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Cleaner Power Plants Power Plants
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Controls to Meet Limits are Widely Available Setting Emissions Limits for Toxic Air Pollutants Power Plants Have Time to Meet the Standards Reliable Energy
On December 16, 2011, the Environmental Protection Agency (EPA) finalized the first ever national standards to reduce mercury and other toxic air pollution from coal and oil-fired power plants. More than 20 years after the 1990 Clean Air Act Amendments, some power plants still do not control emissions of toxic pollutants, even though pollution control technology is widely available.
There are about 1,400 coal and oil-fired electric generating units (EGUs) at 600 power plants covered by these standards. They emit harmful pollutants including mercury, non-mercury metallic toxics, acid gases, and organic air toxics including dioxin.
Power plants are currently the dominant emitters of mercury (50 percent), acid gases (over 75 percent) and many toxic metals (20-60 percent) in the United States.
While newer, and a significant percentage of older power plants already control their emissions of mercury, heavy metals, and acid gases, approximately 40 percent of the current EGUs still do not have advanced pollution control equipment.
The other big sources of mercury have already reduced their emissions.
In 1990, three industry sectors made up approximately two-thirds of total U.S. mercury emissions: medical waste incinerators, municipal waste combustors, and power plants. The first two of these sectors have been subject to emissions standards for years and as a result have reduced their mercury emissions by more than 95 percent. In addition, mercury standards for industries such as cement production, steel manufacturing and many others have reduced mercury emissions from these sources.
Sources of Mercury Emissions in the U.S.
Industrial Category 1990 Emissions tons per year (tpy)
2005 Emissions (tpy)
Percent Reduction
Power Plants 59 53 10%Municipal Waste Combustors 57 2 96%
Medical Waste Incinerators 51 1 98%
The final rule establishes power plant emission standards for mercury, acid gases, and non-mercury metallic toxic pollutants which will result in: preventing about 90 percent of the mercury in coal burned in power plants being emitted to the air; reducing 88 percent of acid gas emissions from power plants; and reducing 41 percent of sulfur dioxide emissions from power plants beyond the reductions expected from the Cross State Air Pollution Rule.
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Controls to Meet Limits are Widely Available
The Mercury and Air Toxics Standards provide regulatory certainty for power plants. Additionally, these standards level the playing field so that all plants will have to limit their emissions of mercury as newer plants already do.
Use of widely-available controls will reduce harmful air toxics and help modernize the aging fleet of power plants, many of which are over 50 years old.
Widely-available control technologies that reduce mercury and other air toxics Pollutant Addressed Existing Control Technologies to Address Toxic Pollutants
MercurySelective Catalytic Reduction (SCR )with Flue-gas Desulfurization (FGD), Activated Carbon Injection (ACI), ACI with Fabric Filter (FF) or Electrostatic Precipitators (ESP)
Non-mercury metals FF, ESP
Dioxins & Work Practice Standard ( inspection, adjustment, and/or maintenance
furans and repairs to ensure optimal combustion)Acid gases FGD, Dry Sorbent Injection (DSI), DSI with FF or ESPSulfur dioxide FGD, DSI
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Setting Emissions Limits for Toxic Air Pollutants
The MATS sets standards for all Hazardous Air Pollutants (HAPs) emitted by coal- and oil-fired EGUs with a capacity of 25 megawatts or greater. These are called national emission standards for hazardous air pollutants (NESHAP), also known as maximum achievable control technology (MACT) standards. Coal- and/or oil-fired electric utilities emit many of the 187 hazardous air pollutants listed in the Clean Air Act.
Emissions standards set under the toxics program are federal air pollution limits that individual facilities must meet by a set date. MACT for new sources must be at least as stringent as the emission reduction achieved by the best performing similar source. Existing source MACT standards must be at least as stringent as the emission reductions achieved by the average of the top 12 percent best controlled sources. These standards must address all hazardous air pollutants emitted at a source category.
Setting a MACT standard is a two step process:
1. The “MACT floor” is established based on what is currently achieved by sources – costs may not be considered.
2. EPA may regulate “beyond the floor” where justified – costs and other issues must be considered.
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Power Plants Have Time to Meet the Standards
Existing sources generally will have up to 4 years if they need it to comply with MATS.
This includes the 3 years provided to all sources by the Clean Air Act. EPAs analysis continues to demonstrate that this will be sufficient time for most, if not all, sources to comply.
