Current through Bulletin 2024-06, March 15, 2024
The owner or operator of a CCR landfill, CCR surface
impoundment, or any lateral expansion of a CCR unit that is subject to closure
pursuant to Subsection R315-319-101(a), (b)(1), or (d) may continue to receive
CCR in the unit provided the owner or operator meets the requirements of either
Subsection R315-319-103(a) or (b).
(a)
(1) No alternative CCR disposal capacity.
Notwithstanding the provisions of Subsection R315-319-101(a), (b)(1), or (d), a
CCR unit may continue to receive CCR if the owner or operator of the CCR unit
certifies that the CCR shall continue to be managed in that CCR unit due to the
absence of alternative disposal capacity both on-site and off-site of the
facility. To qualify under Subsection R315-319-103(a)(1), the owner or operator
of the CCR unit shall document that all of the following conditions have been
met:
(i) No alternative disposal capacity is
available on-site or off-site. An increase in costs or the inconvenience of
existing capacity is not sufficient to support qualification under Section
R315-319-103;
(ii) The owner or
operator has made, and continues to make, efforts to obtain additional
capacity. Qualification under this subsection lasts only as long as no
alternative capacity is available. Once alternative capacity is identified, the
owner or operator shall arrange to use such capacity as soon as
feasible;
(iii) The owner or
operator shall remain in compliance with all other requirements of Sections
R315-319-50 through 107, including the requirement to conduct any necessary
corrective action; and
(iv) The
owner or operator shall prepare an annual progress report documenting the
continued lack of alternative capacity and the progress towards the development
of alternative CCR disposal capacity.
(2) Once alternative capacity is available,
the CCR unit shall cease receiving CCR and initiate closure following the
timeframes in Subsections R315-319-102(e) and (f).
(3) If no alternative capacity is identified
within five years after the initial certification, the CCR unit shall cease
receiving CCR and close in accordance with the timeframes in Subsections
R315-319-102(e) and (f).
(b)
(1)
Permanent cessation of a coal-fired boiler(s) by a date certain.
Notwithstanding the provisions of Subsections R315-319-101(a), (b)(1), and (d),
a CCR unit may continue to receive CCR if the owner or operator certifies that
the facility will cease operation of the coal-fired boilers within the
timeframes specified in Subsections R315-319-103(b)(2) through (4), but in the
interim period, prior to closure of the coal-fired boiler, the facility shall
continue to use the CCR unit due to the absence of alternative disposal
capacity both on-site and off-site of the facility. To qualify under this
Subsection R315-319-103(b)(1), the owner or operator of the CCR unit shall
document that all of the following conditions have been met:
(i) No alternative disposal capacity is
available on-site or off-site. An increase in costs or the inconvenience of
existing capacity is not sufficient to support qualification under Section
R315-319-103.
(ii) The owner or
operator shall remain in compliance with all other requirements of Sections
R315-319-50 through 107, including the requirement to conduct any necessary
corrective action; and
(iii) The
owner or operator shall prepare an annual progress report documenting the
continued lack of alternative capacity and the progress towards the closure of
the coal-fired boiler.
(2) For a CCR surface impoundment that is 40
acres or smaller, the coal-fired boiler shall cease operation and the CCR
surface impoundment shall have completed closure no later than October 17,
2023.
(3) For a CCR surface
impoundment that is larger than 40 acres, the coal-fired boiler shall cease
operation, and the CCR surface impoundment shall complete closure no later than
October 17, 2028.
(4) For a CCR
landfill, the coal-fired boiler shall cease operation, and the CCR landfill
shall complete closure no later than April 19, 2021.
(c) Required notices and progress reports. An
owner or operator of a CCR unit that closes in accordance with Subsection
R315-319-103(a) or (b) shall complete the notices and progress reports
specified in Subsections R315-319-103(c)(1) through (3).
(1) Within six months of becoming subject to
closure pursuant to Subsection R315-319-101(a), (b)(1), or (d), the owner or
operator shall prepare and place in the facility's operating record a
notification of intent to comply with the alternative closure requirements of
Section R315-319-103. The notification shall describe why the CCR unit
qualifies for the alternative closure provisions under either Subsection
R315-319-103(a) or (b), in addition to providing the documentation and
certifications required by Subsection R315-319-103(a) or (b).
(2) The owner or operator shall prepare the
periodic progress reports required by Subsection R315-319-103(a)(1)(iv) or
(b)(1)(iii), in addition to describing any problems encountered and a
description of the actions taken to resolve the problems. The annual progress
reports shall be completed according to the following schedule:
(i) The first annual progress report shall be
prepared no later than 13 months after completing the notification of intent to
comply with the alternative closure requirements required by Subsection
R315-319-103(c)(1).
(ii) The second
annual progress report shall be prepared no later than 12 months after
completing the first annual progress report. Additional annual progress reports
shall be prepared within 12 months of completing the previous annual progress
report.
(iii) The owner or operator
has completed the progress reports specified in Subsection R315-319-103(c)(2)
when the reports are placed in the facility's operating record as required by
Subsection R315-319-105(i)(10).
(3) An owner or operator of a CCR unit shall
also prepare the notification of intent to close a CCR unit as required by
Subsection R315-319-102(g).
(d) The owner or operator of the CCR unit
shall comply with the recordkeeping requirements specified in Subsection
R315-319-105(i), the notification requirements specified in Subsection
R315-319-106(i), and the Internet requirements specified in Subsection
R315-319-107(i).