['Water Programs']
['Point Sources']
08/19/2024
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[Editor’s Note: This section is revised effective July 8, 2024.][New Text]
(a) Discharges subject to this part must comply with the following additional reporting requirements.
(b) Signature and certification. Unless otherwise provided below, all certifications and recertifications required in this part must be signed and certified pursuant to 40 CFR 122.22 for direct dischargers or 40 CFR 403.12(l) for indirect dischargers.
(c) Requirements for facilities discharging bottom ash transport water pursuant to §423.13(k)(2)(i) or 423.16(g)(2)(i).
(1) Initial Certification Statement. For sources seeking to discharge bottom ash transport water pursuant to §423.13(k)(2)(i) or 423.16(g)(2)(i), an initial certification shall be submitted to the permitting authority by the as soon as possible date determined under §423.11(t), or the control authority by October 13, 2023 in the case of an indirect discharger.
(2) Signature and certification. The certification statement must be signed and certified by a professional engineer.
(3) Contents. An initial certification shall include the following:
(A) A statement that the professional engineer is a licensed professional engineer.
(B) A statement that the professional engineer is familiar with the regulation requirements.
(C) A statement that the professional engineer is familiar with the facility.
(D) The primary active wetted bottom ash system volume in §423.11(aa).
(E) Material assumptions, information, and calculations used by the certifying professional engineer to determine the primary active wetted bottom ash system volume.
(F) A list of all potential discharges under §423.13(k)(2)(i)(A)(1) through (4) or §423.16(g)(2)(i)(A) through (D), the expected volume of each discharge, and the expected frequency of each discharge.
(G) Material assumptions, information, and calculations used by the certifying professional engineer to determine the expected volume and frequency of each discharge including a narrative discussion of why such water cannot be managed within the system and must be discharged.
(H) A list of all wastewater treatment systems at the facility currently, or otherwise required by a date certain under this section.
(I) A narrative discussion of each treatment system including the system type, design capacity, and current or expected operation.
(d) Requirements for a bottom ash best management practices plan.
(1) Initial and annual certification statement. For sources required to develop and implement a best management practices plan pursuant to §423.13(k)(3), an initial certification shall be made to the permitting authority with a permit application or within two years of October 13, 2021, whichever is later, or to the control authority no later than October 13, 2023 in the case of an indirect discharger, and an annual recertification shall be made to the permitting authority, or control authority in the case of an indirect discharger, within 60 days of the anniversary of the original plan.
(2) Signature and certification. The certification statement must be signed and certified by a professional engineer.
(3) Contents for initial certification. An initial certification shall include the following:
(A) A statement that the professional engineer is a licensed professional engineer.
(B) A statement that the professional engineer is familiar with the regulation requirements.
(C) A statement that the professional engineer is familiar with the facility.
(D) The best management practices plan.
(E) A statement that the best management practices plan is being implemented.
(4) Additional contents for annual certification. In addition to the required contents of the initial certification in paragraph (c)(3) of this section an annual certification shall include the following:
(A) Any updates to the best management practices plan.
(B) An attachment of weekly flow measurements from the previous year.
(C) The average amount of recycled bottom ash transport water in gallons per day.
(D) Copies of inspection reports and a summary of preventative maintenance performed on the system.
(E) A statement that the plan and corresponding flow records are being maintained at the office of the plant.
(e) Requirements for low utilization electric generating units.
(1) Notice of Planned Participation. For sources seeking to qualify as a low utilization electric generating units, a Notice of Planned Participation shall be submitted to the permitting authority or control authority no later than October 13, 2021.
(2) Contents. A Notice of Planned Participation shall identify the potential low utilization electric generating unit. The notice shall also include a statement of at least two years' capacity utilization rating data for the most recent two years of operation of each low utilization electric generating unit and a statement that the facility has a good faith belief that each low utilization electric generating unit will continue to operate at the required capacity utilization rating. Where the most recent capacity utilization rating does not meet the low utilization electric generating unit requirement, a discussion of the projected future utilization shall be provided, including material data and assumptions used to make that projection.
(3) Initial and annual certification statement. For sources seeking to qualify as a low utilization electric generating unit under this part, an initial certification shall be made to the permitting authority, or to the control authority in the case of an indirect discharger, no later than December 31, 2023, and an annual recertification shall be made to the permitting authority, or control authority in the case of an indirect discharger, within 60 days of submitting annual electricity production data to the Energy Information Administration.
(4) Contents. A certification or annual recertification shall be based on the information submitted to the Energy Information Administration and shall include copies of the underlying forms submitted to the Energy Information Administration, as well as any supplemental information and calculations used to determine the two year average annual capacity utilization rating.
(f) Requirements for units that will achieve permanent cessation of coal combustion by December 31, 2028.
(1) Notice of Planned Participation. For sources seeking to qualify as an electric generating unit that will achieve permanent cessation of coal combustion by December 31, 2028, under this part, a Notice of Planned Participation shall be made to the permitting authority, or to the control authority in the case of an indirect discharger, no later than June 27, 2023.
(2) Contents. A Notice of Planned Participation shall identify the electric generating units intended to achieve the permanent cessation of coal combustion. A Notice of Planned Participation shall include the expected date that each electric generating unit is projected to achieve permanent cessation of coal combustion, whether each date represents a retirement or a fuel conversion, whether each retirement or fuel conversion has been approved by a regulatory body, and what the relevant regulatory body is. The Notice of Planned Participation shall also include a copy of the most recent integrated resource plan for which the applicable state agency approved the retirement or repowering of the unit subject to the ELGs, certification of electric generating unit cessation under 40 CFR 257.103(b), or other documentation supporting that the electric generating unit will permanently cease the combustion of coal by December 31, 2028. The Notice of Planned Participation shall also include, for each such electric generating unit, a timeline to achieve the permanent cessation of coal combustion. Each timeline shall include interim milestones and the projected dates of completion.
