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 December 22, 2009 

In late November 2009, as part of ASTSWMO’s work to gather and convey information about State coal 

combustion waste (CCW) requirements, we asked a sampling of States the following questions: 

1. Has your CCW regulatory program been improved since 2000? 

2. Has groundwater monitoring been installed at existing coal fired utilities in your States 

that previously did not have groundwater monitoring? 

Along with the State responses that we received in November – December 2009, we also referred back 

to a survey of State coal combustion waste management practices that ASTSWMO conducted in 

February 2009 (Phase I CCW Survey) for information relevant to the first question. 

1. Has your CCW regulatory program been improved since 2000? 

a. Responses from a Sampling of States in late November 2009:

GA: GA EPD's regulatory program for handling CCW has not changed since 2000. The 

regulations in place for handling industrial waste are the same as they were in 2000. 

ID: Idaho DEQ does not have a regulatory program specific to CCW. Idaho’s Solid Waste 

Management Rules that would apply to CCW were revised in 2003. 

IL: Although the regulations for CCW landfills and surface impoundments have not been 

substantially modified since 2000, the way CCW is managed at many Illinois sites has 

substantially improved over the years. Since the early 1990’s, new ash ponds have been 

required to be lined and groundwater monitoring wells have been installed at many of 

these new ash impoundments. There are also older ash impoundments at many of 

these facilities. An inventory of power plants with ash impoundments permitted by the 

Illinois EPA under the National Pollution Discharge Elimination System (NPDES) permit 

program has been completed. There are 24 power plants in Illinois with a total of 83 

ash impoundments. Table 1 below indicates the number of impoundments which are 

active, which have low permeability liners, and which have groundwater monitoring. 

Total 

Impoundments 

Active 

Impoundments 

Inactive 

Impoundments 

Lined 

Impoundments 

Impoundments 

w/ Groundwater 

Monitoring 

 83 68 15 31 28 

Table 1. Number of impoundments that are active, have low permeability liners, and 

groundwater monitoring systems.
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 December 22, 2009 

IA: Yes, IAC 567 Chapter 103 was amended on 10-31-07 to provide criteria for establishing 

financial assurance for closure, postclosure and corrective action.

MT: Attempts to remove the statutory exemption in the Solid Waste Management Act for 

electrical generating facilities disposing of their own waste on their own property failed 

in 2005 and 2007. Legislation will be proposed again for the 2011 Montana biennial 

session. 

OH: No significant changes in the regulatory program have occurred since 2000. 

PA: Yes. Currently, the recommendations by the NAS have been adopted by policy for CCW 

use at permitted mining activity sites and at abandoned coal mine sites. In addition, PA 

has proposed amendments to its regulations on beneficial use of coal ash to adopt the 

NAS recommendations. 

SC: NPDES permit program is consistent with EPA requirements. The landfill regulations 

were revised in May 2008 to include financial assurance for closure and post-closure of 

Class 2 and 3 LFs. 

VA: No significant regulatory improvements have occurred to the CCW program since 2000. 

b. Responses from the ASTSWMO Phase I CCW Survey Conducted in February 2009

In ASTSWMO’s February 2009 survey, we asked States if they were considering changes to their 

current regulations for CCW. At the time, 15 State respondents indicated they were considering 

changes: 

CO, FL, IN, IA, KS, KY, MD, MN, MS, MT, NY, NC, OH, PA, VA 

Although the survey did not specifically ask what impact the EPA's proposed regulation of coal 

ash disposal will have on those plans, it is fair to assume that at least some States will not 

embark on the resource intensive process of revising regulations until it is clear what kind of 

federal mandate will be imposed. 

Another survey question asked when the last changes to a State’s existing regulations for CCW 

were made. In addition to the States which responded to (a.) above, these States indicated that 

changes to regulations covering CCW had been made since 2000: 

AZ: Aquifer Protection Permit (APP) Program rules last revised November 2005. 

DE: The last minor revisions to the DE regulations governing solid waste became effective 

December 21, 2007. 

KS: Minor changes have been made to landfill regulations within the last 5 years. 

LA: Regulations updated in 2007. 
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 December 22, 2009 

MD: 2008. 

MS: Current regulations have been in place since April 2005. 

ND: Modifications in 2009. 

TN: Amended in 2008. 

WA: Current regulation: 2003. 

WV: Last amended: March 2006. 

WI: Last revised: January 2006. 

2. Has groundwater monitoring been installed at existing coal fired utilities in your States 

that previously did not have groundwater monitoring? 

Responses from a Sampling of States in late November 2009:

GA: Yes, some of the ponds that were storing wet CCW have been filled and the closure of 

the ponds has come under the Rules for Solid Waste Management and EPD has 

requested groundwater monitoring be installed around these closed ponds. 

ID: Idaho does not have any coal fired utilities. 

 

IL: In April of 2009 Illinois EPA Bureau of Water (BOW) requested ten facilities (i.e., facilities 

located in areas with a high potential for aquifer recharge and with existing and future 

potable uses) under a modified BOW permit to install a groundwater monitoring well 

system, and implement a monitoring program. These programs were requested at 10 

facilities which lacked groundwater monitoring systems. Additionally, 5 facilities (i.e., 

located in areas with low potential for aquifer recharge and existing and future potable 

uses in the area) were requested to assess the potential for contaminant migration at 

their respective sites. 

IN: Yes – Gibson Generating Station has recently installed monitoring wells around ash 

ponds. 

IA: For those coal fired utilities which have a permitted CCR landfill(s), each is required to 

maintain a ground water monitoring system. The IDNR does not currently regulate the 

storage of coal ash in wet surface impoundments. 

MT: Ground water monitoring is required at 6 of the 7 permitted facilities and will be 

evaluated at the remaining facility when that permit is renewed. Ground water 

monitoring and the regulatory program supporting them have been in place since 1982.
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 December 22, 2009 

NC: Groundwater monitoring was installed when landfills were originally permitted, 

although additional wells may be added during the life of the landfill or at time of 

closure per review of the monitoring plan, facility, etc. 

OH: Some existing surface impoundments have been required to install ground water 

monitoring. 

PA: The utilities are not required to monitor groundwater around the power plants. 

However, if the utility operates a disposal impoundment or landfill, they are required to 

monitor the groundwater. 

SC: Yes. In addition, all landfills have had groundwater monitoring systems.