Rule2025-13698
Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; CCR Management Unit Deadline Extension Rule
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 22, 2025
Effective
January 22, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or the Agency) is taking direct final action to establish an additional option for owners or operators of active coal combustion residuals (CCR) facilities or inactive CCR facilities with a legacy CCR surface impoundment to comply with the facility evaluation report (FER) Part 1 requirements and to extend compliance deadlines for the remaining CCRMU provisions published in the Federal Register on May 8, 2024. The May 8, 2024 rule (Legacy Final Rule) established regulatory requirements for legacy CCR surface impoundments and CCR management units (CCRMU) under the Resource Conservation and Recovery Act (RCRA).
Full Text
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<title>Federal Register, Volume 90 Issue 138 (Tuesday, July 22, 2025)</title>
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[Federal Register Volume 90, Number 138 (Tuesday, July 22, 2025)]
[Rules and Regulations]
[Pages 34358-34366]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13698]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 257
[EPA-HQ-OLEM-2020-0107; FRL-7814.2-02-OLEM]
RIN 2050-AH36
Hazardous and Solid Waste Management System: Disposal of Coal
Combustion Residuals From Electric Utilities; CCR Management Unit
Deadline Extension Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
taking direct final action to establish an additional option for owners
or operators of active coal combustion residuals (CCR) facilities or
inactive
[[Page 34359]]
CCR facilities with a legacy CCR surface impoundment to comply with the
facility evaluation report (FER) Part 1 requirements and to extend
compliance deadlines for the remaining CCRMU provisions published in
the Federal Register on May 8, 2024. The May 8, 2024 rule (Legacy Final
Rule) established regulatory requirements for legacy CCR surface
impoundments and CCR management units (CCRMU) under the Resource
Conservation and Recovery Act (RCRA).
DATES: This final rule is effective on January 22, 2026, without
further notice unless EPA receives adverse comment by August 21, 2025.
If EPA receives adverse comment, the Agency will publish a timely
withdrawal in the Federal Register informing the public about the
specific regulatory paragraph(s) or amendment(s) that will not take
effect.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OLEM-2020-0107. All documents in the docket are listed on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available
electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Taylor Holt, Office of Resource
Conservation and Recovery, Materials Recovery and Waste Management
Division, Environmental Protection Agency, 1200 Pennsylvania Avenue NW,
MC: 5304T, Washington, DC 20460; telephone number: (202) 566-1439;
email address: <a href="/cdn-cgi/l/email-protection#593136352d772d382035362b193c2938773e362f"><span class="__cf_email__" data-cfemail="026a6d6e762c76637b6e6d70426772632c656d74">[email protected]</span></a>, or Frank Behan, Office of Resource
Conservation and Recovery, Materials Recovery and Waste Management
Division, Environmental Protection Agency, 1200 Pennsylvania Avenue NW,
MC: 5304T, Washington, DC 20460; telephone number: (202) 566-0531;
email address: <a href="/cdn-cgi/l/email-protection#3e5c5b565f5010584c5f50557e5b4e5f10595148"><span class="__cf_email__" data-cfemail="3250575a535c1c5440535c59725742531c555d44">[email protected]</span></a>. For more information on this
rulemaking please visit <a href="https://www.epa.gov/coalash">https://www.epa.gov/coalash</a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Why is the EPA using a Direct Final Rule?
II. General Information
A. Does this action apply to me?
B. What action is the agency taking?
C. What is the agency's authority for taking this action?
D. What are the incremental costs and benefits of this action?
III. Background
A. 2015 CCR Rule
B. Legacy CCR Surface Impoundment and CCR Management Unit Rule
IV. Revisions to Part 257, Subpart D
A. Revisions to the Facility Evaluation Report Part 1 Compliance
Deadline
B. Revisions to the Groundwater Monitoring Compliance Deadline
C. Conforming Revisions to Other CCR Management Unit Compliance
Deadlines
V. The Projected Economic Impact of This Action
A. Introduction
B. Affected Universe
C. Baseline Costs
D. Costs and Benefits of This Direct Final Rule
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Executive Order 14192: Unleashing Prosperity Through
Deregulation
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
J. National Technology Transfer and Advancement Act (NTTAA)
K. Congressional Review Act (CRA)
List of Acronyms
CBI Confidential Business Information
CCR coal combustion residuals
CCRMU coal combustion residuals management unit
CFR Code of Federal Regulations
EPA Environmental Protection Agency
FER Facility Evaluation Report
FR Federal Register
GWMCA groundwater monitoring and corrective action
ICR Information Collection Request
NAICS North American Industry Classification System
OMB Office of Management and Budget
PBI Proprietary Business Information
PRA Paperwork Reduction Act
RCRA Resource Conservation and Recovery Act
REA Regulatory Economic Assessment
USWAG Utility Solid Waste Activities Group
WIIN Water Infrastructure Improvements for the Nation
I. Why is the EPA using a Direct Final Rule?
EPA is publishing this rule without a prior proposed rule because
EPA views this as a noncontroversial action and anticipates no adverse
comment since the amendments simply establish an additional option for
owners or operators of an active CCR facility or an inactive facility
with a legacy CCR surface impoundment to comply with the FER Part 1
requirements and extends the remaining deadlines for owners and
operators of CCRMU. However, in the ``Proposed Rules'' section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposed rule to adopt the provisions in this
direct final rule if adverse comments are received on this direct final
rule. In the companion proposed rule the Agency is additionally
soliciting comment on an alternative to extend the deadlines to prepare
part 2 of the FER by 12 months. If EPA receives comment that convinces
EPA that extending the FER Part 2 deadline is warranted, the Agency
will withdraw this direct final rule and pursue such an extension
through standard rulemaking procedures. The Agency will not institute a
second comment period on this action. Any parties interested in
commenting must do so at this time. For further information about
commenting on this rule, see the ADDRESSES section of the proposed rule
document.
