Current through Vol. 41, No. 13, March 15, 2024
(a)
Closure of CCR unit; retrofit of
CCR surface impoundment. Closure of a CCR landfill, CCR surface
impoundment, or any lateral expansion of a CCR unit must be completed either by
leaving the CCR in place and installing a final cover system or through removal
of the CCR and decontamination of the CCR unit, as described in paragraphs (b)
through (j) of this Section. Retrofit of a CCR surface impoundment must be
completed in accordance with the requirements in paragraph (k) of this
Section.
(b)
Written closure
plan.
(1)
Content of the
plan. The owner or operator of a CCR unit must prepare a written closure
plan that describes the steps necessary to close the CCR unit at any point
during the active life of the CCR unit consistent with recognized and generally
accepted good engineering practices. The written closure plan must include, at
a minimum, the information specified in paragraphs (b)(1)(A) through (F)of this
Section.
(A) A narrative description of how
the CCR unit will be closed in accordance with this Section.
(B) If closure of the CCR unit will be
accomplished through removal of CCR from the CCR unit, a description of the
procedures to remove the CCR and decontaminate the CCR unit in accordance with
paragraph (c) of this Section.
(C)
If closure of the CCR unit will be accomplished by leaving CCR in place, a
description of the final cover system, designed in accordance with paragraph
(d) of this Section, and the methods and procedures to be used to install the
final cover. The closure plan must also discuss how the final cover system will
achieve the performance standards specified in paragraph (d) of this Section.
(D) An estimate of the maximum
inventory of CCR ever on-site over the active life of the CCR unit.
(E) An estimate of the largest area of the
CCR unit ever requiring a final cover as required by paragraph (d) of this
Section at any time during the CCR unit's active life.
(F) A schedule for completing all activities
necessary to satisfy the closure criteria in this Section, including an
estimate of the year in which all closure activities for the CCR unit will be
completed. The schedule should provide sufficient information to describe the
sequential steps that will be taken to close the CCR unit, including
identification of major milestones such as coordinating with and obtaining
necessary approvals and permits from other agencies, the dewatering and
stabilization phases of CCR surface impoundment closure, or installation of the
final cover system, and the estimated timeframes to complete each step or phase
of CCR unit closure. When preparing the written closure plan, if the owner or
operator of a CCR unit estimates that the time required to complete closure
will exceed the timeframes specified in paragraph (f)(1) of this Section, the
written closure plan must include the site-specific information, factors and
considerations that would support any time extension sought under paragraph
(f)(2) of this Section.
(2)
Timeframes for preparing the
initial written closure plan.
(A)
Existing CCR landfills and existing CCR surface impoundments. No later than
October 17, 2016, the owner or operator of the CCR unit must prepare an initial
written closure plan consistent with the requirements specified in paragraph
(b)(1) of this Section.
(B) New CCR
landfills and new CCR surface impoundments, and any lateral expansion of a CCR
unit. No later than the date of the initial receipt of CCR in the CCR unit, the
owner or operator must prepare an initial written closure plan consistent with
the requirements specified in paragraph (b)(1) of this Section.
(C) The owner or operator has completed the
written closure plan when the plan, including the certification required by
paragraph (b)(4) of this Section, has been placed in the facility's operating
record as required by OAC
252:517-19-1(i)(4).
(3)
Amendment of a written closure
plan.
(A) The owner or operator may
amend the initial or any subsequent written closure plan developed pursuant to
paragraph (b)(1) of this Section at any time.
(B) The owner or operator must amend the
written closure plan whenever:
(i) There is a
change in the operation of the CCR unit that would substantially affect the
written closure plan in effect; or
(ii) Before or after closure activities have
commenced, unanticipated events necessitate a revision of the written closure
plan;
(C) The owner or
operator must amend the closure plan at least 60 days prior to a planned change
in the operation of the facility or CCR unit, or no later than 60 days after an
unanticipated event requires the need to revise an existing written closure
plan. If a written closure plan is revised after closure activities have
commenced for a CCR unit, the owner or operator must amend the current closure
plan no later than 30 days following the triggering event.
