Current through Bulletin 2024-06, March 15, 2024
(a) Closure of a
CCR landfill, CCR surface impoundment, or any lateral expansion of a CCR unit
shall 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 Subsections R315-319-102(b) through (j). Retrofit of a CCR
surface impoundment shall be completed in accordance with the requirements in
Subsection R315-319-102(k).
(b)
Written closure plan
(1) Content of the plan.
The owner or operator of a CCR unit shall 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 shall include, at a
minimum, the information specified in Subsections R315-319-102(b)(1)(i) through
(vi).
(i) A narrative description of how the
CCR unit will be closed in accordance with Section R315-319-102.
(ii) 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
Subsection R315-319-102(c).
(iii)
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 Subsection
R315-319-102(d), and the methods and procedures to be used to install the final
cover. The closure plan shall also discuss how the final cover system will
achieve the performance standards specified in Subsection
R315-319-102(d).
(iv) An estimate
of the maximum inventory of CCR ever on-site over the active life of the CCR
unit.
(v) An estimate of the
largest area of the CCR unit ever requiring a final cover as required by
Subsection R315-319-102(d) at any time during the CCR unit's active
life.
(vi) A schedule for
completing all activities necessary to satisfy the closure criteria in Section
R315-319-102, 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 Subsection
R315-319-102(f)(1), the written closure plan shall include the site-specific
information, factors and considerations that would support any time extension
sought under Subsection R315-319-102(f)(2).
(2) Timeframes for preparing the initial
written closure plan
(i) Existing CCR
landfills and existing CCR surface impoundments. No later than October 17,
2016, the owner or operator of the CCR unit shall prepare an initial written
closure plan consistent with the requirements specified in Subsection
R315-319-102(b)(1).
(ii) 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 shall prepare an initial written closure plan consistent with
the requirements specified in Subsection R315-319-102(b)(1).
(iii) The owner or operator has completed the
written closure plan when the plan, including the certification required by
Subsection R315-319-102(b)(4), has been placed in the facility's operating
record as required by Subsection R315-319-105(i)(4).
(3) Amendment of a written closure plan.
(i) The owner or operator may amend the
initial or any subsequent written closure plan developed pursuant to Subsection
R315-319-102(b)(1) at any time.
(ii) The owner or operator shall amend the
written closure plan whenever:
(A) There is a
change in the operation of the CCR unit that would substantially affect the
written closure plan in effect; or
(B) Before or after closure activities have
commenced, unanticipated events necessitate a revision of the written closure
plan.
(iii) The owner or
operator shall 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 shall amend the current
closure plan no later than 30 days following the triggering event.
(4) The owner or operator of the
CCR unit shall obtain a written certification from a qualified professional
engineer that the initial and any amendment of the written closure plan meets
the requirements of Section R315-319-102.
(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 Subsection R315-319-95(h) for constituents
listed in appendix IV to Rule R315-319.
(d) Closure performance standard when leaving
CCR in place
(1) The owner or operator of a
CCR unit shall ensure that, at a minimum, the CCR unit is closed in a manner
that will:
(i) 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;
(ii) Preclude the probability of future
impoundment of water, sediment, or slurry;
(iii) 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;
(iv) Minimize the need for further
maintenance of the CCR unit; and
(v) 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 shall
meet the requirements of Subsections R315-319-102(d)(2)(i) and (ii) prior to
installing the final cover system required under Subsection R315-319-102(d)(3).
(i) Free liquids shall be eliminated by
removing liquid wastes or solidifying the remaining wastes and waste
residues.
(ii) Remaining wastes
shall 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 shall install a
final cover system that is designed to minimize infiltration and erosion, and
at a minimum, meets the requirements of Subsection R315-319-102(d)(3)(i), or
the requirements of the alternative final cover system specified in Subsection
R315-319-102(d)(3)(ii).
