Proposed Rule2025-21597
Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Extension of an Alternative Closure Requirement Deadline
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
November 28, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or the Agency) is proposing to extend, by three years, one compliance deadline applicable to certain coal combustion residuals (CCR) surface impoundments operating pursuant to the alternative closure requirements. Specifically, EPA is extending the deadline for owners and operators to complete closure of their unlined CCR surface impoundments larger than 40 acres from October 17, 2028, to October 17, 2031. This deadline extension will promote electric grid reliability by allowing a subset of coal-fired power producers to continue to operate beyond their currently scheduled retirement date.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 227 (Friday, November 28, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 227 (Friday, November 28, 2025)]
[Proposed Rules]
[Pages 54611-54619]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21597]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 257
[EPA-HQ-OLEM-2025-2864; FRL-12968-01-OLEM]
RIN 2050-AH42
Hazardous and Solid Waste Management System: Disposal of Coal
Combustion Residuals From Electric Utilities; Extension of an
Alternative Closure Requirement Deadline
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; notice of public hearing.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
proposing to extend, by three years, one compliance deadline applicable
to certain coal combustion residuals (CCR) surface impoundments
operating pursuant to the alternative closure requirements.
Specifically, EPA is extending the deadline for owners and operators to
complete closure of their unlined CCR surface impoundments larger than
40 acres from October 17, 2028, to October 17, 2031. This deadline
extension will promote electric grid reliability by allowing a subset
of coal-fired power producers to continue to operate beyond their
currently scheduled retirement date.
DATES: Comments must be received on or before January 7, 2026. Public
Hearing. EPA will hold a virtual public hearing on January 6, 2026.
Please refer to the SUPPLEMENTARY INFORMATION section for additional
information on the public hearing.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OLEM-2025-2864, by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Office of Land and Emergency Management (OLEM) Docket, Mail
Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
<bullet> Hand Delivery or Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30 a.m. to 4:30 p.m.,
Monday-Friday (except Federal Holidays).
Instructions: All submissions received must include the Docket ID
No. for this rulemaking (i.e., EPA-HQ-OLEM-2025-2864). Comments
received may be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>,
including personal information provided. For detailed instructions on
sending comments and additional information on the rulemaking process,
see the ``Public Participation'' heading of the SUPPLEMENTARY
INFORMATION section of this document.
In accordance with 5 U.S.C. 553(b)(4), a summary of this rule may
be found at <a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Patrick Wise, 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) 566-0520;
email address: <a href="/cdn-cgi/l/email-protection#03546a70662d536277716a6068436673622d646c75"><span class="__cf_email__" data-cfemail="eeb9879d8bc0be8f9a9c878d85ae8b9e8fc0898198">[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#c486a1aca5aaea82b6a5aaaf84a1b4a5eaa3abb2"><span class="__cf_email__" data-cfemail="a3e1c6cbc2cd8de5d1c2cdc8e3c6d3c28dc4ccd5">[email protected]</span></a>. For more information on this
rulemaking please visit <a href="https://www.epa.gov/coal-combustion-residuals">https://www.epa.gov/coal-combustion-residuals</a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Participation
II. General Information
III. Background
IV. Revised Deadline for Cessation of Operations and Unit Closure
V. The Projected Economic Impact of This Action
VI. Statutory and Executive Order Reviews
I. Public Participation
A. Written Comments
Submit your comments, identified by Docket ID No. EPA-HQ-OLEM-2025-
2864, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (our preferred method), or the
other methods identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the docket. EPA may publish
any comment received to its public docket. Do not submit to EPA's
docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> any information you consider to
be Confidential Business Information (CBI), Proprietary Business
Information (PBI), or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include
[[Page 54612]]
discussion of all points you wish to make. EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system).
Please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a> for
additional submission methods; the full EPA public comment policy;
information about CBI, PBI, or multimedia submissions; and general
guidance on making effective comments.
B. Notice of Public Hearing
EPA is providing the minimum required 30-days' notice of this
public hearing. EPA evaluated the complexity and technical nature of
this proposed rule. The scope of this action is limited to extending
one compliance deadline applicable to certain CCR surface impoundments
operating pursuant to the alternative closure requirements. EPA
determined this issue is not complex or highly technical and therefore
30 days' notice of the public hearing for this proposed rule was
adequate to provide the public with meaningful opportunity to comment
on the regulatory change.
C. Public Hearing
EPA will hold a virtual public hearing on January 6, 2026. The
hearing will convene at 9:00 a.m. Eastern Time (ET) and conclude at
1:00 p.m. (ET).
EPA will begin pre-registering speakers for the virtual public
hearing upon publication of this document in the Federal Register. To
register to speak at the hearing, please use the online registration
form available on EPA's CCR website <a href="https://www.epa.gov/coal-combustion-residuals">https://www.epa.gov/coal-combustion-residuals</a> or contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to register to speak at the hearing. Both
virtual hearing speakers and attendees are requested to pre-register at
the link provided above. The last day to pre-register to speak at the
hearing will be January 2, 2026.
EPA will make every effort to follow the schedule as closely as
possible on the day of the hearing; however, please plan for the
hearings to run either ahead of schedule or behind schedule.
Additionally, requests to speak will be taken the day of the hearing
via the Q&A functionality of the online platform. EPA will make every
effort to accommodate all speakers who wish to provide oral testimony,
although preferences on speaking times may not be able to be fulfilled.
Each commenter will have five (5) minutes to provide oral
testimony. EPA encourages commenters to provide EPA with a copy of
their oral testimony electronically by emailing it to the person listed
in the FOR FURTHER INFORMATION CONTACT section. EPA also recommends
submitting the text of your oral comments as written comments to the
rulemaking docket. If EPA is anticipating a high attendance, the time
allotment per testimony may be shortened to no shorter than three (3)
minutes per person to accommodate all those wishing to provide
testimony and who have pre-registered. While EPA will make every effort
to accommodate all speakers who do not preregister, opportunities to
speak may be limited based upon the number of pre-registered speakers.
