Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4635 

(3) assessed or enforced pursuant to an 

administrative proceeding or a civil 

action in the Federal courts. 

The Inflation Adjustment Act, as 

amended, requires agencies to adjust 

civil monetary penalties by the inflation 

adjustment described in section 5 of the 

Inflation Adjustment Act. The Act also 

provides that any increase in a civil 

monetary penalty shall apply only to 

civil monetary penalties, including 

those whose associated violation 

predated such an increase, which are 

assessed after the date the increase takes 

effect. 

The Inflation Adjustment Act, as 

amended, provides that the inflation 

adjustment does not apply to civil 

monetary penalties under the Internal 

Revenue Code of 1986 or the Tariff Act 

of 1930. 

Alcoholic Beverage Labeling Act 

The Alcohol and Tobacco Tax and 

Trade Bureau (TTB) administers the 

Federal Alcohol Administration Act 

(FAA Act) pursuant to section 1111(d) 

of the Homeland Security Act of 2002, 

codified at 6 U.S.C. 531(d). In addition, 

the Secretary of the Treasury has 

delegated certain administrative and 

enforcement authorities to TTB through 

Treasury Order 120–01. 

The FAA Act contains the Alcoholic 

Beverage Labeling Act (ABLA) of 1988, 

Public Law 100–690, 27 U.S.C. 213– 

219a, which was enacted on November 

18, 1988. Section 204 of the ABLA, 

codified in 27 U.S.C. 215, requires that 

a health warning statement appear on 

the labels of all containers of alcoholic 

beverages manufactured, imported, or 

bottled for sale or distribution in the 

United States, as well as on containers 

of alcoholic beverages that are 

manufactured, imported, bottled, or 

labeled for sale, distribution, or 

shipment to members or units of the 

U.S. Armed Forces, including those 

located outside the United States. 

The health warning statement 

requirement applies to containers of 

alcoholic beverages manufactured, 

imported, or bottled for sale or 

distribution in the United States on or 

after November 18, 1989. The statement 

reads as follows: 

Government Warning: (1) According to the 

Surgeon General, women should not drink 

alcoholic beverages during pregnancy 

because of the risk of birth defects. (2) 

Consumption of alcoholic beverages impairs 

your ability to drive a car or operate 

machinery and may cause health problems. 

Section 204 of the ABLA also 

specifies that the Secretary of the 

Treasury shall have the power to ensure 

the enforcement of the provisions of the 

ABLA and issue regulations to carry 

them out. In addition, section 207 of the 

ABLA, codified in 27 U.S.C. 218, 

provides that any person who violates 

the provisions of the ABLA is subject to 

a civil penalty of not more than $10,000, 

with each day constituting a separate 

offense. 

Most of the civil monetary penalties 

administered by TTB are imposed by 

the Internal Revenue Code of 1986, and 

thus are not subject to the inflation 

adjustment mandated by the Inflation 

Adjustment Act. The only civil 

monetary penalty enforced by TTB that 

is subject to the inflation adjustment is 

the penalty imposed by the ABLA at 27 

U.S.C. 218. 

TTB Regulations 

The TTB regulations implementing 

the ABLA are found in 27 CFR part 16, 

and the regulations implementing the 

Inflation Adjustment Act with respect to 

the ABLA penalty are found in 27 CFR 

16.33. This section indicates that, in 

accordance with the ABLA, any person 

who violates the provisions of this part 

is subject to a civil penalty of not more 

than $10,000. Further, pursuant to the 

provisions of the Federal Civil Penalties 

Inflation Adjustment Act of 1990, as 

amended, this civil penalty is subject to 

periodic cost-of-living adjustments. 

Accordingly, any person who violates 

the provisions of 27 CFR part 16 is 

subject to a civil penalty of not more 

than the amount listed at https://

www.ttb.gov/laws-regulations-andpublic-guidance/other/penalties. Each 

day constitutes a separate offense. 

To adjust the penalty, § 16.33(b) 

indicates that TTB will provide notice 

in the Federal Register and at the 

website mentioned above of cost-ofliving adjustments to the civil penalty 

for violations of 27 CFR part 16. 

Penalty Adjustment 

In this document, TTB is publishing 

its yearly adjustment to the maximum 

ABLA penalty, as required by the 

amended Inflation Adjustment Act. 

As mentioned earlier, the ABLA 

contains a maximum civil monetary 

penalty. For such penalties, section 5 of 

the Inflation Adjustment Act indicates 

that the inflation adjustment is 

determined by increasing the maximum 

penalty by the cost-of-living adjustment. 

The cost-of-living adjustment means the 

percentage increase (if any) between the 

Consumer Price Index for All Urban 

Consumers (CPI–U) for the October 

preceding the date of the adjustment 

and the prior year’s October CPI–U. 

The CPI–U in October 2023 was 

307.671, and the CPI–U in October 2024 

was 315.664. The rate of inflation 

between October 2023 and October 2024 

was therefore 2.598 percent. When 

applied to the current ABLA penalty of 

$25,561 this rate of inflation yields a 

raw (unrounded) inflation adjustment of 

$664.0748. Rounded to the nearest 

dollar, the inflation adjustment is $664, 

meaning that the new maximum civil 

penalty for violations of the ABLA will 

be $26,225. 

The new maximum civil penalty will 

apply to all penalties that are assessed 

after January 16, 2025. TTB has also 

updated its web page at https://

www.ttb.gov/laws-regulations-andpublic-guidance/other/penalties to 

reflect the adjusted penalty. 

Dated: January 10, 2025. 

Amy R. Greenberg, 

Acting Assistant Administrator, Headquarters 

Operations. 

[FR Doc. 2025–00912 Filed 1–15–25; 8:45 am] 

BILLING CODE 4810–31–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 257 

[EPA–HQ–OLEM–2020–0107; FRL–7814.1– 

04–OLEM] 

RIN 2050–AH34 

Hazardous and Solid Waste 

Management System: Disposal of Coal 

Combustion Residuals From Electric 

Utilities; Legacy CCR Surface 

Impoundments; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is taking 

direct final action to correct errors and 

clarify several provisions published in 

the Federal Register on May 8, 2024. 

This May 8, 2024 rule (Legacy Final 

Rule) established regulatory 

requirements for legacy coal combustion 

residuals (CCR) surface impoundments 

and CCR management units, among 

other things, under the Resource 

Conservation and Recovery Act (RCRA). 

DATES: This final rule is effective on 

May 16, 2025 without further notice 

unless EPA receives adverse comment 

by March 17, 2025. If EPA receives 

adverse comment, the Agency will 

publish a timely withdrawal in the 

Federal Register informing the public 

about the specific regulatory paragraph 

or amendment that will not take effect. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OLEM–2020–0107. All 

documents in the docket are listed on 


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4636 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

the http://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Frank Behan, Office of Resource 

Conservation and Recovery, Materials 

Recovery and Waste Management 

Division, Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW, MC: 5304T, Washington, DC 

20460; telephone number: (202) 566– 

0531; email address: behan.frank@

epa.gov, or Taylor Holt, Office of 

Resource Conservation and Recovery, 

Materials Recovery and Waste 

Management Division, Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue NW, MC: 5304T, Washington, 

DC 20460; telephone number: (202) 

566–1439; email address: Holt.Taylor@

epa.gov. For more information on this 

rulemaking, please visit https://

www.epa.gov/coalash. 

SUPPLEMENTARY INFORMATION: 

I. Why is the EPA using a direct final 

rule? 

EPA is publishing this rule without a 

prior proposed rule because EPA views 

this as a noncontroversial action and 

anticipates no adverse comment since 

the amendments merely correct errors in 

the regulatory text and conform the 

regulatory text to the decisions 

articulated in the Legacy Final Rule 

preamble. However, in the ‘‘Proposed 

Rules’’ section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposed rule to adopt the provisions in 

this direct final rule if adverse 

comments are received on this direct 

final rule. The Agency will not institute 

a second comment period on this action. 

Any parties interested in commenting 

must do so at this time. For further 

information about commenting on this 

rule, see the ADDRESSES section of the 

proposed rule document. 

If EPA receives adverse comment, 

EPA will publish a timely withdrawal in 

the Federal Register informing the 

public about the specific regulatory 

paragraph(s) or amendment(s) that will 

not take effect. The corrections that are 

not withdrawn will become effective on 

the date set out above. EPA would 

address all public comments in any 

subsequent final rule based on the 

comments and new information 

submitted in response to the proposed 

rule. 

In light of the narrow purpose of this 

rule to conform the regulatory text to the 

final actions described in the Legacy 

Final Rule, EPA is only soliciting 

comment on whether the changes in this 

direct final rule conform the text to 

EPA’s stated intent in the Legacy Final 

Rule preamble. EPA is not 

reconsidering, proposing to reopen, or 

otherwise soliciting comment on any 

provisions of the Legacy Final Rule 

itself. For the reader’s convenience, EPA 

has provided a background description 

of individual provisions in the Legacy 

Final Rule in several places throughout 

this preamble. These descriptions do 

not reopen the underlying described 

provisions, but merely explain the 

context to inform the public of the basis 

for this action’s technical corrections. In 

addition, for the convenience of the 

reader, EPA is revising and republishing 

§§ 257.75 and 257.100 in their entirety, 

which means that the regulatory text 

presented in this action is a 

combination of revised content 

(discussed in this preamble) and 

unchanged, republished content. The 

Agency is not reconsidering, proposing 

to reopen, or otherwise soliciting 

comment on the unchanged, 

republished content of these sections of 

the regulatory text. EPA will not 

respond to comments submitted on any 

issues other than those specifically 

identified in this action, and such 

comments will not be considered part of 

the rulemaking record. 

II. General Information 

A. Does this action apply to me? 

This rule may be of interest to electric 

utilities and independent power 

producers that fall within the North 

American Industry Classification 

System (NAICS) code 221112. The 

reference to NAICS code 221112 is not 

intended to be exhaustive, but rather 

provides a guide for readers regarding 

entities likely to be regulated by this 

action. This discussion lists the types of 

entities that EPA is now aware could 

potentially be regulated by this action. 

