Jump to main content.


Coal Combustion Residuals - Key Differences Between Subtitle C and Subtitle D Options

Proposed Rule | Frequent Questions | Webinar Information | Public Hearings

Key Differences Between Subtitle C and Subtitle D Options
  SUBTITLE C SUBTITLE D
Effective Date Timing will vary from state to state, as each state must adopt the rule individually-can take 1 – 2 years or more Six months after final rule is promulgated for most provision: certain provisions have a longer effective date
Enforcement State and Federal enforcement Enforcement through citizen suits; States can act as citizens.
Corrective Action Monitored by authorized States and EPA Self-implementing
Financial Assurance Yes Considering subsequent rule using CERCLA 108 (b) Authority
Permit Issuance Federal requirement for   permit issuance by States No
Requirements for Storage, Including Containers, Tanks, and Containment Buildings Yes No
Surface Impoundments Built Before Rule is Finalized Remove solids and meet land disposal restrictions; retrofit with a liner within five years of effective date. Would effectively phase out use of existing surface impoundments Must remove solids and retrofit with a composite liner or cease receiving CCRs within 5 years of effective date and close the unit
Surface Impoundments Built After Rule is Finalized Must meet Land Disposal Restrictions and liner requirements. Would effectively phase out use of new surface impoundments. Must install composite liners. No Land Disposal Restrictions
Landfills Built Before Rule is Finalized No liner requirements, but require groundwater monitoring No liner requirements, but require  groundwater monitoring
Landfills Built After Rule is Finalized Liner requirements and groundwater monitoring Liner requirements and groundwater monitoring
Requirements for Closure and Post-Closure Care Yes; monitored by States and EPA Yes; self-implementing

The requirements under subtitle D are those that EPA will be proposing based on statutory authority.  States, under their own programs, can adopt requirements for which we do not have authority.

While the co-proposed RCRA subtitle D regulations do not include provisions for financial assurance, EPA has stated that classes of facilities within the Electric Power Generation, Transmission, and Distribution industry are among those for which EPA plans to develop, as necessary, a proposed regulation under the authority of CERCLA 108(b).

Top of Page


Local Navigation




Jump to main content.