Kentucky Administrative Regulations

for Coal Combustion Residuals
September 3, 2015

Division of Waste Management
Department for Environmental Protection
Energy and Environment Cabinet
To Protect and Enhance Kentucky’s Environment

Known Inventory
Special Waste Landfills:
• Twelve (12) existing
• One (1) proposed
CCR Surface Impoundments:
• ±49 Existing
• ? Proposed

Division of Waste Management


Federal Rule
• Published on April 17th, 2015 as amendment to 40
C.F.R. 257
• Becomes effective on October 19th, 2015
• Sets out technical provisions for design and
operation of CCR landfills and CCR surface
impoundments (CCR units)
• Provides a definition of beneficial use that sets 4

Division of Waste Management


Federal Rule
The federal rule provides no permitting process, but
is instead self-implementing
Demonstrations and documentation in operating record
Public website to provide data to citizens
Lawsuits to determine if facilities are following rule

Division of Waste Management


Kentucky regulations
• Proposed to be promulgated as Chapter 46 of
Title 401.
• Will contain provisions for CCR landfills, surface
impoundments, beneficial use facilities, and
research, development, and demonstration (RDD)
• Does not replace requirements of federal rule.
Facilities comply with both programs in parallel.
Division of Waste Management


Kentucky regulations
• Whenever possible, Kentucky regulations have
incorporated federal requirements for siting,
design, and operation of CCR units.
• Kentucky did not adopt federal provisions for
self-implementing recordkeeping and reporting.
• Chapter 46 regulations contain provisions for
quarterly, semi-annual, and annual reporting
consistent with existing state programs.
Division of Waste Management


Beneficial use
Beneficial use will be permitted under three
different categories:
• Beneficial use as structural fill
– Use of CCR to provide a base for construction

• Beneficial use in a product
– To replace a virgin material in a product, must be

• Beneficial use land application
– To be applied to agricultural land for soil enhancement

Division of Waste Management


Groundwater and surface water
• The federal rule does not include surface water monitoring.
The regulation does, consistent with Chapter 45 and the
Clean Water Act.
• Temperature and specific conductance were added to the
groundwater monitoring and characterization lists.
– Identify general trends
– Can be indication of surface water infiltration into the well bore

Division of Waste Management


Groundwater and surface water
• Iron was added to the groundwater characterization list.
– Iron alone, or in combination with other metals can cause negative
– Needs to be monitored to assess risk.

• Monitoring will be conducted at point of compliance (site
specific), not waste boundary
• Risk assessment is an option added to the Kentucky
regulations, following general federal guidelines.

Division of Waste Management


Transition from Chapter 45 to 46
For existing CCR units to remain active
• Submit siting and design
applications by July 1, 2016

• Comply with current Chapter 45 permit until
determination is made on submitted applications.
Division of Waste Management


Transition from Chapter 45 to 46
For existing CCR units seeking closure
• Comply with existing permit
• Cease accepting CCR by October 19, 2015
• Submit schedule of closure, groundwater
monitoring plan, CPR after closed, certification
upon completion of post-closure
• Assessment and corrective action, if needed
Division of Waste Management


Permit-by-rule for CCR
Facilities will no longer be able to qualify for a
PBR for CCR.
• Provision is removed from 401 KAR 45:060
• Cease accepting CCR by October 19, 2015 or get
a permit under Chapter 46

Division of Waste Management


Closure of inactive impoundments

Must stop accepting CCR by October 19, 2015
May close in place or by removal of CCR
Applies to facilities no longer generating electricity
Must submit Notice of Intent to Close by April 15,
2016, annual progress reports, certification of

At facilities generating electricity, close by April 15, 2018
At facilities not generating electricity, close by April 15, 2020
Division of Waste Management


Closure of inactive impoundments
A facility in groundwater assessment must
• Be released from groundwater assessment prior to
termination (two consecutive monitoring events with no
• Have a cap design that includes synthetic liner
• Must submit environmental covenant with Notice of Intent
to Close

Division of Waste Management


Closure of inactive impoundments
CCR surface impoundments that have already
received approval for a closure plan from the
cabinet under Chapter 45 prior to October 19,
2015 must complete the approved plan and:

Submit revised schedule of closure
Submit groundwater monitoring plan
Submit CPR when closure is completed
Submit certification when post-closure is complete
Conduct assessment and corrective action, if needed
Division of Waste Management


Dam safety
Dam safety requirements will be reviewed by
Division of Water Personnel since they have
regulatory authority.
Dam safety information will be submitted to the
Solid Waste Branch as part of the design
401 KAR 4:XXX includes dam safety
requirements of 40 CFR 257.73,.74, .82 & .83
Division of Waste Management


Question & Answer

Submit additional questions or comments by
September 18, 2015 to:
KY Division of Waste Management
(502) 564-6716

Division of Waste Management