Coal Combustion Residuals (CCR) Part B Implementation
The CCR Part B Final Rule, published on November 12, 2020, allowed a limited number of facilities to demonstrate to EPA or a Participating State Director that, based on groundwater data and the design of a particular surface impoundment, the unit has and will continue to ensure there is no reasonable probability of adverse effects to human health and the environment. The regulations state that facilities had until November 30, 2020 to submit applications to EPA for approval, but since the effective date for the final rule was December 14, 2020, EPA accepted revisions or applications until December 14, 2020. EPA is updating this webpage with the current status of the demonstrations received in the table below.
This information is current as of 2/28/2023
On this page:
- EPA's Review of Submitted Demonstrations
- How to Submit Comments
- Facilities that Have Submitted Demonstrations for Alternate Liners
- Information about the November 30, 2021 deadline
- EPA Contact Information
EPA's Review of Submitted Demonstrations
On January 11, 2022, EPA determined that the seven applications were complete and one facility withdrew its application. Another facility withdrew its application in the fall of 2022.
EPA Proposed Six Determinations
On January 25, 2023, EPA proposed determinations on six Part B demonstrations. All six proposals are proposed denials. The comment periods began on February 8, 2023, when the proposed determinations were posted in Regulations.gov. EPA extended the comment period deadline to April 10, 2023. Access the proposed determinations in the memos opening the dockets for public comments:
- Belle River Power Plant, China Township, Michigan.
- Coal Creek Station in Underwood, North Dakota.
- Conemaugh Generating Station in New Florence, Pennsylvania.
- Coronado Generating Station in St. Johns, Apache County, Arizona.
- Martin Lake Steam Electric Station in Tatum, Texas.
- Monroe Power Plant, Monroe, Michigan.
How to Submit Comments
EPA set up a separate docket in Regulations.gov for each of the proposed determinations and is collecting comments through that website. To submit comments on a proposed determination, please click the Comment button that is associated with the “Memo Opening Docket for Comment Period”. Direct links to the memos in the dockets can be found above. Links to dockets where you can find other associated documents are in the tables below. The comment period start and end dates for the determinations are also below.
Facilities that Have Submitted Alternate Liner Demonstrations
|Facility Name||Location||Received by EPA on||Current Status||Status updated on||Facility Website||Docket / Correspondence||Comment Period Start Date||Comment Period End Date|
|Conemaugh||Pennsylvania||12/7/2020||Complete, Proposed Denial||1/25/2023||Website||EPA-HQ-OLEM-2021-0281||2/8/2023||4/10/2023|
|Martin Lake||Texas||11/25/2020||Complete, Proposed Denial||1/25/2023||Website||EPA-HQ-OLEM-2021-0284||2/8/2023||4/10/2023|
|Coronado||Arizona||11/30/2020||Complete, Proposed Denial||1/25/2023||Website||EPA-HQ-OLEM-2021-0285||2/8/2023||4/10/2023|
|Monroe||Michigan||11/30/2020||Complete, Proposed Denial||1/25/2023||Website||EPA-HQ-OLEM-2021-0283||2/8/2023||4/10/2023|
|Belle River||Michigan||11/30/2020||Complete, Proposed Denial||1/25/2023||Website||EPA-HQ-OLEM-2021-0282||2/8/2023||4/10/2023|
|Coal Creek||North Dakota||11/30/2020||Complete, Proposed Denial||1/25/2023||Website||EPA-HQ-OLEM-2021-0280||2/8/2023||4/10/2023|
|Apache||Arizona||11/30/2020||Withdrawn||1/25/2023||Website||Letter dated 1/25/2023 (pdf) (272 KB)||Not applicable||Not applicable|
|Brame Energy Center||Louisiana||12/14/2020||Withdrawn||10/20/2021||Website||Not applicable||Not applicable||Not applicable|
Information about the November 30, 2021 Deadline
Under the Part B rule, facilities with an approved application to conduct an alternative liner demonstration have until November 30, 2021 to conduct the work and submit that demonstration. As EPA has not yet issued approvals and denials for submitted Part B applications, the time to conduct the demonstration work is narrowing, such that a facility may have difficulty completing the demonstration in the time between an approval and the November 30, 2021 deadline. Below is a frequent question about this deadline:
Question: Does the delay in EPA’s issuing decisions make it such that facilities will need to perform the work for a demonstration without knowledge of whether their applications are approved or denied?
Response: EPA is aware of this issue, which has arisen as a result of unanticipated delays in making determinations on the Part B applications that have been submitted. EPA is weighing possible solutions to this issue and intends to take actions to ensure that any facility approved to conduct a demonstration has the same amount of time anticipated by the current regulation to initiate and complete the demonstration after an approval.
EPA Contact Information
If you have any questions regarding demonstration package submissions, contact:
Richard Huggins at Huggins.Richard@epa.gov or 202-566-0543
Mary Jackson at Jackson.Mary@epa.gov or 202-566-0552
Michelle Lloyd at Lloyd.Michelle@epa.gov or 202-566-0560
Jason Mills at Mills.Jason@epa.gov or 202-566-0215