42 38 1 3

Unregulated

42 12 18 18 2 5

No Response

42 15 25 4 11 3

42 3 35 4

ASTSWMO SURVEY CONDUCTED FEB - MAR 2009 (www.astswmo.org)

Is coal combustion waste included in your State regulations?

In general, which of the following best describes how CCB is regulated in your State:

Are you considering changing your current regulations? If you checked “Yes”, do you 

currently have a draft of your revised regulations?

Does your State prohibit or discourage the wet handling 

method of managing CCB?

Yes No

# STATES 

with CCB 

Under 

regulations 

designed 

specifically 

for CCB

# STATES 

with CCB 

YES NO NO RESPONSE

# STATES 

with CCB 

Considering Changing 

Regulations

If “Yes”, is there a draft of the 

revised regulations

Under general 

industrial 

waste 

regulations

Under general 

solid waste 

regulations

Yes No

SURVEY SUMMARY OF GENERAL QUESTIONS - RESULTS FOR STATES WITH CCB 

Regulated only 

on a case-bycase basis

# STATES 

with CCB 

YES NO NO RESPONSE
No Response

42 35 2 0 35 3 0 34 6 0 5

No Response

Yes No Yes No Yes No

36 25 6 0 21 12 0 15 19 0 7

Yes No In process of 

inspecting

No Response 

42 23 8 6 5

Yes No In process of 

inspecting

No Response 

36 7 12 5 13

Does your State have information regarding the location and size of CCB landfills, and of the quantity of material disposed or approved for disposal in these 

units?

# STATES 

with CCB 

SURFACE IMPOUNDMENTS

# STATES 

with CCB 

LANDFILLS

 In the last 6 months, has your State inspected for the stability and safety of 

CCB:

No

Does your State have information regarding the location and size of CCB impoundments, and of the quantity of material disposed or approved for disposal in 

these units?

# STATES

with CCB 

SURFACE IMPOUNDMENTS

Location Size Quantity of Material 

Disposed/ Approved 

Yes No Yes

In the last 6 months, has your State inspected for the stability and safety of CCB:

No Yes

# STATES

with CCB 

LANDFILLS

Location Size Quantity of Material 

Disposed/ Approved 
Yes No No Response 

42 34 5 3

Yes No No Response

36 16 12 8

Yes No No response

42 33 6 3

Yes No No response

36 19 10 7

Does your State have engineering standards that apply to the 

construction of CCB:

# STATES 

with CCB 

# STATES 

with CCB 

SURFACE IMPOUNDMENTS

# STATES 

with CCB 

LANDFILLS

# STATES 

with CCB 

SURFACE IMPOUNDMENTS

Does your State have groundwater monitoring data for CCB:

Does your State have groundwater monitoring data for CCB:

LANDFILLS

Does your State have engineering standards that apply to the 

construction of CCB:
42 36 3 3

42 5 34 3 0 1 3 4 0

Does your State have a permit program 

for CCB Landfills?

# 

States 

with 

CCB 

YES NO No 

Response

ASTSWMO SURVEY CONDUCTED FEB - MAR 2009 (www.astswmo.org)

How many CCB landfills do you currently 

have operating in your State?

41 responding States had 277 CCB LFs

# 

States 

with 

CCB 

Exempt LFs that receive 

captive waste from permit 

requirements

If you answered Yes, does the exemption 

equate to a complete absence of regulation?