Under the Clean Air Act, state permitting authorities can also grant an additional year as needed for technology installation. EPA expects this option to be broadly available.
EPA is also providing a pathway for reliability critical units to obtain a schedule with up to an additional year to achieve compliance. This pathway is described in a separate enforcement policy document. The EPA believes there will be few, if any situations, in which this pathway will be needed.
In the unlikely event that there are other situations where sources cannot come into compliance on a timely basis, consistent with its longstanding historical practice under the Clean Air Act, the EPA will address individual circumstances on a case-by-case basis, at the appropriate time, to determine the appropriate response and resolution.
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Reliable Energy
In EPA's 40 year history, the Clean Air Act has not impacted power companies' ability to keep the lights on in communities across the United States. EPA's analysis shows that the MATS rule and the Cross State Air Pollution Rule will not adversely affect resource adequacy in any region of the country. More information is available in EPA's resource adequacy analysis (PDF) (9pp, 418k).
A number of other analyses have reached conclusions consistent with EPA's, including a report from the Department of Energy (PDF).
Interstate Air Pollution Transport
What's New
January 8, 2014 - EPA published its 2018 base year emissions modeling platform for public comment. These data will support the assessment of interstate air pollution transport.
November 19, 2013 - EPA published its 2011 base year emissions modeling platform for public comment. These data will support the assessment of interstate air pollution transport.
April 8 and April 17, 2013 - EPA held meetings with States on air pollution transport. See stakeholder outreach page for more information.
The Clean Air Act's "good neighbor" provision requires EPA and states to address interstate transport of air pollution that affects downwind states' ability to attain and maintain National Ambient Air Quality Standards (NAAQS).
A combination of local emissions and emissions from upwind sources impacts air quality in any given location. Emissions of sulfur dioxide (SO2) and nitrogen oxides (NOX) can react in the atmosphere to form fine particle (PM2.5) pollution. Similarly, NOX emissions
can react in the atmosphere to create ground-level ozone pollution. These pollutants can travel great distances affecting air quality and public health locally and regionally. The transport of these pollutants across state borders makes it difficult for downwind states to meet health-based air quality standards for PM2.5 and ozone.
Next Steps in Addressing Interstate Air Pollution Transport Under the Clean Air Act:
Together with our state partners, EPA is assessing the next steps to address interstate air pollution transport under the Clean Air Act. Information pertaining to stakeholder outreach and Agency actions will be posted to this website as available.
Air Toxics Standards for Utilities
Announcements
April 24, 2013 - The Environmental Protection Agency (EPA) published in the Federal Register updated emission limits for new power plants under the Mercury and Air Toxics Standards (MATS). The updates only apply to future power plants; do not change the types of state-of-the-art pollution controls that they are expected to install; and will not significantly change costs or public health benefits of the rule.
June 25, 2013 - The EPA announced a reopening, for 60 days, of the public comment period on the startup and shutdown provisions included in the November 2012 proposed updates to pollution limits for new power plants under Mercury and Air Toxics Standards. Interested groups will have the opportunity to review new information provided during the original public comment period and subsequent EPA analysis of that information.
Proposed and Promulgated Rules
Subpart UUUUU - National Emission Standards for Hazardous Air Pollutants: Utility NESHAP
Date Citation Action Description File Download
06/25/13 78 FR 38001
Proposed rule; Reopening of
Reconsideration of Certain Startup/Shutdown Issues:
Comment Period National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units
211 kb
04/24/13 78 FR 24073
Notice of Final Action on Reconsideration
Reconsideration of Certain New Source Issues: National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial- Commercial-Institutional, and Small Industrial-Commercial- Institutional Steam Generating Units
420 kb
12/12/12 77 FR 73968
Extension of public comment period
Reconsideration of Certain New Source and Startup/Shutdown Issues: National Emission Standards for Hazardous Air Pollutants From Coaland Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-
Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units
12/05/12 77 FR 72294
Correction National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial- Commercial-Institutional Steam Generating Units: Proposal - Reconsideration.
11/30/12 77 FR 71323
Proposal - Reconsideration
National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial- Commercial-Institutional Steam Generating Units: Proposal - Reconsideration.
08/02/12 77 FR 45967
Partial Stay National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and
Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial- Commercial-Institutional Steam Generating Units: Notice of Partial Stay.