If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public about the
specific regulatory paragraph(s) or amendment(s) that will not take
effect. The provisions that are not withdrawn will become effective on
the date set out above. EPA would address all public comments in any
subsequent final rule based on the comments and new information
submitted in response to the proposed rule.
In this action, EPA is not reconsidering, proposing to reopen, or
otherwise soliciting comment on any of the existing CCR regulations
beyond those specifically identified in this action. For the reader's
convenience, EPA has provided a background description of existing
requirements in several places throughout this preamble. These
descriptions do not reopen the underlying described provisions, but
merely explain the context to inform the public of the basis for this
action's regulatory amendments. EPA will not respond to comments
submitted on any issues other than those specifically identified in
this action, and such comments will not be considered part of the
rulemaking record.
[[Page 34360]]
II. General Information
A. Does this action apply to me?
This rule may be of interest to electric utilities and independent
power producers that fall within the North American Industry
Classification System (NAICS) code 221112. The reference to NAICS code
221112 is not intended to be exhaustive, but rather provides a guide
for readers regarding entities likely to be regulated by this action.
This discussion lists the types of entities that EPA is now aware could
potentially be regulated by this action. Other types of entities not
described here could also be regulated. To determine whether your
entity is regulated by this action, you should carefully examine the
applicability criteria found in Sec. 257.50 of title 40 of the Code of
Federal Regulations (CFR). If you have questions regarding the
applicability of this action to a particular entity, consult the
persons listed in the FOR FURTHER INFORMATION CONTACT section.
B. What action is the agency taking?
EPA is amending the regulations governing the disposal of CCR in
CCR management units (CCRMU), which are codified in subpart D of part
257 of title 40 of the CFR (CCR regulations). CCR management units are
``any area of land on which any noncontainerized accumulation of CCR is
received, is placed, or is otherwise managed, that is not a regulated
CCR unit. . . .'' See Sec. 257.53. Specifically, EPA is (1)
establishing an additional option for owners or operators of active
facilities or inactive facilities with a legacy CCR surface impoundment
to comply with the FER Part 1 requirements and (2) extending the
remaining deadlines for owners and operators of CCRMU. Further details
are discussed in Unit IV. of this preamble.
C. What is the agency's authority for taking this action?
EPA is publishing this rule under the authority of sections
1008(a)(3), 2002(a), 4004, and 4005(a), (d) of the Solid Waste Disposal
Act of 1965, as amended by the Resource Conservation and Recovery Act
of 1976 (RCRA), as amended by the Hazardous and Solid Waste Amendments
of 1984 and the Water Infrastructure Improvements for the Nation (WIIN)
Act of 2016, 42 U.S.C. 6907(a), 6912(a), 6944, 6945(a) and (d).
D. What are the incremental costs and benefits of this action?
EPA establishes the requirements under RCRA sections 1008(a)(3) and
4004(a) without taking cost into account. See, Utility Solid Waste
Activities Group, et al. v. EPA (USWAG) 901 F.3d 414, 448-49 (D.C. Cir.
2018). The following cost estimates are presented in the Regulatory
Economic Assessment (REA) and summarized in this preamble for
compliance with OMB Circular A-4 and E.O. 12866. The requirements in
this rule do not rely on these cost estimates.
The REA estimates that the annualized cost savings of this action
will be approximately $2.97-$3.48 million per year when discounting at
3%. The REA estimates that the annualized cost savings of this action
will be approximately $9.43-$11.3 million per year when discounting at
7%. The REA estimates that the annualized reduction in benefits of this
action will be approximately $0.18-$0.62 million per year when
discounting at 3%. The REA estimates that the annualized reduction in
benefits of this action will be approximately $0.38-$1.20 million per
year when discounting at 7%. Overall, the REA estimates that the net
annualized cost savings of this action will be $2.84-$3.63 million per
year when discounting at 3%, and $9.05-$10.1 million when discounting
at 7%.
Further information on the economic effects of this action can be
found in Unit V. of this preamble.
III. Background
A. 2015 CCR Rule
On April 17, 2015, EPA finalized national minimum criteria for the
disposal of CCR as solid waste under Subtitle D of RCRA titled,
``Hazardous and Solid Waste Management System; Disposal of Coal
Combustion Residuals from Electric Utilities'' (80 FR 21302) (2015 CCR
Rule). The 2015 CCR Rule, codified in subpart D of part 257 of title 40
of the CFR, established regulations for existing and new CCR landfills,
existing and new CCR surface impoundments, including all lateral
expansions of these CCR units. The 2015 CCR Rule also imposed
requirements on inactive surface impoundments at active facilities but
exempted inactive surface impoundments at inactive facilities. On
August 21, 2018, the U.S. Court of Appeals for the District of Columbia
Circuit vacated and remanded the provision that exempted inactive
impoundments at inactive facilities from the CCR regulations. USWAG,
901 F.3d at 432-34.
B. Legacy CCR Surface Impoundment and CCR Management Unit Rule
On May 18, 2023, in response to the 2018 USWAG decision, EPA
published the proposed rule for legacy CCR surface impoundments which
included revisions to the CCR regulations (88 FR 31982).
