CCR Regulations and Risk Management

KEYWORDS Regulations, compliance, risk management ABSTRACT The Federal Coal Combustion Residuals (CCR) Rule (40 CFR 257, Subpart D) requires coal‐fired power plants to institute various protective measures for the handling and disposal of CCR materials. These measures include the following: i) retrofitting and closure of CCR surface impoundments, ii) process improvements, iii) inspections, iv) air and groundwater monitoring, v) environmental corrective actions, and vi) beneficial uses of CCR. One key feature of the Federal CCR Rule has historically been its self‐implementing nature; site owners and operators are responsible for compliance and enforcement is brought forth via lawsuits from the public or state and local governments. In the last few years, several states have established their own CCR regulatory programs which incorporate the main elements of the federal rule, with some exceptions. This presentation will walk through the key elements of the federal and various state CCR rules, highlighting similarities and differences. The role of federal regulators within the state CCR program will also be explored. In addition, the presentation will provide an overview of recent litigation and state and federal regulatory actions, including changes under the current administration, and will conclude with a discussion on regulatory trends, compliance planning, and strategies to manage corporate risk. Submitted for consideration for WOCA 2026, Lexington, KY.