Therefore, EPA strongly encourages anyone wishing to speak to
preregister. Participation in the public hearing does not preclude any
entity or individual from submitting a written comment.
EPA may ask clarifying questions during the oral presentations but
will not respond to the presentations at that time. Written statements
and supporting information submitted during the comment period will be
considered with the same weight as oral comments and supporting
information presented at the public hearing.
Please note that any updates made to any aspect of the hearing are
posted online at EPA's CCR website at <a href="https://www.epa.gov/coal-combustion-residuals">https://www.epa.gov/coal-combustion-residuals</a>. While EPA expects the hearing to go forward as
set forth above, please monitor our website or contact the person
listed in the FOR FURTHER INFORMATION CONTACT section to determine if
there are any updates. EPA does not intend to publish a document in the
Federal Register announcing updates.
If you require the services of an interpreter or special
accommodations such as audio transcription or closed captioning, please
pre-register for the hearing and describe your needs on the
registration form by December 17, 2025. Alternatively, registrants may
notify the person listed in the FOR FURTHER INFORMATION CONTACT section
of any special needs. EPA may not be able to arrange accommodations
without advance notice.
II. General Information
A. Does this action apply to me?
This proposed rule may be of interest to electric utilities and
independent power producers that fall within the North American
Industry Classification System (NAICS) code 221112 and that submitted a
complete demonstration pursuant to section 257.103(f)(2). The following
eleven power plants are currently operating unlined CCR surface
impoundments larger than 40 acres under a pending demonstration:
Baldwin Power Station (IL), Big Cajun II Power Plant (LA), Brame Energy
Center (LA), Coleto Creek Power Plant (TX), Intermountain Generating
Facility (UT), Kincaid Power Station (IL), Miami Fort Power Station
(OH), Naughton Power Plant (WY), Newton Power Station (IL), R.M.
Schahfer Generating Station (IN), and Welsh Power Plant (TX). To
determine whether your entity is regulated by this action, you should
carefully examine the applicability criteria found in section 257.50 of
title 40 of the Code of Federal Regulations (CFR).\1\ 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.
---------------------------------------------------------------------------
\1\ Unless otherwise stated, all citations specified in this
action are found in title 40 of the CFR.
---------------------------------------------------------------------------
B. What action is the Agency taking?
This proposed rule extends one compliance deadline applicable to
certain impoundments currently operating pursuant to the alternative
closure requirements under section 257.103(f)(2). Specifically, EPA is
extending the existing deadline for owners and operators to complete
closure of their unlined CCR surface impoundments larger than 40 acres
from October 17, 2028, to October 17, 2031. See section
257.103(f)(2)(iv)(B). This deadline extension will promote electric
grid reliability by allowing the coal-fired steam generating units at
these facilities to continue to operate beyond their currently
scheduled retirement dates.
C. What is the Agency's authority for taking this action?
EPA is publishing this rulemaking 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 proposed rule?
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
[[Page 54613]]
presented in the Regulatory Impact Analysis (RIA) and summarized in
this preamble for compliance with E.O. 12866 and consistent with OMB
Circular A-4.
The RIA estimates that the annualized cost savings of this proposed
rule will be approximately $7-12 million per year when discounting at
3%. The RIA estimates that the annualized cost savings of this action
will be approximately $17-27 million per year when discounting at 7%.
Further information on the economic effects of this action can be found
in Unit V of this preamble. EPA also qualitatively considered the grid
reliability and air emissions impacts of this proposed rule. Further
details can be found in section V of the preamble.
III. Background
A. Summary of the Alternative Closure Requirements Under Section
257.103(f)
In April 2015, EPA issued its first set of regulations establishing
requirements for CCR surface impoundments and landfills. ``Hazardous
and Solid Waste Management System; Disposal of Coal Combustion
Residuals From Electric Utilities,'' (2015 CCR Rule) 80 FR 21302 (Apr.
17, 2015). These requirements included criteria consisting of location
restrictions, design and operating criteria, groundwater monitoring and
corrective action requirements, closure and post-closure care
requirements, recordkeeping, notification, and internet posting
requirements. The closure criteria included alternative closure
provisions under section 257.103. See 80 FR 21423-24.
In August 2020, EPA issued revisions to that rule, including
revisions to the alternative closure requirements. ``Hazardous and
Solid Waste Management System: Disposal of Coal Combustion Residuals
From Electric Utilities; A Holistic Approach to Closure Part A:
Deadline to Initiate Closure rule,'' 85 FR 53516 (Aug. 28, 2020) (the
``Part A Rule''). The Part A Rule established April 11, 2021, as the
date that electric utilities must cease placing waste into all unlined
CCR surface impoundments. The Part A Rule also revised the alternative
closure provisions of the CCR regulations (section 257.103) by allowing
owners or operators to request an extension to continue to receive CCR
and/or non-CCR waste streams in unlined CCR surface impoundments after
April 11, 2021, provided that certain criteria are met. EPA established
two site-specific alternatives to initiate closure of unlined CCR
surface impoundments (section 257.103(f)), commonly known as extensions
of the date to cease receipt of waste.