Other types of entities not described 

here could also be regulated. To 

determine whether your entity is 

regulated by this action, you should 

carefully examine the applicability 

criteria found in § 257.50 of title 40 of 

the Code of Federal Regulations. If you 

have questions regarding the 

applicability of this action to a 

particular entity, consult the persons 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

B. What action is the Agency taking? 

EPA is correcting errors and 

conforming the regulatory text to the 

decisions articulated in the Legacy Final 

Rule published in the Federal Register 

on May 8, 2024, which established 

regulatory requirements for legacy CCR 

surface impoundments and CCR 

management units (CCRMU). In 

addition, EPA is making a number of 

revisions to clarify the final 

requirements, such as consolidating the 

compliance deadlines for CCRMU into a 

single section and providing a deadline 

for the initial fugitive dust plan for 

CCRMU at facilities without a regulated 

unit. 

C. What is the Agency’s authority for 

taking this action? 

EPA is publishing this rule under the 

authority of sections 1008(a)(3), 2002(a), 

4004, and 4005(a), (d) of the Solid Waste 

Disposal Act of 1970, as amended by the 

Resource Conservation and Recovery 

Act of 1976 (RCRA), as amended by the 

Hazardous and Solid Waste 

Amendments of 1984 (HSWA) and the 

Water Infrastructure Improvements for 

the Nation (WIIN) Act of 2016, 42 U.S.C. 

6907(a), 6912(a), 6944, 6945(a) and (d). 

III. Background 

On April 17, 2015, EPA issued 

national minimum criteria for the 

disposal of CCR as solid waste under 

subtitle D of RCRA (80 FR 21302) (2015 

CCR Rule or CCR regulations). The 2015 

CCR Rule, codified in subpart D of part 

257 of Title 40 of the Code of Federal 

Regulations, established regulations for 

existing and new CCR landfills, existing 

and new CCR surface impoundments, 

and all lateral expansions of these CCR 

units. The 2015 CCR Rule also imposed 

requirements on inactive surface 

impoundments at active facilities but 

exempted inactive surface 

impoundments at inactive facilities. On 

August 21, 2018, the U.S. Court of 

Appeals for the District of Columbia 

Circuit vacated and remanded the 

provision that exempted inactive 

impoundments at inactive facilities 

from the CCR regulations. Utility Solid 

Waste Activities Group, et al. v. EPA 

(USWAG) 901 F.3d 414 (D.C. Cir. 2018). 

On May 8, 2024, EPA published the 

Legacy Final Rule regulating inactive 

surface impoundments at inactive 

facilities (legacy CCR surface 

impoundments or legacy 

impoundments) under 40 CFR part 257, 

subpart D. (89 FR 38950). In addition, 

the final rule established requirements 

to address the risks from solid waste 

management activities involving the 

direct placement of CCR on the land 


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1 Docket item EPA–HQ–OLEM–2020–0107–1031 

identifies the CCRMU at other active facilities. 

that was exempt from regulation under 

the 2015 CCR Rule. This included 

inactive CCR landfills, and CCR surface 

impoundments and landfills that closed 

prior to the effective date of the 2015 

CCR Rule; the final rule refers to these 

newly regulated units as CCRMU. The 

Legacy Final Rule added a definition for 

legacy CCR surface impoundments, 

CCRMU, among other terms. It also 

established the regulatory requirements 

applicable to legacy CCR surface 

impoundments and CCRMU, which 

largely consist of requiring compliance 

with certain existing CCR regulations, 

along with tailored compliance 

deadlines. 

On November 8, 2024, EPA published 

a direct final rule to correct three errors 

in the Legacy Final Rule. In addition to 

taking action to correct inadvertent 

deletions of existing regulatory text in 

part 257, subpart D, the direct final rule 

made clear that the effective date of the 

Legacy Final Rule is November 8, 2024. 

These corrections are effective on 

February 6, 2025 (89 FR 88650). 

IV. Revisions to Part 257, Subpart D 

Since publication of the Legacy Final 

Rule, EPA has identified a number of 

errors in the final regulatory text. Some 

of these are typographical errors, while 

others are regulatory text that does not 

conform to the Agency’s stated positions 

in the Legacy Final Rule preamble. EPA 

has also identified regulatory provisions 

that, as drafted, have the potential to be 

ambiguous or confusing. Some of these 

issues were raised to the Agency’s 

attention by members of the public 

including industry, non-governmental 

organizations, and State regulatory 

agencies. EPA is addressing these errors, 

inconsistencies, and ambiguities in this 

direct final rule and companion 

proposed rule. These changes include: 

(1) Fixing incorrect regulatory text 

citations; (2) Clarifying and adding 

provisions in the regulatory text to 

match what is clearly described in the 

preamble; and (3) Improving rule 

implementation by adding a new 

section consolidating compliance 

deadlines for CCRMU. 

A. Revisions to § 257.50(d) (Scope and 

Purpose) 

In the preamble to the Legacy Final 

Rule, EPA explained its decision to 

extend regulation to certain other 

facilities currently generating power for 

the electrical grid that only have 

CCRMU onsite. 89 FR 39053. EPA 

explained that it was concerned that 

CCRMU (e.g., inactive CCR landfills, 

closed CCR landfills, or closed CCR 

surface impoundments) are located at 

these facilities. EPA estimated that this 

category would consist of nine units at 

five facilities. Id., n. 141 (referencing 

‘‘Universe of CCR Management Units. 

April 2024.’’).1 The preamble described 

these facilities as ‘‘other active 

facilities’’ and defined them as those 

that: (1) On or after October 19, 2015, 

were producing electricity for the grid; 

(2) Had ceased placement of CCR in 

their onsite CCR units before the 

effective date of the 2015 CCR Rule 

(October 19, 2015); and (3) Had no 

inactive CCR surface impoundments. 

This was codified in the final regulatory 

text at § 257.50(d), which provides that 

‘‘This subpart applies to CCR 

management units . . . , located at 

active facilities.’’ 

After the final rule was published 

EPA received several questions 

regarding the scope of the active 

facilities covered under § 257.50(d). 

Several entities noted that the final 

regulatory text could be read to extend 

beyond the scope described in the final 

rule preamble, to include all facilities 

producing power for the grid on or after 

October 19, 2015 regardless of whether 

there was any history of onsite CCR 

disposal or coal combustion for power 

generation at the facility, such as a 

nuclear electric power generation plant 

at which coal was never burned, or a 

wind electric power generation site 

developed on an agricultural field. 

For example, one entity requested that 

EPA confirm that power generation sites 

that have never been ‘‘used for treating, 

storing, disposing, or otherwise 

conducting solid waste management of 

CCR’’ are not considered ‘‘active 

facilities’’ (e.g., greenfield solar electric 

power generation sites or other electric 

generation facilities that have not 

combusted coal) and would not have to 

undertake a CCRMU facility evaluation. 

Another asked whether a facility that 

generates power that has beneficially 

used CCR onsite (e.g., structural fill 

beneath a building structure) is required 

to comply with the facility evaluation 

requirements even if the location never 

burned coal. 

EPA acknowledges that as currently 

written the regulation could result in 

the inclusion of electric utilities or 

independent power producers that have 

not placed CCR onsite or operated an 

onsite coal-fired electric generating unit 

(EGU), including, for example, the 

scenarios described in the previous 

paragraph. As the preamble made clear, 

this was never EPA’s intent. Rather EPA 

intended the CCRMU regulations to 

only apply to facilities with a regulated 

CCR unit and to the small subset of 

active facilities described in the Legacy 

Final Rule preamble. Indeed, EPA 

specifically declined requests to extend 

coverage more broadly. See 89 FR 

39053–39054. Consistent with that 

intent, today’s technical correction rule 

amends the regulatory text at 

§ 257.50(d), by replacing the phrase 

‘‘active facilities’’ with the phrase 

‘‘other active facilities.’’ EPA is also 

defining ‘‘other active facility’’ in 

§ 257.53, to mean ‘‘. . . a facility that 

meets all of the following conditions: (1) 

On or after October 19, 2015, the facility 

has produced electricity for the grid 

using fossil fuel; (2) By October 19, 

2015, the facility had ceased placing at 

the facility any CCR generated by the 

onsite electric generating unit; and (3) 

There are no regulated CCR units at the 

facility.’’ 

Consistent with that revision, a 

nuclear electric power generation 

facility at which coal was not burned, a 

wind electric power generation facility 

developed on an agricultural field or 

other electric generation facilities that 

have not combusted coal onsite would 

not be subject to the CCRMU 

regulations. The nuclear facility 

described above would not be subject to 

the CCRMU regulations because all 

three criteria of the definition of ‘‘other 

active facility’’ are not met. The wind 

facility described above also does not 

meet any of these criteria and 

consequently would not be subject to 

the CCRMU regulations. Similarly, other 

electric generation facilities (e.g., solar 

facilities) that have never combusted 

coal onsite do not meet all of the ‘‘other 

active facility’’ criteria; even if the 

facility had produced electricity for the 

grid using fossil fuel, criteria 2 and 3 

still have not been met. The same is 

generally true where the only activity at 

the electric generation facility involving 

CCR was its use as structural fill 

beneath a structure because the facility 

would not meet all three criteria. 

However, where CCR has been placed 

on the ground onsite, the facility owner 

or operator needs to be careful in 

conducting any redevelopment 

activities. If CCR is moved from its 

original placement as part of 

redeveloping the site, and is (re)placed 

directly on the land, this would 

constitute active disposal, subject to the 

CCR regulations in part 257 applicable 

to active disposal units. 

In addition, EPA is revising § 257.100 

to conform to the new definition of 

‘‘other active facility.’’ Specifically, the 

term ‘‘fuel’’ in the regulatory text of 

§ 257.100(a)(1) is revised to read ‘‘fossil 

fuel.’’ A similar conforming change is 

reflected in new paragraph (b)(4)(ii) of 

§ 257.90. 


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Finally, the introductory paragraphs 

of § 257.75(a), (b), (c)(1), and (d)(1) of 

the Legacy Final Rule incorporated the 

same language from § 257.50(d) that 

EPA is now revising. Therefore, EPA is 

revising the introductory paragraphs of 

those provisions to add references to 

‘‘other active facilities’’ so that those 

provisions conform with the description 

of regulated facilities in § 257.50(d). 

EPA is also correcting other errors in 

§ 257.75(c) and (d), which are discussed 

in Unit IV.C of this preamble. 

B. Revisions to § 257.53 (Definitions) 

Since publication of the Legacy Final 

Rule, EPA has identified a number of 

errors in certain regulatory definitions. 

Some of these involve an inconsistency 

between the preamble and the 

regulatory text. Others are provisions 

that, as drafted, have the potential to be 

ambiguous or confusing. Several of 

these issues were raised to the Agency’s 

attention by members of the public 

including industry, non-governmental 

organizations, and State regulatory 

agencies. To address these issues, EPA 

is amending three definitions so that 

they are consistent with the final actions 

described in the Legacy Final Rule 

preamble. Additionally, EPA is adding a 

definition of ‘‘other active facility’’ to 

§ 257.53, which is discussed in Unit 

IV.A of this preamble. 

