EPA Proposes “Practical” Changes to the Coal Ash Rule: What Utilities Need to Know

The U.S. Environmental Protection Agency (EPA) has proposed updates to federal coal combustion residuals (CCR) regulations affecting both operating and legacy CCR units. These amendments signal a shift from a primarily self-implementing framework to a permit-based compliance model.

Under the proposed approach, federal or state-issued permits would introduce greater agency oversight and allow site-specific considerations to guide compliance. This includes closure, groundwater assessment, and corrective action requirements for both active and inactive CCR units. The proposal also addresses beneficial use, CCR dewatering structures, and storage piles.

KEY AMENDMENTS TO EPA CCR REGULATIONS

Site-Specific Permitting Pathway
EPA is proposing a permit-based compliance pathway that allows utilities to tailor CCR management strategies to site conditions through federal or state-issued permits.

Permitting would address site-specific factors such as:

• Groundwater monitoring points of compliance
• Cleanup levels and corrective action strategies
• Closure design and timelines
• Post-closure care requirements

This represents a significant shift from a prescriptive, self-reporting framework to a risk-based program that incorporates site-specific environmental conditions.

Exemption for Certain CCR Dewatering Systems
Certain CCR dewatering structures would be excluded from federal CCR regulations applicable to surface impoundments, reducing the regulatory burden associated with dewatering activities.

Changes to Legacy CCR Units and CCR Management Units (CCRMUs)
The proposal includes several modifications:

• Updates to requirements for Legacy Units closed prior to November 8, 2024, with federal or state oversight
• Rescission of CCRMU requirements, including historical fill areas
• Expanded closure options, revised deferral criteria, and adjustments to regulatory scope

These changes directly impact remediation strategies at legacy sites.

Beneficial Use of Coal Ash
EPA is proposing to ease restrictions on beneficial use, including:

• Removing environmental demonstration requirements for large unencapsulated uses (>12,400 tons)
• Excluding certain applications from CCR regulation, such as cement manufacturing, agricultural use of flue gas desulfurization (FGD) gypsum, and wallboard production

These updates are expected to increase CCR recycling and reduce disposal volumes.

Definition of CCR Storage Piles
The rule introduces a formal definition for CCR storage piles, clarifying regulatory expectations for temporary ash handling and staging.

WHAT THIS MEANS FOR UTILITIES

The proposed amendments change how compliance is measured and implemented:

• A shift from prescriptive standards to site-specific, permit-based compliance
• Greater reliance on site characterization and data
• Increased flexibility in closure and corrective action strategies
• Expanded opportunities for CCR reuse and material management

Utilities will need to support decisions with robust regulatory and technical analysis, hydrogeologic data, and defensible remediation strategies.

HOW ENTACT HELPS CLIENTS NAVIGATE CCR REGULATORY CHANGES

As CCR regulations evolve, utilities need an environmental construction partner that translates regulatory flexibility into practical field execution. ENTACT supports Clients and their consultants across all phases of environmental remediation and geotechnical construction.

Adaptive Closure and Remediation Solutions
With more flexible closure requirements, ENTACT delivers constructability-focused solutions paired with phased, optimized remediation strategies. Our teams integrate earthwork, dewatering, and groundwater treatment into cohesive approaches aligned with site conditions and regulatory expectations.

CCR Excavation, Handling, and Beneficial Use Support
ENTACT supports large-scale CCR excavation and relocation while helping Clients and their consultants manage materials for beneficial reuse. We integrate reuse strategies into overall site planning to ensure practical, efficient execution aligned with project goals.

Field Execution That Controls Cost and Risk
Through constructability, proactive risk management, and disciplined delivery, we help ensure projects remain controlled from start to finish.