On May 8, 2024, EPA published the Legacy Final Rule regulating
inactive surface impoundments at inactive facilities (legacy CCR
surface impoundments or legacy impoundments) under 40 CFR part 257,
subpart D (89 FR 38950). In addition, the final rule established
requirements to address the risks from the direct placement of CCR on
the land that was exempt from regulation under the 2015 CCR Rule. This
included inactive CCR landfills, as well as CCR surface impoundments
and landfills that closed prior to the effective date of the 2015 CCR
Rule; the final rule refers to these newly regulated units as CCRMU.
The Legacy Final Rule added definitions for legacy CCR surface
impoundments and CCRMU, among other terms. It also established the
regulatory requirements applicable to legacy CCR surface impoundments
and CCRMU, which largely consist of requiring compliance with certain
existing CCR regulations, along with tailored compliance deadlines.
Owners or operators of an active facility or a facility with a
legacy CCR surface impoundment are required to conduct a facility
evaluation to identify and delineate any CCRMU at the facility and
document the findings in two reports, FER Part 1 and FER Part 2. See
Sec. 257.75(b). The FER Part 1 documents the thorough review of
readily and reasonably available records regarding where CCR was either
routinely and systematically placed on land, or where facility
activities otherwise resulted in measurable accumulations of CCR on
land. The FER Part 2 documents the conclusions of a physical evaluation
of the facility to address any data and information gaps identified in
FER Part 1. Together, the FER Parts 1 and 2 give a complete picture of
the historic use, placement and the status of CCR at the facility,
ultimately identifying any CCRMU of 1 ton or greater onsite. In
addition, owners or operators of CCRMU must comply with the existing
requirements in 40 CFR part 257, subpart D for groundwater monitoring,
corrective action (where necessary), and in certain cases, closure, and
post-closure care requirements. This action addresses the compliance
timeframes for the FER Part 1 and extends the deadlines for the
remaining CCRMU
[[Page 34361]]
provisions as discussed in Unit IV. of this preamble.
IV. Revisions to Part 257, Subpart D
After the Legacy Final Rule went into effect on November 8, 2024,
some members of the regulated community informed the Agency that they
were facing challenges that would adversely impact their ability to
comply with specific compliance deadlines for CCRMU. The information
EPA received from the regulated community is available in the
rulemaking docket. To address the challenges that these facilities are
facing, EPA is revising the compliance deadlines for the FER Part 1 and
the remaining CCRMU provisions.
A. Revisions to the Facility Evaluation Report Part 1 Compliance
Deadline
EPA is revising the facility evaluation provisions in Sec. 257.75
to provide flexibility to owners or operators of active facilities or
facilities with a legacy CCR surface impoundment in preparing the
reports documenting compliance (i.e., FER Part 1 and FER Part 2). The
current regulations require the facility evaluation to be completed in
two consecutive steps with separate deadlines to prepare FER Parts 1
and 2. Under this action, the Agency is finalizing an additional option
to allow the two parts of the FER to be prepared concurrently so long
as both reports are submitted no later than the current FER Part 2
deadline. That is, FER Parts 1 and 2 would need to be prepared no later
than February 8, 2027, as specified in Sec. 257.75(d)(1). In this
action, EPA is not proposing to change the deadline to prepare the FER
Part 2 or to eliminate the report documenting compliance with part 1 of
the facility evaluation (i.e., FER Part 1).
1. Legacy Proposed Rule
In the Legacy Proposed Rule (88 FR 32020-32023), EPA proposed to
require owners or operators of active or inactive facilities with one
or more regulated CCR unit(s) to conduct a facility evaluation to
confirm whether any CCRMU exist on-site and if so, delineate the
lateral and vertical extent of the unit(s). EPA proposed that
facilities prepare one report, to be completed in two consecutive
steps, with a single deadline. As proposed, the first step would
consist of a thorough review of available records in combination with a
physical facility inspection and any necessary field work to fill any
data gaps from the review of available records. The second step of the
facility evaluation would be to generate a professional engineer-
certified FER to document the findings of the facility evaluation. The
proposed compliance deadline for the completion of the FER was no later
than three months after the effective date of the final rule.
Many commenters disagreed with EPA's proposal of a two-step process
documented in a single report. They instead suggested EPA split the
information collection requirements from the physical evaluation
requirements, stating the separation would provide a more thorough
evaluation of existing available information to better inform the
physical evaluation to fill data gaps and properly identify CCRMU.
Commenters also stated that the proposed FER deadline was infeasible
and did not allow sufficient time to gather the required information
and conduct a physical inspection. Most commenters cited concerns
regarding the accessibility of historic information or data, difficulty
locating off-site record storage, the possible extensive volume of
information, the possible iterative nature of field work and sampling,
the impact of seasonal disruptions to field work, the lack of qualified
field personnel and the timing to acquire their services through
contracts. Multiple commenters also suggested allowing significantly
more time to complete individual aspects of the FER requirements.
2. Legacy Final Rule
In responses to these comments, the Legacy Final Rule adopted a
two-part facility evaluation process with two separate P.E.-certified
reports and compliance deadlines. See 89 FR 39054-39059. The FER Part 1
includes the results of the available information collection and
evaluation and has a compliance deadline of February 9, 2026. The FER
Part 2 addresses data and information gaps through a physical
evaluation of the facility and has a compliance deadline of February 8,
2027. Together, the FER Part 1 and Part 2 will give a complete picture
of the historic use, placement, and the status of CCR at each facility,
ultimately identifying and delineating the lateral and vertical extents
of any CCRMU onsite.
