of any regulation. A company representative explained that a demonstration was submitted showing that the permeability of the land-filled FGD material would be less than the permeability of the required 1 ft of “low permeability soil.” This demonstration supported a conclusion that a 1-ft, compacted layer of FGD material would provide a barrier to rainfall infiltration that is as good as the barrier that the required soil layer would provide. The demonstration also showed that erosion would not be a problem, fugitive dust would be controlled, and the leachate/rainfall runoff collection and treatment ponds would still provide the required level of treatment. To control fugitive dust, vehicles are not allowed to traverse landfill areas subject to the variance. Infrequent erosion areas are repaired as they occur. None specified The Director’s Fina

the regulatory requiRule 3745-30-14(Vsection appears in thRule 3745-30-14(Gbecause they describcover that is consistthe Director’s Final attribute to OAC Ru
TABLE L.1 (Cont.) ID State Variance Category Granting Rationale Revocation Provisions Varia

202 OH Daily cover/dust controls The company demonstrated that the FGD waste being disposed of in the landfill can achieve a sufficiently low permeability, is resistant to erosion, and should not create fugitive dust problems. Because the facility has adequate water pollution control mechanisms in place and a composite liner and leachate-collection system, the granting of the variance from the requirement to apply intermediate soil cover on top of Phase B at the landfill will not create a nuisance or a health hazard and is unlikely to result in violation of any regulations. If the lack of intermediate soil cover proves to be ineffective in minimizing infiltration or otherwise unsatisfactory to the OEPA, or is likely to result in a nuisance or health hazard or violation of any regulations, the variance may be revoked upon written notification of the Director. Upon revocation, the utility must immediately begin placement of intermediate cover in 

accordance with the requirements of the otherwise applicable OAC rule. 

The Director’s Finathe regulatory requiRule 3745-30-14(Vsection appears in thRule 3745-30-14(Gbecause they describcover that is consistthe Director’s Final attribute to OAC Ru
TABLE L.1 (Cont.) ID State Variance Category Granting Rationale Revocation Provisions Varia

201 OH Liner requirements According to the permit, “deep dynamic compaction” (DDC) is an option as a demonstration project. A company representative explained that the regulatory agency approved use of DDC as an alternative means for densifying the subgrade foundation soils below the liner system prior to construction of the liner system. In this case, the landfill was sited in an unreclaimed mine area. Hence, the subgrade foundation soils consisted of mine spoil material. According to the company, approval of this alternative densification method for subgrade foundation soils was not a variance from any regulatory requirement, including those regarding liner construction. It was simply regulator consent to use an alternative (i.e., unconventional) method for consolidating the subgrade foundation soils. DDC was accomplished by dropping a 20-ton weight from a crane (up to 75 ft in height) approximately 50,000 times over a 25-acre area. This process densified the semiconsolidated mine spoil soils that composed the landfill subgrade, reducing the potential for either total or differential settlement. The DDC method was more cost-effective and time efficient than other 

subgrade consolidation methods, such as preloading or excavating and recompacting the subgrade soils in controlled lifts. The company reports that the demonstration was completed, and the regulatory agency ultimately certified its acceptance of the prepared subgrade. DDC was found to produce significant densification of the subgrade foundation soils, which assures the integrity of the overlying recompacted soil liner and geomembrane liner. However, the company stated that the regulatory agency expressed concerns related to the lack of documentation on achievement of pre-established performance criteria for certain relatively small areas within the overall project area. 