1. Closed Prior to October 19, 2015 

In the Legacy Final Rule, EPA 

established requirements for CCRMU 

and for legacy CCR surface 

impoundments. In the process, EPA 

explained several key classifications of 

CCR units. Importantly, EPA noted that 

since promulgation of the 2015 CCR 

Rule, any CCR surface impoundment 

that had ceased receiving CCR but still 

contained liquid and CCR on or after 

October 19, 2015, is classified as an 

‘‘inactive’’ impoundment. 89 FR 38986– 

94. See also, Electric Energy v. EPA, 106 

F4th 31, 42 (D.C. Cir 2024); USWAG, 

941 F.3d at 432. Inactive impoundments 

located at active utilities have been 

regulated since issuance of the 2015 

CCR Rule. 40 CFR 257.50(c). By 

contrast, inactive impoundments at 

inactive facilities are considered legacy 

impoundments. 89 FR 39100. However, 

EPA has realized that its new definition 

of a CCRMU conflicts with these 

provisions. Specifically, the definition’s 

phrase ‘‘closed prior to October 19, 

2015’’ could be read to cover both 

inactive impoundments currently 

regulated under the 2015 CCR 

regulations and legacy impoundments. 

Therefore, a correction is necessary. 

The Legacy Final Rule defines a CCR 

management unit to ‘‘include [ ] . . . 

CCR units that closed prior to October 

19, 2015.’’ 40 CFR 257.53. That phrase 

is defined in turn to include a ‘‘CCR 

surface impoundment [that] completed 

closure . . . in accordance with state 

law prior to October 19, 2015.’’ Id. But 

at the same time, the 2015 CCR 

regulations distinguish between 

‘‘closed’’ and ‘‘inactive’’ impoundments 

based on whether free ‘‘liquids’’ are 

present. See 40 CFR 257.53 (definitions 

of ‘‘closed’’ and ‘‘inactive CCR 

impoundment.’’). As EPA explained in 

2015, ‘‘ ‘[i]nactive’ surface 

impoundments are those that contain 

both CCR and water, but no longer 

receive additional wastes. By contrast, a 

‘closed’ surface impoundment would no 

longer contain water, . . . and would be 

capped or otherwise maintained.’’ 80 FR 

21343. See also, 89 FR 38992–38993. 

EPA accordingly defined ‘‘closed’’ in 

2015 to mean that ‘‘placement of CCR in 

a CCR unit has ceased, and the owner 

or operator has completed closure of the 

CCR unit in accordance with § 257.102 

and has initiated post-closure care in 

accordance with § 257.104.’’ 40 CFR 

257.53. An impoundment closed in 

accordance with § 257.102 has 

eliminated free liquids and 

consequently would no longer contain 

liquids. 

But this distinction between a closed 

and inactive impoundment was 

inadvertently omitted from the 

definition of a CCRMU, which referred 

only to a unit that had ‘‘completed 

closure in accordance with state law’’ 

without any further qualification. And 

as a factual matter, most inactive 

impoundments in existence in 2015 

could be considered to have ‘‘closed in 

accordance with state law.’’ This is 

because as EPA has previously 

explained—and numerous commenters 

confirmed during the rulemaking— 

many State laws prior to 2015 either 

exempted CCR surface impoundments 

from State solid waste closure 

requirements or otherwise allowed free 

liquids to remain in a closed 

impoundment. See, 89 FR 38983–38984, 

38990, 39029–39030; 80 FR 21322– 

21325. 

Thus, that phrase in the CCRMU 

definition could be interpreted to reclassify every inactive CCR surface 

impoundment as a CCRMU, simply 

because of its status under State law, 

even if the impoundment meets the 

definition of an inactive or legacy CCR 

surface impoundment as defined 

elsewhere in the CCR regulations. This 

interpretation is, however, clearly 

inconsistent with the proposed Legacy 

Rule and the Legacy Final Rule, in 

which EPA explicitly considered—and 

rejected—the approach of classifying an 

impoundment based on its status under 

State law rather than on the existing 

definitions in § 257.53. 

The proposed Legacy Rule explained 

that under the existing definitions in 

§ 257.53, to the extent an impoundment 

still contains liquid, it would be an 

inactive impoundment, and that when 

located at an inactive facility, such a 

unit would be considered a legacy 

impoundment. 88 FR 31992. This is 

because under the existing definitions 

an ‘‘inactive CCR surface 

impoundment’’ means ‘‘a CCR surface 

impoundment that no longer receives 

CCR on or after October 19, 2015[,] and 

still contains both CCR and liquids on 

or after October 19, 2015.’’ 40 CFR 

257.53. EPA further proposed that 

‘‘[t]his would apply whether the unit is 

considered ‘closed’ under state law.’’ Id. 

89 FR 38986. 

The Legacy Final Rule retained this 

approach. In response to comments, the 

Legacy Final Rule discussed at length 

that under the existing definition, any 

impoundment that was no longer 

receiving CCR but contained CCR and 

liquids after 2015 is an inactive CCR 

surface impoundment, not a CCRMU, 

regardless of any other consideration, 

including its status under State law. 

See, 89 FR 38986–38996. As part of that 

discussion, EPA reiterated that, 

consistent with the original 2015 Rule, 

the presence of liquid remaining in an 

impoundment is a significant part of 

what distinguishes an ‘‘inactive’’ 

impoundment from a ‘‘closed’’ 

impoundment. Id. at 38992–38994. See 

also id. at 38996, specifically identifying 

‘‘[a]ny impoundment that still contains 

free liquids: (a) even if it is considered 

‘closed’ under State law’’ as a legacy 

impoundment. 

The Legacy Final Rule preamble thus 

expressly maintained EPA’s 

interpretations from 2015. It also 

contains no indication that EPA 

intended to reclassify as a CCRMU 

either any unit currently regulated 

under the 2015 Rule or any unit that 

EPA had proposed to regulate as a 

legacy impoundment. To the contrary, 

EPA disagreed with a commenter who 

characterized an impoundment that had 

closed under State law in 2008, but still 

contained CCR and liquids, as either a 

legacy CCR surface impoundment or a 

CCRMU. EPA explained the unit was 

actually an ‘‘inactive CCR surface 

impoundment’’ regulated under the 

2015 Rule rather than either a legacy 

impoundment or a CCRMU. 89 FR 

39027. 

To correct this mistake, EPA is 

amending the definition of ‘‘closed prior 

to October 19, 2015’’ at 40 CFR 257.53 

to include an express statement that any 


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unit that ‘‘meets the definition of an 

inactive CCR surface impoundment or 

legacy CCR surface impoundment in 

§ 257.53 is not a CCR management 

unit.’’ 

2. CCR Landfill or Landfill 

For reasons explained in the Legacy 

Final Rule preamble, EPA amended the 

definition of ‘‘CCR landfill or landfill’’ 

by changing the word ‘‘receive’’ to 

‘‘contain.’’ See 89 FR 39043–39044, 

39053. However, in the regulatory text, 

EPA inadvertently only changed the 

first instance of the word ‘‘receives.’’ 

This action corrects that error by 

amending the definition of ‘‘CCR 

landfill or landfill’’ so that all instances 

of ‘‘receive’’ are changed to ‘‘contain.’’ 

3. Facility 

In the Legacy Final Rule, EPA 

adopted provisions that allow an owner 

or operator to complete the closure by 

removal of a CCR unit in two stages. See 

89 FR 39082–39088. In the first stage, 

the owner or operator must complete 

the removal of all CCR from the unit and 

the removal or decontamination of all 

areas affected by releases from the CCR 

unit during the active life of the CCR 

unit (e.g., soil contaminated by CCR), 

except for groundwater. In the second 

stage, the owner or operator must 

complete the groundwater corrective 

action during a separate post-closure 

care period that commences only after 

the first stage has been completed (i.e., 

all CCR has been removed from the unit 

and affected areas have been 

decontaminated). Therefore, at some 

sites, during this post closure care 

period, the only solid waste remaining 

at the facility would be the 

contamination in the groundwater that 

is in the process of being remediated. 

In order to effectuate this, conforming 

changes needed to be made to other 

provisions. EPA included some of these 

revisions in the final rule, (e.g., EPA 

amended the definition of an operator to 

clarify that the term includes those 

person(s) or parties responsible for 

directing or overseeing groundwater 

monitoring, closure, or post-closure 

activities at a CCR unit). 89 FR 39052, 

39100–39101. But the Agency failed to 

make similar revisions to the definition 

of a facility to account for this situation. 

As currently drafted, the term is defined 

to mean the land, and structures, other 

appurtenances, and improvements on 

the land, used for treating, storing, 

disposing, or otherwise conducting 

solid waste management of CCR. 

Although the provision could fairly be 

interpreted to include the CCR 

constituents contaminating the 

groundwater, to avoid any ambiguity 

EPA is amending the definition to 

expressly address this situation. 

Specifically, EPA is making two 

revisions. The first is to replace the 

phrase ‘‘used for treating, storing, 

disposing, or otherwise conducting 

solid waste management of CCR’’ with 

a phrase that mirrors the statutory 

formulations: ‘‘where CCR is treated, is 

stored, or is disposed, or where solid 

waste management of CCR is otherwise 

conducted.’’ In addition, EPA is adding 

the following sentence to the definition: 

‘‘A facility includes any onsite soil or 

groundwater that contains CCR or 

leachate, or where one or more 

constituent listed in appendix IV of this 

part is detected at a statistically 

significant level above the groundwater 

protection standard.’’ 

C. Revisions to § 257.75 (Requirements 

for CCR Management Units) 

1. Conforming Revisions to § 257.75(a), 

(b), (c), and (d) 

As discussed in Unit IV.A of this 

preamble, EPA is making conforming 

changes to § 257.75(a) through (d), 

consistent with the revisions to 

§ 257.50(d). 

2. Typographical Error in 

§ 257.75(c)(1)(xiv) 

Section 257.75(c) specifies 

requirements for the Facility Evaluation 

Report Part 1. One of the paragraphs of 

§ 257.75(c) includes a typographical 

error and this final rule corrects the 

error. The typographical error is in the 

first sentence of § 257.75(c)(1)(xiv) as 

shown in the Legacy Final Rule. 