(3) Annual Progress Report. Annually after submission of the Notice of Planned Participation in paragraph (f)(1) of this section, a progress report shall be filed with the permitting authority, or control authority in the case of an indirect discharger.
(4) Contents. An Annual Progress Report shall detail the completion of any interim milestones listed in the Notice of Planned Participation since the previous progress report, provide a narrative discussion of any completed, missed, or delayed milestones, and provide updated milestones.
(g) Requirements for facilities seeking the protections of §423.18.
(1) Certification statement. For sources seeking to apply the protections of the permit conditions in paragraph §423.18, and for each instance that §423.18 is applied, a one-time certification shall be submitted to the permitting authority, or control authority in the case of an indirect discharger, no later than:
(A) In the case of an order or agreement under §423.18(a)(1), 30 days from receipt of the order or agreement attached pursuant to paragraph (g)(2)(B) of this section; or
(B) In the case of an “Emergency” or “Major Disaster” under §423.18(a)(2), 30 days from the date that a load balancing need arose.
(2) Contents. A certification statement must include the following:
(A) The qualifying event from the list in §423.18(a), the individual or entity that issued or triggered the event, and the date that such an event was issued or triggered.
(B) A copy of any documentation of the qualifying event from the individual or entity listed under paragraph (g)(2)(A) of this section, or, where such documentation does not exist, other documentation with indicia of reliability for the permitting authority to confirm the qualifying event.
(C) An analysis and accompanying narrative discussion which demonstrates that a electric generating unit would have qualified for the subcategory at issue absent the event detailed in paragraph (g)(2)(A), including the material data, assumptions, and methods used.
(3) Termination of need statement. For sources filing a certification statement under paragraph (g)(1) above, and for each such certification statement, a one-time termination of need statement shall be submitted to the permitting authority, or control authority in the case of an indirect discharger, no later than 30 days from when the source is no longer subject to increased production from the qualifying event.
(4) Contents. A termination of need statement must include a narrative discussion including the date the qualifying event terminated, or if it has not terminated, why the source believes the capacity utilization will no longer be elevated to a level requiring the protection of §423.18.
(h) Requirements for facilities voluntarily meeting the limits in 423.13(g)(3)(i).
(1) Notice of Planned Participation. For sources opting to comply with the Voluntary Incentives Program requirements of section 423.13(g)(3)(i) by December 31, 2028, a Notice of Planned Participation shall be made to the permitting authority no later than October 13, 2021.
(2) Contents. A Notice of Planned Participation shall identify the facility opting to comply with the Voluntary Incentives Program requirements of 423.13(g)(3)(i), specify what technology or technologies are projected to be used to comply with those requirements, and provide a detailed engineering dependency chart and accompanying narrative demonstrating when and how the system(s) and any accompanying disposal requirements will be achieved by December 31, 2028.
(3) Annual progress report. After submission of the Notice of Planned Participation in paragraph (h)(1), a progress report shall be filed with the permitting authority, or control authority in the case of an indirect discharger.
(4) Contents. An Annual Progress Report shall detail the completion of interim milestones presented in the engineering dependency chart from the Notice of Planned Participation since the previous progress report, provide a narrative discussion of completed, missed, or delayed milestones, and provide updated milestones.
(5) Rollover certification. Where, prior to the effective date, a discharger has already provided a notice to the permitting authority of opting to comply with the Voluntary Incentives Program requirements of §423.13(g)(i), such notice will satisfy paragraph (h)(1) of this section. However, where details required by (h)(2) of this sectionwere missing from the previously provided notice, those details must be provided in the first Annual Progress Report, no later than October 13, 2021.
(i) Requirements for facilities seeking to transfer between applicable limitations in a permit under §423.13(o).
(1) Notice of Planned Participation. For sources which have filed a Notice of Planned Participation under paragraphs (e)(1), (f)(1), or (h)(1) of this section and intend to make changes that would qualify them for a different set of requirements under §423.13(o), a Notice of Planned Participation shall be made to the permitting authority, or to the control authority in the case of an indirect discharger, no later than the dates stated in §423.13(o)(1).
(2) Contents. A Notice of Planned Participation shall include a list of the electric generating units for which the source intends to change compliance alternatives. For each such electric generating unit, the notice shall list the specific provision under which this transfer will occur, the reason such a transfer is warranted, and a narrative discussion demonstrating that each electric generating unit will be able to maintain compliance with the relevant provisions.
(j) Notice of material delay. (1) Notice. Within 30 days of experiencing a material delay in the milestones set forth in paragraphs (f)(2) or (h)(2) of this section and where such a delay may preclude permanent cessation of coal combustion or compliance with the voluntary incentives program limitations by December 31, 2028, a facility shall file a notice of material delay with the permitting authority, or control authority in the case of an indirect discharger.
(2) Contents. The contents of such a notice shall include the reason for the delay, the projected length of the delay, and a proposed resolution to maintain compliance.
[85 FR 64721, Oct. 13, 2020; 88 FR 18440, March 29, 2023; 89 FR 40303, May 9, 2024]
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