EPA Fixes Oops in Toxic Coal Ash Disposal Rules
Published Date: 1/16/2025
Rule
Summary
The EPA is fixing some mistakes and clearing up confusing parts of a rule about how old coal ash ponds must be handled. This update affects electric utilities that manage coal waste and keeps the original deadlines and costs mostly the same. The corrections take effect on May 16, 2025, unless someone objects by March 17, 2025.
Analyzed Economic Effects
10 provisions identified: 5 benefits, 5 costs, 0 mixed.
Size thresholds set for CCRMU coverage
The rule text clarifies that CCR management units containing 1,000 tons or greater of CCR located at facilities with a regulated CCR unit or other active facilities are subject to subpart D. Units containing greater than or equal to 1 ton and less than 1,000 tons at such facilities are subject only to the facility evaluation report in Sec. 257.75 until a permitting authority decides regulation is warranted.
Assessment monitoring required with detection
EPA amends the rule to require owners or operators of CCR management units (CCRMU) to conduct assessment monitoring simultaneously with detection monitoring, consistent with the Legacy Final Rule preamble.
Closure-by-removal exempts from further rules
EPA added regulatory text stating that an owner or operator of a legacy CCR surface impoundment who completes certification of closure by removal under Sec. 257.100(g) is not subject to any further requirements under part 257.
Inactive impoundments not reclassified as CCRMU
EPA revised the definition of “Closed prior to October 19, 2015” to state explicitly that any unit that meets the definition of an inactive CCR surface impoundment or legacy CCR surface impoundment in Sec. 257.53 is not a CCR management unit (CCRMU).
Facility definition includes contaminated soil/groundwater
EPA amended the definition of “facility” to mirror statutory language and to add that a facility includes any onsite soil or groundwater that contains CCR or leachate, or where a constituent listed in appendix IV is detected at a statistically significant level above the groundwater protection standard.
No idling for units closing for cause
EPA amended Sec. 257.102(e)(4) to clarify that legacy CCR surface impoundments and CCR management units that must close for cause are not eligible for the idling provisions in Sec. 257.102(e)(2); paragraphs (vi) and (vii) reference the closure-for-cause provisions in Sec. 257.101.
Five-year closure timeframe confirmed
EPA amended Sec. 257.102(f)(1)(ii) to add legacy CCR surface impoundments to the list of CCR units that are provided five years to complete closure, matching the timeframe in the 2015 CCR Rule.
Non-coal power sites excluded
EPA revised the rule to define “other active facility” as a site that (1) produced electricity for the grid using fossil fuel on or after October 19, 2015, (2) had stopped placing CCR onsite by October 19, 2015, and (3) has no regulated CCR units. As a result, facilities that never combusted coal onsite (for example, the nuclear, wind, or solar examples discussed) are explicitly not subject to the CCR management unit requirements.
Dust-plan deadline for some active sites
For CCR management units located at “other active facilities” that did not already have a fugitive dust plan, EPA finalizes a deadline to develop the initial fugitive dust plan no later than August 9, 2027 (six months after Facility Evaluation Report Part 2 is due).
One-year delay for first groundwater report
EPA corrected the deadline for the first annual groundwater monitoring and corrective action report for legacy CCR surface impoundments from January 31, 2027 to January 31, 2028, moving the report date one year later.
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