Specifically, the cross-reference to 

paragraph (c)(i) is missing the second 

paragraph designation level and should 

instead read (c)(1)(i). Therefore, this 

final rule corrects the first sentence of 

paragraph § 257.75(c)(1)(xiv) to read: ‘‘A 

narrative description of any data gaps 

for information in paragraphs (c)(1)(i) 

through (xiii) of this section . . .’’ 

3. Typographical Errors in § 257.75(d) 

Section 257.75(d) specifies 

requirements for the Facility Evaluation 

Report Part 2. One of the paragraphs of 

§ 257.75(d) includes a typographical 

error and this final rule corrects the 

error. The typographical error is in the 

first sentence of § 257.75(d)(1) as shown 

in the Legacy Final Rule. Specifically, 

the cross-reference to paragraph 

(d)(i)(xiii) is incorrect and should 

instead read (d)(1)(xiv). Therefore, this 

final rule corrects this part of the first 

sentence of paragraph § 257.75(d)(1) to 

read: ‘‘information specified in 

paragraphs (d)(1)(i) through (xiv) of this 

section . . .’’ 

In addition, § 257.75(d) also includes 

two references to the Facility Evaluation 

Report Part 2; however, the text 

included in the Legacy Final Rule is 

uncapitalized. This final rule capitalizes 

these terms to read ‘‘Facility Evaluation 

Report Part 2’’ to be consistent with 

other uses of the term. 

4. Consolidation of CCR Management 

Unit Deadlines in § 257.75(e) and 

Addition of § 257.75(f) 

The Legacy Final Rule established 

various deadlines for CCRMU to comply 

with the regulatory requirements. These 

compliance deadlines are specified in 

multiple sections of part 257, subpart D, 

including, for example, §§ 257.75, 

257.90, 257.101, 257.102, and 257.104. 

Since publication of the Legacy Final 

Rule, EPA has heard from entities that 

navigating multiple sections to identify 

the compliance deadlines for CCRMU is 

cumbersome. For clarity, EPA is adding 

a new paragraph at § 257.75(e) to the 

CCRMU Facility Evaluation provisions 

that consolidates all of the compliance 

dates for CCRMU. EPA is not revising 

any of these dates or removing the 

provisions from other sections of part 

257, such as in the groundwater 

monitoring and corrective action 

sections. As a result of adding a new 

paragraph to § 257.75, the Agency is 

revising the section heading of § 257.75 

to read ‘‘Requirements for identifying 

CCR management units and deadlines.’’ 

Finally, EPA is also redesignating the 

existing paragraph (e) as (f). 

D. Revisions to § 257.80 (Fugitive Dust 

Requirements) 

In the Legacy Final Rule, EPA 

required owners or operators of CCR 

units to comply with the fugitive dust 

requirements in § 257.80. In the final 

rule preamble, EPA explains that EPA 

expects facilities with CCRMU to 

already have a fugitive dust control plan 

because: (1) Fugitive dust requirements 

apply to the entire facility and (2) 

CCRMU are located at facilities with a 

regulated CCR unit. 89 FR 39061. 

Therefore, instead of creating a deadline 

for the creation of fugitive dust plans for 

CCRMU, EPA finalized a deadline of no 

later than 30 days following a triggering 

event, such as the closure of a CCRMU 

or change in facility or CCR unit 

operations, for owners or operators to 

amend their existing fugitive dust plans. 

However, not all facilities regulated 

under the CCRMU provisions will be 

required to have a fugitive dust plan 

prior to identifying a CCRMU (i.e., 

‘‘other active facilities’’). As such, the 

owners or operators of these facilities do 

not have regulatory certainty regarding 

when they must develop their initial 


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fugitive dust plan. This action corrects 

this oversight by finalizing a deadline of 

no later than August 9, 2027 (i.e., six 

months after the Facility Evaluation 

Report Part 2 pursuant to § 257.75(d) is 

due) for the initial fugitive dust plan for 

CCRMU located at other active facilities. 

This compliance timeframe (i.e., six 

months after determining applicability 

of the fugitive dust requirements) is 

consistent with timeframes provided in 

the 2015 CCR Rule and for legacy CCR 

surface impoundments in the Legacy 

Final Rule. See revisions to 

§ 257.80(b)(5). 

E. Revisions to § 257.90 (Groundwater 

Monitoring and Corrective Action 

Applicability) 

The Legacy Final Rule preamble 

clearly stated CCRMU must conduct 

assessment monitoring simultaneously 

with detection monitoring. 89 FR 

39065–39066. However, the 

corresponding regulatory text was 

inadvertently omitted from the final 

rule. Therefore, consistent with the 

Legacy Final Rule preamble, this action 

is amending § 257.90(b)(3)(iii) to 

include the requirement for owners or 

operators of CCRMU to comply with the 

assessment monitoring requirements. 

Additionally, the Legacy Final Rule 

established various deadlines for CCR 

units to comply with the groundwater 

monitoring and corrective action 

requirements in §§ 257.90–98. The 

compliance deadlines for different CCR 

units (i.e., landfills, CCRMU, inactive 

surface impoundments, legacy surface 

impoundments) are specified in 

multiple sections of part 257, subpart D, 

including, §§ 257.90, 257.100(a), 

257.100(e), and 257.100(f). Since 

publication of the Legacy Final Rule, 

EPA has heard from entities that 

navigating multiple sections to 

determine initial groundwater 

monitoring compliance deadlines is 

cumbersome. Therefore, for clarity, EPA 

is adding a new paragraph at 

§ 257.90(b)(4) that will duplicate and 

consolidate the initial timeframes for 

the groundwater monitoring 

requirements applicable to inactive CCR 

surface impoundments and legacy CCR 

surface impoundments. With the 

addition of this new paragraph, readers 

of § 257.90(b) will be able to locate the 

initial groundwater monitoring 

timeframes for all CCR units. With this 

action EPA is not revising the initial 

timeframes, nor removing, or otherwise 

modifying the provisions in 

§ 257.100(a)(1), (e)(5) and (f)(4) that are 

now referenced in the new 

§ 257.90(b)(4). 

F. Revision to § 257.95 (Assessment 

Monitoring Program) 

As stated above and in Unit IV.E of 

this preamble, in contradiction with the 

Legacy Final Rule preamble, the 

provisions requiring owners and 

operators of legacy CCR surface 

impoundments and CCRMU to conduct 

simultaneous detection and assessment 

monitoring were inadvertently omitted 

from the regulatory text. Additionally, 

the provisions that contain the 

groundwater monitoring compliance 

deadlines are in different locations 

within the Legacy Final Rule regulatory 

text; EPA expects this may cause 

confusion about the compliance 

deadline. Therefore, consistent with the 

Legacy Final Rule preamble and to 

improve implementation, this action is 

amending § 257.95(a) and (b) to clarify 

the applicability of the assessment 

monitoring requirements to legacy CCR 

surface impoundments and CCRMU and 

the associated compliance deadlines. 

G. Revisions to § 257.100 (Inactive CCR 

Surface Impoundments and Legacy CCR 

Surface Impoundments) 

1. Requirements and Deadlines for 

Certain Facilities With an Inactive CCR 

Surface Impoundment in § 257.100(a)(1) 

The preamble to the Legacy Final 

Rule states that EPA adopted a pathway 

to compliance for facilities that believed 

they were inactive facilities and did not 

have units subject to the requirements of 

the 2015 CCR Rule, despite these 

facilities producing electricity through 

renewables. The Legacy Final Rule 

further states that such facilities 

producing electricity through 

renewables (i.e., non-fossil fuels) are 

subject to the same applicable 

compliance deadlines as inactive 

impoundments at inactive facilities (i.e., 

legacy CCR surface impoundments). 89 

FR 39001. EPA is revising the regulatory 

text in § 257.100(a)(1) to clarify that the 

requirements and compliance 

timeframes applicable to these facilities 

are specified in § 257.100(f)(1). 

2. Facility Evaluation Report 

Requirements for Facilities With a 

Legacy CCR Surface Impoundment in 

§ 257.100(f)(1)(iii) 

The Legacy Final Rule preamble states 

that an owner or operator of a legacy 

CCR surface impoundment who utilizes 

the applicability report extension(s) 

available through § 257.100(f)(1)(iii) will 

have the subsequent deadlines delayed 

by the length of the extension(s). 89 FR 

39007–39008. The regulatory text 

includes provisions to extend those 

deadlines for legacy CCR surface 

impoundments. However, the provision 

that cross-referenced the extensions for 

the CCRMU requirement deadlines was 

inadvertently omitted from the final 

rule. This action is amending 

§ 257.100(f)(1)(iii) to include the 

deadline extensions for the CCRMU 

requirements for these owners or 

operators, consistent with the final rule 

preamble. 

3. Typographical Error in 

§ 257.100(f)(1)(iii)(A)(3) 

EPA identified a typographical error 

in § 257.100(f)(1)(iii)(A)(3) as the 

regulatory text does not include the 

word ‘‘all.’’ Therefore, EPA is correcting 

this error so the regulatory text now 

reads: ‘‘The details of a written field 

investigation work plan, including all of 

the following.’’ 

4. Groundwater Monitoring and 

Corrective Action Under § 257.100(f)(4) 

The Legacy Final Rule preamble 

clearly stated legacy CCR surface 

impoundments must conduct 

assessment monitoring simultaneously 

with detection monitoring. 89 FR 39020. 

However, the corresponding regulatory 

text was inadvertently omitted from the 

final rule. Therefore, consistent with the 

Legacy Final Rule preamble, this action 

is amending § 257.100(f)(4)(iii)(A) to 

include the requirement for owners or 

operators of legacy CCR surface 

impoundments to comply with the 

assessment monitoring requirements. 

5. Typographical Error in 

§ 257.100(f)(4)(iv) 

EPA identified a typographical error 

in § 257.100(f)(4)(iv), which is the 

paragraph that contains the deadline 

when the first annual groundwater 

monitoring and corrective action report 

is due for legacy CCR surface 

impoundments. The regulatory text 

established a deadline for this report of 

January 31, 2027. However, after 

publication, EPA realized that this 

deadline was one year too soon, as the 

actions required to be included in this 

report are not required to be completed 

by that date. Therefore, EPA is 

correcting the date when the first annual 

groundwater monitoring and corrective 

action report is due for legacy CCR 

surface impoundments to be January 31, 

2028 to ensure the report contains all 

the required information set forth in 

§ 257.90(e). 