4/19/12 77 FR 23399
Correction National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial- Commercial-Institutional Steam Generating Units- Final rule; correction.
2/16/12 77 FR 9303 Final National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial- Commercial-Institutional Steam Generating Units-Final Rule
7/1/11 76FR38590 Proposed Proposed National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam
Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units; Extension of Comment Period
4/28/11 76FR23768 Notice National Emission Standards for Hazardous Air Pollutants: Utility NESHAP: Public Hearing Annoucement
5/03/11 76FR24976 Proposed National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial- Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units; Proposed Rule--Note: Pages 25014 and 25069 of the proposed rule contain references to proprietary technology. EPA included these references merely to illustrate that the technologies under discussion are commercially available. EPA and the U.S. government do not endorse any of the listed products.
MATS Reconsideration
Date Description Download
06/17/13 Assessment of startup period at coal-fired electric generating units
11/16/2012
MATS proposal reconsideration operating limit memo
11/16/2012
MATS proposal reconsideration Hg 3xRDL memo
11/16/2012
MATS proposal reconsideration controls memo
11/16/2012
MATS proposal reconsideration beyond-the-floor memo
11/16/2012
MATS proposal reconsideration CPMS operating limit memo
11/16/2012
MATS proposal reconsideration startup/shutdown memo
11/16/2012
MATS proposal reconsideration MACT floor memo
11/16/2012
MATS proposal reconsideration EIA
11/16/2012
MATS proposal reconsideration MACT floor spreadsheet - coal selenium
11/16/2012
MATS proposal reconsideration MACT floor spreadsheet - coal filterable PM
11/16/2012
MATS proposal reconsideration MACT floor spreadsheet - coal HCl
11/16/2012
MATS proposal reconsideration MACT floor spreadsheet - non-low rank virgin coal Hg
11/16/2012
MATS proposal reconsideration MACT floor spreadsheet - coal lead
11/16/2012
MATS proposal reconsideration MACT floor spreadsheet - pet coke SO2
11/16/2012
MATS proposal reconsideration MACT floor spreadsheet - coal SO2
11/16/2012
MATS proposal reconsideration MACT floor spreadsheet - low rank virgin coal Hg
11/16/2012
MATS proposal reconsideration MACT floor spreadsheet - oil filterable PM
11/16/2012
MATS proposal reconsideration MACT floor spreadsheet - pet coke filterable PM
MATS ICR Data
The file(s) below provide(s) the information obtained through the MATS ICR (ICR No. 2362.01; OMB Control Number 2060-0631). The information provided is the latest available prior to signature of the proposal package. Previous versions have been deleted.
Note: Due to the large file sizes, the download period may cause timeouts on some computers.
Date Description Download
6/30/11 List of facility/unit Hg stack emission averages from the EU MACT ICR Parts II and Part III
6/6/11 Facility Contact Information
5/26/11 Part III ICR facility data
12/16/11 MACT Floor Analysis-Coal HG
12/16/11 MACT Floor Analysis-Coal acid gas
12/16/11 MACT Floor analysis-Coal HAP metals
12/16/11 MACT Floor analysis-Oil
12/16/11 MACT Floor analysis- IGCC
12/16/11 MACT Floor analysis- Petroleum Coke
4/28/11 ICR data - oil D-F
3/16/11 ICR data - coal D-F
3/16/11 ICR data - organics CO
12/16/11 EGU_ICR_PartI_and_PartII
12/16/11 EGU ICR PartIII
4/5/11 Database dictionary-Part III
4/5/11 Database dictionary-Part I/II
4/5/11 Database electronic report diagram
4/5/11 Database electronic report diagram legend
Technical Support Documents
Date Description Download
12/16/11 Excess Local Deposition TSD
12/16/11 Emissions Spreadsheet
01/04/12 Supplement to the Non-Hg Case Study Chronic Inhalation Risk Assessment In Support of the Appropriate and Necessary Finding for Coal- and Oil-Fired Electric Generating Units
12/16/11 Support materials for oil emission factors for non-mercury risk assessment
5/5/2011 Case Studies Emissions Spreadsheet from proposal
12/16/11 Case Studies Emissions Spreadsheet
12/16/11 Mercury speciation data
12/16/11 Mercury speciation profiles
12/16/11 Methods to Develop Inhalation Cancer Risk Estimates for Chromium and Nickel Compounds
12/16/11 Response to Comments Document NESHAP
12/16/11 Response to Comments Document NSPS
12/16/11 Air Quality Modeling TSD: EGU Mercury Analysis