Yes No No 

Response

Yes No Explanatio

n

No 

Response

SURVEY SUMMARY OF QUESTIONS REGARDING CCB LANDFILLS - RESULTS FOR STATES WITH CCB LANDFILLS 

Does your State exempt landfills that receive captive wastes (meaning, wastes that are disposed 

on the site where they are generated) from permit requirements? If “Yes”, does the exemption 

equate to a complete absence of regulations?
Other

(please 

explain)

Physical 

or 

Chemical 

Characteristics 

and/or 

Quantity 

of the 

CCB

42 26 4 2 5 8 3

42 27 5 22 4 8 15 14 13 4 19 21 9 2 12 12 2 25 6

Yes No Yes No

No 

Response 

Requireme

nt Applies 

to Both 

Existing 

and 

New/Latera

l 

Expansions 

of CCB 

Landfills

Requireme

nt Applies 

Only to 

Existing 

CCB 

Landfills

Need Evaluated on a 

Case-By-Case Basis 

No 

Response 

Require

ment 

Applies 

Only to 

New/Lat

eral 

Expansi

ons of 

CCB 

Landfill

No 

Response

Yes No Yes No

# 

States 

with 

CCB 

Regulatory Requirement:

BOTTOM LINER BOTTOM LINER

Regulatory Requirement: BOTTOM LINER

Dual/ 

Multiple 

Liners

Minimum Other

Requirement 

Variance Allowed Exemption Allowed 

# 

States 

with 

CCB 

REGULATORY CLASSIFICATIONS FOR CCB 

LANDFILLS

All CCB 

landfills 

receive 

the same 

type of 

permit 

under 

the State 

program 

Different Classifications or No 

of CCB Landfills Established in Response

Regulations Based on:

Type Source

Clay liner Composite 

Liner
42 34 4 16 10 8 15 12 12 3 31 0 4 7

42 22 11 17 8 8 13 15 12 3 9 0 21 11

Regulatory Requirement:

GROUNDWATER MONITORING GROUNDWATER MONITORING

No 

Response

Requireme

nt Applies 

to Both 

Existing 

and 

New/Latera

l 

Expansions 

of CCB 

Landfills

Requiremen

t Applies 

Only to 

Existing 

CCB 

Landfills

Requirem

ent 

Applies 

Only to 

New/Late

ral 

Expansio

ns of 

CCB 

Landfills

Minimum 

Requirement 

Variance Allowed Exemption Allowed Need evaluated on a 

case-by-case basis 

No 

Response

Yes No Yes No Yes

# 

States 

with 

CCB 

Regulatory Requirement:

No

Regulatory Requirement:

LEACHATE COLLECTION SYSTEM LEACHATE COLLECTION SYSTEM

Minimum 

Requirement 

Variance Allowed Exemption Allowed No 

Response

Yes No Yes No Yes

Yes

# 

States 

with 

CCB 

Regulatory Requirement:

No

Need Evaluated on a 

Case-By-Case Basis 

No Yes No

Requireme

nt Applies 

to Both 

Existing 

and 

New/Latera

l 

Expansions 

of CCB 

Landfills

Requiremen

t Applies 

Only to 

Existing 

CCB 

Landfills

Requirem

ent 

Applies 

Only to 

New/Late

ral 

Expansio

ns of 

CCB 

Landfills

No 

Response
42 33 3 17 8 4 17 9 16 3 31 0 4 7

Yes No Yes No Yes No Yes No

42 33 4 13 12 4 18 9 16 3 31 0 3 8

FINAL COVER SYSTEM (CAP)

Regulatory Requirement:

Requireme

nt Applies 

to Both 

Existing 

and 

New/Latera

l 

Expansions 

of CCB 

Landfills

Requiremen

t Applies 

Only to 

Existing 

CCB 

Landfills

# 

States 

with 

CCB 

Regulatory Requirement:

FINAL COVER SYSTEM (CAP)

Minimum 

Requirement 

Variance Allowed Exemption Allowed Need Evaluated on a 

Case-By-Case Basis 

No 

Response

No 

Response

Regulatory Requirement:

No Yes No Yes

Requiremen

t Applies 

Only to 

Existing 

CCB 

Landfills

Requirem

ent 

Applies 

Only to 

New/Late

ral 

Expansio

ns of 

CCB 

Landfills

Requireme

nt Applies 

to Both 

Existing 

and 

New/Latera

l 

Expansions 

of CCB 

Landfills

No Yes No

# 

States 

with 

CCB 

Regulatory Requirement:

