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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Considerable care has been exercised in preparing this document; however, McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with the publication of this information. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which this information may conflict. McCoy and Associates, Inc. does not undertake any duty to ensure the continued accuracy of this information.

This document addresses issues of a general nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with the RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.