None specified The permit allows s

mine spoil accordinthe use of dynamic cdemonstration projethis might not qualif
TABLE L.1 (Cont.) ID State Variance Category Granting Rationale Revocation Provisions Varia

241 VA Groundwater monitoring None specified in the permit. A company representative explained that the Stage III Landfill did not begin receiving ash until 2002 and that not enough Phase I monitoring data have yet been collected to progress to Phase II monitoring. Even so, the permit Module X, Attachment X-2, Section IV.2(a) states that the variance has been granted for monitoring during Phase II. The company believes the State regulatory agency included the variance language in the permit at the time of the last permit modification for reasons of administrative efficiency, considering that the Phase I monitoring data for the Stage III Landfill so far suggest that support for granting this variance will be available before the permit is due for renewal. After sufficient Phase I monitoring data are available, the company plans to implement the variance during Phase II monitoring based on the current permit language. None specified. However, for Stages I and II, a parallel variance provides that, if any of the conditions outlined in the variance are violated in any form or manner, the variance will be withdrawn. Module X, Attachm

the permit indicates granted this variancHowever, Module Xpermit suggests that apply to Stages I an

241 VA Groundwater monitoring None specified in the permit. A company representative explained that coal ash has long been generally recognized by industry personnel and State regulators as not presenting an organic pollutant risk. Hence, when the State adopted solid 

waste landfill regulations in 1988, many coal combustion by-product landfills in the State, including three at power plants owned by the company, requested variances from the section(s) in the regulations requiring testing for organic constituents during Phase II monitoring. Also, groundwatermonitoring data collected after 1988 but before the variance 

was granted demonstrated that no semivolatile organic compounds, pesticides, polychlorinated biphenyls, or volatile 

organic compounds other than carbon disulfide, which can occur naturally, were detectable at the landfill site. 

If any of the conditions outlined in the variance are violated in any form or manner, the variance will be withdrawn. 

None 

203 VA Groundwater 

monitoring 

A company representative provided the following quote from the letter approving the variance: “variance is justified because the facility is a coal ash landfill and not likely to contain and release organic constituents, and because organic constituents have been tested for, but not detected.” 

Unknown (the letter granting the variance was not available for review) 

None 
TABLE L.1 (Cont.) ID State Variance Category Granting Rationale Revocation Provisions Varia

200 VA Groundwater monitoring The facility is now in Phase II monitoring, but only one well has shown a statistically significant increase in concentrations during the past few years. That well is excluded from the subset of wells covered by the variance. A company representative explained that Phase I monitoring involves establishing background concentrations for each required indicator constituent (pH, conductivity, total organic carbon [TOC], and total organic halogen [TOX]), and then semiannual monitoring of the four parameters for statistical analysis. Phase II involves a larger parameter list, including metals and organics. The basis for the variance request was that organics should not be found in the coal combustion ash, thus semiannual sampling for a large list of organics was not reasonable. TOC is used as an indicator parameter of organics that might leach into the groundwater. The variance allows the company to sample metals from the list of Phase II parameters for wells that have had some historical statistical exceedences of the Phase I parameters. If any of the Phase I indicator parameters exceed statistical background limits, impacted wells must implement sampling for Table 5.5 (9 VAC 20-80-300) constituents. If future groundwater- monitoring values exceed groundwater- protection standards, the facility will be required to monitor groundwater per the requirements applicable to Phase II monitoring. None 200 VA Groundwater 

protection standards 

None specified. A company representative explained that the Virginia Department of Environmental Quality (VDEQ) did not favor using EPA Region III risk-based concentrations for tap water because the concentrations did not consider a child receptor. The company accepted VDEQ’s alternate concentration limits (ACLs) in December 2001/January 2002 correspondence. The company had proposed the EPA riskbased concentrations because VDEQ did not accept secondary 

maximum contaminant levels (MCLs) as groundwaterprotection standards (GPSs) because they are not risk-based. The VDEQ rationale for granting the variances was based on using groundwater as a future potential source of drinking water. It used conservative calculations for the most receptive sensor, a child. 

If an MCL is promulgated under Section 1412 of the Safe Drinking Water Act for any of the constituents covered by the variance, the new MCL will be used as the groundwaterprotection standard for that respective constituent. 