When determining the final compliance deadlines for the FERs, EPA
relied heavily on the information provided by commenters citing the
shortages and backlogs of qualified contractors, increased strain on
those contractors related to the number of CCR units complying with the
CCR rule simultaneously, difficulty accessing and reviewing historical
documentation, potential seasonal disruptions, and time needed to
perform quality control and quality assurance. After considering the
information provided by the commenters, EPA substantially extended the
compliance dates and separated the FER into two parts with separate
deadlines to prepare the reports. Specifically, the final rule required
FER 1 to be completed by February 9, 2026 (15 months from the effective
date), and FER 2 to be completed by February 8, 2027 (27 months from
the effective date).
3. Post-Publication Information
Since publication of the Legacy Final Rule, several companies have
identified challenges in preparing the FER Part 1 report by the current
deadline because of difficulty in obtaining, accessing and reviewing
historical documentation. For example, EPA has received feedback that
it is taking facilities longer than expected to process voluminous
historical records and information. One company with multiple
facilities has records stored in various locations in different states,
including off-site warehouses, filing cabinets at office and plant
locations, and electronic records stored on various servers or in a
file database system. This company indicated that it has located over a
quarter million boxes of records stored at ten off-site warehouses, as
well as over 5.8 million electronic records. Another company described
locating nearly 600 boxes and 30 file cabinets of documents resulting
in approximately 30,000 pages and nearly 4 gigabytes of information in
need of review and assessment. Other facilities have stated that they
have collected tens of thousands or hundreds of thousands of documents
thus far. Companies have reported that searching through these records
is time consuming because of the sheer volume of information that must
be reviewed. Additionally, narrowing the search is often complicated
because the description of the contents of the boxes are vague or not
detailed.
Companies have also stated that identifying relevant records
maintained in electronic formats has presented challenges. These
companies reported that in many cases electronic records are not given
many useful attributes on which to search so it has been difficult to
identify what documents may provide useful information. One company
described the difficulty of identifying relevant files that have been
digitized and preserved on a hard drive for a facility that operated
for 40 years. Another company stated that operating systems hosting
documents have changed over time (e.g., software systems for document
management and
[[Page 34362]]
storage), as well as some information being stored on out-of-date
electronic filing systems. Moreover, some companies have found that
subsequent conversions to newer operating systems were not seamless,
thus creating issues in retrieving data. Finally, a company discussed
the challenges with accessing and reviewing microfiche information,
specifically that the process of digitizing microfiche information is
time consuming.
Multiple companies have also found that many of the historical
engineering and construction documents and drawings stored in boxes at
offsite warehouses are in poor condition. These companies reported that
documents are torn or otherwise damaged, making them illegible or
difficult to use. Older drawings or documents that have been scanned
and saved electronically have poor resolution or are faint and
difficult to read. These companies have stated that document condition
and completeness has slowed the review process.
EPA has also received feedback that the current FER Part 1 deadline
does not provide sufficient time for facilities owned and operated by
affiliate companies to collaborate on the FER. These companies further
stated that such coordination is time-consuming, but necessary to
ensure uniformity across different companies and facilities.
Several companies also stated that they are using contractors to
complete the facility evaluation process, including the drafting of the
report documenting compliance with part 1 of the facility evaluation
requirements (i.e., FER Part 1). These companies have identified
shortages and backlogs in qualified contractors resulting from the
simultaneous demand for contractors.
Many of the specific difficulties that have been presented to the
Agency primarily relate to the information gathering tasks required
under FER Part 1. One suggestion offered to address these concerns was
to provide companies with additional flexibility to complete the FER
Part 1, consistent with the Agency's original proposal. EPA is adopting
that approach, by creating an additional regulatory option under which
a facility could prepare both FER Parts 1 and 2 by February 8, 2027
(i.e., by the existing deadline for FER Part 2).
This option of a single deadline for FER Part 1 and Part 2 (as
opposed to two separate deadlines) allows flexibility to complete
tasks, such as reviewing historical documentation and conducting field
work to confirm the presence of CCRMU. The activities involved in
achieving compliance with the facility evaluation requirements (FER
Parts 1 and 2) (e.g., coordinating with local, state, and federal
authorities; collecting samples; conducting field work; receiving lab
results) are susceptible to factors outside a facility's control, such
as extreme weather events, shortages of qualified contractors, and
permitting or approval delays, and therefore, warrant greater
flexibility. Additionally, required activities can be restricted
dependent on the time of year and the location of the facility (e.g.,
due to seasonality, protected species, site clearing restrictions).
Because all the CCRMU requirements build upon the FER, EPA must ensure
that facilities nationwide can achieve regulatory compliance by the
deadline. Utilizing a single deadline for the facility evaluation
requirements allows facilities to make reasonable accommodations for
facility-specific challenges in a way the existing deadlines do not.
Under this action, compliance with the existing provisions that
require completion of the FER Parts 1 and 2 by separate deadlines would
remain as an option. EPA is retaining this as an option because most
commenters on the original rule raised concern with a two-step process
documented in a single report. They instead suggested EPA split the
information collection requirements from the physical evaluation
requirements, stating the separation would provide a more thorough
evaluation of existing available information to better inform the
physical evaluation to fill data gaps and properly identify CCRMU.
Establishing alternative compliance options ensures that these concerns
will still be addressed, and that facilities will have flexibility to
account for their individual circumstances.
EPA is not modifying the FER Part 2 deadline because, as noted, it
does not appear that the deadline for FER Part 2 needs to be adjusted
to address the concerns that have thus far been raised to the Agency.
Nevertheless, in the companion proposed rule, EPA is soliciting comment
on whether facilities have identified challenges that warrant extending
the FER Part 2 deadline. See the ``Proposed Rules'' section of this
Federal Register publication.
