Coal combustion residual landfills
The Wisconsin Department of Natural Resources has regulated Wisconsin landfills accepting coal combustion residuals for many years. The U.S. Environmental Protection Agency first began regulating the disposal of coal ash in 2015 with the establishment of national regulations for CCR under Subtitle D of the Resource Conservation and Recovery Act. This resulted in differing federal and state regulations for CCR landfills in Wisconsin. In 2016, states were allowed to seek approval from EPA for a state CCR permit program. A state permit program approval from the EPA would allow the DNR to regulate CCR landfills under its rules rather than federal and state rules.
Effective Aug. 1, 2022, the DNR incorporated federal CCR landfill requirements into its existing solid waste rules. Affected chapters include chs. NR 500, 504-508, 512-516 and 520, Wis. Adm. Code.
Wisconsin is currently in the process of seeking EPA approval for a state permit program for CCR landfills. The EPA provides background information on federal regulations on its website.
These rules apply to six landfills in Wisconsin at which CCR generated from coal combustion at electric utilities and independent power producers have been disposed of since October 2015.
CCR LANDFILL RESOURCES
CCR landfills wererequired to submit a plan of operation modification for initial permitting by Feb. 1, 2023. This operation modification plan includes the information specified under s. NR 514.045(1), Wis. Adm. Code. The DNR has created the following resources to assist CCR landfill owners and operators in preparing a plan of operation modification for initial permitting.
- CCR Landfill Plan of Operation Modification for Initial Permitting Checklist
- Design and Construction Criteria Completeness Checklist
- Solid Waste Land Disposal Site Affidavit (Form 4400-067)
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DNR created additional resources to assist landfills' compliance with the revised regulations. This includes:
Public participation opportunities for CCR landfill are shared on the Waste and Materials Management Program Announcements and Public Comment Opportunities webpage.