9 VAC 20-80-60A Vprotection standards“A. Application and may grant a variancstandards contained 240 et seq.) of this coperator of a solid westablishing an altera solid waste constitoperator shows to ththat the constituent wpresent or potential the environment as concentration limit i
TABLE L.1 (Cont.) ID State Variance Category Granting Rationale Revocation Provisions Varia

241 VA Groundwater - protection standards None specified in the Solid Waste Facility permit. A company representative explained that the Stage III Landfill began receiving ash in 2002, and enough data have not yet been collected to support this variance for Stage III. The permit Module X, Attachment X-2, Section IV.2(d) states that within 60 days of the establishment of Appendix 5.1 (9 VAC 20-80-300) background, the company must propose a groundwater-protection standard for each Appendix 5.1 constituent detected in the groundwater. The company has not yet submitted proposed groundwater-protection standards and does not yet consider itself to have been granted this variance for ACLs and GPSs. None specified. However, in a parallel variance for Stages I and II landfills, the variance provides that if any of the conditions in the variance are violated in any form or manner, the variance will be immediately withdrawn. Module I, section I.

Amendment #5 granthe landfill to use alfor groundwater-prounlike a parallel varlandfills, the permit attachment specifyinand detailing the navariance applicable 

241 VA Groundwater- protection standards None specified in the permit or in the letter dated January 29, 2004, which granted the variance [see Permit Module XI, Attachment XI-2]. In its petition dated April 16, 2002, to obtain the variance, the company requested that ACLs for constituents that do not have MCLs be established at health-based levels derived from the VDEQs “Guidance to Calculate Health-Based Alternate Concentration Limits using REAMS for a Solid 

Waste Facility,” in lieu of using facility background levels. The 

petition identified 149 of these constituents. The petition indicated that the purpose of the requested variance was to provide for groundwater-monitoring controls that are protective of public health and the environment. 

If any of the conditions in the variance are violated in any form or manner, the variance will be immediately withdrawn. 

None 
TABLE L.1 (Cont.) ID State Variance Category Granting Rationale Revocation Provisions Varia

241 VA Location requirements The permit requires the company to mitigate 2.8 acres of affected wetlands by adding emergent wetlands in a 2:1 ratio. The permit also specifies that additional conditions imposed by the Water Division of VDEQ’s Piedmont Regional Office must be addressed in the Part B application. A company representative explained that the VDEQ was provided with a copy of the joint permit application for approval of work in waters of the United States, including wetlands, within Virginia. A joint permit application is used to apply for permits from the Norfolk District Army Corps of Engineers, the Virginia Marine Resources Commission, the VDEQ, and local wetlands boards. The application contained information and engineering drawings explaining the need to expand an existing leachate treatment pond to accommodate overflows being rerouted into it from another pond. The information in the drawings made it clear that the only available space into which the leachate treatment pond could be expanded was located within 100 ft of a water body and that a portion of the expanded treatment pond would be in a wetland area. Since no 

other siting options were available for the treatment pond expansion, the variance allowing the facility to be located within 100 ft of the water body was requested and granted, and mitigation of the impacted wetland area was required. 

None specified This variance is gran

Part A Application fStage III permit ameVDEQ (D. Treacy) Dominion Power) (W1999); Permit Attac

209 WI Groundwaterprotection standards Groundwater concentrations for selenium that exceed groundwater standards are attributable to baseline groundwater 

quality associated with natural hydrogeologic conditions or substances released by other human activity. The proposed facility will not cause the concentration of selenium to exceed the enforcement standard for selenium at the point of standards 

application because of the landfill’s liner and leachatecollection system design. The proposed facility is designed to achieve the lowest possible concentrations for selenium that are technically and economically feasible. Granting the exemption will not inhibit compliance with the Wisconsin solid waste management standards. The company’s monitoring well data show only one exceedance of the selenium preventive action permit (PAL) (10 μg/L) since monitoring began in June 2001. 

The Department reserves the right to require the submittal of additional information and to modify this approval at any time, if in the Department’s opinion, modifications are necessary. 