(4)
PE certification. The owner
or operator of the CCR unit must obtain a written certification from a
qualified professional engineer that the initial and any amendment of the
written closure plan meets the requirements of this Section.
(5)
DEQ approval required. The
owner or operator of the CCR unit must submit the initial closure plan and any
amendment of the closure plan to the DEQ for approval.
(c)
Closure by removal of CCR.
An owner or operator may elect to close a CCR unit by removing and
decontaminating all areas affected by releases from the CCR unit. CCR removal
and decontamination of the CCR unit are complete when constituent
concentrations throughout the CCR unit and any areas affected by releases from
the CCR unit have been removed and groundwater monitoring concentrations do not
exceed the groundwater protection standard established pursuant to OAC
252:517-9-6(h)
for constituents listed in Appendix B to this Chapter.
(d)
Closure performance standard when
leaving CCR in place.
(1)
Closure standards. The owner or operator of a CCR unit must ensure
that, at a minimum, the CCR unit is closed in a manner that will:
(A) Control, minimize or eliminate, to the
maximum extent feasible, post-closure infiltration of liquids into the waste
and releases of CCR, leachate, or contaminated run-off to the ground or surface
waters or to the atmosphere;
(B)
Preclude the probability of future impoundment of water, sediment, or
slurry;
(C) Include measures that
provide for major slope stability to prevent the sloughing or movement of the
final cover system during the closure and post-closure care period;
(D) Minimize the need for further maintenance
of the CCR unit; and
(E) Be
completed in the shortest amount of time consistent with recognized and
generally accepted good engineering practices.
(2)
Drainage and stabilization of CCR
surface impoundments. The owner or operator of a CCR surface impoundment
or any lateral expansion of a CCR surface impoundment must meet the
requirements of paragraphs (d)(2)(A) and (B) of this Section prior to
installing the final cover system required under paragraph (d)(3) of this
Section.
(A) Free liquids must be eliminated
by removing liquid wastes or solidifying the remaining wastes and waste
residues.
(B) Remaining wastes must
be stabilized sufficient to support the final cover system.
(3)
Final cover
system. If a CCR unit is closed by leaving CCR in place, the owner or
operator must install a final cover system that is designed to minimize
infiltration and erosion, and at a minimum, meets the requirements of paragraph
(d)(3)(A) of this Section, or the requirements of the alternative final cover
system specified in paragraph (d)(3)(B) of this Section.
(A) The final cover system must be designed
and constructed to meet the criteria in paragraphs (d)(3)(A)(i) through (iv) of
this Section. The design of the final cover system must be included in the
written closure plan required by paragraph (b) of this Section.
(i) The permeability of the final cover
system must be less than or equal to the permeability of any bottom liner
system or natural subsoils present, or a permeability no greater than 1x 10
-5 cm/sec, whichever is less.
(ii) The infiltration of liquids through the
closed CCR unit must be minimized by the use of an infiltration layer that
contains a minimum of 18 inches of earthen material.
(iii) The erosion of the final cover system
must be minimized by the use of an erosion layer that contains a minimum of six
inches of earthen material that is capable of sustaining native plant
growth.
(iv) The disruption of the
integrity of the final cover system must be minimized through a design that
accommodates settling and subsidence.
(B) The owner or operator may select an
alternative final cover system design, provided the alternative final cover
system is designed and constructed to meet the criteria in paragraphs
(d)(3)(B)(i) through (iii) of this Section. The design of the final cover
system must be included in the written closure plan required by paragraph (b)
of this Section.
(i) The design of the final
cover system must include an infiltration layer that achieves an equivalent
reduction in infiltration as the infiltration layer specified in paragraphs
(d)(3)(A)(i) and (ii) of this Section.
(ii) The design of the final cover system
must include an erosion layer that provides equivalent protection from wind or
water erosion as the erosion layer specified in paragraph (d)(3)(A)(iii) of
this Section.