The first alternative is for a facility that must continue to use
an unlined CCR surface impoundment after April 11, 2021, because no
alternative disposal capacity is available either on-site or off-site,
and it was technically infeasible to develop alternative capacity by
that date. Section 257.103(f)(1) (titled Development of Alternative
Capacity is Technically Infeasible). The second alternative is for
coal-fired boiler(s) that are going to permanently shut down by a date
certain after April 11, 2021, but there is no alternative capacity
either on- or off-site that is available to accept the CCR and non-CCR
waste streams between April 11, 2021, and the permanent closure date of
the coal-fired boiler. Section 257.103(f)(2) (titled Permanent
Cessation of Coal-Fired Boiler(s) by a Date Certain). This proposed
rule only pertains to the second alternative because facilities
operating under the first alternative have all already obtained
alternative disposal capacity, thus allowing continued use of
associated coal-fired boilers. Section 257.103(f)(2) establishes
deadlines for when the facility must both cease operation of its coal-
fired boiler and complete closure of the unlined surface impoundment.
The existing deadlines are based on the size of the impoundment, using
surface area as a surrogate for impoundment size. For impoundments that
are 40 acres or smaller, owners and operators were required to cease
operation of the coal-fired boiler and complete closure of the
impoundment no later than October 17, 2023. For impoundments that are
larger than 40 acres, the deadline is October 17, 2028. See section
257.103(f)(2)(iv).
As provided in section 257.103(f)(3)(i), November 30, 2020, was the
deadline for facilities to submit requests to EPA to operate an unlined
impoundment beyond April 11, 2021, pursuant to section 257.103(f)(2).
As discussed in Unit IV of this preamble, this action is not revising
the November 30, 2020, deadline to allow additional owners and
operators to submit new time extension requests. EPA received 23
complete extension requests under section 257.103(f)(2) before the
November 30, 2020, deadline, including seven facility requests with
impoundments that are 40 acres or smaller and 16 facility requests with
impoundments larger than 40 acres.\2\ Of the 16 extension requests with
impoundments larger than 40 acres, 11 facilities are currently
operating these impoundments pursuant to section 257.103(f)(2). EPA has
not yet taken action to determine whether to grant these 11 extension
requests.
---------------------------------------------------------------------------
\2\ EPA issued letters of completeness on January 11, 2022.
---------------------------------------------------------------------------
B. Facilities Currently Operating Impoundments Under Section
257.103(f)(2)
Eleven power plants are currently operating at least one unlined
CCR surface impoundment under a pending extension request submitted
pursuant to section 257.103(f)(2). EPA below summarizes information
about these impoundments and the coal-fired steam generating units that
rely on the continued operation of the unlined impoundments (i.e., CCR
or non-CCR waste streams from the boilers units are being routed to the
impoundment). The summaries are based on information presented in the
November 2020 demonstrations prepared to support the extension request
(2020 Demonstration) \3\ and the most recent annual progress report
required by section 257.103(f)(2)(x), if the progress report provides
new relevant information.\4\ The summaries below are organized by the
electric power market in which the facility falls. Five of these
facilities fall within the electric power market operated by the
Midcontinent Independent System Operator, two within PJM
Interconnection, and one facility each in Electric Reliability Council
of Texas, Northwest, Southwest, and Southwest Power Pool.
---------------------------------------------------------------------------
\3\ Demonstrations supporting the extension requests can be
accessed on each facility's publicly accessible CCR website. EPA's
website includes a list of publicly accessible internet sites at
<a href="https://www.epa.gov/coal-combustion-residuals">https://www.epa.gov/coal-combustion-residuals</a>.
\4\ The annual progress report documents the continued lack of
alternative disposal capacity and the progress towards the closure
of the CCR surface impoundment(s) covered by the extension request.
---------------------------------------------------------------------------
1. Midcontinent Independent System Operator (MISO)
<bullet> Baldwin Power Station (Baldwin) located in Illinois.
According to the 2020 Demonstration submitted by Dynegy Midwest
Generation LLC (Dynegy), Baldwin is a 1,185 megawatt (MW) coal-fired
electric generating station located near Baldwin, Illinois. The unlined
CCR surface impoundment operating pursuant to the extension request is
the Bottom Ash Pond. The time frames discussed in the 2020
Demonstration stated that the two coal-fired boilers (Units 1 and 2)
would cease operations no later than December 31, 2025. Furthermore,
Baldwin anticipated that all CCR and non-CCR waste streams going to the
Bottom Ash Pond would cease by July 17, 2027, and closure of
[[Page 54614]]
the impoundment would be completed by October 17, 2028. On April 2,
2025, Dynegy submitted an update to the closure schedule and closure
plan (Baldwin Update) associated with its 2020 Demonstration. In the
Baldwin Update, Dynegy stated that Units 1 and 2 will continue to
operate for up to an additional two years to no later than December 31,
2027, due to ``recent reliability and market conditions in MISO.'' \5\
Dynegy further stated in this update that closure of the Bottom Ash
Pond would still be completed by October 17, 2028 (same as stated in
2020 Demonstration) because closure has already begun and is being
conducted in two phases starting in 2025.
---------------------------------------------------------------------------
\5\ Dynegy Midwest Generation LLC, ``Baldwin Power Station
Alternative Closure Demonstration--Update to Schedule and Closure
Plan,'' April 2, 2025. See also Attachment 2 that includes
``Comments from the Midcontinent Independent System Operator, Inc.
regarding the Baldwin Energy Station adjusted retirement date and
the need to maintain existing generation for reliability'' dated
December 18, 2024.
---------------------------------------------------------------------------
<bullet> Big Cajun II Power Plant (Big Cajun II) located in
Louisiana. In November 2020, Cleco Cajun LLC (Cleco) submitted an
extension request for the unlined Bottom Ash Basin located near New
Roads, Louisiana. According to the 2020 Demonstration, the Bottom Ash
Basin receives CCR (bottom ash) from Unit 1, which is a 580 MW coal-
fired steam generating unit. The Bottom Ash Basin also receives other
non-CCR waste streams (i.e., clarifier/softener underflow) from Unit 1,
as well as from Unit 2 (a natural gas unit) and Unit 3 (a coal-fueled
unit).\6\ Cleco stated in its 2020 Demonstration that the Unit 1 boiler
is subject to a 2013 consent decree requiring that Unit 1 ``cease
generation of coal-fired energy by no later than April 1, 2025.''