12/16/11 Air Quality Modeling TSD: Final EGU NESHAP
12/16/11 Feasibility of Retrofits for Toxics Rule
12/16/11 Revised Resource Adequacy TSD
3/16/11 Non-Hg Case Study Chronic Inhalation Risk Assessment TSD
12/16/11 EGU MACT Floor Memo
12/16/11 Revised Beyond-the-Floor_TSD
3/16/11 Summary of Outreach and consultation with Tribal Govenments
3/16/11 FCPC follow up to EPA's consultation on utility MACT rulemaking
3/16/11 FCPC Comments on EPA's CAMR Rulemaking
3/16/11 Watras Study-Devils Lake-Mercury Final Report June 2006
3/16/11 Demographics analysis
12/16/11 Emissions Overview
12/16/11 Revised Mercury Risk TSD
12/16/11 Revised Planned and Projected Retirements
12/16/11 Regulatory Impact Analysis for the final Mercury and Air Toxics Standard
3/22/11 IPM materials
12/16/11/11 IPM Outputs - Policy Case
12/16/11/11 IPM Outputs - Base Case
Final ICR Information
Date Description Download
12/24/09
ICR Final Part A
12/24/09
ICR Final Part B
Other Information
Date Description Download
6/21/2012 Example MATS initial notification form
3/31/2011 Public Utility Commission Study
3/31/11 Employment impacts associated with the manufacture, installation, and operation of scrubbers
Final ICR Information
Date Description Download Download
12/24/09
ICR Final Part A
12/24/09
ICR Final Part B
More detail on the ongoing Utility MACT ICR effort
History
Historical information on the Clean Air Mercury Rule. Historical information on Electric Utility Steam Generating Units Rule Making.
National Emission Standard for Benzene Waste Operations
(Docket#A-2001-23 and OAR-2003-0147)
On this page:
Rule Information Technical Information Implementation Information
Rule Information
Proposed and Promulgated Rules
Subpart FF - National Emission Standards for Benzene Waste Operations
Date Citation Action Description File Download
12/04/03
68 FR 67931
Final National Emission Standard for Benzene Waste Operations-Final Rule Amendments
02/06/03
68 FR 6082 Action National Emission Standard for Benzene Waste
Operations-Partial withdrawal of direct final rule
11/12/02
67 FR 68546
Proposal
National Emission Standard for Benzene Waste Operations-Proposed rule; amendments
03/07/90
55 FR 8346 Final National Emission Standard for Benzene Waste Operations-Subpart FF
NOTE: All files are Government Printing Office (GPO) Federal Register files unless otherwise indicated. You can also access full text of the Code of Federal Regulations at GPO e-CFR.
Stationary Combustion Turbines NESHAP
(Docket#OAR-2002-0060 )
Docket Index
On this page:
Rule Information Technical Information Implementation Information
Rule Information
Proposed and Promulgated Rules
Subpart YYYY - National Emission Standards for Stationary Combustion Turbines
Date Citation Action Description File Download
08/18/04
69 FR 51184
Final National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines: Final Rule
04/07/0 69 FR Proposal National Emission Standards for
4 18338 Hazardous Air Pollutants for Stationary Combustion Turbines; EPA is proposing to stay the effectiveness of the combustion turbines NESHAP for new sources in the lean premix gas-fired turbines and diffusion flame gas-fired turbines subcategories, which are the two principal subcategories we are proposing to delist. This action is necessary to avoid wasteful and unwarranted expenditures on installation of emission controls which will not be required if the subcategories are delisted.
04/07/04
69 FR 18327
Proposal National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines; The EPA is proposing to amend the list of categories of sources that was developed pursuant to section 112(c)(1) of the Clean Air Act (CAA) by deleting four subcategories from the Stationary Combustion Turbines source category.
03/05/04
69 FR 10511
Final Rule National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines; Final Rule
1/14/03 68 FR 1887 Proposed Rule
National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines; Proposed Rule
1/3/03 68FR329 Notice Notice of availability of proposed rules and changes to public comment periods: National Emission Standards for Hazardous Air Pollutants: Stationary Combustion Turbines, Surface Coating of Metal Cans, and Primary Magnesium Refining
NOTE: All files are Government Printing Office (GPO) Federal Register files unless otherwise indicated. You can also access full text of the Code of Federal Regulations at GPO e-CFR.