6. Certification of Closure by Removal 

for Legacy CCR Surface Impoundments 

in § 257.100(g) 

The Legacy Final Rule preamble 

clearly states an owner or operator of a 

legacy CCR surface impoundments who 

is able to complete the certification of 


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closure by removal pursuant to 

§ 257.100(g) is not subject to any further 

requirements under the Legacy Final 

Rule, including the CCRMU 

requirements. 89 FR 39008–39010. The 

corresponding regulatory text was 

inadvertently omitted from the final 

rule. Therefore, in this action, EPA is 

amending § 257.100(g) to include a 

provision that exempts owners and 

operators of legacy CCR surface 

impoundments that complete the 

certification of closure by removal from 

any further requirements under part 

257, consistent with the Legacy Final 

Rule preamble. 

7. Typographical Error in 

§ 257.100(g)(6)(vii) 

EPA identified a typographical error 

in § 257.100(g)(6)(vii) that mistakenly 

references ‘‘paragraph (g)(3) of this 

section,’’ rather than (g)(6). Section 

257.100(g)(3) requires documentation 

that all CCR and other contaminated 

materials were removed from the unit. 

This is different from what 

§ 257.100(g)(6) requires, which is all the 

documentation that groundwater 

monitoring concentrations do not 

exceed the groundwater protection 

standards established pursuant to 

§ 257.95(h) for constituents listed in 

Appendix IV to part 257. Therefore, for 

accuracy, EPA is correcting this citation 

to reference ‘‘paragraph (g)(6) of this 

section’’. 

8. Simplification of § 257.100(h) 

To simplify the final regulation, EPA 

is replacing a cross-reference with the 

actual compliance date found in the 

referenced provision. Section 257.100(h) 

in the Legacy Final Rule sets the 

compliance deadline for the owner or 

operator of a legacy impoundment to 

complete a certification as November 8, 

2024 by referencing ‘‘the date listed in 

paragraph (f)(1)(i) of this section.’’ In 

this action, EPA is simplifying the 

regulation by replacing that phrase with 

the referenced date, November 8, 2024. 

9. Compliance Date Clarification in 

§ 257.100(i) 

In § 257.100(i), EPA finalized a set of 

requirements for legacy CCR surface 

impoundments that have completed 

closure in accordance with § 257.102(d) 

no later than November 8, 2024 or a 

closure that meets the criteria in 

§ 257.101(g). As finalized in the Legacy 

Final Rule, the introductory paragraph 

could be mistakenly read as setting a 

November 8, 2024 deadline for all the 

requirements in the paragraph instead of 

the date by which closure must have 

been completed for the requirements 

listed subsequently to be applicable. 

Additionally, § 257.100(i) of the Legacy 

Final Rule included the wrong 

compliance deadlines for certain 

requirements (e.g., to compile a unit 

history of construction). For some 

requirements § 257.100(i) refers to the 

deadlines in the 2015 CCR rule, rather 

than the deadlines applicable to legacy 

impoundments. To clarify these 

deadlines for the regulated community, 

EPA is amending the introductory 

paragraph and adding dates to 

§ 257.100(i)(1) through (11), as 

appropriate. 

Finally, for the reasons explained in 

Unit IV.E of this preamble and 

consistent with the changes in 

§ 257.100(f)(4) and the Legacy Final 

Rule preamble, this action is amending 

§ 257.100(i)(7)(iii)(A) to include the 

requirement for owners or operators of 

these legacy CCR surface impoundments 

to comply with the assessment 

monitoring requirements. 

H. Revisions to § 257.102 (Criteria for 

Conducting the Closure or Retrofit of 

CCR Units) 

1. Closure for Cause for Legacy CCR 

Surface Impoundments and CCR 

Management Units in § 257.102(e)(4) 

The regulations require certain CCR 

units to close for cause. In the 2015 CCR 

Rule, this included CCR surface 

impoundments that are unlined 

(§ 257.71), fail location restrictions 

(§§ 257.60 through 257.64), or fail 

factors of safety (§ 257.73), and landfills 

that fail the location restriction for 

unstable areas (§ 257.64). The 2015 CCR 

Rule implements this with regulatory 

text in § 257.101 (mandatory closure 

deadlines) and § 257.102 (closure 

standards). The 2015 CCR Rule also 

included specific regulatory text in 

§ 257.102(e) stating that CCR units 

closing for cause are not eligible for the 

provisions in § 257.102(e)(2) that allow 

units to idle. The Legacy Final Rule also 

mandated the closure of legacy CCR 

surface impoundments and CCRMU. 89 

FR 39026–39027, 39070–39071, 39108. 

However, EPA inadvertently failed to 

similarly amend § 257.102(e) to make 

clear that these units are not eligible for 

the idling provisions under § 257.102. 

Therefore, EPA is amending 

§ 257.102(e)(4) to clarify that legacy CCR 

surface impoundments and CCRMU are 

not eligible for the idling provisions by 

adding paragraphs (vi) and (vii) 

referencing the closure for cause 

provisions in § 257.101. 

2. Completion of Closure Deadlines in 

§ 257.102(f)(1)(ii) 

The Legacy Final Rule establishes a 

deadline of five years to complete 

closure of a legacy CCR surface 

impoundment, which is the same time 

provided to CCR surface impoundments 

regulated by the 2015 CCR Rule. 89 FR 

39033. However, the regulatory text was 

not amended to add legacy CCR surface 

impoundments to the list of CCR units 

that are provided five years to complete 

closure. Therefore, EPA is amending 

§ 257.102(f)(1)(ii) to add legacy 

impoundments to the list of CCR units 

that are provided five years to complete 

closure. 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14904: Modernizing Regulatory 

Review 

This action is not a significant 

regulatory action as defined in 

Executive Order 12866, as amended by 

Executive Order 14094, and was 

therefore not subject to a requirement 

for Executive Order 12866 review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose any new 

information collection burden under the 

PRA. An ICR covering the information 

collection activities contained in the 

existing Legacy Final Rule has been 

submitted for OMBs approval under the 

temporary OMB control number 2050– 

0231. The corrections and clarifications 

to the CCR Legacy Final Rule contained 

in this action do not have an effect on 

the established information collection 

requirements. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

(SISNOSE) under the RFA. This final 

rule clarifies and corrects errors in the 

regulatory text of the CCR Legacy Final 

Rule. This rule does not impose any 

additional requirements on any entities, 

including small entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate of $100 million 

(adjusted annually for inflation) or more 

(in 1995 dollars) as described in UMRA, 

2 U.S.C. 1531–1538, and does not 

significantly or uniquely affect small 

governments. The rule clarifies and 

corrects errors in the regulatory text of 

the CCR Legacy Final Rule. This rule 

does not impose any additional 

requirements, and thus the costs 

involved in this action are estimated not 

to exceed $183 million in 2023$ ($100 

million in 1995$ adjusted for inflation 


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using the GDP implicit price deflator) or 

more in any one year. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have Tribal 

implications as specified in Executive 

Order 13175. The rule clarifies and 

corrects errors in the regulatory text of 

the CCR Legacy final rule. This rule 

does not impose any additional 

requirements. Thus, Executive Order 

13175 does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that concern environmental 

health or safety risks that EPA has 

reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. 

Therefore, this action is not subject to 

Executive Order 13045 because it does 

not concern an environmental health 

risk or safety risk. Since this action does 

not concern human health, EPA’s Policy 

on Children’s Health also does not 

apply. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations and Executive 

Order 14096: Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All 

The EPA believes that this action does 

not concern human health or 

environmental conditions and therefore 

cannot be evaluated with respect to 

potentially disproportionate and 

adverse effects on communities with 

environmental justice concerns. This 

rule clarifies and corrects errors in the 

regulatory text of the CCR Legacy Final 

Rule. This rule does not impose any 

additional requirements. EPA 

conducted an extensive Environmental 

Justice analysis for the Legacy CCR rule. 

The results of that analysis can be found 

in the preamble for that final rule. 89 FR 

39098. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 257 

Environmental protection, Beneficial 

use, Coal combustion products, Coal 

combustion residuals, Coal combustion 

waste, Disposal, Hazardous waste, 

Landfill, Surface impoundment. 

Jane Nishida, 

Acting Administrator. 

For the reasons set out in the 

preamble, title 40, chapter I, of the Code 

of Federal Regulations is amended as 

follows: 

PART 257—CRITERIA FOR 

CLASSIFICATION OF SOLID WASTE 

DISPOSAL FACILITIES AND 

PRACTICES 

■ 1. The authority citation for part 257 

continues to read as follows: 

Authority: 42 U.S.C. 6907(a)(3), 6912(a)(1), 

6927, 6944, 6945(a) and (d); 33 U.S.C. 

1345(d) and (e). 

■ 2. Amend § 257.50 by revising 

paragraph (d) to read as follows: 

§ 257.50 Scope and purpose. 

* * * * * 

(d)(1) This subpart applies to CCR 

management units containing 1,000 tons 

or greater of CCR, located at facilities 

with a regulated CCR unit or other 

active facilities. 

(2) CCR management units containing 

greater than or equal to 1 ton and less 

than 1,000 tons of CCR, located at 

facilities with a regulated CCR unit or 

other active facilities are subject only to 

the requirements of the facility 

evaluation report in § 257.75 until a 

permitting authority determines that 

regulation of these units, either 

individually or in the aggregate, is 

warranted and determines the 

applicable requirements. 

* * * * * 

■ 3. Amend § 257.53 by: 

■ a. Revising the definitions of ‘‘Closed 

prior to October 19, 2015’’, ‘‘CCR 

landfill or landfill’’ and ‘‘Facility’’; and 

■ b. Adding in alphabetical order the 

definition of ‘‘Other Active Facility’’. 

The revisions and addition read as 

follows: 

§ 257.53 Definitions. 

* * * * * 

Closed prior to October 19, 2015 

means the closure of the CCR landfill or 

surface impoundment was completed in 

accordance with State law prior to 

October 19, 2015. However, a CCR 

surface impoundment that meets the 

definition of an inactive CCR surface 

impoundment or legacy CCR surface 

impoundment in § 257.53 is not a CCR 

management unit. 

* * * * * 

CCR landfill or landfill means an area 

of land or an excavation that contains 

CCR and which is not a surface 

impoundment, an underground 

injection well, a salt dome formation, a 

salt bed formation, an underground or 

surface coal mine, or a cave. For 

purposes of this subpart, a CCR landfill 

also includes sand and gravel pits and 

quarries that contain CCR, CCR piles, 

and any practice that does not meet the 

definition of a beneficial use of CCR. 