Furthermore, Big Cajun II anticipated that all waste streams going to
the Bottom Ash Basin would cease by approximately March or April 2027,
and closure of the impoundment will be completed by October 17, 2028.
Given the existence of the consent decree, EPA believes that this rule
would not allow Unit 1 to generate electricity beyond April 1, 2025;
however, this action would allow the Bottom Ash Basin to be closed over
a longer period should Big Cajun II need additional time.
---------------------------------------------------------------------------
\6\ CCR waste streams (bottom ash) from Unit 3 is dry handled
and taken off-site.
---------------------------------------------------------------------------
<bullet> Brame Energy Center (Brame) located in Louisiana.
According to the 2020 Demonstration submitted by Cleco Power LLC, Brame
operates a 523 MW coal-fired steam generating unit called Rodemacher
Unit 2. Brame is located in Lena, Louisiana. The unlined CCR surface
impoundment operating pursuant to the extension request is the Bottom
Ash Pond, which receives CCR waste streams related to Rodemacher Unit
2. The time frames discussed in the 2020 Demonstration stated that
closure of the Bottom Ash Pond will be completed by no later than
October 17, 2028. To meet this deadline, Cleco Power stated it plans to
cease operation of Rodemacher Unit 2 by no later than August or
September 2027. Brame also operates steam generating units fueled by
natural gas (Unit 1) and petroleum coke (Unit 3); however, waste
streams from those generating units are not disposed in the Bottom Ash
Pond and therefore are not impacted by this rulemaking.
<bullet> Newton Power Station (Newton) located in Illinois. In
November 2020, Illinois Power Generating Company (IPGC) submitted an
extension request for the unlined Primary Ash Pond located near Newton,
Illinois. According to the 2020 Demonstration, Newton is a 615 MW steam
electric generating facility with one coal-fired boiler. The Primary
Ash Pond receives various CCR and non-CCR waste streams. IPGC further
stated that it is scheduled to cease coal-fired boiler operation no
later than July 17, 2027. On October 22, 2025, IPGC submitted an update
to the closure schedule and closure plan (Newton Update) associated
with its 2020 Demonstration. In the Newton Update, IPGC stated that
Unit 1 will continue to operate for an additional six weeks to no later
than September 1, 2027, due to ``recent reliability and market
conditions in MISO.'' \7\ Furthermore, the schedule shows placement of
all waste streams into Primary Ash Pond will cease by December, 2027,
so that closure of the Primary Ash Pond will be completed by October
17, 2028.
---------------------------------------------------------------------------
\7\ Illinois Power Generating Company, ``Newton Power Plant
Alternative Closure Demonstration--Update to Schedule and Closure
Plan,'' October 22, 2025.
---------------------------------------------------------------------------
<bullet> R.M. Schahfer Generating Station (RM Schahfer) located in
Indiana. At the time Northern Indiana Public Service Company (NIPSCO)
submitted the 2020 Demonstration for the Waste Disposal Area, RM
Schahfer operated four coal-fired boilers. The Waste Disposal Area is
an unlined CCR surface impoundment that receives CCR and non-CCR waste
streams associated with these boilers. By October 2021, NIPSCO
permanently retired two of the four coal-fired boilers and planned to
retire the remaining two coal-fired boilers in 2023.\8\ As further
explained in the 2025 Annual Update,\9\ following communications with
MISO in 2022, ``NIPSCO identified the need to extend coal-fired
generation at [RM Schahfer] beyond the originally planned 2023
retirement date.'' Currently, these two coal-fired boilers are
scheduled to cease coal-fired generation by December 31, 2025.
Furthermore, the current schedule shows placement of all waste streams
into the Waste Disposal Area by no later than September 2026, so that
closure of the impoundment will be completed by October 17, 2028. The
two operating coal-fired boilers have a combined generating capacity of
847 MW. NIPSCO has stated that RM Schahfer would operate its coal-fired
boilers until 2028 if the proposed rule change was finalized.
---------------------------------------------------------------------------
\8\ WSP USW Inc. ``Northern Indiana Public Service Company LLC,
R.M. Schahfer Generating Station Wheatfield, Indiana, CCR Surface
Impoundment No Alternative Disposal Capacity Documentation--2025
Annual Update Pursuant to Indiana Administrative Code 329 IAC 10-9-
1.'' Feb. 5, 2025.
\9\ Id. at 2.
---------------------------------------------------------------------------
2. PJM Interconnection (PJM)
<bullet> Kincaid Power Station (Kincaid) located in Illinois. In
November 2020, Kincaid Generation, LLC submitted an extension request
for the unlined Ash Pond located near Kincaid, Illinois. According to
the 2020 Demonstration, Kincaid is a 1,108 MW steam electric generating
facility with two coal-fired boilers. The Ash Pond receives various CCR
and non-CCR waste streams associated with the two generating units.
Kincaid Generation stated that the two coal-fired boilers will be
retired no later than July 17, 2027. Furthermore, the schedule shows
placement of all waste streams into Ash Pond will cease by September
17, 2027, so that closure of the Ash Pond can be completed by October
17, 2028.
<bullet> Miami Fort Power Station (Miami Fort) located in Ohio.
Dynegy Miami Fort, LLC (Dynegy) stated in its 2020 Demonstration that
Miami Fort is a 1,100 MW two unit (Units 7 and 8), coal-fired steam
electric generating station located near North Bend, Ohio. The Miami
Fort Pond System is the unlined impoundment operating pursuant to the
extension request and receives CCR waste streams (bottom ash and fly
ash), as well as other non-CCR waste streams. The time frames discussed
in the 2020 Demonstration stated that closure of the Miami Fort Pond
System will be completed by no later than October 17, 2028. To meet
this deadline, Dynegy plans to cease operation of boiler Units 7 and 8
by no later than June 17, 2027, and cease placement of wastes into the
impoundment by August 17, 2027.
