['Waste']
['Solid Waste']
11/03/2024
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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(a) CCR website requirement. Each owner or operator of a CCR unit subject to the requirements of this subpart must maintain a publicly accessible internet site (CCR website) containing the information specified in this section. The owner or operator's website must be titled “CCR Rule Compliance Data and Information.” The website must ensure that all information required to be posted is immediately available to anyone visiting the site, without requiring any prerequisite, such as registration or a requirement to submit a document request. All required information must be clearly identifiable and must be able to be immediately printed and downloaded by anyone accessing the site. If the owner/operator changes the web address (i.e., Uniform Resource Locator (URL)) at any point, they must notify EPA via the “contact us” form on EPA's CCR website and the state director within 14 days of making the change. The facility's CCR website must also have a “contact us” form or a specific email address posted on the website for the public to use to submit questions and issues relating to the availability of information on the website.
(b) CCR website for multiple CCR units or combined websites for multiple regulatory programs.
(1) An owner or operator of more than one CCR unit subject to the provisions of this subpart may comply with the requirements of this section by using the same internet site for multiple CCR units provided the CCR website clearly delineates information by the name or identification number of each unit.
(2) An owner or operator may maintain one website combining the postings required under this subpart with the postings required by other regulatory programs (e.g., the “ELG Rule Compliance Data and Information” website required pursuant to §423.19 of this chapter), provided the postings required for each regulatory program are delineated under a separate heading on the website.
(c) Document retention on a CCR website. Unless otherwise required in this section, the information required to be posted to the CCR website must be made available to the public for at least five years following the date on which the information was first posted to the CCR website.
(d) Website posting deadline after placement in operating record. Unless otherwise required in this section, the information must be posted to the CCR website within 30 days of placing the pertinent information required by §257.105 in the operating record.
(e) Location restrictions. The owner or operator of a CCR unit subject to this subpart must place each demonstration specified under §257.105(e) on the owner or operator's CCR website except each location restrictions demonstration must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) irrespective of the time requirement specified in paragraph (c) of this section.
(f) Design criteria. The owner or operator of a CCR unit subject to this subpart must place the following information on the owner or operator's CCR website:
(1) Within 60 days of commencing construction of a new unit, the design certification specified under §257.105(f)(1) or (3), except each certification must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(2) No later than the date of initial receipt of CCR by a new CCR unit, the construction certification specified under §257.105(f)(1) or (3), except each certification must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g), or until the liner is removed irrespective of the time requirement specified in paragraph (c) of this section, whichever is later.
(3) The documentation of liner type specified under §257.105(f)(2), except each document must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g), or until the liner is removed irrespective of the time requirement specified in paragraph (c) of this section, whichever is later.
(4) The initial and periodic hazard potential classification assessments specified under §257.105(f)(5), except only the two most recent hazard potential classification assessments must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(5) The emergency action plan (EAP) specified under §257.105(f)(6), except that only the most recent EAP must be maintained on the CCR website irrespective of the time requirement specified in paragraph (c) of this section.
(6) Documentation prepared by the owner or operator recording the annual face-to-face meeting or exercise between representatives of the owner or operator of the CCR unit and the local emergency responders specified under §257.105(f)(7), except only the most recent documentation must be posted on the CCR website irrespective of the time requirement specified in paragraph (c) of this section.
(7) Documentation prepared by the owner or operator recording any activation of the emergency action plan specified under §257.105(f)(8); if no activation in the last five years, documentation that includes that information irrespective of the time requirement specified in paragraph (c) of this section.
(8) The history of construction, and any revisions of it, specified under §257.105(f)(9), except the history of constructions, and any revisions of it, must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(9) The initial and periodic structural stability assessments specified under §257.105(f)(10), except only the two most recent structural stability assessments must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(10) The documentation detailing the corrective measures taken to remedy the deficiency or release specified under §257.105(f)(11), except each document must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(11) The initial and periodic safety factor assessments specified under §257.105(f)(12), except only the two most recent safety factor assessments must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(12) The design and construction plans, and any revisions of them, specified under §257.105(f)(13), except each plan must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(13) The application and any supplemental materials submitted in support of the application specified under §257.105(f)(14), except each application must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(14) The alternative liner demonstration specified under §257.105(f)(15).
(15) The alternative liner demonstration specified under §257.105(f)(16).
(16) The documentation prepared for the preliminary demonstration specified under §257.105(f)(17).
(17) The notification of an incomplete application specified under §257.105(f)(18).
(18) The decision on the application specified under §257.105(f)(19), except each decision must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(19) The final decision on the alternative liner demonstration specified under §257.105(f)(20).