The permittee demoto the groundwater ssulfate at an eleventwarranted. HoweverWell Station 6 from plan for the facility. the groundwater staselenium at Well Stand an exemption gr2000, for Well Stati
TABLE L.1 (Cont.) ID State Variance Category Granting Rationale Revocation Provisions Varia

209 WI Leachate-collection requirements Dairyland Power Cooperative (DPC) has demonstrated circumstances that warrant an exemption from the Wisconsin Administrative Code (WAC) requirement whereby leachate flowing across the base of a liner is required to flow into a perforated leachate collection line within 130 ft. A company representative explained that the Wisconsin Department of Natural Resources (WDNR) reviewed the engineering design of the landfill and was satisfied that it would provide adequate drainage, thus protecting human health and the environment. Even though the landfill is located within a natural valley, it is an engineered structure and the drawings reflect that the slopes are adequate to provide the necessary drainage toward the collection pipe. The landfill has base slopes of between 6% and 10%. The Department reserves the right to require the submittal of additional information and to modify this approval at any time, if in the Department’s opinion, modifications are necessary. Although the permit 

section from which such section appearNR 504.06(5) is citedescribes a requiremcollection system threquirement that the NR 504.05(5). 209 WI Liner requirements DPC has demonstrated circumstances that warrant an exemption from the Wisconsin Administrative Code (WAC) requirement whereby sumps and side-slope risers must be installed as part of the leachate removal system rather than allowing penetration of the composite liner sidewall. A 

company representative explained that the landfill is located at the head end of a small valley. The leachate tank is located several hundred feet downgradient of the landfill. Hence, natural gravity drainage made sense because the elevation difference between the landfill and the leachate tank would accommodate it. According to the company representative, the area where the liner penetration occurred was inspected and leak tested at the time it was penetrated to verify that no leaks were present. The inspection and leak test data were documented and submitted to the WDNR in the construction report. Since landfill operations began, no means have existed to monitor the penetration area, just as no means exists (other than groundwater monitoring) by which to monitor the landfill liner system. A company representative indicated that data collected from leachate head wells located within the landfill verify that the leachate head on the liner has not exceeded the regulatory limit of 12 in. 

The Department reserves the right to require the submittal of additional information and to modify this approval at any time, if in the Department’s opinion, modifications are necessary. 

None 
TABLE L.1 (Cont.) ID State Variance Category Granting Rationale Revocation Provisions Varia

205 WV Cover/dust controls None specified in the permit. The rationale for granting the variance was contained in a fact sheet that accompanied the draft permit. As part of the draft permit, the fact sheet was available to the public for comment. It explained the variance rationale as follows: “Requirements for intermediate cover are not necessary for the same reasons as stated for daily cover:” [Note: the reasons stated for daily cover are as follows: “Requirements for cell height and daily cover are not necessary for this facility due to the fact that coal ash should not cause vector problems, windblown litter or other problems associated with municipal waste. In addition, this facility is to be constructed as a structural landfill and does not utilize cells or daily cover.”] None specified The permit did not s

variance. 204 WV Cover/dust controls None specified in the permit. The rationale for granting the variance was contained in a fact sheet that accompanied the draft permit. As part of the draft permit, the fact sheet was available to the public for comment. It explained the variance rationale as follows: “Requirements for intermediate cover are not necessary for the same reasons as stated for daily cover:” 

[Note: the reasons stated for daily cover are as follows: “Requirements for cell height and daily cover are not necessary for this facility due to the fact that coal ash should not cause vector problems, windblown litter or other problems associated with municipal waste. Also, this facility is to be constructed as a structural landfill and does not utilize cells or daily cover.”] 

None specified The permit provided 

variances; it merely for the following seManagement RegulSection 3.2k, 3.4, 4.4.6.b.2.D.(2), 4.8.c.3and gas monitoring sections 3.10.a.2, 3.