[[Page 54615]]
3. Electric Reliability Council of Texas (ERCOT)
<bullet> Coleto Creek Power Plant (Coleto Creek) located in Texas.
In November 2020, Coleto Creek Power, LLC submitted an extension
request for the unlined Coleto Creek Primary Ash Pond located near
Fannin, Texas. According to the 2020 Demonstration, the Primary Ash
Pond receives CCR (bottom ash, economizer ash and mill rejects) and
various non-CCR waste streams associated with the 650 MW coal-fired
steam generating unit. Coleto Creek Power stated that the boiler will
cease coal-fired operations no later than July 17, 2027. Furthermore,
Coleto Creek anticipates that it will cease placing all waste streams
into Primary Ash Pond by September 17, 2027, so that closure of the
Primary Ash Pond can be completed by October 17, 2028. In its most
recent annual progress report, Coleto Creek Power noted plans to
convert the plant to operate on natural gas after coal-firing
operations cease in 2027.\10\
---------------------------------------------------------------------------
\10\ Coleto Creek Power, ``Annual Progress Report (Sec.
257.103(f)(2)(x)) for the Coleto Creek Power Plant Primary Ash
Pond.'' November 30, 2024.
---------------------------------------------------------------------------
4. Southwest Power Pool (SPP)
<bullet> J. Robert Welsh Power Plant (Welsh Plant) located in
Texas. In November 2020, Southwestern Electric Power Company (SWEPCO)
submitted an extension request for the Primary Bottom Ash Pond at the
Welsh Plant to allow the unlined impoundment to continue to receive CCR
and non-CCR waste streams. The Welsh Plant is a 1,056 MW coal-fired
steam electric generating station located in Pittsburgh, Texas. The
time frames discussed in the 2020 Demonstration stated that closure of
the Primary Bottom Ash Pond will be completed in two phases with the
first phase of closure construction beginning in February 2027. The
second phase of closure construction is planned to commence in March
2028 and to coincide with the cessation of coal-fired boiler
operations. Closure of the Primary Bottom Ash Pond would be completed
by no later than October 17, 2028.
5. Southwest
<bullet> Intermountain Generating Facility (Intermountain) located
in Utah. Intermountain Power Service Corporation (IPSC) stated in its
2020 Demonstration that Intermountain is a 1,900 MW coal-fired steam
electric generating station located near Delta, Utah. The unlined CCR
surface impoundments operating pursuant to the extension request are
the Bottom Ash Basin and Waste Water Basin, both of which receive CCR
waste streams related to the coal-fired boiler units. The time frames
presented in the 2020 Demonstration state that closure of both unlined
impoundments will be completed by no later than October 17, 2028. IPSC
plans to cease operation of both coal-fired boilers by July 1, 2025,
explaining that such plans were first announced in May 2017. IPSC
further explains it is already ``moving forward with plans to develop
new natural gas and hydrogen-fueled electricity generation'' at
Intermountain. These plans were confirmed in the most recent annual
progress report.\11\
---------------------------------------------------------------------------
\11\ Intermountain Power Service Corporation, ``October 2024
Annual Progress Report, Documenting the Continued Lack of
Alternative Capacity and the Progress Towards the Closure of the
Coal-Fired Boiles.'' Oct. 4, 2024.
---------------------------------------------------------------------------
6. Northwest
<bullet> Naughton Power Plant located in Wyoming. In November 2020,
PacifiCorp submitted an extension request for the South Ash Pond at
Naughton to receive bottom ash and fly ash. Non-CCR waste streams are
no longer routed to the South Ash Pond. Two coal-fired boilers at
Naughton provide approximately 380 MW of generating capacity.
PacifiCorp states that the two coal-fired boilers will cease operation
on December 31, 2025. The time frames discussed in the 2020
Demonstration show that placement of CCR waste streams will permanently
cease by September 30, 2026, in order to complete closure by the
regulatory deadline. PacifiCorp states in its most recent annual
progress report that Naughton is on schedule to cease operating the
coal-fired boilers by the end of 2025.
C. Resource Adequacy Reports Issued by NERC and U.S. DOE
1. North American Electric Reliability Corporation (NERC)
The NERC mission is to ensure the reliability, resiliency, and
security of the North American bulk power system (BPS). The BPS is made
up of six regional entities \12\ that provide the NERC with data,
narratives, and assessments to independently evaluate long-term
reliability, recognize trends, and identify emerging issues and
potential risks for the upcoming 10-year period. The NERC develops a
long-term reliability assessment (LTRA) annually based on known system
changes as of July of the current year. The NERC is subject to
oversight by the Federal Energy Regulatory Commission (FERC).
---------------------------------------------------------------------------
\12\ The six regional entities overseen by NERC that monitor and
enforce reliability standards for the BPS are: Midwest Reliability
Organization (MRO), Northeast Power Coordinating Council (NPCC),
ReliabilityFirst (RF), SERC Reliability Corporation (SERC), Texas
Reliability Entity (Texas RE), and Western Electricity Coordinating
Council (WECC).
---------------------------------------------------------------------------
Resource adequacy refers to the ability of an electricity system to
meet the power demand of customers at all times, even during peak usage
and potential outages. In the most recent LTRA released in December
2024 (2024 LTRA), the NERC identified increasing resource adequacy
challenges for the upcoming 10 years as demand growth surges and power
generators announce retirement plans.\13\ The NERC also identified a
substantial number of the replacement generation resources as weather
dependent and, thus, more variable and less reliable than the resources
they would replace.