(i) The final cover
system shall be designed and constructed to meet the criteria in Subsections
R315-319-102(d)(3)(i)(A) through (D). The design of the final cover system
shall be included in the written closure plan required by Subsection
R315-319-102(b).
(A) The permeability of the
final cover system shall be less than or equal to the permeability of any
bottom liner system or natural subsoils present, or a permeability no greater
than 1 x 10-5 cm/sec, whichever is less.
(B) The infiltration of liquids through the
closed CCR unit shall be minimized by the use of an infiltration layer that
contains a minimum of 18 inches of earthen material.
(C) The erosion of the final cover system
shall 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.
(D) The disruption of the
integrity of the final cover system shall be minimized through a design that
accommodates settling and subsidence.
(ii) 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 Subsections
R315-319-102(f)(3)(ii)(A) through (D). The design of the final cover system
shall be included in the written closure plan required by Subsection
R315-319-102(b).
(A) The design of the final
cover system shall include an infiltration layer that achieves an equivalent
reduction in infiltration as the infiltration layer specified in Subsections
R315-319-102(d)(3)(i)(A) and (B).
(B) The design of the final cover system
shall include an erosion layer that provides equivalent protection from wind or
water erosion as the erosion layer specified in Subsection
R315-319-102(d)(3)(i)(C).
(C) The
disruption of the integrity of the final cover system shall be minimized
through a design that accommodates settling and subsidence.
(iii) The owner or operator of the
CCR unit shall obtain a written certification from a qualified professional
engineer that the design of the final cover system meets the requirements of
Section R315-319-102.
(e) Initiation of closure activities. Except
as provided for in Subsection R315-319-102(e)(4) and Section R315-319-103, the
owner or operator of a CCR unit shall commence closure of the CCR unit no later
than the applicable timeframes specified in either Subsection
R315-319-102(e)(1) or (2).
(1) The owner or
operator shall commence closure of the CCR unit no later than 30 days after the
date on which the CCR unit either:
(i)
Receives the known final receipt of waste, either CCR or any non-CCR waste
stream; or
(ii) Removes the known
final volume of CCR from the CCR unit for the purpose of beneficial use of
CCR.
(2)
(i) Except as provided by Subsection
R315-319-102(e)(2)(ii), the owner or operator shall 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.
(ii)
Notwithstanding Subsection R315-319-102(e)(2)(i), 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 shall be supported by, at a minimum, the
information specified in Subsections R315-319-102(e)(2)(ii)(A) and (B). 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 shall
place each completed demonstration, if more than one time extension is sought,
in the facility's operating record as required by Subsection R315-319-105(i)(5)
prior to the end of any two-year period.
(A)
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
(B) 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 shall
include a best estimate as to when the CCR unit will resume receiving CCR or
non-CCR waste streams. The situations listed in Subsections
R315-319-102(e)(2)(ii)(B)(1) through (4) 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.
(1)
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.
(2) 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.
(3) 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.
(4) 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.
(iii)
In order to obtain additional time extension(s) to initiate closure of a CCR
unit beyond the two years provided by Subsection R315-319-102(e)(2)(i), the
owner or operator of the CCR unit shall include with the demonstration required
by Subsection R315-319-102(e)(2)(ii) 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) For purposes of Sections R315-319-50
through 107, 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:
(i) Taken any steps necessary to implement
the written closure plan required by Subsection R315-319-102(b);
(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 closure of a CCR
unit.
(4) The timeframes
specified in Subsections R315-319-102(e)(1) and (2) do not apply to any of the
following owners or operators:
(i) An owner or
operator of an inactive CCR surface impoundment closing the CCR unit as
required by Subsection R315-319-100(b);
(ii) An owner or operator of an existing
unlined CCR surface impoundment closing the CCR unit as required by Subsection
R315-319-101(a);
(iii) An owner or
operator of an existing CCR surface impoundment closing the CCR unit as
required by Subsection R315-319-101(b);
(iv) An owner or operator of a new CCR
surface impoundment closing the CCR unit as required by Subsection
R315-319-101(c); or
(v) An owner or
operator of an existing CCR landfill closing the CCR unit as required by
Subsection R315-319-101(d).