(iii) The disruption
of the integrity of the final cover system must be minimized through a design
that accommodates settling and subsidence.
(C) The owner or operator of the CCR unit
must obtain a written certification from a qualified professional engineer that
the design of the final cover system meets the requirements of this
Section.
(e)
Initiation of closure activities. Except as provided for in
paragraph (e)(4) of this Section and OAC
252:517-15-8,
the owner or operator of a CCR unit must commence closure of the CCR unit no
later than the applicable timeframes specified in either paragraph (e)(1) or
(2) of this Section.
(1)
Commencing
closure. The owner or operator must commence closure of the CCR unit no
later than 30 days after the date on which the CCR unit either:
(A) Receives the known final receipt of
waste, either CCR or any non-CCR waste stream; or
(B) Removes the known final volume of CCR
from the CCR unit for the purpose of beneficial use of CCR.
(2)
Conditions.
(A) Except as provided by paragraph (e)(2)(B)
of this Section, the owner or operator must commence closure of a CCR unit that
has not received CCR or any non-CCR waste stream or is no longer removing CCR
for the purpose of beneficial use within two years of the last receipt of waste
or within two years of the last removal of CCR material for the purpose of
beneficial use.
(B) Notwithstanding
paragraph (e)(2)(A) of this Section, the owner or operator of the CCR unit may
secure an additional two years to initiate closure of the idle unit provided
the owner or operator provides written documentation that the CCR unit will
continue to accept wastes or will start removing CCR for the purpose of
beneficial use. The documentation must be supported by, at a minimum, the
information specified in paragraphs (e)(2)(B)(i) and (ii) of this Section. The
owner or operator may obtain two-year extensions provided the owner or operator
continues to be able to demonstrate that there is reasonable likelihood that
the CCR unit will accept wastes in the foreseeable future or will remove CCR
from the unit for the purpose of beneficial use. The owner or operator must
place each completed demonstration, if more than one time extension is sought,
in the facility's operating record as required by OAC
252:517-19-1(i)(5)
prior to the end of any two-year period.
(i)
Information documenting that the CCR unit has remaining storage or disposal
capacity or that the CCR unit can have CCR removed for the purpose of
beneficial use; and
(ii)
Information demonstrating that that there is a reasonable likelihood that the
CCR unit will resume receiving CCR or non-CCR waste streams in the foreseeable
future or that CCR can be removed for the purpose of beneficial use. The
narrative must include a best estimate as to when the CCR unit will resume
receiving CCR or non-CCR waste streams. The situations listed in paragraphs
(e)(2)(B)(ii)(I) through (IV) of this Section are examples of situations that
would support a determination that the CCR unit will resume receiving CCR or
non-CCR waste streams in the foreseeable future.
(I) Normal plant operations include periods
during which the CCR unit does not receive CCR or non-CCR waste streams, such
as the alternating use of two or more CCR units whereby at any point in time
one CCR unit is receiving CCR while CCR is being removed from a second CCR unit
after its dewatering.
(II) The CCR
unit is dedicated to a coal-fired boiler unit that is temporarily idled (e.g.,
CCR is not being generated) and there is a reasonable likelihood that the
coal-fired boiler will resume operations in the future.
(III) The CCR unit is dedicated to an
operating coal-fired boiler (i.e., CCR is being generated); however, no CCR are
being placed in the CCR unit because the CCR are being entirely diverted to
beneficial uses, but there is a reasonable likelihood that the CCR unit will
again be used in the foreseeable future.
(IV) The CCR unit currently receives only
non-CCR waste streams and those non-CCR waste streams are not generated for an
extended period of time, but there is a reasonable likelihood that the CCR unit
will again receive non-CCR waste streams in the future.