---------------------------------------------------------------------------
\13\ NERC, ``2024 Long-Term Reliability Assessment, December
2024, Updated July 15, 2025.''
---------------------------------------------------------------------------
As part of its capacity and energy risk assessment, the 2024 LTRA
identifies areas subject to potential future electricity supply
shortfalls under normal and extreme weather conditions. The shortfall
risks are categorized as ``high risk,'' ``elevated-risk'' and ``normal-
risk.'' The 11 electric utilities covered by this interim final rule
fall in areas categorized as either elevated-risk or normal-risk. As
stated in the 2024 LTRA, elevated-risk areas meet resource adequacy
criteria, but analysis indicates that extreme weather conditions are
likely to cause a shortfall in area reserves. Eight of the 11
facilities fall within an elevated-risk area. Normal-risk areas are
expected to have sufficient resources under a broad range of assessed
conditions. The remaining three facilities fall within a normal-risk
area.
The 2024 LTRA provides a risk summary for the areas categorized
with an elevated risk.\14\ The risks for the MISO area (5 of the 11
facilities) were summarized as ``Uncertainty around new resource
additions and existing generator retirements results in resource
adequacy risks. Above-normal generator outages during extreme weather
can result in unserved energy or load loss.'' Additionally, NERC
determined that MISO's ``elevated risk'' classification may shift to
``high risk'' in the 2028-2031 timeframe, depending on new resource
additions/retirements.\15\ For the PJM area (2 of the 11 facilities),
the risks were summarized as ``Resource additions are not keeping up
with generator retirements and demand growth. Winter seasons replace
summer
[[Page 54616]]
as the higher-risk periods due to generator performance and fuel supply
issues.'' Finally, for the SPP area (1 of the 11 facilities), the risks
were summarized as ``Potential energy shortfalls during peak summer and
winter conditions arise from low wind conditions and natural gas fuel
risk.''
---------------------------------------------------------------------------
\14\ NERC, 2024 LTRA, Table 1.
\15\ NERC, ``Statement on NERC's 2024 Long-Term Reliability
Assessment,'' June 17, 2025, <a href="https://www.nerc.com/news/Pages/Statement-on-NERC%E2%80%99s-2024-Long-Term-Reliability-Assessment.aspx">https://www.nerc.com/news/Pages/Statement-on-NERC%E2%80%99s-2024-Long-Term-Reliability-Assessment.aspx</a>.
---------------------------------------------------------------------------
2. U.S. Department of Energy (DOE)
In July 2025, the DOE published a report titled ``Evaluating the
Reliability and Security of the United States Electric Grid'' to
evaluate U.S. electric grid reliability and security (``2025 DOE
Report'').\16\ The report highlights significant reliability risks
facing the nation's electrical grid due to current retirement schedules
and insufficient incremental additions. The report concludes that, if
current retirement schedules and incremental additions proceed as
anticipated, most regions will face unacceptable reliability risks
within five years and the Nation's electric power grid will be unable
to meet expected demand for artificial intelligence, data centers,
manufacturing, and industrialization while maintaining affordable and
reliable access to energy. The report identifies the retirement of
power-generating assets, particularly coal and natural gas sources, as
exacerbating resource adequacy issues, with 104 Gigawatts of firm
capacity slated for retirement by 2030. This capacity is not being
replaced equivalently, posing risks of outages during unfavorable
weather conditions for wind and solar generation. Even in the absence
of retirements, the DOE's model predicts a significant increase in
outage risks by 2030.
---------------------------------------------------------------------------
\16\ U.S. Department of Energy, ``Evaluating the Reliability and
Security of the United States Electric Grid,'' July 2025. This
report is available in the rulemaking docket for this action.
---------------------------------------------------------------------------
IV. Revised Deadline for Cessation of Operations and Unit Closure
A. Revision to Section 257.103(f)(2)(iv)(B)
This rule proposes to extend the regulatory deadline for owners and
operators that intend to cease coal-fired generation to complete the
closure of their unlined CCR surface impoundments larger than 40 acres.
Specifically, this deadline would be extended by three years, from
October 17, 2028, to October 17, 2031. See revised section
257.103(f)(2)(iv)(B). This rule change would provide regulatory
flexibility to allow placement of CCR in the affected impoundments, and
therefore coal-fired electricity generation, to continue at these
facilities for up to three additional years.
EPA is proposing this rule change in response to concerns that
retirement of coal-fired power generating assets is exacerbating the
resource adequacy problem. Given NERC's assessment that resource
adequacy risk may increase in the MISO area from ``elevated'' to
``high'' in the 2028-2031 period, the Agency is proposing a 3-year
extension to the deadline to cease placing waste in the relevant
impoundments. This extension would allow coal-fired generation to
continue for up to three additional years, specifically between 2028
and 2031 at these power plants. Furthermore, an extension of less than
three years (e.g., one year) would not address resource adequacy
concerns in the MISO area between 2028-2031. Currently EPA also lacks a
basis to extend the deadline for more than three years. The Agency
requests comment on the selected length of deadline extension and
whether it should be shorter or longer than the proposed three years.
This rule's proposed deadline extension is anticipated to impact
eleven Part A Rule facilities with unlined CCR surface impoundments
that are still operating pursuant to the alternative closure
requirements under section 257.103(f)(2). Five of these facilities fall
within the electric power market operated by MISO, two within PJM, and
one facility each in ERCOT, Northwest, Southwest, and SPP. As noted in
Section III.C., the majority (i.e., eight) of these facilities are
located in elevated-risk regions according to the 2024 LTRA.