205 WV Daily cell height None specified in the permit. The rationale for granting the 

variance was contained in a fact sheet that accompanied the draft permit. As part of the draft permit, the fact sheet was available to the public for comment. It explained the variance rationale as follows: “Requirements for cell height and daily cover are not necessary for this facility due to the fact that coal ash should not cause vector problems, windblown litter or other problems associated with municipal waste. In addition, this facility is to be constructed as a structural landfill and does not 

utilize cells or daily cover.” 

None specified Permit did not speci
TABLE L.1 (Cont.) ID State Variance Category Granting Rationale Revocation Provisions Varia

205 WV Daily cover/dust controls None specified in the permit. The rationale for granting the variance was contained in a fact sheet that accompanied the draft permit. As part of the draft permit, the fact sheet was available to the public for comment. It explained the variance rationale as follows: “Requirements for cell height and daily cover are not necessary for this facility due to the fact that coal ash should not cause vector problems, windblown litter or other problems associated with municipal waste. In addition, this facility is to be constructed as a structural landfill and does not utilize cells or daily cover.” None specified The permit did not s

control that would a

204 WV Daily cover/dust controls None specified in the permit. The rationale for granting the variance was contained in a fact sheet that accompanied the draft permit. As part of the draft permit, the fact sheet was available to the public for comment. It explained the variance rationale as follows: “Requirements for cell height and daily cover are not necessary for this facility due to the fact that coal ash should not cause vector problems, windblown litter or other problems associated with municipal waste. Also, this facility is to be constructed as a structural landfill and does not utilize 

cells or daily cover.” 

None specified The permit provided 

variances; it merely for the following seManagement RegulSection 3.2k, 3.4, 4.4.6.b.2.D.(2), 4.8.c.3and gas monitoring sections 3.10.a.2, 3.

205 WV Landfill gas 

management requirements 

None specified in the permit. The rationale for granting the variance was contained in a fact sheet that accompanied the draft permit. As part of the draft permit, the fact sheet was available to the public for comment. It explained the variance rationale as follows: “Landfill gas management - The waste disposed at this facility does not produce waste gases.” 

None specified The permit did not s

variance. 

204 WV Landfill gas 

management requirements 

None specified in the permit. The rationale for granting the variance was contained in a fact sheet that accompanied the draft permit. As part of the draft permit, the fact sheet was available to the public for comment. It explained the variance rationale as follows: “Landfill gas management - The waste disposed at this facility does not produce waste gases.” 

None specified The permit provided 

variances; it merely for the following seManagement RegulSection 3.2k, 3.4, 4.4.6.b.2.D.(2), 4.8.c.3and gas monitoring sections 3.10.a.2, 3.
TABLE L.1 (Cont.) ID State Variance Category Granting Rationale Revocation Provisions Varia

204 WV Liner requirements None specified in the permit. The rationale for granting the variance was contained in a fact sheet that accompanied the draft permit. As part of the draft permit, the fact sheet was available to the public for comment. It explained the variance rationale as follows: “Leachate pond liner - waiver is proposed to be granted because this is a Coal Combustion By-product facility and is consistent with the liner required for the landfill.” In a telephone conversation, during May 2005, a company representative clarified that Section 5.5.b.1.G of the West Virginia Solid Waste Management Rule allows options for liner systems for surface impoundments receiving leachate. The regulation is as follows: “For surface impoundments receiving leachate, a permittee may elect use of a liner system consisting of either eighteen (18) inches of clay having a permeability no greater than 1 × 10-7 centimeters per second and compacted to a Standard Proctor density of at least ninety-five percent (95%) as determined by ASTM D-698, with a sixty (60) mil synthetic 

liner installed on top of the clay; two (2) feet of clay with the aforementioned permeability rate and compaction density; or any other alternative liner system approved by the Secretary on a case-by-case basis. Taking into account site-specific 

conditions, an appropriate groundwater interceptor drainage system, which must also serve as a leachate-detection system, must be installed under all liner systems in such a manner as to avoid groundwater penetration of the liner system and to facilitate detection of leachate penetrating the liner.” The company representative stated that a groundwater interceptor drainage system was required but no additional monitoring was required. 

