Greenville, South Carolina, May 9, 2024 – Yesterday, the U.S. Environmental Protection Agency (USEPA) published its long-anticipated Legacy Coal Combustion Residuals (CCR) Final Rule in the Code of Federal Regulations (CFR). This Final Rule immediately imposes substantial regulatory requirements on the electric power industry, especially those that use fossil fuel-powered plants. The implication of the Final Rule will be immediately felt and will significantly alter the financial and regulatory landscape for power generation.

The Final Rule entitled, “Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Legacy Surface Impoundments”:

Expands the scope of coal ash management areas regulated under the federal CCR Rule to include:
- Legacy impoundments
- CCR management units (CCRMUs)
- Regulated units (including certain inactive surface impoundments)
Provides alternative closure provisions for units under closure-by-removal, including extending the deadline to complete groundwater remediation
Revises closure-in-place performance standards for CCR units
Provides technical revisions to CCR regulations

One feature of the Final Rule getting significant attention is the requirement to prepare Facility Evaluation Reports to identify CCRMUs at active facilities and facilities with a legacy CCR impoundment. Part 1 of a Facility Evaluation Report, which will include the results of the collection and review of available data and a plan to address data gaps, will be due to the Operating Record 21 months from Rule Publication (May 8, 2024). Part 2, which will require physical facility inspection and needed fieldwork to fill information gaps identified in Part 1, will be due 33 months after Rule publication.

SynTerra has been providing CCR Rule compliance management support and services to the electric power industry since the original 2015 Rule became effective. SynTerra scientists, geologists, and engineers are thoroughly knowledgeable about the CCR Rule and have the technical expertise and diversity to navigate these challenging regulations. Because each CCP site is different, SynTerra partners with clients to provide comprehensive, integrated solutions that meet compliance requirements.

Kathy Webb, P.G.

Senior Market Leader | Principal

Kathy, a founder of SynTerra (previously The Fletcher Group) in 1992, has completed remedial investigations and regulatory compliance projects associated with Resource Conservation and Recovery Act (RCRA) facilities, state and federal Superfund sites, solid waste landfills, brownfield redevelopment, utility coal combustion residual (CCR) management units, and regulated industrial facilities. She has supported litigation as an expert witness related to chlorinated solvents, metals, and polychlorinated biphenyls (PCBs). Kathy is known for her practical assessment strategy with the perspective of the client’s business objectives. She routinely evaluates groundwater corrective action systems for effectiveness and progress toward achieving compliance objectives. She has also co-authored a trade journal paper with case studies of low-impact remedial strategies. Kathy is a licensed Professional Geologist in North and South Carolina.

Mark Taylor, P.G.

Principal

Mark has worked more than 40 years in natural-resource based industries. His expertise includes mine geology and mine engineering, hydrogeologic and geotechnical investigations, solid and hazardous waste management, and regulatory negotiations. He has published peer-reviewed papers about coal geology, ore geochemistry, mineralogy, and solid waste management. He is a leading expert in mining and environmental permitting for litigation support.

Mark is licensed as a Professional Geologist in South Carolina, Alabama, Arkansas, Georgia, Kentucky, Mississippi, North Carolina, and Washington. He serves on the boards of the Upstate Red Cross and Upstate Forever. He served on the South Carolina Board of Registration for Geologists for six years. Mark holds a Master’s degree in Geological Sciences from The University of Michigan and a Bachelor’s degree in Geological Science from Harvard University.

Andrea Kehn, P.E.

Vice President of Engineering | Principal

Andrea, leader of our Civil & Environmental Engineering Business Unit, has 28 years of experience in chemical manufacturing and environmental consulting. She leads and supervises staff professionals on multidisciplinary projects for a variety of industrial clients. Andrea’s vast experience and expertise includes: air quality construction and operating permitting; air quality modeling; air permit record-keeping and reporting; Oil Spill Prevention Control and Countermeasures (SPCC) and Storm Water Pollution Prevention Plans (SWPPP); NPDES Permitting; water quality modeling; process safety management; risk management compliance and auditing; and RCRA compliance.

Andrea is registered as a Professional Engineer in South Carolina. She holds a Bachelor of Science degree in Chemical Engineering from Michigan Technological University.

Ruth Albright, P.E.

Vice President | Principal

Ruth has led projects for major industrial facilities throughout the Southeast and beyond. She built her knowledge of environmental regulations and their application to manufacturing operations while working for the second largest chemical manufacturing company in the United States. At SynTerra, she has expanded both her knowledge and reputation working for chemical manufacturing operations of all sizes. She has also worked extensively with other manufacturing operations, including pulp and paper, industrial equipment, pharmaceuticals, food, and automotive parts and assembly. Her experience includes air and wastewater permit compliance, solid and hazardous waste management, solid waste construction permitting, hazardous materials transportation, wastewater treatment systems, air pollution control equipment operations and maintenance, and ambient air monitoring systems.

Ruth is a professional engineer registered in South Carolina, North Carolina, Georgia, Florida, Virginia, Mississippi, Oklahoma, Michigan, Arkansas, and Kentucky. She is an active member of the South Carolina Chamber of Commerce Environmental Technical Committee and serves as the chair of the water subcommittee. She has previously served as the program and committee chair for the Greater Greenville Chamber of Commerce Environmental Affairs committee. She has a Bachelor’s degree in Chemical Engineering from Clemson University.

USEPA publishes Legacy CCR Final Rule