POST CLOSURE CARE

Yes

POST CLOSURE CARE

Minimum 

Requirement 

Variance Allowed Exemption2

Allowed Need Evaluated on a 

Case-By-Case Basis 

No 

Response

Requirem

ent 

Applies 

Only to 

New/Late

ral 

Expansio

ns of 

CCB 

Landfills

No 

Response
Yes No Yes No Yes No Yes No

42 35 3 16 10 8 15 10 13 3 17 0 18 8

Yes No Yes No Yes No Yes No

42 36 3 12 12 6 15 10 13 3 32 0 3 7

No 

Response

Requireme

nt Applies 

to Both 

Existing 

and 

New/Latera

l 

Expansions 

of CCB 

Landfills

Requiremen

t Applies 

Only to 

Existing 

CCB 

Landfills

Requirem

ent 

Applies 

Only to 

New/Late

ral 

Expansio

ns of 

CCB 

Landfills

No 

Response

Exemption Allowed Need Evaluated on a 

Case-By-Case Basis 

Requireme

nt Applies 

to Both 

Existing 

and 

New/Latera

l 

Expansions 

of CCB 

Landfills

Requiremen

t Applies 

Only to 

Existing 

CCB 

Landfills

# 

States 

with 

CCB 

Regulatory Requirement:

SITING CONTROLS

Minimum 

Requirement 

Variance Allowed Exemption Allowed 

Requirem

ent 

Applies 

Only to 

New/Late

ral 

Expansio

ns of 

CCB 

Landfills

Regulatory Requirement:

SITING CONTROLS

# 

States 

with 

CCB 

Regulatory Requirement:

No 

Response

Need Evaluated on a 

Case-By-Case Basis 

No 

Response

Regulatory Requirement:

CORRECTIVE ACTION CORRECTIVE ACTION

Minimum 

Requirement 

Variance Allowed 
Yes No Yes No Yes No Yes No

42 29 4 11 14 4 18 11 15 5 25 0 7 10

Yes No Yes No Yes No Yes No

42 29 7 10 16 6 16 10 15 3 29 0 4 9

# 

States 

with 

CCB 

Regulatory Requirement: Regulatory Requirement:

STRUCTURAL STABILITY

Minimum 

Requirement 

Variance Allowed Exemption Allowed 

# 

States 

with 

CCB 

Regulatory Requirement:

Variance Allowed Exemption Allowed 

Need Evaluated on a 

Case-By-Case Basis 

No 

Response

Requireme

nt Applies 

to Both 

Existing 

and 

New/Latera

l 

Expansions 

of CCB 

Landfills

Requireme

nt Applies 

to Both 

Existing 

and 

New/Latera

l 

Expansions 

of CCB 

Landfills

Regulatory Requirement:

STRUCTURAL STABILITY

Requiremen

t Applies 

Only to 

Existing 

CCB 

Landfills

Requirem

ent 

Applies 

Only to 

New/Late

ral 

Expansio

ns of 

CCB 

Landfills

No 

Response

Requiremen

t Applies 

Only to 

Existing 

CCB 

Landfills

Requirem

ent 

Applies 

Only to 

New/Late

ral 

Expansio

ns of 

CCB 

Landfills

No 

Response

Need Evaluated on a 

Case-By-Case Basis 

No 

Response

FINANCIAL ASSURANCE FINANCIAL ASSURANCE

Minimum 

Requirement 
# 

States 

with 

CCB 

No 

Response

Yes No Yes No

42 16 23 0 5 14 3

Groundw

ater

Final Post Siting Corrective Structural

Monitori

ng

Cover Closure Controls Action Stability

System Care

(Cap)

42 30 31 29 31 31 32 29 28 32 9

# 

States 

with 

CCB 

Waste 

Quantity

Waste 

Chemical 

Compositi

on

Waste 

Physical 

Characteris

tics

Leachate 

Quality

Leachate 

Quantity

Co-Combustion 

(coal 

combusted 

with other 

type of 

fuels)