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Technical Information
Technical Support Document/Response to Comments
08/29/03 Combustion Turbine Comments and Responses Document
FACT Sheets
FACT SHEET
FINAL RULE FOR STATIONARY COMBUSTION TURBINES
11/26/02 FACT SHEET
PROPOSED RULE FOR STATIONARY COMBUSTION TURBINES
Inventory and Emissions Databases
Combustion Turbine Emissions Database v.5. (Access 97) 10-15-02
Stationary Combustion Turbine Emissions Database Version 5 Documentation 1-21-02
EPA Inventory Database v.4 - Turbines (Access 97) 11-20-98
EPA Inventory Database Documentation for Refined Database 3-11-99
Inventory Database with Refinements (Access 97) 3-11-99
Combustion Turbine Emissions Database Documentation 3-11-99
Regulatory Impact Analysis
Economic Impact Analysis of the Proposed Stationary Combustion 11/2002
Turbine NESHAP
Economic Impact Analysis of the Final Stationary Combustion Turbine NESHAP 08/29/03
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Regulatory Actions
Final Mercury and Air Toxics Standards (MATS) for Power Plants
EPA Reopens Public Comment Period on Reconsideration of Startup and Shutdown Provisions June 25, 2013 – EPA is reopening, for 60 days, the public comment period on the startup and shutdown provisions included in the November 2012 proposed updates to pollution limits for new power plants under Mercury and Air Toxics Standards. Interested groups will have the opportunity to review new information provided during the original public comment period and subsequent EPA analysis of that information.
Federal Register Notice (PDF) (5pp, 211k) - Federal Register - June 25, 2013 Technical Support Document (PDF) (19pp, 743k)
EPA Updates the Mercury and Air Toxics Standards for New Power PlantsMarch 28, 2013 - The Environmental Protection Agency (EPA) updated emission limits for new power plants under the Mercury and Air Toxics Standards (MATS). The updates only apply to future power plants; do not change the types of state-of-the-art pollution controls that they are expected to install; and will not significantly change costs or public health benefits of the rule.
Final Rule (PDF) (22pp, 420k) - Federal Register - April 24, 2013 Fact Sheet (PDF) (2pp, 71k)
EPA extends public comment period on proposed MATS reconsideration; no public hearing requestedDecember 12, 2012 - EPA has extended the comment period on the MATS reconsideration proposal by one week - until January 7, 2013. The Office of the Federal Register mistakenly published the MATS reconsideration proposal in the "final rules" section of the Nov. 30, 2012, Federal Register, and published a correction notice stating the inaccuracy on Dec. 5, 2012. Also, EPA did not receive any requests to hold a public hearing on this proposal, so no public hearing will be held.
Notice of public comment extension (PDF) (2pp, 199k) - Federal Register - December 12, 2012
Correction notice (PDF) (1pg, 205k) - Federal Rgister - December 5, 2012
EPA Proposes to Update the Mercury and Air Toxics Standards for New Power PlantsNovember 16, 2012 - The Environmental Protection Agency (EPA) proposed to update emission limits for new power plants under the Mercury and Air Toxics Standards (MATS). The updates would only apply to future power plants; would not change the types of state-of-the-art pollution controls that they are expected to install; and would not significantly change costs or public health benefits of the rule. The public will have the opportunity to comment for 30 days after publication in the Federal Register and at a public hearing in Washington DC if one is requested.
Proposed Rule (PDF) (22pp, 383k) - Federal Register - November 30, 2012 Fact Sheet (PDF) (2pp, 77k)
Mercury and Air Toxics Standards (MATS) Reconsideration July 20, 2012 - EPA will review new technical information that is focused on toxic air pollution limits for new power plants under the Mercury and Air Toxics Standards. This reconsideration does not cover the standards set for existing power plants.
EPA Letter to Petitioners (PDF) (3pp, 586k) Notice of Partial Stay (PDF) (2pp, 212k) - Federal Register - August 2, 2012
EPA announces Mercury and Air Toxics Standards (MATS) for power plantsDecember 21, 2011 - The U.S. Environmental Protection Agency (EPA) announced standards to limit mercury, acid gases and other toxic pollution from power plants.