* * * * * 

Facility means all contiguous land, 

and structures, other appurtenances, 

and improvements on the land, where 

CCR is treated, is stored, or is disposed; 

or where solid waste management of 

CCR is otherwise conducted. A facility 

may consist of several treatment, 

storage, or disposal operational units 

(e.g., one or more landfills, surface 

impoundments, or combinations of 

them). A facility includes any onsite soil 

or groundwater that contains CCR or 

leachate, or where one or more 

constituent listed in appendix IV of this 

part is detected at a statistically 

significant level above the groundwater 

protection standard. 

* * * * * 

Other Active Facility means a facility 

that meets all of the following 

conditions: 

(1) On or after October 19, 2015, the 

facility has produced electricity for the 

grid using fossil fuel; 

(2) By October 19, 2015, the facility 

had ceased placing at the facility any 

CCR generated by the onsite electric 

generating unit; and 


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(3) There are no regulated CCR units 

at the facility. 

* * * * * 

■ 4. Revise and republish § 257.75 to 

read as follows: 

§ 257.75 Requirements for identifying CCR 

management units and deadlines. 

(a) Applicability. The requirements of 

this section apply to owners and 

operators of facilities with a regulated 

CCR unit or other active facilities. 

(b) Facility evaluation. The owner or 

operator of a facility with a regulated 

CCR unit or other active facility must 

conduct a facility evaluation to identify 

all CCR management units at the facility 

in accordance with paragraphs (c) 

through (e) of this section. At a 

minimum, the presence or absence of 

CCR management units at the facility 

must be confirmed and documented 

through a thorough evaluation of 

reasonably and readily available records 

that contain the information needed to 

prepare the Facility Evaluation Reports 

Part 1 and Part 2 required by paragraphs 

(c) and (d) of this section. The facility 

evaluation must also include a physical 

inspection of the facility. Where 

necessary, the physical inspection must 

include field investigation activities to 

fill data gaps, such as conducting 

exploratory soil borings, geophysical 

assessments, or any other similar 

physical investigation activities to 

establish the location and boundaries of 

potential or likely CCR management 

units, and to affirmatively rule out other 

areas of potential CCR placement at the 

facility that were identified during the 

information review or physical 

inspection. The facility evaluation must 

identify all CCR management units at 

the facility regardless of when the CCR 

management unit came into existence. 

(c) Facility Evaluation Report Part 1. 

(1) No later than Monday, February 9, 

2026, the owner or operator of a facility 

with a regulated CCR unit or other 

active facility must prepare a Facility 

Evaluation Report Part 1, which shall 

contain, to the extent reasonably and 

readily available, the information 

specified in paragraphs (c)(1)(i) through 

(xiv) of this section. The owner or 

operator has prepared the Facility 

Evaluation Report Part 1 when the 

report has been placed in the facility’s 

operating record as required by 

§ 257.105(f)(25). 

(i) The name and address of the 

person(s) owning and operating the 

facility; the unit name associated with 

each regulated CCR unit and CCR 

management unit at the facility; and the 

identification number of each regulated 

CCR unit and CCR management unit if 

any have been assigned by the State or 

by the owner. 

(ii) The location of any CCR 

management unit identified on the most 

recent U.S. Geological Survey (USGS) 2 

minute or 15-minute topographic 

quadrangle map, or a topographic map 

of equivalent scale if a USGS map is not 

available. The location of each regulated 

CCR unit at the facility must also be 

identified in the same manner. 

(iii) A statement of the purpose(s) for 

which each CCR management unit at the 

facility is or was used. 

(iv) A description of the physical and 

engineering properties of the foundation 

and abutment materials on which each 

CCR management unit is constructed. 

(v) A discussion of any known spills 

or releases of CCR, including any 

associated remediation activities, from 

each CCR management unit and 

whether the spills or releases were 

reported to State or Federal agencies. 

(vi) Any record or knowledge of 

structural instability of each CCR 

management unit. 

(vii) Any record or knowledge of 

groundwater contamination associated 

or potentially associated with each CCR 

management unit. 

(viii) The size of each CCR 

management unit, including the general 

lateral and vertical dimensions and an 

estimate of the volume of waste 

contained within the unit. 

(ix) Dates when each CCR 

management unit first received CCR and 

when each CCR management unit 

ceased receiving CCR. 

(x) Identification of all types of CCR 

in each CCR management unit at the 

facility. 

(xi) A narrative description of any 

closure activities that have occurred, 

including any applicable engineering 

drawings or reports. 

(xii) A narrative that documents the 

data reviewed as part of the facility 

evaluation process, and that lists all 

data and information indicating the 

presence or absence of CCR 

management units at the facility. 

(xiii) Any supporting information 

used to identify and evaluate CCR 

management units at the facility, 

including but not limited to any 

construction diagrams, engineering 

drawings, permit documents, 

wastestream flow diagrams, aerial 

photographs, satellite images, historical 

facility maps, any field or analytical 

data, groundwater monitoring data or 

reports, inspection reports, 

documentation of interviews with 

current or former facility workers, and 

other documents used to identify and 

evaluate CCR management units at the 

facility. 

(xiv) A narrative description of any 

data gaps for information in paragraphs 

(c)(1)(i) through (xiii) of this section, not 

available in existing information 

collection records and a plan for 

remedying identified data gaps through 

a physical examination of the facility, 

including any field or laboratory work 

needed to remedy data gaps in the 

Facility Evaluation Report Part 1 record. 

The plan must include the major 

milestones needed to fill the identified 

data gaps (e.g., a physical examination 

of the facility, sampling of media, 

measurements of CCR concentrations in 

and around the unit or physical 

presence, delineation of CCR 

management unit(s)) and dates to 

complete such needed tasks. Also, as 

necessary and timely, any updates to 

data gap remedy plans must be added to 

the public record during the Facility 

Evaluation Report Part 1. 

(2) The owner or operator of any 

facility regulated under this subpart 

must obtain a certification from a 

qualified professional engineer stating 

that the Facility Evaluation Report Part 

1 meets the requirements of paragraph 

(c)(1) of this section. 

(3) The owner or operator of any 

facility regulated under this subpart 

must certify the Facility Evaluation 

Report Part 1 required by paragraph 

(c)(1) of this section with the following 

statement signed by the owner or 

operator or an authorized 

representative: 

I certify under penalty of law that I have 

personally examined and am familiar with 

the information submitted in this 

demonstration and all attached documents, 

and that, based on my inquiry of those 

individuals immediately responsible for 

obtaining the information, I believe that the 

submitted information is true, accurate, and 

complete. I am aware that there are 

significant penalties for submitting false 

information, including the possibility of fine 

and imprisonment. 

(4) No later than Monday, February 9, 

2026, the owner or operator must notify 

the Agency of the establishment of a 

CCR website using the procedures in 

§ 257.107(a) via the ‘‘contact us’’ form 

on EPA’s CCR website. 

(5) The owner or operator of any 

facility regulated under this subpart that 

does not contain any CCR management 

unit must submit Facility Evaluation 

Report Part 1 documenting the steps 

taken during the facility evaluation to 

determine the absence of any CCR 

management unit. The Facility 

Evaluation Report Part 1 must include 

the certifications required under 

paragraph (c)(3) of this section. 

(d) Facility Evaluation Report Part 2. 

(1) No later than Monday, February 8, 


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2027, the owner or operator of a facility 

with a regulated CCR unit or other 

active facility must prepare a Facility 

Evaluation Report Part 2, which shall 

contain, to the extent not provided in 

the Facility Evaluation Report Part 1 

under paragraph (c) of this section, the 

information specified in paragraphs 

(d)(1)(i) through (xiv) of this section 

obtained from a physical evaluation of 

the facility, including where necessary 

field sampling. The owner or operator 

has prepared the Facility Evaluation 

Report Part 2 when the report has been 

placed in the facility’s operating record 

as required by § 257.105(f)(26). 

(i) The name and address of the 

person(s) owning and operating the 

facility; the unit name associated with 

each regulated CCR unit and CCR 

management unit at the facility; and the 

identification number of each regulated 

CCR unit and CCR management unit if 

any have been assigned by the State or 

by the owner. 

(ii) The location of any CCR 

management unit identified on the most 

recent U.S. Geological Survey (USGS) 2 

minute or 15-minute topographic 

quadrangle map, or a topographic map 

of equivalent scale if a USGS map is not 

available. The location of each regulated 

CCR unit at the facility must also be 

identified in the same manner. 

(iii) A statement of the purpose(s) for 

which each CCR management unit at the 

facility is or was used. 

(iv) A description of the physical and 

engineering properties of the foundation 

and abutment materials on which each 

CCR management unit was constructed. 

(v) Any further evidence of known 

spills or releases, including any 

associated remediation activities, of 

CCR from each CCR management unit 

and whether the spills or releases were 

reported to State or Federal agencies. 

(vi) Any further evidence of structural 

instability of each CCR management 

unit. 

(vii) Any further evidence of 

groundwater contamination associated 

or potentially associated with each CCR 

management unit. 

(viii) The size of each CCR 

management unit, including the general 

lateral and vertical dimensions and an 

estimate of the volume of CCR 

contained within the unit. 

(ix) Identification of the types of CCR 

in each CCR management unit. 

(x) A narrative description of any 

closure activities that have occurred, 

including any applicable engineering 

drawings or reports. 

(xi) A narrative that documents the 

nature and extent of field oversight 

activities and data reviewed as part of 

the facility evaluation process, and that 

lists all data and information that was 

reviewed indicating the presence or 

absence of CCR management units at the 

facility. 

(xii) Any additional supporting 

information used to identify and 

evaluate CCR management units at the 

facility, including but not limited to any 

construction diagrams, engineering 

drawings, permit documents, 

wastestream flow diagrams, aerial 

photographs, satellite images, historical 

facility maps, any field or analytical 

data, groundwater monitoring data or 

reports, inspection reports, and other 

documents used to identify and assess 

CCR management units at the facility. 

Additionally, as necessary and timely, 

any updates to the part 1 data gap 

remedy plan must be added to the 

record during the facility evaluation 

report part 2 timeframe. 

(xiii) The Facility Evaluation Report 

Part 2 must explain how each data gap 

identified in Facility Evaluation Report 

Part 1 was addressed. 

(xiv) A description of each CCR 

management unit for which regulation 

under this subpart is deferred for 

allowable reasons as specified in 

§ 257.101(g) or (h). The owner or 

operator must provide documentation in 

the Facility Evaluation Report Part 2 to 

substantiate that the requirements 

§ 257.101(g) or (h) have been met. 

