The Environmental Protection Agency on July 17 issued a direct final rule and companion proposal to extend the compliance deadlines for owners and operators to comply with the facility evaluation report part 1 and compliance deadlines for the coal combustion residual management (CCR) unit provisions in the 2024 final Legacy CCR rule.
The direct final rule and companion proposal are available on EPA’s CCR website.
There will be a 30-day comment period on the proposed changes. The direct final rule will be effective six months after publication in the Federal Register unless EPA receives adverse comments. If necessary, and before the effective date, EPA will withdraw provisions that receive adverse comments.
The EPA is providing facility operators with more options for completing their required FERs. The Legacy CCR rule currently requires FER Part 1 and FER Part 2 to be completed in two consecutive steps. Each part has separate deadlines.
Facilities can now choose to prepare both FER Parts 1 and 2 concurrently (at the same time). If choosing this option, both reports must be submitted by the current FER Part 2 deadline -- February 8, 2027.
What hasn't changed is that the FER Part 2 deadline remains February 8, 2027, FER Part 1 is still required (not eliminated) and facilities can still use the original consecutive approach if preferred.
This change provides operational flexibility while maintaining the exact reporting requirements and final deadline, allowing facilities to choose the preparation approach that works best for their circumstances, APPA noted.
EPA Extends Coal Ash Groundwater Monitoring Deadline
The EPA is granting CCRMUs additional time to comply with groundwater monitoring requirements. The original deadline was May 8, 2028, and the proposed new deadline is August 8, 2029 – a 15-month extension.
Requirements that must be completed by the new deadline are as follows:
• Design and install groundwater monitoring systems
• Develop groundwater sampling and analysis plans
• Collect eight independent samples
• Begin detection and assessment monitoring
This extension applies to the groundwater monitoring provisions under regulation § 257.90, giving facility owners and operators additional time to meet these environmental compliance requirements.
EPA Adjusts Other Related Coal Ash Compliance Deadlines
The EPA is making coordinated changes to other CCRMU deadlines to align with previously extended requirements.
EPA is proposing these other changes because the FER is a prerequisite for all other CCRMU requirements; groundwater monitoring must be completed before closure and post-closure planning can begin; and this creates a chain of dependencies where delays in early requirements necessitate adjustments to later deadlines.
Key Changes:
• Public CCR Website Establishment: Originally tied to the first reporting requirement (FER Part 1)
• New Flexible Deadline Options:
o February 9, 2026, or
o February 8, 2027
o The chosen deadline corresponds to when the facility owner/operator completes FER Part 1
The EPA references Table 1 for a complete list of the conforming deadline changes, ensuring all requirements remain properly sequenced.
EPA Free Liquid Memorandum
Additionally, EPA on July 17 said it is issuing a memorandum to the Regional Land, Chemical, and Redevelopment Division Directors to address confusion among the regulated community over a document in the docket for the final Legacy CCR Surface Impoundments and CCR Management Units Final Rule, “Memorandum: Considerations for the Identification and Elimination of Free Liquids in Coal Combustion Residuals (CCR) Surface Impoundments and Landfills (40 CFR Part 257, Subpart D) April 19, 2024” (Free Liquids Memorandum).”
This memo clarifies that the “Free Liquids Memorandum” does not impose legally binding requirements on EPA, states, or the regulated community. However, EPA has not withdrawn the “Free Liquid Memorandum” as some in the utility sectors had requested.
EPA wrote the Free Liquids Memorandum to provide regulated entities with information on available methods for determining whether free liquids are present in CCR units.
The EPA notes that States and regulated entities are not required to adopt any of the methods, recommendations, or statements contained in the Free Liquids Memorandum.
