Alternative Cover Permitting and the CCR Rule

Federal rules (40 CFR Parts 9, 257 and 261) that regulate coal combustion residuals (CCR) created a significant demand associated with closure of coal ash management and storage facilities using liner systems. Timelines associated with these facility closures combined with substantial project scale and potential for future mining /reuse has driven the need for closure systems that perform beyond the prescriptive soil / geomembrane caps outlined in the federal regulations. As outlined in section 257.102 (d)(3)(i) of the CCR Rule, the standard cover system must include an infiltration layer of at least 18 inches of earthen material and an erosion layer consisting of a minimum of 6 inches of earthen material capable of sustaining native plant growth. However, there is an allowance in the rules to utilize an alternative cover design if (i) it provides an equivalent infiltration reduction to the standard system, (ii) includes an erosion layer that resists wind and water erosion, and (iii) accommodates settling and subsidence. Alternative cover systems have been designed, permitted, and implemented over the last 10 years under the CCR rule by demonstrating equivalency, primarily to wind and water erosion. However, due to the increasing number of states applying for and receiving a delegated CCR program from the United States Environmental Protection Agency (US EPA), one additional requirement is being added – Financial Assurance. This presentation will recap the use of alterative cover systems in CCR closure applications since the advent of the CCR rule and will provide insight to Owners, Engineers, and Regulators on how to manage future closure and post closure care financial assurance requirements using alternative cover systems. Submitted for consideration for WOCA 2026, Lexington, KY.