(C) In order to obtain additional
time extension(s) to initiate closure of a CCR unit beyond the two years
provided by paragraph (e)(2)(A) of this Section, the owner or operator of the
CCR unit must include with the demonstration required by paragraph (e)(2)(B) of
this Section the following statement signed by the owner or operator or an
authorized representative: I certify under penalty of law that I have
personally examined and am familiar with the information submitted in this
demonstration and all attached documents, and that, based on my inquiry of
those individuals immediately responsible for obtaining the information, I
believe that the submitted information is true, accurate, and complete. I am
aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment.
(3)
Commencement activities. For
purposes of this Chapter, closure of the CCR unit has commenced if the owner or
operator has ceased placing waste and completes any of the following actions or
activities:
(A) Taken any steps necessary to
implement the written closure plan required by paragraph (b) of this Section;
or
(B) Taken any steps necessary to
comply with any standards that are a prerequisite, or are otherwise applicable,
to initiating or completing the closure of a CCR unit.
(4)
Timeline exceptions. The
timeframes specified in paragraphs (e)(1) and (2) of this Section do not apply
to any of the following owners or operators:
(A) An owner or operator of an existing
unlined CCR surface impoundment closing the CCR unit as required by OAC
252:517-15-6(a);
(B) An owner or operator of an existing CCR
surface impoundment closing the CCR unit as required by OAC
252:517-15-6(b);
(C) An owner or operator of a new CCR surface
impoundment closing the CCR unit as required by OAC
252:517-15-6(c);
or
(D) An owner or operator of an
existing CCR landfill closing the CCR unit as required by OAC
252:517-15-6(d).
(f)
Completion of closure
activities.
(1)
Closure
timeframes. Except as provided for in paragraph (f)(2) of this Section,
the owner or operator must complete closure of the CCR unit:
(A) For existing and new CCR landfills and
any lateral expansion of a CCR landfill, within six months of commencing
closure activities.
(B) For
existing and new CCR surface impoundments and any lateral expansion of a CCR
surface impoundment, within five years of commencing closure
activities.
(2)
Extensions of closure timeframes.
(A)
Applicability. The
timeframes for completing closure of a CCR unit specified under paragraphs
(f)(1) of this Section may be extended if the owner or operator can demonstrate
that it was not feasible to complete closure of the CCR unit within the
required timeframes due to factors beyond the facility's control. If the owner
or operator is seeking a time extension beyond the time specified in the
written closure plan as required by paragraph (b)(1) of this Section, the
demonstration must include a narrative discussion providing the basis for
additional time beyond that specified in the closure plan. The owner or
operator must place each completed demonstration, if more than one time
extension is sought, in the facility's operating record as required by OAC
252:517-19-1(i)(6)
prior to the end of any two-year period. Factors that may support such a
demonstration include:
(i) Complications
stemming from the climate and weather, such as unusual amounts of precipitation
or a significantly shortened construction season;
(ii) Time required to dewater a surface
impoundment due to the volume of CCR contained in the CCR unit or the
characteristics of the CCR in the unit;
(iii) The geology and terrain surrounding the
CCR unit will affect the amount of material needed to close the CCR unit;
or
(iv) Time required or delays
caused by the need to coordinate with and obtain necessary approvals and
permits from a state or other agency.
(B)
Maximum time extensions.
(i) CCR surface impoundments of 40 acres or
smaller may extend the time to complete closure by no longer than two years.
(ii) CCR surface impoundments
larger than 40 acres may extend the timeframe to complete closure of the CCR
unit multiple times, in two-year increments. For each two-year extension
sought, the owner or operator must substantiate the factual circumstances
demonstrating the need for the extension. No more than a total of five two-year
extensions may be obtained for any CCR surface impoundment.
(iii) CCR landfills may extend the timeframe
to complete closure of the CCR unit multiple times, in one-year increments. For
each one-year extension sought, the owner or operator must substantiate the
factual circumstances demonstrating the need for the extension. No more than a
total of two one-year extensions may be obtained for any CCR
landfill.