None specified The permit provided 

variances; it merely for the following seManagement RegulSection 3.2k, 3.4, 4.4.6.b.2.D.(2), 4.8.c.3and gas monitoring sections 3.10.a.2, 3.
TABLE L.1 (Cont.) ID State Variance Category Granting Rationale Revocation Provisions Varia

205 WV Liner requirements None specified in the permit. The rationale for granting the variance was contained in a fact sheet that accompanied the draft permit. As part of the draft permit, the fact sheet was available to the public for comment. It explained the variance rationale as follows: “Leachate pond liner - waiver is proposed to be granted because this is a Coal Combustion By-product facility and is consistent with the liner required for the landfill.” In a telephone conversation, a company representative clarified that Section 5.5.b.1.G of the West Virginia Solid Waste Management Rule allows options for liner systems for surface impoundments receiving leachate. The regulation is as follows: “For surface impoundments receiving leachate, a permittee may elect use of a liner system consisting of either eighteen (18) inches of clay having a permeability no greater than 1 × 10-7 centimeters per second and compacted to a Standard Proctor density of at least ninety-five percent (95%) as determined by ASTM D-698, with a sixty (60) mil synthetic liner installed on top of the clay; two (2) feet of clay with the 

aforementioned permeability rate and compaction density; or any other alternative liner system approved by the Secretary on a case-by-case basis. Taking into account site-specific 

conditions, an appropriate groundwater interceptor drainage system, which must also serve as a leachate detection system, must be installed under all liner systems in such a manner as to avoid groundwater penetration of the liner system and to facilitate detection of leachate penetrating the liner.” The company representative stated that a groundwater interceptor drainage system was required but no additional monitoring was required. 

None specified Survey respondent i

a 2-ft compacted cla
TABLE L.1 (Cont.) ID State Variance Category Granting Rationale Revocation Provisions Varia

204 WV Location requirements None specified in the permit. The rationale for granting the variance was contained in a fact sheet that accompanied the draft permit. As part of the draft permit, the fact sheet was available to the public for comment. It explained the variance rationale as follows: “Location standard for facility located over a deep mine – The writer proposes that this waiver be granted based on the Gales Engineering report, Little Broad Run Landfill Mining Subsidence Evaluation, dated November 6, 1992. AEP retained Gales Engineering Company to investigate the structural integrity of the Philip Sporn Number 1 Mine that underlies portions of the landfill. The report indicates that the most significant problem which could occur due to the mine’s presence would be failure of the clay liner due to mine subsidence. The mine was constructed utilizing pillars, which according to the report, were never removed. Based on this information, subsidence should be the result of pillar failure. The report utilizes accepted methods for determining pillar failure. The safety factor is 2.3. 

The report was also reviewed by an engineer of the DEP [Division of Environmental Protection], Office of Mining and Reclamation. He stated that the report utilized appropriate methods and found that based on information in the report, [the site] has an acceptable factor of safety. This waiver was previously granted by DEP’s Director via letter dated December 15, 1992 when this permit was originally 

issued.” 

None specified The permit provided 

variances; it merely for the following seManagement RegulSection 3.2k, 3.4, 4.4.6.b.2.D.(2), 4.8.c.3and gas monitoring sections 3.10.a.2, 3.

205 WV Pre-siting 

requirements 

None specified in the permit. The rationale for granting the variance was contained in a fact sheet that accompanied the draft permit. As part of the draft permit, the fact sheet was available to the public for comment. It explained the variance rationale as follows: “Pre-siting requirements for commercial solid waste facilities -- This facility is not classified as a commercial solid waste facility since it is a solid waste facility owned and operated by a person for the sole purpose of disposing of solid waste created by a person or such persons on a cost-sharing basis (SWMR Section 2.16).” 

None specified None