(2) The owner or operator of any 

facility regulated under this subpart 

must obtain a certification from a 

qualified professional engineer stating 

that the Facility Evaluation Report Part 

2 meets the requirements of paragraph 

(d)(1) of this section. 

(3) The owner or operator of any 

facility regulated under this subpart 

must certify the Facility Evaluation 

Report Part 2 required by paragraph 

(d)(1) of this section with the following 

statement signed by the owner or 

operator or an authorized 

representative: 

I certify under penalty of law that I have 

personally examined and am familiar with 

the information submitted in this 

demonstration and all attached documents, 

and that, based on my inquiry of those 

individuals immediately responsible for 

obtaining the information, I believe that the 

submitted information is true, accurate, and 

complete. I am aware that there are 

significant penalties for submitting false 

information, including the possibility of fine 

and imprisonment. 

(4) The owner or operator of any 

facility regulated under this subpart that 

does not contain any CCR management 

unit must submit Facility Evaluation 

Report Part 2 documenting the steps 

taken during the facility evaluation to 

determine the absence of any CCR 

management unit. The Facility 

Evaluation Report Part 2 must include 

the certifications required under 

paragraph (d)(3) of this section. 

(e) Except as provided in paragraphs 

(e)(6) and (7) of this section, the owner 

or operator of a CCR management unit 

must comply with all of the following: 

(1) Facility evaluation. (i) No later 

than February 9, 2026, prepare a Facility 

Evaluation Report Part 1 as specified in 

§ 257.75(c); 

(ii) No later than February 9, 2026, 

notify the Agency of the establishment 

of a CCR website as specified in 

§ 257.75(c)(4); 

(iii) No later than February 8, 2027, 

prepare a Facility Evaluation Report 

Part 2 as specified in § 257.75(d); 

(2) Fugitive dust requirements. The 

owner or operator of a CCR management 

unit must amend the written facility 

fugitive dust plan no later than 30 days 

whenever there is a change in 

conditions that would substantially 

affect the written plan in effect, such as 

the construction and operation of a new 

CCR unit, as specified in § 257.80(b)(6). 

(i) The owner or operator of a CCR 

management unit at an other active 

facility must prepare the initial fugitive 

dust plan no later than August 9, 2027 

as specified in § 257.80(b)(5)(ii). 

(ii) The owner or operator of a CCR 

management unit at an other active 

facility must, prepare the initial annual 

fugitive dust control report no later than 

October 9, 2028 as specified in 

§ 257.80(c). 

(3) Groundwater monitoring and 

corrective action. (i) No later than May 

8, 2028, be in compliance with the 

requirements of § 257.90(b)(3); 

(ii) No later than January 31, 2029, 

prepare the initial groundwater 

monitoring and corrective action report 

as set forth in § 257.90(e). 

(4) Closure and post-closure care. 

Except as provided in (e)(8) of this 

section: 

(i) No later than November 8, 2028, 

prepare an initial written closure plan 

as specified in § 257.102(b); 

(ii) No later than November 8, 2028, 

prepare an initial written post-closure 

care plan as specified in § 257.104(d); 

and 

(iii) No later than May 8, 2029, initiate 

the closure of the CCR management unit 

as specified in § 257.101(f)(1). 

(iv) No later than the date closure of 

the CCR management unit is initiated, 

complete the notification of intent to 

close as specified in § 257.102(g). 

(v) No later than the deadlines 

specified under § 257.102(f), complete 

closure of the CCR management unit. 

(vi) Within 30 days of completing 

closure of the CCR management unit, 


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complete the notification of completion 

of closure as specified in § 257.102(h). 

(vii) For owners and operators of CCR 

management units operating under the 

deferral provisions in § 257.101(g) and 

(h), the closure deadlines of this 

paragraph (e)(4) are deferred until 

permitting as described in § 257.101(g) 

or (h); 

(5) Recordkeeping, Notification, and 

internet Posting. Comply with all 

applicable recordkeeping, notification, 

and internet posting requirements as 

specified in §§ 257.105 through 257.107. 

(6) For owners and operators of CCR 

management units that have utilized the 

legacy CCR surface impoundment 

applicability report extension(s) in 

§ 257.100(f)(1)(iii), the deadlines in 

paragraphs (e)(1) through (5) of this 

section are adjusted by the length of the 

extension(s) as described in 

§ 257.100(f)(1)(iii)(E). 

(7) For owners and operators of CCR 

management units that are operating 

under the provisions in § 257.100(h)(2), 

the deadlines in paragraphs (e)(1) 

through (5) of this section are adjusted 

as described in § 257.100(h)(2) 

(f) The owner or operator of the 

facility must comply with the 

recordkeeping requirements specified in 

§ 257.105(f), the notification 

requirements specified in § 257.106(f), 

and the internet requirements specified 

in § 257.107(f). 

■ 5. Amend § 257.80 by revising 

paragraph (b)(5) to read as follows: 

§ 257.80 Air criteria. 

* * * * * 

(b) * * * 

(5) (i) Except as provided in 

§ 257.100(a)(1), (e)(4)(i), and (f)(3)(i), the 

owner or operator of a regulated CCR 

unit must prepare an initial CCR 

fugitive dust control plan for the facility 

no later than October 19, 2015, or by 

initial receipt of CCR in any CCR unit 

at the facility if the owner or operator 

becomes subject to this subpart after 

October 19, 2015. 

(ii) The owner or operator of a CCR 

management unit at an other active 

facility must prepare an initial CCR 

fugitive dust control plan for the facility 

no later than August 9, 2027. 

(iii) The owner or operator has 

completed the initial CCR fugitive dust 

control plan when the plan has been 

placed in the facility’s operating record 

as required by § 257.105(g)(1). 

* * * * * 

■ 6. Amend § 257.90 by revising 

paragraph (b)(3)(iii) and adding (b)(4) to 

read as follows: 

§ 257.90 Applicability. 

* * * * * 

(b) * * * 

(3) * * * 

(iii) Initiate the detection monitoring 

and assessment monitoring programs to 

include obtaining a minimum of eight 

independent samples for each 

background and downgradient well, as 

required by §§ 257.94(b) and 257.95. 

* * * * * 

(4) Inactive CCR surface 

impoundments and legacy CCR surface 

impoundments. (i) Except for as 

provided in paragraph (b)(4)(ii) of this 

section, owners and operators of 

inactive CCR surface impoundments 

must comply with the initial 

groundwater monitoring and corrective 

action requirements no later than April 

17, 2019, as specified in 

§ 257.100(e)(5)(i). 

(ii) Owners and operators of inactive 

CCR surface impoundments at active 

electric utilities and independent power 

producers that generate electricity 

without the use of fossil fuel, provided 

the facility has not generated electricity 

using fossil fuels on or after October 19, 

2015, must comply with the initial 

groundwater monitoring and corrective 

action requirements no later than May 

10, 2027, as specified in § 257.100(a)(1) 

and (f)(4)(i) through (iii). 

(iii) Owners and operators of legacy 

CCR surface impoundments must 

comply with the initial groundwater 

monitoring and corrective action 

requirements no later than May 10, 

2027, as specified in § 257.100(f)(4)(i) 

through (iii). 

* * * * * 

■ 7. Amend § 257.95 by revising 

paragraphs (a) and (b) to read as follows: 

§ 257.95 Assessment monitoring program. 

(a) Assessment monitoring is required 

for all of the following: 

(1) Whenever a statistically significant 

increase over background levels has 

been detected for one or more of the 

constituents listed in appendix III to 

this part; 

(2) For legacy CCR surface 

impoundments, assessment monitoring 

must be initiated no later than Monday, 

May 10, 2027; and 

(3) For CCR management units, 

assessment monitoring must be initiated 

no later than Monday, May 8, 2028. 

(b) Within 90 days of triggering an 

assessment monitoring program, or as 

provided in §§ 257.90(b)(3) and 

257.100(f)(4), and annually thereafter, 

the owner or operator of the CCR unit 

must sample and analyze the 

groundwater for all constituents listed 

in appendix IV to this part.-The number 

of samples collected and analyzed for 

each well during each sampling event 

must be consistent with § 257.93(e), and 

must account for any unique 

characteristics of the site, but must be at 

least one sample from each well. 

* * * * * 

■ 8. Revise and republish § 257.100 to 

read as follows: 

§ 257.100 Inactive CCR surface 

impoundments and Legacy CCR surface 

impoundments. 

(a) General. (1) Inactive CCR surface 

impoundments are subject to all of the 

requirements of this subpart applicable 

to existing CCR surface impoundments, 

except that an active electric utility or 

independent power producer that 

generates electricity without the use of 

fossil fuel is subject to the compliance 

requirements and associated deadlines 

applicable to legacy CCR surface 

impoundments in paragraph (f)(1) of 

this section, provided the facility has 

not generated electricity using fossil 

fuels on or after October 19, 2015. 

(2) Legacy CCR surface 

impoundments are subject to all of the 

requirements of this subpart applicable 

to existing CCR surface impoundments, 

except for the requirements in §§ 257.60 

through 257.64 and 257.71. 

(b) through (d) [Reserved] 

(e) Timeframes for certain inactive 

CCR surface impoundments. (1) An 

inactive CCR surface impoundment for 

which the owner or operator has 

completed the actions by the deadlines 

specified in paragraphs (e)(1)(i) through 

(iii) of this section is eligible for the 

alternative timeframes specified in 

paragraphs (e)(2) through (6) of this 

section. The owner or operator of the 

CCR unit must comply with the 

applicable recordkeeping, notification, 

and internet requirements associated 

with these provisions. For the inactive 

CCR surface impoundment: 

(i) The owner or operator must have 

prepared and placed in the facility’s 

operating record by December 17, 2015, 

a notification of intent to initiate closure 

of the inactive CCR surface 

impoundment pursuant to 

§ 257.105(i)(1); 

(ii) The owner or operator must have 

provided notification to the State 

Director and/or appropriate Tribal 

authority by January 19, 2016, of the 

intent to initiate closure of the inactive 

CCR surface impoundment pursuant to 

§ 257.106(i)(1); and 

(iii) The owner or operator must have 

placed on its CCR website by January 

19, 2016, the notification of intent to 

initiate closure of the inactive CCR 

surface impoundment pursuant to 

§ 257.107(i)(1). 