This rule does not propose to revise the deadline for boiler
cessation and unit closure applicable to CCR surface impoundments 40
acres or smaller. Section 257.103(f)(2)(iv)(A) required the owners and
operators of these smaller impoundments both to cease operation of the
coal-fired boiler and complete closure of the CCR surface impoundment
no later than October 17, 2023. All of these CCR surface impoundments
have ceased receiving CCR and non-CCR waste streams and those
impoundments are no longer operating pursuant to the alternative
closure provisions under section 257.103(f)(2). Therefore, a similar 3-
year extension of the October 17, 2023, deadline would provide no
relief.
Based on the information presented in Unit III of this preamble,
EPA expects that most of the facilities with a pending Part A
demonstration would choose to continue operating their coal-fired
boiler(s) past their current anticipated closure date. The Agency
realizes that some facilities are unlikely to change their current
closure timelines because they are on schedule to cease operating coal-
fired boilers in the near future (e.g., Naughton), are required to
cease coal-fired generation by a specific date (e.g., Big Cajun II), or
have plans to transition to generating electricity from a different
fuel source (e.g., Intermountain, Coleto Creek). However, most
facilities operating under a pending Part A demonstration have the
capability of adjusting their unit closure timeframes, and EPA
anticipates that these facilities would continue to operate during the
proposed extended timeframe, thereby helping to mitigate potential
resource adequacy concerns.
Additionally, EPA notes that a separate Agency action issued under
the Clean Water Act proposes to extend the deadline for certain coal-
fired electric generating units planning to close in the future (90 FR
47693, October 2, 2025).\17\ If finalized as proposed this extension
would prevent premature closure due to other forcing mechanisms like
CWA regulatory requirements taking effect. In other words, the 11
facilities impacted by today's proposal should be able to avail
themselves of the 3-year extension proposed here without that timeframe
being cut short by other retirement deadlines. EPA is not aware of
other such broadly-applicable retirement deadlines that could
effectively cut short the extension being proposed today, but the
Agency requests public comment on any such complicating factors. Thus,
EPA expects that the proposed deadline extension would directly promote
resource adequacy by allowing most of the 11 facilities affected by
this proposal to continue to operate for up to three additional years.
---------------------------------------------------------------------------
\17\ This rulemaking, proposed under the CWA, would (among other
things) extend the date for existing steam electric power plants
that would seek to achieve permanent cessation of coal combustion by
December 31, 2034, to submit a notice of planned participation
(NOPP), allowing utilities additional time to assess evolving power
demand needed to inform operational planning and decision making.
---------------------------------------------------------------------------
In particular, EPA expects that extended coal-fired boiler
operation would address resource adequacy in the electric power markets
of MISO, SPP, and PJM. EPA estimates that continued operation of
boilers currently slated to close would result in approximately 3,200
MW of capacity remaining online for up to three additional years in
MISO. This additional capacity would address nearly 10% of the
generation capacity retirements anticipated for MISO by 2030.\18\ In
SPP, extended operation of
[[Page 54617]]
coal-fired facilities would maintain 1,056 MW of generating capacity
for up to three additional years, addressing about 14% of the
anticipated capacity retirements expected by 2030.\19\ Likewise, EPA
estimates that continued operation of the affected units in PJM would
preserve approximately 2,200 MW of capacity for up to three additional
years, which would offset about 13% of the anticipated retirements in
PJM by 2030.\20\
---------------------------------------------------------------------------
\18\ According to the 2025 DOE Report, MISO is anticipated to
experience retirement of 32,345 MW of generation capacity by 2030.
\19\ According to the 2025 DOE Report, MISO is anticipated to
experience retirement of 7,318 MW of generation capacity by 2030.
\20\ According to the 2025 DOE Report, PJM is anticipated to
experience retirement of 16,706 MW of generation capacity by 2030.
---------------------------------------------------------------------------
EPA requests public comment on the potential benefits and benefits
reductions of extending the alternative closure deadline as described
in this action. In particular, the Agency is soliciting feedback on the
potential for this action, if finalized, to address projected energy
supply shortages discussed in Unit III.C of this preamble, especially
for baseload and peak load reliability regionally. The Agency
anticipates that the additional flexibility created by allowing
operators subject to the provisions of section 257.103(f)(2)(iv)(B)
will result in extended operation of the associated coal-fired boilers
and delay the capacity reductions described in the DOE Report. However,
EPA requests public comment on the likelihood of this outcome, and
specifically requests further information regarding which operators are
likely to avail themselves of the additional three years to complete
closure of their unlined surface impoundment(s).
EPA also requests public input on the accuracy and recency of
information presented in Unit III of this preamble regarding the
facilities potentially impacted by this action. The facility-specific
summaries reflect the information presented in the 2020 Demonstrations
submitted by these facilities and information in their most recent
annual progress reports, most of which were prepared in around November
2024, but EPA realizes that plans may have changed since these files
were submitted and updated last.
B. Implementation Considerations of the Deadline Extension
The existing regulations require facilities operating pursuant to a
Part A Rule extension request to prepare an annual progress report.
Section 257.103(f)(2)(x). The purpose of the annual progress report is
to document the continued lack of alternative disposal capacity and the
progress towards the closure of the CCR surface impoundment. As stated
in the Part A Rule preamble, the annual progress report ``must include
any delays in the anticipated cease receipt of waste date and closure
completion date that was submitted in the demonstration materials.'' 85
FR 53550 (Aug. 28, 2020). Because the extended deadline will not
automatically be applied to all current extension requests, owners and
operators that will operate pursuant to the new extended deadline
should document that fact in their next annual progress report. Owners
and operators are not required to resubmit to EPA an updated
demonstration documenting the new extended deadline.