(f) Completion of closure activities.
(1) Except as provided for in Subsection
R315-319-102(f)(2), the owner or operator shall complete closure of the CCR
unit:
(i) For existing and new CCR landfills
and any lateral expansion of a CCR landfill, within six months of commencing
closure activities.
(ii) For
existing and new CCR surface impoundments and any lateral expansion of a CCR
surface impoundment, within five years of commencing closure
activities.
(2)
(i) Extensions of closure timeframes. The
timeframes for completing closure of a CCR unit specified under Subsection
R315-319-102(f)(1) 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 Subsection R315-319-102(b)(1), the
demonstration shall include a narrative discussion providing the basis for
additional time beyond that specified in the closure plan. The owner or
operator shall place each completed demonstration, if more than one time
extension is sought, in the facility's operating record as required by
Subsection R315-319-105(i)(6) prior to the end of any two-year period. Factors
that may support such a demonstration include:
(A) Complications stemming from the climate
and weather, such as unusual amounts of precipitation or a significantly
shortened construction season;
(B)
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;
(C) The geology and terrain
surrounding the CCR unit will affect the amount of material needed to close the
CCR unit; or
(D) Time required or
delays caused by the need to coordinate with and obtain necessary approvals and
permits from a state or other agency.
(ii) Maximum time extensions.
(A) CCR surface impoundments of 40 acres or
smaller may extend the time to complete closure by no longer than two
years.
(B) 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 shall 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.
(C) 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 shall 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.
(iii) In order
to obtain additional time extension(s) to complete closure of a CCR unit beyond
the times provided by Subsection R315-319-102(f)(1), the owner or operator of
the CCR unit shall include with the demonstration required by Subsection
R315-319-102(f)(2)(i) 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) Upon completion, the owner or operator of
the CCR unit shall obtain a certification from a qualified professional
engineer verifying that closure has been completed in accordance with the
closure plan specified in Subsection R315-319-102(b) and the requirements of
Section R315-319-102.
(g) No later than the date the owner or
operator initiates closure of a CCR unit, the owner or operator shall prepare a
notification of intent to close a CCR unit. The notification shall include the
certification by a qualified professional engineer for the design of the final
cover system as required by Subsection R315-319-102(d)(3)(iii), if applicable.
The owner or operator has completed the notification when it has been placed in
the facility's operating record as required by Subsection
R315-319-105(i)(7).
(h) Within 30
days of completion of closure of the CCR unit, the owner or operator shall
prepare a notification of closure of a CCR unit. The notification shall include
the certification by a qualified professional engineer as required by
Subsection R315-319-102(f)(3). The owner or operator has completed the
notification when it has been placed in the facility's operating record as
required by Subsection R315-319-105(i)(8).
(i) Deed notations.
(1) Except as provided by Subsection
R315-319-102(i)(4), following closure of a CCR unit, the owner or operator
shall 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 shall in
perpetuity notify any potential purchaser of the property that:
(i) The land has been used as a CCR unit;
and
(ii) Its use is restricted
under the post-closure care requirements as provided by Subsection
R315-319-104(d)(1)(iii).
(3) Within 30 days of recording a notation on
the deed to the property, the owner or operator shall 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 Subsection R315-319-105(i)(9).
(4) An owner or operator that closes a CCR
unit in accordance with Subsection R315-319-102(c) is not subject to the
requirements of Subsections R315-319-102(i)(1) through (3).
(j) The owner or operator of the
CCR unit shall comply with the closure recordkeeping requirements specified in
Subsection R315-319-105(i), the closure notification requirements specified in
Subsection R315-319-106(i), and the closure Internet requirements specified in
Subsection R315-319-107(i).
