The Georgia Department of Environmental Protection (“EPD”) released a draft “Coal Combustion Residuals” rule on May 12, 2016 (“draft State CCR Rule”). EPD solicited comments on the draft rule until May 24, 2016. The draft State CCR Rule builds on the federal Coal Combustion Residuals Rule (“federal CCR Rule”), which was released by the U.S. Environmental Protection Agency (“EPA”) last spring.
In short, the draft State CCR Rule regulates more units than the federal rule, requires owners and operators of municipal solid waste landfills to develop CCR management plans, and establishes a new permitting program for CCR units at electric utilities in the state. EPD will likely release the official proposed version of the State CCR Rule for notice and comment this June. Comments will likely be due thirty days after the proposed rule is released. A copy of the draft version of the State CCR Rule is available here.