Facilities operating CCR surface impoundments pursuant to Section
257.103(f)(2) are currently subject to comprehensive regulations
requiring groundwater monitoring and, where necessary, remediation of
contaminated groundwater. These regulations detail the types of
groundwater monitoring systems required, sampling and analysis
requirements, detection monitoring programs, assessment monitoring
programs, assessment of corrective measures, selection of remedies, and
implementation of groundwater corrective action programs. See Sections
257.90-257.98. Any facility that will operate pursuant to the new
extended deadline in section 257.103(f)(2)(iv)(B) will continue to be
subject to these requirements to detect releases of CCR constituents of
concern and take action to remedy contamination when it exceeds
established health thresholds.
Furthermore, the regulations also required facilities to submit a
risk mitigation plan as part of their Part A demonstration. Section
257.103(f)(2)(v)(B). As stated in the Part A Rule, the risk mitigation
plan describes the measures that will be taken to expedite any required
corrective action to address any increased risk from continued
operation of the CCR surface impoundment, which EPA will review as part
of determining whether to grant the extension. If additional measures
to mitigate the risk are necessary to ensure that the statutory
standard is met, EPA will require those as a condition of granting the
extension. 85 FR 53548.
V. The Projected Economic Impact of This Action
A. Introduction
EPA estimated the costs and benefits of this action in a Regulatory
Impact Analysis (RIA), which is available in the docket for this
action.
B. Affected Universe
The universe of facilities units and facilities affected by this
proposed rule consists of CCR surface impoundments at coal fired
electric utility plants that currently qualify for an extension under
section 257.103(f)(2) based on their submission of a complete
demonstration to EPA in compliance with the provisions of the 2020 CCR
Part A Rule. EPA has identified 13 units at 11 facilities that may be
affected by this proposed rule.
C. Baseline Costs
The baseline costs of this action consist of costs related to the
closure of CCR surface impoundments in accordance with the requirements
of the 2015 CCR final rule by October 17, 2028, the deadline for
closure specified in the 2020 CCR Part A Rule.
D. Costs and Benefits of This Proposed Rule
This proposed rule is expected to result in cost savings from time
value of money impacts (i.e., the value of delaying expenses) from
conducting closure activities later than those activities would have
otherwise occurred. Affected units will now be able to complete closure
by October 17, 2031, an extension of 3 years. The estimated annualized
cost savings attributable to this proposed rule are approximately $7-12
million per year when discounting at 3% and $17-27 million per year
when discounting at 7%.
EPA also considered, but did not quantify, the potential effects of
this proposed rule on grid reliability and air emissions. This action
would enhance grid reliability by allowing a subset of coal-fired
boilers to continue to operate beyond their currently scheduled
retirement date. For a discussion of the potentially affected
facilities and electric power markets see section III.B of the
preamble. EPA expects the impact of this proposed rule on air emissions
to be marginal because the number of potentially affected facilities
who would be eligible for the extension and able to burn coal for an
additional three years represents a small subset of the overall fleet
of coal-fired generating units in the United States. Additional details
can be found in the RIA for this action.
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>.
[[Page 54618]]
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is a significant regulatory action as defined under
section 3(f)(1) of Executive Order 12866. Accordingly, it was submitted
to the Office of Management and Budget (OMB) for review. Any changes
made in response to E.O. 12866 review have been documented in the
docket. The EPA prepared an analysis of the potential costs and
benefits associated with this action. This analysis, ``Regulatory
Impact Analysis: Hazardous and Solid Waste Management System: Disposal
of Coal Combustion Residuals from Electric Utilities; Extension of an
Alternative Closure Requirement Deadline,'' is available in the docket
and is briefly summarized in Unit V of this preamble.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is expected to be an Executive Order 14192 deregulatory
action. Details on the estimated cost savings of this proposed 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 Information Collection Request covering the
information collection activities contained in the existing Disposal of
Coal Combustion Residuals From Electric Utilities ICR has been
submitted for OMB's approval under the temporary OMB control number
2050-0223.
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, 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 proposed rule does not change current
regulatory burdens, but rather just extends the timeline necessary to
meet them, which should reduce impacts on all affected facilities. The
rule relieves burden by extending the deadline for owners and operators
of coal boilers operating under a Part A demonstration to cease
operation and close their unlined CCR surface impoundment. 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 extending the
deadline for owners and operators of coal boilers operating under a
Part A demonstration to cease operation and close their unlined CCR
surface impoundment. 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 the EPA does not believe the environmental health or
safety risks addressed by this action present a disproportionate risk
to children. The 2020 Part A final rule required all units applying for
extensions to demonstrate full compliance with the applicable
provisions of the 2015 final CCR rule at 40 CFR 257 subpart D,
including all structural integrity, corrective action and other
requirements needed to safeguard human health and the environment.
Because all units potentially affected by this proposed rule are
subject to a Part A extension, it is unlikely that changes in closure
schedule under this proposed rule will have any specific impacts to
children's health. However, EPA's Policy on Children's Health applies
to this action. Information on how the Policy was applied is available
under ``Children's Environmental Health'' in the Supplementary
Information section of this preamble.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy. This proposed rule affords certain
facilities additional flexibility in the timing of the closure of their
coal-fired boilers and CCR disposal unit. Assuming that these
facilities are economically optimizing their operations, this
additional flexibility is not expected to result in any adverse impacts
or outcomes with regard to fuel supply or production, or energy costs.
The proposed rule, which reduces costs on a time value of money basis,
will not result in any adverse electricity price or energy market
impacts.
J. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
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 proposed to be 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. 257.103 by revising paragraph (f)(2)(iv)(B) to read as
follows:
[[Page 54619]]
Sec. 257.103 Alternative closure requirements.
* * * * *
(f) * * *
(2) * * *
(iv) * * *
(B) For a CCR surface impoundment that is larger than 40 acres, the
coal-fired boiler(s) must cease operation, and the CCR surface
impoundment must complete closure no later than October 17, 2031.
* * * * *
[FR Doc. 2025-21597 Filed 11-26-25; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 28, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.