(C)
Certification statement. In order to obtain additional time
extension(s) to complete closure of a CCR unit beyond the times provided by
paragraph (f)(1) of this Section, the owner or operator of the CCR unit must
include with the demonstration required by paragraph (f)(2)(A) of this Section
the following statement signed by the owner or operator or an authorized
representative: I certify under penalty of law that I have personally examined
and am familiar with the information submitted in this demonstration and all
attached documents, and that, based on my inquiry of those individuals
immediately responsible for obtaining the information, I believe that the
submitted information is true, accurate, and complete. I am aware that there
are significant penalties for submitting false information, including the
possibility of fine and imprisonment.
(3)
PE certification. Upon
completion, the owner or operator of the CCR unit must obtain a certification
from a qualified professional engineer verifying that closure has been
completed in accordance with the closure plan specified in paragraph (b) of
this Section and the requirements of this Section.
(g)
Notification of intent to
close. No later than the date the owner or operator initiates closure of
a CCR unit, the owner or operator must prepare a notification of intent to
close a CCR unit. The notification must include the certification by a
qualified professional engineer for the design of the final cover system as
required by paragraph (d)(3)(C), if applicable. The owner or operator has
completed the notification when it has been placed in the facility's operating
record as required by OAC
252:517-19-1(i)(7).
(h)
Notification of closure.
Within 30 days of completion of closure of the CCR unit, the owner or operator
must prepare a notification of closure of a CCR unit. The notification must
include the certification by a qualified professional engineer as required by
OAC 252:517-15-7(f)(3). The owner or operator has completed the notification
when it has been placed in the facility's operating record as required by OAC
252:517-19-1(i)(8).
(i)
Deed notations.
(1) Except as provided by paragraph (i)(4) of
this Section, following closure of a CCR unit, the owner or operator must
record a notation on the deed to the property, or some other instrument that is
normally examined during title search.
(2) The notation on the deed must in
perpetuity notify any potential purchaser of the property that:
(A) The land has been used as a CCR unit; and
(B) Its use is restricted under
the post-closure care requirements as provided by OAC
252:517-15-9(d)(1)(C).
(3) Within 30 days of recording a notation on
the deed to the property, the owner or operator must prepare a notification
stating that the notation has been recorded. The owner or operator has
completed the notification when it has been placed in the facility's operating
record as required by OAC
252:517-19-1(i)(9).
(4) An owner or operator that closes a CCR
unit in accordance with paragraph (c) of this Section is not subject to the
requirements of paragraphs (i)(1) through (3) of this Section.
(j)
Recordkeeping.
The owner or operator of the CCR unit must comply with the closure
recordkeeping requirements specified in OAC
252:517-19-1(i),
the closure notification requirements specified in OAC
252:517-19-2(h),
and the closure Internet requirements specified in OAC
252:517-19-3(i).
(k)
Criteria to retrofit existing CCR
surface impoundment.
(1)
Retrofit existing CCR surface impoundment. To retrofit an existing
CCR surface impoundment, the owner or operator must:
(A) First remove all CCR, including any
contaminated soils and sediments from the CCR unit; and
(B) Comply with the requirements in OAC
252:517-11-3.
(C) A CCR surface impoundment undergoing a
retrofit remains subject to all other requirements of this Chapter, including
the requirement to conduct any necessary corrective action.
(2)
Written retrofit plan.
(A)
Content of the plan. The
owner or operator must prepare a written retrofit plan that describes the steps
necessary to retrofit the CCR unit consistent with recognized and generally
accepted good engineering practices. The written retrofit plan must include, at
a minimum, all of the following information:
(i) A narrative description of the specific
measures that will be taken to retrofit the CCR unit in accordance with this
Section.
(ii) A description of the
procedures to remove all CCR and contaminated soils and sediments from the CCR
unit.
(iii) An estimate of the
maximum amount of CCR that will be removed as part of the retrofit
operation.
(iv) An estimate of the
largest area of the CCR unit that will be affected by the retrofit
operation.
(v) A schedule for
completing all activities necessary to satisfy the retrofit criteria in this
Section, including an estimate of the year in which retrofit activities of the
CCR unit will be completed.
