DERR-2025-008857

11/17/2025
PacifiCorp Perspective on Coal & Coal Ash Located Within VCP Areas

• Per RCRA, coal and coal ash are non-hazardous solid wastes (40 CFR 261.4(b)(7)). No federal
(EPA) or state hazardous waste codes exist for coal or coal ash.
• Beneficially used coal ash is regulated under Utah Administrative Code R315-319. Industrial
byproducts (potentially including coal ash and coal) are regulated under Utah Code 19-6, Part 11.
• Coal and/or coal ash solid wastes need to be:
▪ managed as a solid waste (SWPPP/stormwater controls, dust mitigation, etc.).
▪ disposed of as a solid waste, potentially either on-site or off-site.
• Since coal and coal ash are non-hazardous solid wastes, coal and coal ash located within a
Voluntary Cleanup Program (VCP) site do not need to be sampled, analyzed, handled, or disposed
of as if they were a hazardous waste. For example:
▪ Best management practices for coal or coal ash (e.g., stormwater and dust controls) may
be needed. Practices reserved for managing hazardous waste are not required.
▪ If sampling and analysis is required for coal or coal ash that is present in more than minor
amounts, sampling and analysis should be consistent with any requirements established
by an off-site solid waste landfill to profile the coal or coal ash prior to disposal.
▪ The presence of minor coal or coal ash within other uncontaminated soils should not, by
itself, drive the sampling, analysis, management, or off-site disposal of the containing soils.
▪ Excavations from which coal or coal ash have been removed do not need to be left open
while any sampling and analysis of excavated coal or coal ash occurs.
▪ PacifiCorp considers minor amounts of coal mixed with beneficially used coal ash or other
uncontaminated soils to have received appropriate disposal.
▪ On-site re-disposal of coal or coal ash may be situationally appropriate at VCP sites if
acceptable disposal measures are implemented (such as appropriate burial/cover).
• PacifiCorp intends to communicate with DERR regarding the presence of coal and/or coal ash and
its disposal/re-disposal either on-site or off-site (such as at an appropriate landfill).
• Active coal mine reclamation regulations allow residual coal and coal ash to be buried onsite (Utah
Code R645-301-553.250). The State of Utah also approves coal burial at abandoned mine sites.
• Coal is an abundant, naturally occurring rock that is present in central and eastern Utah.
▪ PacifiCorp considers human health risks from coal exposure within some VCP areas to be
comparable to or less than the risks associated with coal exposure in nature or at home.
▪ Coal burial within VCP areas significantly reduces risks from coal exposure compared to
natural or even home exposures (such as when handling coal for coal-burning stoves).