Final Rule (PDF) (210pp, 1.28MB) - Federal Register - February 16, 2012 Fact Sheet: Benefits and Costs of Cleaning up Toxic Air Pollutants (PDF) (3pp,
190k) Fact Sheet: Summary of the Rule (PDF) (6pp, 32k) Fact Sheet: Clean Air and Reliable Electricity (PDF) (6pp, 147k) Fact Sheet: Adjustments from Proposal to Final (PDF) (2pp, 114k) Presentation: Reducing Toxic Pollution from Power Plants (PDF) (21pp, 758k) Press release
Technical Information
Regulatory Impact Analysis (510pp, 8.3MB) Integrated Planning Model (IPM) Analysis Mercury Risk Assessment (PDF) (196pp, 3.7MB) Emissions Overview Memorandum (PDF) (19pp, 2.5MB) Enforcement Response Policy for CAA 113 Example MATS Initial Notification Form (PDF) (6pp, 27k) Example MATS Initial Notification Form (Word) (6pp, 71k) Additional Technical Information
Proposed Mercury and Air Toxics Standards (MATS) for Power Plants
Fossil Fuel Combustion WasteHighlights
Coal Combustion Residuals Coal Combustion Residuals - Proposed Rule NODA 2007/Extension of Comment Period and Docket Legislative and Regulatory History Supporting Technical Documents Related Programs
Fossil fuel combustion (FFC) wastes are the wastes produced from the burning of fossil fuels (i.e., coal, oil, natural gas). This includes all ash, slag, and particulates removed from flue gas. FFC wastes are categorized by EPA as a "special waste" and have been exempted from federal hazardous waste regulations under Subtitle C of the Resource Conservation and Recovery Act (RCRA). In addressing the regulatory status of FFC wastes, EPA divided the wastes into two categories:
Large-volume coal combustion wastes generated at electric utility and independent power producing facilities that are managed separately.
All remaining FFC wastes, including: o Large-volume coal combustion waste generated at electric utility and
independent power producing facilities that are co-managed with certain other coal combustion wastes (referred to as "comanaged wastes").
o Coal combustion wastes generated at non-utilities. o Coal combustion wastes generated at facilities with fluidized bed
combustion technology. o Petroleum coke combustion wastes. o Waste from the combustion of mixtures of coal and other fuels. o Waste from the combustion of oil. o Waste from the combustion of natural gas.
In two separate regulatory determinations, EPA determined that neither large-volume wastes, nor the remaining FFC wastes, warrant regulation as a hazardous waste under Subtitle C of RCRA and therefore remain excluded under 40 CFR §261.4(b)(4). EPA did determine, however, that coal combustion wastes (CCWs) that are disposed in landfills and surface impoundments should be regulated under Subtitle D of RCRA (i.e., the solid waste regulations), whereas CCW used to fill surface or underground mines (minefill) should be regulated under authority of Subtitle D of RCRA,
the Surface Mining Control and Reclamation Act (SMCRA), or a combination of these authorities.
This page provides an outline of the legislative and regulatory history and current status of the FFC waste exemption. Links to key regulatory and technical documents are also provided.
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Supporting Technical Documents
You will need Adobe Reader to view some of the files on this page. See EPA's PDF page to learn more.
General
See also Legislative History.
Supporting Materials: March 1999 Report to Congress - Wastes from the Combustion of Fossils Fuels
Minefill
EPA Minefill Regulatory Concerns, Draft - August 14, 2003 (PDF) (11 pp, 70K)This document provides EPA's issues of regulatory concerns along with the pertinent RCRA citations and SMCRA approach.
Regulation and Policy Concerning Mine Placement of CCW in Selected States, Final Draft - December 2002 (PDF) (164 pp, 525K)This report reviews and summarizes current state regulations and policy concerning the placement of coal combustion wastes (CCW) in surface and underground mines.
Mine Placement of CCW: State Program Elements Analysis, Final Draft - December 2002 (PDF) (23 pp, 278K)This document summarizes (in tables) elements of state regulatory programs applicable to the placement of coal combustion waste (CCW) in surface or underground mines. This document does not comment on the adequacy of individual state programs.
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Related Programs
US Office of Surface Mining Reclamation and Enforcement CCB Information Network The goal of the CCB Information Network is to provide access to scientific and technical literature, researchers, and resources related to coal combustion by-products and coal mining.