(B)
Timeframes for preparing the
initial written retrofit plan.
(i) No
later than 60 days prior to date of initiating retrofit activities, the owner
or operator must prepare an initial written retrofit plan consistent with the
requirements specified in paragraph (k)(2) of this Section. For purposes of
this Chapter, initiation of retrofit activities has commenced if the owner or
operator has ceased placing waste in the unit and completes any of the
following actions or activities:
(I) Taken
any steps necessary to implement the written retrofit plan;
(II) Submitted a completed application for
any required state or agency permit or permit modification; or
(III) Taken any steps necessary to comply
with any state or other agency standards that are a prerequisite, or are
otherwise applicable, to initiating or completing the retrofit of a CCR unit.
(ii) The owner or
operator has completed the written retrofit plan when the plan, including the
certification required by paragraph (k)(2)(D) of this Section, has been placed
in the facility's operating record as required by OAC
252:517-19-1(k)
(1).
(C)
Amendment
of a written retrofit plan.
(i) The
owner or operator may amend the initial or any subsequent written retrofit plan
at any time.
(ii) The owner or
operator must amend the written retrofit plan whenever:
(I) There is a change in the operation of the
CCR unit that would substantially affect the written retrofit plan in effect;
or
(II) Before or after retrofit
activities have commenced, unanticipated events necessitate a revision of the
written retrofit plan.
(iii) The owner or operator must amend the
retrofit plan at least 60 days prior to a planned change in the operation of
the facility or CCR unit, or no later than 60 days after an unanticipated event
requires the revision of an existing written retrofit plan. If a written
retrofit plan is revised after retrofit activities have commenced for a CCR
unit, the owner or operator must amend the current retrofit plan no later than
30 days following the triggering event.
(D)
PE certification. The owner
or operator of the CCR unit must obtain a written certification from a
qualified professional engineer that the activities outlined in the written
retrofit plan, including any amendment of the plan, meet the requirements of
this Section.
(E)
DEQ
approval required. The owner or operator of the CCR unit must submit the
written retrofit plan, and any amendment of the plan, to the DEQ for approval.
(3)
Deadline for
completion. Deadline for completion of activities related to the
retrofit of a CCR unit. Any CCR surface impoundment that is being retrofitted
must complete all retrofit activities within the same time frames and
procedures specified for the closure of a CCR surface impoundment in OAC
252:517-15-7(f) or, where applicable, OAC
252:517-15-8.
(4)
PE certification; DEQ approval
required. Upon completion, the owner or operator must obtain a
certification from a qualified professional engineer verifying that the
retrofit activities have been completed in accordance with the retrofit plan
specified in paragraph (k)(2) of this Section and the requirements of this
Section. The certified report shall be submitted to DEQ for approval.
(5)
Notification of
intent. No later than the date the owner or operator initiates the
retrofit of a CCR unit, the owner or operator must prepare a notification of
intent to retrofit a CCR unit. The owner or operator has completed the
notification when it has been placed in the facility's operating record as
required by OAC
252:517-19-1(k)
(5).
(6)
Notification of
completion. Within 30 days of completing the retrofit activities
specified in paragraph (k)(1) of this Section, the owner or operator must
prepare a notification of completion of retrofit activities. The notification
must include the certification by a qualified professional engineer as required
by paragraph (k)(4) of this Section. The owner or operator has completed the
notification when it has been placed in the facility's operating record as
required by OAC
252:517-19-1(k)
(6).
(7)
Retrofit
cessation. At any time after the initiation of a CCR unit retrofit, the
owner or operator may cease the retrofit and initiate closure of the CCR unit
in accordance with the requirements of OAC 252:517-15-7.
(8)
Recordkeeping. The owner or
operator of the CCR unit must comply with the retrofit recordkeeping
requirements specified in OAC
252:517-19-1(k),
the retrofit notification requirements specified in OAC
252:517-19-2(h),
and the retrofit Internet requirements specified in OAC
252:517-19-3(j).