(k)
Criteria to retrofit an existing CCR surface impoundment.
(1) To retrofit an existing CCR surface
impoundment, the owner or operator shall:
(i)
First remove all CCR, including any contaminated soils and sediments from the
CCR unit; and
(ii) Comply with the
requirements in Subsection R315-319-72.
(iii) A CCR surface impoundment undergoing a
retrofit remains subject to all other requirements of Sections R315-319-50
through 107, including the requirement to conduct any necessary corrective
action.
(2) Written
retrofit plan
(i) Content of the plan. The
owner or operator shall 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 shall
include, at a minimum, all of the following information:
(A) A narrative description of the specific
measures that will be taken to retrofit the CCR unit in accordance with Section
R315-319-102.
(B) A description of
the procedures to remove all CCR and contaminated soils and sediments from the
CCR unit.
(C) An estimate of the
maximum amount of CCR that will be removed as part of the retrofit
operation.
(D) An estimate of the
largest area of the CCR unit that will be affected by the retrofit
operation.
(E) A schedule for
completing all activities necessary to satisfy the retrofit criteria in Section
R315-319-102, including an estimate of the year in which retrofit activities of
the CCR unit will be completed.
(ii) Timeframes for preparing the initial
written retrofit plan.
(A) No later than 60
days prior to date of initiating retrofit activities, the owner or operator
shall prepare an initial written retrofit plan consistent with the requirements
specified in Subsection R315-319-102(k)(2). For purposes of Sections
R315-319-50 through 107, 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:
(1) Taken
any steps necessary to implement the written retrofit plan; and
(2) Submitted a completed application for a
permit or permit modification.
(B) The owner or operator has completed the
written retrofit plan when the plan, including the certification required by
Subsection R315-319-102(k)(2)(iv), has been placed in the facility's operating
record as required by Subsection R315-319-105(j)(1).
(iii) Amendment of a written retrofit plan.
(A) The owner or operator may amend the
initial or any subsequent written retrofit plan at any time.
(B) The owner or operator shall amend the
written retrofit plan whenever:
(1) There is
a change in the operation of the CCR unit that would substantially affect the
written retrofit plan in effect; or
(2) Before or after retrofit activities have
commenced, unanticipated events necessitate a revision of the written retrofit
plan.
(C) The owner or
operator shall 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 shall amend the current
retrofit plan no later than 30 days following the triggering event.
(iv) The owner or operator of the
CCR unit shall 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 Section
R315-319-102.
(3)
Deadline for completion of activities related to the retrofit of a CCR unit.
Any CCR surface impoundment that is being retrofitted shall complete all
retrofit activities within the same time frames and procedures specified for
the closure of a CCR surface impoundment in Subsection R315-319-102(f) or,
where applicable, Subsection R315-319-103.
(4) Upon completion, the owner or operator
shall obtain a certification from a qualified professional engineer verifying
that the retrofit activities have been completed in accordance with the
retrofit plan specified in Subsection R315-319-102(k)(2) and the requirements
of Section R315-319-102.
(5) No
later than the date the owner or operator initiates the retrofit of a CCR unit,
the owner or operator shall 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 Subsection
R315-319-105(j)(5).
(6) Within 30
days of completing the retrofit activities specified in Subsection
R315-319-102(k)(1), the owner or operator shall prepare a notification of
completion of retrofit activities. The notification shall include the
certification by a qualified professional engineer as required by Subsection
R315-319-102(k)(4). The owner or operator has completed the notification when
it has been placed in the facility's operating record as required by Subsection
R315-319-105(j)(6).
(7) 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 Subsection R315-319-102.
(8) The owner or operator of the CCR unit
shall comply with the retrofit recordkeeping requirements specified in
Subsection R315-319-105(j), the retrofit notification requirements specified in
Subsection R315-319-106(j), and the retrofit Internet requirements specified in
Subsection R315-319-107(j).