Cost 

(landfill 

construction or 

operating)

Climatic 

Conditions

Geographic 

Conditions

Geologic 

Conditions

Hydrogeologic 

Conditions

Potential 

Impact to 

Ground 

Water

Potential 

Impact to 

Surface 

Water

Other 

Environme

ntal 

Concerns

Other 

General or 

Specific 

Factors

Industry 

Specific 

Input

Public 

Input

No 

Response

42 16 28 27 26 19 10 11 15 20 27 29 29 29 15 12 23 22 8

Which of the following were considered in developing requirements for CCB landfills during the regulation development process?

What were the foundational requirements your State used in setting up 

its CCB landfill regulations. Did you use the RCRA Part 258 Subtitle D 

Criteria as a starting point for the regulations? If “Yes”, are your State 

regulations more stringent than the Part 258 Criteria?

Bottom 

Liner

Used Part 258 

Criteria as a 

Starting Point?

If Yes, are your 

State regulations 

more stringent than 

the Part 258 

Criteria?

Leachate 

Collection 

System

Financial 

Assurance

No 

Response

# 

States 

with 

CCB 

Number of Operating CCB Landfills with this Requirement
36 25 3 8

36 1 25 9 0 0 1 1 7

ASTSWMO SURVEY CONDUCTED FEB - MAR 2009 (www.astswmo.org)

Does your State have a permit 

program for CCB surface 

impoundments (either a landfill 

permit, NPDES permit, construction 

permit, or a combination)?

Does your State exempt surface impoundments that receive captive wastes (meaning, 

wastes that are disposed on the site where they are generated) from permit 

requirements? If “Yes”, does the exemption equate to a complete absence of 

regulation? 

How many CCB surface impoundments 

do you currently have operating in 

your State?

33 responding States had 257 CCB SIs

SURVEY RESPONSES REGARDING CCB SURFACE IMPOUNDMENTS - RESULTS FOR STATES WITH CCB SURFACE IMPOUNDMENTS

No 

Respons

e

No No 

Response

Yes No Explanati

on

# 

States 

with 

CCB 

SIs

YES NO NO 

RESPONS

E

# 

States 

with 

CCB 

SIs

Exempt SIs that receive 

captive waste from permit 

requirements

If you answered Yes, does the 

exemption equate to a complete 

absence of regulation?

Yes 
Other

Type Physical or 

Chemical 

Characteris

tics and/or 

Quantity of 

the CCB

36 18 1 1 5 13

36 19 82 125 35 82 76 64 101 78 65

# 

States 

with 

CCB 

SIs

No 

Response

Number of Operating CCB Surface Impoundments with these Requirements

Botto

m 

Liner

Leacha

te 

Collecti

on 

System

Financial 

Assurance

Groundwat

er 

Monitoring

Siting 

Controls

Structural 

Stability 

Final 

Cover 

System 

(Cap)

Post 

Closure 

Care

No 

Response

All CCB 

surface 

impound

ments 

receive 

the same 

type of 

permit 

under 

the State 

program 

Different 

Classifications or 

Types of CCB 

Surface 

Correcti

ve 

Action

# 

States 

with 

CCB 

SIs

REGULATORY CLASSIFICATIONS 

SURFACE IMPOUNDMENTS
Yes No Yes No Yes No Yes No

36 12 5 6 4 4 6 7 4 14 11 10 6 0 12 9 0 7 20

Yes No Yes No Yes No Yes No

36 14 5 5 4 4 5 9 3 13 17 0 2 17

Requiremen

t Applies to 

Both 

Existing 

and 

New/Latera

l 

Expansions 

of CCB 

Surface 

Impoundme

nts

Requireme

nt Applies 

Only to 

Existing 

CCB 

Surface 

Impoundme

nts

Requirem

ent 

Applies 

Only to 

New/Late

ral 

Expansio

ns of 

CCB 

Surface 

Impound

ments

No 

Respon

se

# 

States 

with 

CCB 

SIs

Regulatory Requirement: Regulatory Requirement:

GROUNDWATER MONITORING GROUNDWATER MONITORING

Minimum 

Requirement 

Variance Allowed Exemption 

Allowed 

Need evaluated on 

a case-by-case 

basis 

No 

Response

BOTTOM LINER Regulatory Requirement:

No 

Response 

Variance Allowed Exemption 

Allowed 

Need Evaluated on 

a Case-By-Case 

Basis 

BOTTOM LINER

Minimum 

Requirement 

No 

Response 

Regulatory Requirement:

Requirement 

Applies to Both 

Existing and 

New/Lateral 

Expansions of 

CCB Surface 

Impoundments

Composite 

Liner

Dual/ 

Multiple 

Liners

Other

# 

States 

with 

CCB 

SIs Requirement 

Applies Only to 

Existing CCB 

Surface 

Impoundments

Requirement 

Applies Only 

to 

New/Lateral 

Expansions 

of CCB 

Surface 

Impoundment

s

No 

Response

BOTTOM LINER**

Clay liner
Yes No Yes No Yes No Yes No

36 5 11 2 5 3 4 7 3 15 7 0 4 25

Yes No Yes No Yes No Yes No

36 13 5 4 6 1 8 9 4 15 15 0 1 19

Requireme

nt Applies 

Only to 

Existing 

CCB 

Surface 

Impoundme

nts

Requirem

ent 

Applies 

Only to 

New/Late

ral 

Expansio

ns of 

CCB 

Surface 

Impound

ments

Minimum 

Requirement 

Variance Allowed 

# 

States 

with 

CCB 

SIs

Regulatory Requirement: Regulatory Requirement:

FINAL COVER SYSTEM (CAP) FINAL COVER SYSTEM (CAP)

Exemption 

Allowed 

Need Evaluated on 

a Case-By-Case 

Basis 

No 

Respon

se

No 

Response

Requiremen

t Applies to 

Both 

Existing 

and 

New/Latera

l 

Expansions 

of CCB 

Surface 

Impoundme

nts

Requireme

nt Applies 

Only to 

Existing 

CCB 

Surface 

Impoundme

nts

Requirem

ent 

Applies 

Only to 

New/Late

ral 

Expansio

ns of 

CCB 

Surface 

Impound

ments

Minimum 

Requirement 

Variance Allowed Exemption 

Allowed 

Need Evaluated on 

a Case-By-Case 

Basis 

No 

Response

Requiremen

t Applies to 

Both 

Existing 

and 

New/Latera

l 

Expansions 

of CCB 

Surface 

Impoundme

nts

No 

Respon

se

# 

States 

with 

CCB 

SIs

Regulatory Requirement: Regulatory Requirement:

LEACHATE COLLECTION SYSTEM LEACHATE COLLECTION SYSTEM
36 14 5 3 6 2 6 7 4 15 15 0 1 20

Yes No Yes No Yes No Yes No

36 14 4 5 5 3 6 7 4 14 10 0 7 19

# Regulatory Requirement:

# 

States 

with 

CCB 

SIs

Regulatory Requirement: Regulatory Requirement:

SITING CONTROLS SITING CONTROLS

Requiremen

t Applies to 

Both 

Existing 

and 

New/Latera

l 

Expansions 

of CCB 

Surface 

Impoundme

nts

Requireme

nt Applies 

Only to 

Existing 

CCB 

Surface 

Impoundme

nts

Minimum 

Requirement 

Variance Allowed Exemption 

Allowed 

Requirem

ent 

Applies 

Only to 

New/Late

ral 

Expansio

ns of 

CCB 

Surface 

Impound

ments

No 

Respon

se

Regulatory Requirement:

Need Evaluated on 

a Case-By-Case 

Basis 

No 

Response

# 

States 

with 

CCB 

SIs

Regulatory Requirement:

