R315-319-103. Closure and Post-Closure Care - Alternative Closure Requirements

  The owner or operator of a CCR landfill, CCR surface impoundment, or any lateral expansion of a CCR unit that is subject to closure pursuant to Subsection R315-319-101(a), (b)(1), or (d) may continue to receive CCR in the unit provided the owner or operator meets the requirements of either Subsection R315-319-103(a) or (b).

  (a)(1) No alternative CCR disposal capacity. Notwithstanding the provisions of Subsection R315-319-101(a), (b)(1), or (d), a CCR unit may continue to receive CCR if the owner or operator of the CCR unit certifies that the CCR shall continue to be managed in that CCR unit due to the absence of alternative disposal capacity both on-site and off-site of the facility. To qualify under Subsection R315-319-103(a)(1), the owner or operator of the CCR unit shall document that all of the following conditions have been met:

  (i) No alternative disposal capacity is available on-site or off-site. An increase in costs or the inconvenience of existing capacity is not sufficient to support qualification under Section R315-319-103;

  (ii) The owner or operator has made, and continues to make, efforts to obtain additional capacity. Qualification under this subsection lasts only as long as no alternative capacity is available. Once alternative capacity is identified, the owner or operator shall arrange to use such capacity as soon as feasible;

  (iii) The owner or operator shall remain in compliance with all other requirements of Sections R315-319-50 through 107, including the requirement to conduct any necessary corrective action; and

  (iv) The owner or operator shall prepare an annual progress report documenting the continued lack of alternative capacity and the progress towards the development of alternative CCR disposal capacity.

  (2) Once alternative capacity is available, the CCR unit shall cease receiving CCR and initiate closure following the timeframes in Subsections R315-319-102(e) and (f).

  (3) If no alternative capacity is identified within five years after the initial certification, the CCR unit shall cease receiving CCR and close in accordance with the timeframes in Subsections R315-319-102(e) and (f).

  (b)(1) Permanent cessation of a coal-fired boiler(s) by a date certain. Notwithstanding the provisions of Subsections R315-319-101(a), (b)(1), and (d), a CCR unit may continue to receive CCR if the owner or operator certifies that the facility will cease operation of the coal-fired boilers within the timeframes specified in Subsections R315-319-103(b)(2) through (4), but in the interim period, prior to closure of the coal-fired boiler, the facility shall continue to use the CCR unit due to the absence of alternative disposal capacity both on-site and off-site of the facility. To qualify under this Subsection R315-319-103(b)(1), the owner or operator of the CCR unit shall document that all of the following conditions have been met:

  (i) No alternative disposal capacity is available on-site or off-site. An increase in costs or the inconvenience of existing capacity is not sufficient to support qualification under Section R315-319-103.

  (ii) The owner or operator shall remain in compliance with all other requirements of Sections R315-319-50 through 107, including the requirement to conduct any necessary corrective action; and

  (iii) The owner or operator shall prepare an annual progress report documenting the continued lack of alternative capacity and the progress towards the closure of the coal-fired boiler.

  (2) For a CCR surface impoundment that is 40 acres or smaller, the coal-fired boiler shall cease operation and the CCR surface impoundment shall have completed closure no later than October 17, 2023.

  (3) For a CCR surface impoundment that is larger than 40 acres, the coal-fired boiler shall cease operation, and the CCR surface impoundment shall complete closure no later than October 17, 2028.

  (4) For a CCR landfill, the coal-fired boiler shall cease operation, and the CCR landfill shall complete closure no later than April 19, 2021.

  (c) Required notices and progress reports. An owner or operator of a CCR unit that closes in accordance with Subsection R315-319-103(a) or (b) shall complete the notices and progress reports specified in Subsections R315-319-103(c)(1) through (3).

  (1) Within six months of becoming subject to closure pursuant to Subsection R315-319-101(a), (b)(1), or (d), the owner or operator shall prepare and place in the facility's operating record a notification of intent to comply with the alternative closure requirements of Section R315-319-103. The notification shall describe why the CCR unit qualifies for the alternative closure provisions under either Subsection R315-319-103(a) or (b), in addition to providing the documentation and certifications required by Subsection R315-319-103(a) or (b).

  (2) The owner or operator shall prepare the periodic progress reports required by Subsection R315-319-103(a)(1)(iv) or (b)(1)(iii), in addition to describing any problems encountered and a description of the actions taken to resolve the problems. The annual progress reports shall be completed according to the following schedule:

  (i) The first annual progress report shall be prepared no later than 13 months after completing the notification of intent to comply with the alternative closure requirements required by Subsection R315-319-103(c)(1).

  (ii) The second annual progress report shall be prepared no later than 12 months after completing the first annual progress report. Additional annual progress reports shall be prepared within 12 months of completing the previous annual progress report.

  (iii) The owner or operator has completed the progress reports specified in Subsection R315-319-103(c)(2) when the reports are placed in the facility's operating record as required by Subsection R315-319-105(i)(10).

  (3) An owner or operator of a CCR unit shall also prepare the notification of intent to close a CCR unit as required by Subsection R315-319-102(g).

  (d) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in Subsection R315-319-105(i), the notification requirements specified in Subsection R315-319-106(i), and the Internet requirements specified in Subsection R315-319-107(i).