(20) The alternative source demonstration specified under §257.105(f)(21).
(21) The final decision on the alternative source demonstration specified under §257.105(f)(22).
(22) The final decision on the trend analysis specified under §257.105(f)(23).
(23) The decision that the alternative source demonstration has been withdrawn specified under §257.105(f)(24).
(24) The facility evaluation report part 1 as specified under §257.105(f)(25), except each report must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(25) The facility evaluation report part 2 as specified under §257.105(f)(26), except each report must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(g) Operating criteria. The owner or operator of a CCR unit subject to this subpart must place the following information on the owner or operator's CCR website:
(1) The CCR fugitive dust control plan, or any subsequent amendment of the plan, specified under §257.105(g)(1) except that only the most recent plan must be maintained on the CCR website irrespective of the time requirement specified in paragraph (c) of this section until the last CCR unit at the facility completes closure by removal in accordance with §257.102(c) or completes post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(2) The annual CCR fugitive dust control report specified under §257.105(g)(2). Each report must be posted for the duration specified in paragraph (c) of this section, except that the final report must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(3) The initial and periodic run-on and run-off control system plans specified under §257.105(g)(3), except each plan must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(4) The initial and periodic inflow design flood control system plans specified under §257.105(g)(4), except each plan must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(5) The periodic inspection reports specified under §257.105(g)(6). Each report must be posted for the duration specified in paragraph (c) of this section, except that the final report must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(6) The documentation detailing the corrective measures taken to remedy the deficiency or release specified under §257.105(g)(7). Each report must be posted for the duration specified in paragraph (c) of this section, except that the final documentation must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(7) The periodic inspection reports specified under §257.105(g)(9). Each report must be posted for the duration specified in paragraph (c) of this section, except that the final report must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(h) Groundwater monitoring and corrective action. The owner or operator of a CCR unit subject to this subpart must place the following information on the owner or operator's CCR website:
(1) The annual groundwater monitoring and corrective action report specified under §257.105(h)(1). Each report must be posted for the duration specified in paragraph (c) of this section, except that the final report must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(2) The groundwater monitoring system certification specified under §257.105(h)(3), except each certification must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(3) The selection of a statistical method certification specified under §257.105(h)(4), except each certification must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(4) The notification that an assessment monitoring programs has been established specified under §257.105(h)(5).
(5) The notification that the CCR unit is returning to a detection monitoring program specified under §257.105(h)(7).
(6) The notification that one or more constituents in appendix IV to this part have been detected at statistically significant levels above the groundwater protection standard and the notifications to land owners specified under §257.105(h)(8).
(7) The notification that an assessment of corrective measures has been initiated specified under §257.105(h)(9).
(8) The assessment of corrective measures specified under §257.105(h)(10), except each assessment must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(9) The semiannual reports describing the progress in selecting and designing remedy and the selection of remedy report specified under §257.105(h)(12), except that the selection of the remedy report must be maintained until the remedy has been completed.
(10) The notification that the remedy has been completed specified under §257.105(h)(13), except each notification must be posted for five years after completion of the remedy selected pursuant to in §257.97 irrespective of the time requirement specified in paragraph (c) of this section.
(11) The demonstration supporting the suspension of groundwater monitoring requirements specified under §257.105(h)(14), except each demonstration must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(i) Closure and post-closure care. The owner or operator of a CCR unit subject to this subpart must place the following information on the owner or operator's CCR website:
(1) The notification of intent to initiate closure of the CCR unit specified under §257.105(i)(1).
(2) The annual progress reports of closure implementation specified under §257.105(i)(2).
(3) The notification of closure completion specified under §257.105(i)(3).
(4) The written closure plan, and any amendment of the plan, specified under §257.105(i)(4), except that only the most recent closure plan must be posted on the CCR website irrespective of the time requirement specified in paragraph (c) of this section and each closure plan must be maintained for five years after completion of closure by removal in accordance with §257.102(c)(1) or completion of post-closure care in accordance with §257.104(e) irrespective of the time requirement specified in paragraph (c) of this section.
(5) The demonstration(s) for a time extension for initiating closure specified under §257.105(i)(5), except each demonstration must be posted until notice of completion of closure is placed in the operating record in accordance with §257.102(h) irrespective of the time requirement specified in paragraph (c) of this section.
(6) The demonstration(s) for a time extension for completing closure specified under §257.105(i)(6), except each demonstration must be posted for five years after completion of closure in accordance with §257.102(c) or (d) irrespective of the time requirement specified in paragraph (c) of this section.
(7) The notification of intent to close a CCR unit specified under §257.105(i)(7), except each notification must be posted for five years after completion of closure in accordance with §257.102(c) or (d) irrespective of the time requirement specified in paragraph (c) of this section.