No 

Respon

se

Yes No Yes No Yes No

Requireme

nt Applies 

Only to 

Existing 

CCB 

Surface 

Impoundme

Requirem

ent 

Applies 

Only to 

New/Late

ral 

Expansio

Exemption 

Allowed 

Need Evaluated on 

a Case-By-Case 

Basis 

No 

Response

Yes No

Minimum 

Requirement 

Variance Allowed 

Regulatory Requirement:

POST CLOSURE CARE POST CLOSURE CARE

Requiremen

t Applies to 

Both 

Existing 

and 

New/Latera

l 
Yes No Yes No Yes No Yes No

36 15 3 3 6 2 6 10 3 14 20 0 1 16

Yes No Yes No Yes No Yes No

36 13 5 3 5 1 7 5 6 14 21 11 0 4

Exemption 

Allowed 

Need Evaluated on 

a Case-By-Case 

Basis 

# 

States 

with 

CCB 

SIs

Regulatory Requirement: Regulatory Requirement:

STRUCTURAL STABILITY STRUCTURAL STABILITY

Requireme

nt Applies 

Only to 

Existing 

CCB 

Surface 

Impoundme

nts

Requirem

ent 

Applies 

Only to 

New/Late

ral 

Expansio

ns of 

CCB 

Surface 

Impound

ments

No 

Response

No 

Respon

se

Requiremen

t Applies to 

Both 

Existing 

and 

New/Latera

l 

Expansions 

of CCB 

Surface 

Impoundme

nts

No 

Respon

se

Variance Allowed Exemption 

Allowed 

Minimum 

Requirement 

Variance Allowed 

States 

with 

CCB 

SIs Need Evaluated on 

a Case-By-Case 

Basis 

No 

Response

Minimum 

Requirement 

Requiremen

t Applies to 

Both 

Existing 

and 

New/Latera

l 

Expansions 

of CCB 

Surface 

Impoundme

nts

Requireme

nt Applies 

Only to 

Existing 

CCB 

Surface 

Impoundme

nts

Requirem

ent 

Applies 

Only to 

New/Late

ral 

Expansio

ns of 

CCB 

Surface 

Impound

ments

CORRECTIVE ACTION CORRECTIVE ACTION
Yes No Yes No Yes No Yes No

36 11 9 0 7 0 7 3 5 15 10 0 1 25

# 

States 

with 

CCB 

SIs

No 

Response

Waste 

Quanti

ty

Waste 

Chemical 

Compositio

n

Waste 

Physica

l 

Charac

teristic

s

Leachate 

Quality

Leachate 

Quantity

CoCombusti

on (coal 

combuste

d with 

other 

type of 

fuels)

Cost 

(landfill 

construc

tion or 

operatin

g)

Climatic 

Conditions

Geographi

c 

Conditions

Geologic 

Conditions

Hydrogeologic 

Conditio

ns

Potenti

al 

Impact 

to 

Groun

d 

Water

Potential 

Impact to 

Surface 

Water

Other 

Environmental 

Concerns

Other General 

or Specific 

Factors

Industry 

Specific 

Input

Public 

Input

36 18 14 15 12 13 10 5 5 8 9 11 12 15 15 8 7 11 12

Variance Allowed 

# 

States 

with 

CCB 

SIs

Requirem

ent 

Applies 

Only to 

New/Late

ral 

Expansio

ns of 

CCB 

Surface 

Impound

ments

No 

Respon

se

Requireme

nt Applies 

Only to 

Existing 

CCB 

Surface 

Impoundme

nts

Regulatory Requirement:

FINANCIAL ASSURANCE FINANCIAL ASSURANCE

Minimum 

Requirement 

Exemption 

Allowed 

Need Evaluated on 

a Case-By-Case 

Basis 

No 

Response

Requiremen

t Applies to 

Both 

Existing 

and 

New/Latera

l 

Expansions 

of CCB 

Surface 

Impoundme

nts

Regulatory Requirement:

Which of the following were considered in developing requirements for CCB surface impoundments during the regulation development process