Therefore, EPA is providing owners or operators with two options to
meet the FER Part 1 requirements at Sec. 257.75(c). An owner or
operator may still complete an FER Part 1 no later than the existing
compliance deadline of February 9, 2026, or, alternatively, may
complete it along with the FER Part 2, no later than February 8, 2027
(i.e., the existing compliance deadline for FER Part 2).
B. Revisions to the Groundwater Monitoring Compliance Deadline
EPA is extending the deadline for owners or operators of CCRMU to
comply with the groundwater monitoring provisions in Sec. 257.90. The
current regulations require owners or operators of CCRMU to have
designed and installed the groundwater monitoring system, developed the
groundwater sampling and analysis plan, collected eight independent
samples, and initiated detection and assessment monitoring no later
than May 8, 2028. Under this action, the Agency is providing owners or
operators of CCRMU more time to comply with these requirements.
Specifically, EPA is extending the groundwater monitoring compliance
deadline by 15 months, to no later than August 8, 2029.
1. Legacy Proposed Rule
In the Legacy Proposed Rule, EPA proposed to require owners and
operators of regulated CCRMU to comply largely with the existing
groundwater monitoring and corrective action criteria in Sec. Sec.
257.90 through 257.98. However, EPA also proposed to require sampling
and analysis of constituents listed in appendix IV. at the same time as
those listed in appendix III. See 88 FR 32023-32024. In addition, EPA
proposed two deadlines for the groundwater monitoring requirements,
instead of the single deadline in the 2015 CCR Rule. The first deadline
was six months from the effective date of the final rule for the
installation of the groundwater monitoring network and development of
the groundwater sampling and analysis plan. The second deadline was 24
months from the effective date of the final rule for the initiation of
the combined detection and assessment monitoring, including the
collection of the eight independent samples for each background and
downgradient well, as required by Sec. 257.94(b).
EPA received numerous comments on the proposed compliance
timeframes, including the proposal to establish two separate deadlines.
Commenters overwhelmingly disagreed with the split deadlines, stating
the split eliminated the flexibility provided under the 2015 CCR Rule's
single deadline. Additionally, most commenters stated the proposed
compliance deadlines were infeasible and should, at a minimum, allow as
much time for compliance as the 2015 CCR Rule deadlines, although
several commenters expressed that even the 2015 CCR Rule deadlines were
too short to develop adequate groundwater monitoring
[[Page 34363]]
networks, sampling and analysis plans, and corrective action programs.
Commenters pointed to several factors that they believed EPA did not
fully incorporate into the proposed deadlines: EPA's gross
underestimation of the CCRMU universe; the large number of CCR units
(i.e., existing CCR units, legacy CCR surface impoundments, CCRMU)
competing for limited resources to meet overlapping compliance
deadlines; the limited number of qualified contractors available to
conduct necessary activities to reach the compliance deadlines; the
nationwide labor shortage; limited existing alternative disposal
options; overlapping regulatory requirements (e.g., state drilling
permits, timing restrictions related to protected habitats, state CCR
permits, Consent Decrees/Orders); and seasonality impacts.
2. Legacy Final Rule
As explained in the Legacy Final Rule, in response to comments, EPA
finalized a single deadline of 42 months from the effective date for
owners or operators of regulated CCRMU to comply with the groundwater
monitoring requirements. See 89 FR 39061-39069. EPA was convinced by
commenters that a single deadline would provide facilities with
necessary flexibility to complete tasks required for compliance, such
as installing groundwater wells and collecting independent samples. The
activities involved in achieving compliance with the groundwater
monitoring requirements (i.e., drilling wells, collecting samples,
receiving lab results) are susceptible to factors outside a facility's
control, such as extreme weather events, shortages of qualified
contractors, and permitting or approval delays, and therefore, warrant
greater flexibility. Therefore, EPA concluded that a single deadline
for the groundwater monitoring requirements gives facilities more
opportunities to make reasonable accommodations for regional factors.
Additionally, EPA reevaluated the CCRMU groundwater compliance
timeframe considering the following: the potential size of the CCRMU
universe; seasonality; required local and state approvals to clear
vegetation or drill wells; need to coordinate with local or state
regulatory authorities; the national labor shortage and contractor and
laboratory backlogs; and the impact of overlapping compliance
deadlines. Overall, EPA found the information provided regarding the
infeasibility of the proposed groundwater compliance deadlines
convincing. Therefore, EPA substantially extended the deadlines, to
comply with the groundwater monitoring requirements in Sec. Sec.
257.90 through 257.95 until May 8, 2028. This deadline granted
facilities more than the amount of time facilities had to comply with
the 2015 CCR Rule; it also ensured that the initial groundwater
compliance deadlines for legacy CCR surface impoundments do not
coincide with the initial groundwater compliance deadlines for CCRMU.
3. Post-Publication Information
Since publication of the Legacy Final Rule, members of the
regulated community have raised concerns that the existing deadline is
infeasible for many owners or operators of CCRMU. These entities have
stated that the compliance timeframes in the Legacy Final Rule
incorrectly assume that the FER process can proceed concurrently with
the first tasks required to comply with the groundwater monitoring
requirements. They contend that the first tasks to comply with the
groundwater monitoring requirements (i.e., the design and installation
of the groundwater monitoring system) cannot begin until all CCRMU
onsite are identified and delineated, which in many cases will be
ongoing through late 2026. One organization specifically pointed out
that it is impossible to design a groundwater monitoring system that
accurately represents the groundwater passing the CCRMU's waste
boundary and the quality of background groundwater, as required in
Sec. 257.91, before the unit is fully delineated. Furthermore, the CCR
regulations allow for the use of multiunit systems, which requires a
complete knowledge of all CCR units onsite prior to design.
