Analysis - The Institute for Southern Studies

4. Dust control requirements: (landfills only)
Of the 34 state regulations reviewed, 16 states require immediate compliance with dust control requirements (wetting and truck covers
and/or compaction) for landfills: CO, GA (compaction only), IA, IN, KS, MI, MN (includes compaction), ND (includes compaction), NY,
OH, PA, SC, TN, UT, VA, WA. Nine states require dust controls only at newly constructed landfills: FL, IL (includes compaction), LA,
MO, NM, OK, WI, WV, WY (includes compaction).
5. Run-on/run-off control requirements: (landfills only)
Of the 34 state regulations reviewed, 18 states require immediate compliance with run-on/run-off control requirements for landfills: AL, CO,
GA, IA, IN, KS, MD, MN, MT, NC, NY, OH, PA, SC, TN, UT, VA, WA. 11 states require run-on/run-off only at newly constructed
landfills: FL, IL, LA, MS, MO, NV, OK, TX, WI, WV, WY.
6. Financial assurance for CCR disposal unit closure & post-closure care
Impoundments:
Of the 34 state regulations reviewed, 11 states require immediate compliance with financial assurance requirements for surface
impoundments: AZ, KY, LA, MN, MO, ND, NM, NV, OK, TN, and UT. Four states require financial assurance requirements only at
newly constructed surface impoundments: CO, MI, NC, WI.
Landfills:
Of the 34 state regulations reviewed, 22 states require immediate compliance with financial assurance requirements for landfills: CO,
FL (new construction), GA, IA, IN, KS, KY, MI, MN, MO, MT, NC, ND, NY, OH, SC, TN, UT, TX, VA, WA, WY. Eight states
require financial assurance requirements only at newly constructed landfills: FL, IL, LA, MS, NV, OK, WI, WV.
7. Disposal Unit Location Restrictions (6 categories)
State regulations for the top-25 coal usage states (for electricity) were reviewed back in year 2000 for any location restrictions. These
regulations were not updated as part of this RIA. The following is a synopsis of state government location restrictions on locating CCR
surface impoundments and landfills, according to six categories of location restrictions (water table, floodplains, wetlands, fault areas,
seismic zones, unstable karst terrain).
7-1: Below the natural water table:
o Of the 25 state regulations reviewed, five states have location restrictions below the natural water table for surface impoundments:
NC (4 feet above seasonal water table), ND (within aquifer), OK (if less than 15 feet above ground-water table), WV (5 feet above
ground-water table), WY.
o Of the 25 state regulations reviewed, eight states have location restrictions below the natural water table for landfills: FL, IA (5 feet
above ground water), MI (4 feet above ground water), MN (5 feet above ground water), NC (4 feet above seasonal water table), ND
(within aquifer), OH (5 feet above water table for wastes with higher leachate concentrations), TN (if less than 5 feet above water
table).
7-2: Floodplains:
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