(8) The notification of completion of closure of a CCR unit specified under §257.105(i)(8), except each notification must be posted for five years after completion of closure by removal in accordance with §257.102(c)(1) or completion of post-closure care in accordance with §257.104(e) irrespective of the time requirement specified in paragraph (c) of this section.
(9) The notification recording a notation on the deed as required by §257.105(i)(9), except each notification must be posted for five years after completion of post-closure care in accordance with §257.104(e) irrespective of the time requirement specified in paragraph (c) of this section.
(10) The notification of intent to comply with the alternative closure requirements as required by §257.105(i)(10), except the notification must be posted for five years after completion of closure in accordance with §257.102(c) or (d) irrespective of the time requirement specified in paragraph (c) of this section.
(11) The annual progress reports under the alternative closure requirements as required by §257.105(i)(11), except the notification must be posted for five years after completion of closure in accordance with §257.102(c) or (d) irrespective of the time requirement specified in paragraph (c) of this section.
(12) The written post-closure plan, and any amendment of the plan, specified under §257.105(i)(12), except that only the most recent post-closure plan must be maintained for five years after completion of post-closure care in accordance with §257.104(e) irrespective of the time requirement specified in paragraph (c) of this section.
(13) The notification of completion of post-closure care specified under §257.105(i)(13), except that only the most recent post-closure plan must be maintained for five years after completion of post-closure care in accordance with §257.104(e) irrespective of the time requirement specified in paragraph (c) of this section.
(14) The notification of intent to comply with the site-specific alternative to initiation of closure due to development of alternative capacity infeasible as specified under §257.105(i)(14), except each notification must be posted for five years after completion of closure by removal in accordance with §257.102(c)(1) or completion of post-closure care in accordance with §257.104(e) irrespective of the time requirement specified in paragraph (c) of this section.
(15) The approved or denied demonstration for the site-specific alternative to initiation of closure due to development of alternative capacity infeasible as required by as specified under §257.105(i)(15), except each approval or denial must be maintained for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(16) The notification for requesting additional time to the alternative cease receipt of waste deadline as required by §257.105(i)(16), except the notification must be maintained for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(17) The semi-annual progress reports for the site-specific alternative to initiation of closure due to development of alternative capacity infeasible as specified under §257.105(i)(17), except the progress report must be maintained for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(18) The notification of intent to comply with the site-specific alternative to initiation of closure due to permanent cessation of a coal-fired boiler(s) by a date certain as specified under §257.105(i)(18), except the notification must be maintained for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(19) The approved or denied demonstration for the site-specific alternative to initiation of closure due to permanent cessation of a coal-fired boiler(s) by a date certain as required by §257.105(i)(19), except the approval or denial must be maintained for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(20) The annual progress report for the site-specific alternative to initiation of closure due to permanent cessation of a coal-fired boiler(s) by a date certain as required by §257.105(i)(20), except the progress reports must be maintained for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(j) Retrofit criteria. The owner or operator of a CCR unit subject to this subpart must place the following information on the owner or operator's CCR website:
(1) The written retrofit plan, and any amendment of the plan, specified under §257.105(j)(1).
(2) The notification of intent to comply with the alternative retrofit requirements as required by §257.105(j)(2).
(3) The annual progress reports under the alternative retrofit requirements as required by §257.105(j)(3).
(4) The demonstration(s) for a time extension for completing retrofit activities specified under §257.105(j)(4).
(5) The notification of intent to retrofit a CCR unit specified under §257.105(j)(5).
(6) The notification of completion of retrofit activities specified under §257.105(j)(6).
(k) Legacy CCR surface impoundments. In addition to the information specified in paragraphs (e) through (j) of this section, the owner or operator of a legacy CCR surface impoundment subject to this subpart must place the following information on the owner or operator's CCR website:
(1) The applicability report as specified under §257.105(k)(1), except each report must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(2) The applicability extension reports as specified under §257.105(k)(2), except each report must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(3) The notification of field investigation conclusion as specified under §257.105(k)(3), except each notification must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
(4) The notification of intent to certify closure as specified under §257.105(k)(4), except each notification must be posted for five years after completion of closure by removal in accordance with §257.102(c) or until completion of post-closure care in accordance with §257.104(e) or (g) irrespective of the time requirement specified in paragraph (c) of this section.
[80 FR 21499, April 17, 2015; 83 FR 36456, July 30, 2018; 85 FR 53566, Aug. 28, 2020; 85 FR 72543, Nov. 12, 2020; 89 FR 39118, May 8, 2024]
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