tons of ash and 27 million gallons (100,000 cubic meters) of contaminated water spilled into the Dan River near Eden, NC from a closed North Carolina coal-fired power plant that is owned by Duke Energy. It is currently the third worst coal ash spill ever to happen in the United States. The U.S. Environmental Protection Agency (EPA) published a Coal Combustion Residuals (CCR) regulation in 2015. The agency continued to classify coal ash as non-hazardous (thereby avoiding strict permitting requirements under Subtitle C of the Resource Conservation and Recovery Act (RCRA), but with new restrictions: Existing ash ponds that are contaminating groundwater must stop receiving CCR, and close or retrofit with a liner. Existing ash ponds and landfills must comply with structural and location restrictions, where applicable, or close. A pond no longer receiving CCR is still subject to all regulations unless it is dewatered and covered by 2018. New ponds and landfills must include a geomembrane liner over a layer of compacted soil. The regulation was designed to prevent pond failures and protect groundwater. Enhanced inspection, record keeping and monitoring is required. Procedures for closure are also included and include capping, liners, and dewatering. The CCR regulation has since been subject to litigation. Contaminants Fly ash contains trace concentrations of heavy metals and other substances that are known to be detrimental to health in sufficient quantities. Potentially toxic trace elements in coal include arsenic, beryllium, cadmium, barium, chromium, copper, lead, mercury, molybdenum, nickel, radium, selenium, thorium, uranium, vanadium, and zinc. Approximately 10% of the mass of coals burned in the United States consists of unburnable mineral material that becomes ash, so the concentration of most trace elements in coal ash is approximately 10 times the concentration in the original coal. A 1997 analysis by the United States Geological Survey (USGS) found that fly ash typically contained 10 to 30 ppm of uranium, comparable to the levels found in some granitic rocks, phosphate rock, and black shale. In 1980 the U.S. Congress defined coal ash as a "special waste" that would not be regulated under the stringent hazardous waste permitting requirements of RCRA. In its amendments to RCRA, Congress directed EPA to study the special waste issue and make a determination as to whether stricter permit regulation was necessary. In 2000, EPA stated that coal fly ash did not need to be regulated as a hazardous waste. As a result,