EPA delays CCR management unit reporting, related requirements

The Environmental Protection Agency (EPA) issued a final rule that extends the deadlines for Facility Evaluation Reports (FERs) required for active and inactive coal combustion residuals (CCR) facilities. The final rule also delays compliance deadlines for related requirements that apply to CCR facilities with CCR management units (CCRMUs).

Who’s impacted?

The final rule applies to:

• Active CCR facilities, and
• Inactive CCR facilities with inactive surface impoundments (i.e., legacy CCR surface impoundments).

The 2024 Legacy Final Rule (40 CFR Part 257 Subpart D) requires active CCR facilities and legacy CCR surface impoundments to submit FER Part 1 and FER Part 2, identifying any CCRMUs of 1 ton or more on-site. CCRMUs include previously unregulated CCR surface impoundments and landfills that closed before October 19, 2015, as well as inactive CCR landfills.

Additionally, the 2024 Legacy Final Rule requires facilities with CCRMUs to:

• Establish a website to publicize the facility’s CCR information;
• Conduct groundwater monitoring activities (specifically, install a groundwater monitoring system, develop a sampling and analysis plan, collect independent samples, and perform detection and assessment monitoring);
• Submit the initial annual groundwater monitoring and corrective action (GWMCA) report; and
• Comply with closure and post-closure care obligations.

What are the changes?

EPA’s final rule extends compliance deadlines for the following standards:

Compliance requirement(s)	2024 Legacy Final Rule deadline	2026 final rule new deadline
Establish CCR website	February 9, 2026	February 9, 2027
Submit FER Part 1	February 9, 2026	February 9, 2027
Submit FER Part 2	February 8, 2027	February 8, 2028
Install groundwater monitoring system	May 8, 2028	February 10, 2031
Develop groundwater sampling and analysis program	May 8, 2028	February 10, 2031
Start detection and assessment monitoring Start evaluating groundwater monitoring data for statistically significant increases over background levels and statistically significant levels over groundwater protection standards	May 8, 2028	February 10, 2031
Submit initial GWMCA report	January 31, 2029	January 31, 2032
Submit closure plan	November 8, 2028	August 11, 2031
Submit post-closure care plan	November 8, 2028	August 11, 2031
Initiate closure	May 8, 2029	February 9, 2032

Key to remember: A final rule delays the deadlines for the Facility Evaluation Reports and related requirements for active and inactive coal combustion residuals (CCR) facilities with CCR management units.