These parties have also stated that they use third parties to
complete tasks required to comply with the groundwater monitoring
provisions, including the design and installation of the groundwater
monitoring network and the collection and analysis of samples. These
companies have identified shortages and backlogs in qualified
contractors and laboratories resulting from the increased demand on
these resources and existing backlogs and labor shortages as discussed
in the Legacy Final Rule. One organization requested EPA provide 30
months from the completion of FER Part 2, because this would allow as
much time as was granted under the 2015 CCR Rule (i.e., 24 months),
plus an additional six months to account for contractor backlogs.
EPA reviewed the information provided and is convinced that because
owners or operators will be delineating CCRMU late into 2026 (i.e.,
late into the FER process), the existing deadline does not provide
sufficient time for facilities both (1) to design and install a
groundwater monitoring system capable of meeting the standards at Sec.
257.91 and (2) to collect and analyze the eight independent samples for
each background and downgradient well, as required by Sec. 257.94(b).
EPA acknowledged in the Legacy Final Rule that the deadline for the
groundwater monitoring requirements must account for the amount of time
owners or operators need to locate CCRMU as part of the FER (89 FR
39063). Based on the amount of time typically needed to design and
install a groundwater monitoring system and to collect and analyze the
eight independent samples, and the information provided by commenters
regarding the timeframe in which CCRMU will be delineated, EPA
concludes that the existing CCRMU groundwater compliance deadline do
not provide a sufficient amount of time to come into compliance. Nor do
the existing deadlines adequately account for delays related to the
shortage of qualified contractors. Therefore, EPA calculates that an
extension of 15 months of the Legacy Final Rule deadline is necessary
to provide sufficient time for owners or operators to comply with the
groundwater monitoring requirements. This 15-month extension will allow
owners or operators of regulated CCRMU a total of 30 months from the
completion of the FER Part 2 to comply with the groundwater monitoring
requirements. This is six months longer than was provided under the
2015 CCR Rule to mitigate impacts mentioned by commenters regarding the
current labor shortages and backlogs experienced by third-parties
necessary to accomplish tasks involved in complying with the
groundwater monitoring requirements. Therefore, EPA is extending the
deadlines for owners or operators of CCRMU to comply with the
groundwater monitoring requirements to no later than August 8, 2029.
See revised Sec. Sec. 257.90(b)(3) and 257.95(b)(1)(ii).
C. Conforming Revisions to Other CCR Management Unit Compliance
Deadlines
As explained in the Legacy Final Rule, the FER serves as the
prerequisite for all other CCRMU requirements. See 89 FR 39060.
Similarly, the groundwater monitoring requirements serve as the
prerequisite for the closure and post-closure requirements so that
owners or operators can incorporate information about groundwater
quality, groundwater
[[Page 34364]]
flows, seasonality impacts, and the migration of contaminants (if any)
into units' closure and post-closure care plans. See 89 FR 39079-39080.
Therefore, in this action, EPA is making conforming changes to the
remaining CCRMU compliance deadlines. These conforming changes are
shown below in table 1.
In the Legacy Final Rule, the deadline to establish a public CCR
website is tied to the first reporting requirement. For owners or
operators of active CCR facility or inactive facility with a legacy CCR
surface impoundment, the first reporting requirement is the FER Part 1.
See Sec. 257.75(c)(1) and (4). Therefore, because this action is
creating an option for FER Part 1 to be completed along with the FER
Part 2, EPA is similarly providing owners and operators the option to
establish the public CCR website specified in Sec. 257.107 by no later
than either February 9, 2026 or February 8, 2027 to correspond to when
the owner or operator completes FER Part 1. See revised Sec.
257.75(c)(4).
The design and installation of the groundwater monitoring system,
development of the groundwater sampling and analysis program, and the
initiation of the combined detection and assessment monitoring programs
are prerequisites to completing the initial groundwater monitoring and
corrective action report. Because the groundwater monitoring compliance
deadlines have been extended by 15 months to August 8, 2029, EPA is
extending the deadline to complete the initial groundwater monitoring
and corrective action report to no later than January 31 of the next
calendar year, January 31, 2030. See revised Sec. 257.90(e).
As mentioned above, EPA concluded that the closure and post-closure
care plans should be informed by groundwater monitoring data. Because
the groundwater monitoring compliance deadlines have been extended by
15 months to August 8, 2029, EPA is extending the deadline to complete
the written closure and post-closure care plans and the deadline to
initiate closure by 15 months to February 8, 2030 and August 8, 2030,
respectively. See revised Sec. Sec. 257.101(f)(1), 257.102(b)(2)(iii),
and 257.104(d)(2)(iii).
Table 1--Comparison of Compliance Deadlines for CCRMU Under the Legacy Final Rule and This Direct Final Rule
----------------------------------------------------------------------------------------------------------------
40 CFR part 257, subpart D Description of requirement Legacy final rule Direct final rule
requirement to be completed deadlines deadlines
----------------------------------------------------------------------------------------------------------------
Internet Posting (Sec. 257.107).. Establish CCR website...... February 9, 2026...... February 9, 2026 or
February 8, 2027.
Facility Evaluation (Sec. 257.75) Complete the Facility February 9, 2026...... February 9, 2026 or
Evaluation Report Part 1. February 8, 2027.
Facility Evaluation (Sec. 257.75) Complete the Facility February 8, 2027...... February 8, 2027.
Evaluation Report Part 2.
GWMCA (Sec. 257.91).............. Install the groundwater May 8, 2028........... August 8, 2029.
monitoring system.
GWMCA (Sec. 257.93).............. Develop the groundwater May 8, 2028........... August 8, 2029.
sampling and analysis
program.
