February 17, 2022

CCR Extensions Reviewed Under Part A Implementation

On August 28, 2020, EPA finalized “Part A” of its coal combustion residues (CCR) unit closure rule. [85 FR 53516] The rule made five amendments in the CCR rules in Part 257, Subpart D, as discussed in a previous McCoy Review article.

Under the rule, approximately 500 unlined coal ash surface impoundments nationwide were to stop receiving waste and begin closure by April 11, 2021. However, the regulations outlined processes for facilities to apply for two types of extensions to the closure deadline. Now, some affected facilities have submitted their extension demonstrations to EPA for review.

EPA has reviewed 57 demonstrations from facilities seeking extensions to the deadline and is requesting comments. The agency determined four of the demonstrations were incomplete, one was ineligible, and the others were complete. A full list of the facilities that have submitted demonstrations for 40 CFR 257.103(f)(1) and 257.103(f)(2) can be found on EPA’s website.

The agency is setting up a separate docket in Regulations.gov for each of the proposed determinations and will be collecting comments until February 23, 2022. EPA will announce determinations on the complete demonstrations as soon as possible.


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