GWMCA (Sec. Sec. 257.90-257.95). Initiate detection May 8, 2028........... August 8, 2029.
monitoring and assessment
monitoring. Begin
evaluating groundwater
monitoring data for SSIs
over background levels and
SSLs over groundwater
protection standards.
GWMCA (Sec. 257.90(e))........... Complete the initial annual January 31, 2029...... January 31, 2030.
GWMCA report.
Closure (Sec. 257.102)........... Prepare written closure November 8, 2028...... February 8, 2030.
plan.
Post-Closure Care (Sec. 257.104). Prepare written post- November 8, 2028...... February 8, 2030.
closure care plan.
Closure and Post-Closure Care (Sec. Initiate closure........... May 8, 2029........... August 8, 2030.
257.101).
----------------------------------------------------------------------------------------------------------------
V. The Projected Economic Impact of This Action
A. Introduction
The EPA estimated the costs and benefits of this action in a
Regulatory Economic Assessment (REA), which is available in the docket
for this action.
B. Affected Universe
The universe of facilities and units affected by the direct final
rule consists of two categories. The first is composed of facilities
with CCRMU. The REA identifies 195 CCRMU at 104 facilities. The second
category is composed of CCRMU at ``other active facilities,'' (referred
to as OAFUs in the Legacy Final Rule). The REA identifies 15 CCRMU at
OAFUs. Most of these facilities correspond to NAICS code 221112.
C. Baseline Costs
The baseline costs of this action consist of all reporting and
recordkeeping costs mandated by the Legacy Final Rule for facilities
with CCRMU. The Regulatory Impact Analysis for the Legacy Final Rule
estimated these costs to be an annualized $102-119 million when
discounting at 3% and an annualized $144-173 million when discounting
at 7%.
D. Costs and Benefits of This Direct Final Rule
This direct final rule is expected to result in cost savings from
time value of money impacts by delaying the compliance dates for
reporting activities at CCRMU. The REA estimates annualized cost
savings of approximately $2.97-$3.48 million per year when discounting
at 3%, and annualized cost savings of approximately $9.43-$11.3 million
per year when discounting at 7%.
Similarly, the direct final rule is expected to result in
reductions in benefits associated with time value of money impacts from
delaying the groundwater monitoring and closure requirements for CCRMU
from the Legacy Final Rule. The REA estimates annualized reductions in
benefits of approximately $0.18-$0.62 million per year when discounting
at 3%, and annualized reductions in benefits of $0.38-$1.20 million per
year when discounting at 7%.
Overall the REA estimates that this direct final rule will result
in net annualized cost savings of $2.48-$3.63 million per year when
discounting at 3%, and net annualized cost savings of $9.05-$10.1
million per year when discounting at 7%.
[[Page 34365]]
VI. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is considered an Executive Order 14192 deregulatory
action. Details on the estimated cost savings of this final rule can be
found in EPA's analysis of the potential costs and benefits associated
with this action.
C. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. An ICR covering the information collection activities
contained in the existing Legacy Final Rule has been submitted for OMBs
approval under the temporary OMB control number 2050-0231.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the EPA concludes that the impact of concern
for this rule is any significant adverse economic impact on small
entities and that the agency is certifying that this rule will not have
a significant economic impact on a substantial number of small entities
because the rule relieves regulatory burden on the small entities
subject to the rule. The rule relieves burden by establishing an
additional option for owners or operators of CCRMU to comply with the
FER Part 1 requirements and extending the deadline for owners and
operators of CCRMU to comply with groundwater monitoring requirements.
This delay affords all entities, including small entities, more time to
comply, and reduces compliance costs by pushing them into the future.
We have therefore concluded that this action will relieve regulatory
burden for all directly regulated small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million
(adjusted annually for inflation) or more (in 1995 dollars) as
described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or
uniquely affect small governments. The action imposes no enforceable
duty on any state, local or Tribal governments or the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified in
Executive Order 13175. The rule relieves burden by establishing an
additional option for owners or operators of CCRMU to comply with the
FER Part 1 requirements and extending the deadline for owners and
operators of CCRMU to comply with groundwater monitoring requirements.
This rule does not impose any additional requirements. Thus, Executive
Order 13175 does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 directs federal agencies to include an
evaluation of the health and safety effects of the planned regulation
on children in federal health and safety standards and explain why the
regulation is preferable to potentially effective and reasonably
feasible alternatives. This action is not subject to Executive Order
13045 because it is not a significant regulatory action under section
3(f)(1) of Executive Order 12866, and because the EPA does not believe
the environmental health or safety risks addressed by this action
present a disproportionate risk to children.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 257
Environmental protection, Beneficial use, Coal combustion products,
Coal combustion residuals, Coal combustion waste, Disposal, Hazardous
waste, Landfill, Surface impoundment.
Lee Zeldin,
Administrator.
For the reasons set out in the preamble, title 40, chapter I, of
the Code of Federal Regulations is amended as follows:
PART 257--CRITERIA FOR CLASSIFICATION OF SOLID WASTE DISPOSAL
FACILITIES AND PRACTICES
0
1. The authority citation for part 257 continues to read as follows:
Authority: 42 U.S.C. 6907(a)(3), 6912(a)(1), 6927, 6944,
6945(a) and (d); 33 U.S.C. 1345(d) and (e).
0
2. Amend Sec. 257.75 by revising paragraphs (b), (c)(1) introductory
text, and (c)(4) to read as follows:
Sec. 257.75 Requirements for identifying CCR management units.
* * * * *
(b) Facility evaluation. (1) The owner or operator of an active
facility or a facility with a legacy CCR surface impoundment must
conduct a facility evaluation to identify all CCR management units at
the facility in accordance with paragraphs (c) through (e) of this
section. At a minimum, the presence or absence of CCR management units
at the facility must be confirmed and documented through a thorough
evaluation of reasonably and readily available records that contain the
information needed to prepare the Facility Evaluation Reports Part 1
and Part 2 required by paragraphs (c) and (d) of this section. The
facility evaluation must also include a physical inspection of the
facility. Where necessary, the physical inspection must include field
investigation activities to fill data gaps, such as conducting
exploratory soil borings, geophysical assessments, or any other similar
physical investigation activities to establish the location and
boundaries of potential or likely CCR management units, and to
affirmatively rule out other areas of potential CCR placement at the
facility that were identified during the information review
[[Page 34366]]
or physical inspection. The facility evaluation must identify all CCR
management units at the facility regardless of when the CCR management
unit came into existence.
(2) An owner or operator subject to the facility evaluation
requirements may either:
(i) Complete the facility evaluation in two consecutive steps with
separate deadlines to prepare Facility Evaluation Report Part 1 and
Part 2. The deadline to complete Facility Evaluation Reports Part 1 and
Part 2 is specified in paragraphs (c)(1) and (d)(1) of this section,
respectively; or
(ii) Complete the facility evaluation such that Facility Evaluation
Report Part 1 and Part 2 are completed no later than the deadline
specified in paragraph (d)(1) of this section.
(c) * * *
(1) Except for an owner or operator complying with the timeframes
provided by paragraph (b)(1)(ii) of this section, no later than Monday,
February 9, 2026, the owner or operator of an active facility or a
facility with a legacy CCR surface impoundment must prepare a Facility
Evaluation Report Part 1, which shall contain, to the extent reasonably
and readily available, the information specified in paragraphs
(c)(1)(i) through (xiv) of this section. The owner or operator has
prepared the Facility Evaluation Report Part 1 when the report has been
placed in the facility's operating record as required by Sec.
257.105(f)(25).
* * * * *
(4) No later than Monday, February 8, 2027, or the date the
Facility Evaluation Report Part 1 is prepared, whichever is earlier,
the owner or operator must notify the Agency of the establishment of a
CCR website using the procedures in Sec. 257.107(a) via the ``contact
us'' form on EPA's CCR website.
* * * * *
0
3. Amend Sec. 257.90 by revising paragraphs (b)(3) introductory text
and (e) introductory text to read as follows:
Sec. 257.90 Applicability.
* * * * *
(b) * * *
(3) CCR management units. No later than Wednesday, August 8, 2029,
the owner or operator of the CCR management unit must be in compliance
with the following groundwater monitoring requirements:
* * * * *
(e) Annual groundwater monitoring and corrective action report. For
existing CCR landfills and existing CCR surface impoundments, no later
than January 31, 2018, and annually thereafter, the owner or operator
must prepare an annual groundwater monitoring and corrective action
report. For new CCR landfills, new CCR surface impoundments, and all
lateral expansions of CCR units, the owner or operator must prepare the
initial annual groundwater monitoring and corrective action report no
later than January 31 of the year following the calendar year a
groundwater monitoring system has been established for such CCR unit as
required by this subpart, and annually thereafter. For CCR management
units, the owner or operator must prepare the initial annual
groundwater monitoring and corrective action report no later than
January 31, 2030, and annually thereafter. For the preceding calendar
year, the annual report must document the status of the groundwater
monitoring and corrective action program for the CCR unit, summarize
key actions completed, describe any problems encountered, discuss
actions to resolve the problems, and project key activities for the
upcoming year. For purposes of this section, the owner or operator has
prepared the annual report when the report is placed in the facility's
operating record as required by Sec. 257.105(h)(1). At a minimum, the
annual groundwater monitoring and corrective action report must contain
the following information, to the extent available:
* * * * *
0
4. Amend Sec. 257.95 by revising paragraph (b)(1)(ii) to read as
follows:
Sec. 257.95 Assessment monitoring program.
* * * * *
(b) * * *
(1) * * *
(ii) The owner or operator of a CCR management unit must sample and
analyze the groundwater for all constituents listed in appendix IV to
this part no later than Wednesday, August 8, 2029.
* * * * *
0
5. Amend Sec. 257.101 by revising paragraph (f)(1) to read as follows:
Sec. 257.101 Closure or retrofit of CCR units.
* * * * *
(f) * * *
(1) No later than Friday, August 8, 2030, an owner or operator of a
CCR management unit must initiate the closure of the CCR management
unit in accordance with the requirements of Sec. 257.102.
* * * * *
0
6. Amend Sec. 257.102 by revising paragraph (b)(2)(iii) to read as
follows:
Sec. 257.102 Criteria for conducting the closure or retrofit of CCR
units and closure of CCR management units.
* * * * *
(b) * * *
(2) * * *
(iii) CCR management units. Except as provided for in paragraph
(b)(2)(v) of this section, no later than Friday, February 8, 2030, the
owner or operator of the CCR management unit must prepare an initial
written closure plan consistent with the requirements specified in
paragraph (b)(1) of this section.
* * * * *
0
7. Amend Sec. 257.104 by revising paragraph (d)(2)(iii) to read as
follows:
Sec. 257.104 Post-closure care requirements.
* * * * *
(d) * * *
(2) * * *
(iii) CCR management units. No later than Friday, February 8, 2030,
the owner or operator of a CCR management unit must prepare an initial
written post-closure care plan as set forth in paragraph (d)(1) of this
section.
* * * * *
[FR Doc. 2025-13698 Filed 7-21-25; 8:45 am]
BILLING CODE 6560-50-P
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