(2) Location restrictions. (i) No later 

than April 16, 2020, the owner or 


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operator of the inactive CCR surface 

impoundment must: 

(A) Complete the demonstration for 

placement above the uppermost aquifer 

as set forth by § 257.60(a), (b), and (c)(3); 

(B) Complete the demonstration for 

wetlands as set forth by § 257.61(a), (b), 

and (c)(3); 

(C) Complete the demonstration for 

fault areas as set forth by § 257.62(a), (b), 

and (c)(3); 

(D) Complete the demonstration for 

seismic impact zones as set forth by 

§ 257.63(a), (b), and (c)(3); and 

(E) Complete the demonstration for 

unstable areas as set forth by § 257.64(a), 

(b), (c), and (d)(3). 

(ii) An owner or operator of an 

inactive CCR surface impoundment who 

fails to demonstrate compliance with 

the requirements of paragraph (e)(2)(i) of 

this section is subject to the closure 

requirements of § 257.101(b)(1). 

(3) Design criteria. The owner or 

operator of the inactive CCR surface 

impoundment must: 

(i) No later than April 17, 2018, 

complete the documentation of liner 

type as set forth by § 257.71(a) and (b). 

(ii) No later than June 16, 2017, place 

on or immediately adjacent to the CCR 

unit the permanent identification 

marker as set forth by § 257.73(a)(1). 

(iii) No later than October 16, 2018, 

prepare and maintain an Emergency 

Action Plan as set forth by 

§ 257.73(a)(3). 

(iv) No later than April 17, 2018, 

compile a history of construction as set 

forth by § 257.73(b) and (c). 

(v) No later than April 17, 2018, 

complete the initial hazard potential 

classification, structural stability, and 

safety factor assessments as set forth by 

§ 257.73(a)(2), (b), (d), (e), and (f). 

(4) Operating criteria. The owner or 

operator of the inactive CCR surface 

impoundment must: 

(i) No later than April 18, 2017, 

prepare the initial CCR fugitive dust 

control plan as set forth in § 257.80(b). 

(ii) No later than April 17, 2018, 

prepare the initial inflow design flood 

control system plan as set forth in 

§ 257.82(c). 

(iii) No later than April 18, 2017, 

initiate the inspections by a qualified 

person as set forth by § 257.83(a). 

(iv) No later than July 19, 2017, 

complete the initial annual inspection 

by a qualified professional engineer as 

set forth by § 257.83(b). 

(5) Groundwater monitoring and 

corrective action. The owner or operator 

of the inactive CCR surface 

impoundment must: 

(i) No later than April 17, 2019, 

comply with groundwater monitoring 

requirements set forth in §§ 257.90(b) 

and 257.94(b); and 

(ii) No later than August 1, 2019, 

prepare the initial groundwater 

monitoring and corrective action report 

as set forth in § 257.90(e). 

(6) Closure and post-closure care. The 

owner or operator of the inactive CCR 

surface impoundment must: 

(i) No later than April 17, 2018, 

prepare an initial written closure plan 

as set forth in § 257.102(b); and 

(ii) No later than April 17, 2018, 

prepare an initial written post-closure 

care plan as set forth in § 257.104(d). 

(f) Timeframes for legacy CCR surface 

impoundments. Owners and operators 

of legacy CCR surface impoundments 

are subject to the requirements of 

paragraphs (f)(1) through (5) of this 

section, except as provided in 

paragraphs (g) through (i) of this section. 

(1) Legacy CCR surface impoundment 

applicability report. (i) Except as 

provided in paragraph (f)(1)(iii) of this 

section, owners and operators of legacy 

CCR surface impoundments must 

prepare a report for each legacy CCR 

surface impoundment no later than 

Friday, November 8, 2024. The owner or 

operator has prepared the applicability 

report when the report has been placed 

in the facility’s operating record as 

required by § 257.105(k)(1). At a 

minimum, the report for each legacy 

CCR surface impoundment must 

contain: 

(A) The name and address of the 

person(s) owning and operating the 

legacy CCR surface impoundment with 

their business phone number and email 

address. 

(B) The name associated with the 

legacy CCR surface impoundment. 

(C) Information to identify the legacy 

CCR surface impoundment, including a 

figure of the facility and where the unit 

is located at the facility, facility address, 

and the latitude and longitude of the 

facility. 

(D) The identification number of the 

legacy CCR surface impoundment if one 

has been assigned by the state. 

(E) A description of the current site 

conditions, including the current use of 

the inactive facility. 

(ii) (A) The owner or operator of any 

legacy CCR surface impoundment must 

certify the applicability report required 

by paragraph (f)(1)(i) of this section with 

the following statement signed by the 

owner or operator or an authorized 

representative: 

I certify under penalty of law that I 

have personally examined and am 

familiar with the information submitted 

in this demonstration and all attached 

documents, and that, based on my 

inquiry of those individuals 

immediately responsible for obtaining 

the information, I believe that the 

submitted information is true, accurate, 

and complete. I am aware that there are 

significant penalties for submitting false 

information, including the possibility of 

fine and imprisonment. 

(B) The owner or operator must notify 

the Agency of the establishment of the 

facility’s CCR website and the 

applicability of the rule, using the 

procedures in § 257.107(a) via the 

‘‘contact us’’ form on EPA’s CCR 

website. 

(iii)(A) Notwithstanding the deadline 

to complete the applicability report 

under paragraph (f)(1)(i) of this section, 

an owner or operator may secure 

additional time to complete the report 

for the sole reason of determining 

through a field investigation whether 

the unit contains both CCR and liquids. 

The amount of additional time that can 

be secured is limited as specified in 

paragraph (f)(1)(iii)(B) of this section. 

For owners and operators following the 

procedures of this paragraph (f)(1)(iii), 

the compliance timeframes for all other 

applicable requirements under this 

subpart are adjusted by the length of the 

extension(s) justified under this 

paragraph (f)(1)(iii). To qualify for 

additional time, the owner or operator 

must prepare an applicability extension 

report consisting of the following: 

(1) The information specified in 

paragraph (f)(1)(i)(A) through (C) of this 

section; 

(2) A statement by the owner or 

operator that to the best of their 

knowledge or belief, existing and 

available information does not provide 

a sufficient basis to determine that the 

unit contained free liquids on or after 

October 19, 2015; and 

(3) The details of a written field 

investigation work plan, including all of 

the following: 

(i) A detailed description of the 

approach to characterize the physical, 

topographic, geologic, hydrogeologic, 

and hydraulic properties of the CCR in 

the unit and native geologic materials 

beneath and surrounding the unit, and 

how those properties will be used to 

investigate for the presence of free 

liquids in the CCR unit. 

(ii) A detailed description of the 

methods and tools that will be 

employed to determine whether the unit 

contains free liquids, the rationale for 

choosing these methods and tools, how 

these methods and tools will be 

implemented, and at what level of 

spatial resolution at the CCR unit to 

identify and monitor for the presence of 

free liquids. 

(iii) A detailed description of how 

groundwater elevations will be 

determined, and at what level of spatial 

resolution, in relation to the sides and 


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bottom of the CCR unit and how any 

intersection of the groundwater table 

with the CCR unit will be evaluated, 

and at what level of spatial resolution. 

(iv) A plan for evaluating stormwater 

flow over the surface of the unit, 

stormwater drainage from the unit, and 

stormwater infiltration into the unit and 

how those processes may result in the 

formation of free liquids in the CCR 

unit. This plan must include a current 

topographic map showing surface water 

flow and any pertinent natural or manmade features present relevant to 

stormwater drainage, infiltration and 

related processes. 

(v) An estimated timeline to complete 

the workplan and make a determination 

if the CCR unit contains free liquids. 

(vi) A narrative discussion of how the 

results from implementing the workplan 

will determine whether the unit 

contains free liquids specified. 

(vii) A narrative discussion describing 

any anticipated problems that may be 

encountered during implementation of 

the workplan and what actions will be 

taken to resolve the problems, and 

anticipated timeframes necessary for 

such a contingency. 

(viii) The owner or operator of the 

CCR unit must obtain a written 

certification from a qualified 

professional engineer stating that the 

field investigation work plan meets the 

requirements of paragraph 

(f)(1)(iii)(A)(3) of this section. 

(B) The maximum amount of 

additional time that can be secured 

under paragraph (f)(1)(iii) of this section 

is 18 months, secured in 6-month 

increments, provided each 6-month 

increment is supported by an 

applicability extension report. 

(C) Owners and operator must prepare 

the initial applicability extension report 

no later than Friday, November 8, 2024. 

Subsequent applicability extension 

reports must be prepared no later than 

6 months after completing the preceding 

applicability extension report. The 

owner or operator has prepared the 

applicability extension report when the 

report is placed in the facility’s 

operating record as required by 

§ 257.105(k)(2). 

(D) No later than Friday, November 8, 

2024, the owner or operator must notify 

the Agency of the establishment of a 

CCR website using the procedures in 

§ 257.107(a) via the ‘‘contact us’’ form 

on EPA’s CCR website. 

(E) If the owner or operator 

determines that the unit contains free 

liquids during implementation of the 

written field investigation workplan, the 

owner or operator must cease operating 

under these extension provisions and 

prepare the applicability report required 

by paragraph (f)(1) of this section within 

14 days of determining that the unit 

contains free liquids. The owner or 

operator must comply with all other 

applicable requirements under this 

subpart under new timeframes. The new 

timeframes are determined by adding 

the total length of the extension(s) 

justified under paragraph (f)(1)(iii) of 

this section to each of the applicable 

requirement deadlines specified under 

this subpart. 

(F) If the owner or operator 

determines that the unit does not 

contain both CCR and liquids during 

implementation of the written field 

investigation work plan, the owner or 

operator must prepare a notification 

stating that the field investigation has 

concluded and that the owner or 

operator has determined that the unit 

does not contain both CCR and liquids 

and does not meet the definition of a 

legacy CCR surface impoundment. The 

owner or operator has prepared the 

notification when the report is placed in 

the facility’s operating record as 

required by § 257.105(k)(3). 

(G) If the owner or operator does not 

complete the field investigation work 

within the timeframes specified in 

paragraph (f)(1)(iii)(B) of this section, 

the unit shall be considered a legacy 

CCR surface impoundment and must 

comply with all other applicable 

requirements under this subpart 

pursuant to the timeframes specified 

under paragraph (f)(1)(iii)(E) of this 

section. 

(2) Design criteria. The owner or 

operator of a legacy CCR surface 

impoundment must: 

(i) Except for legacy CCR surface 

impoundments that are incised, no later 

than Wednesday, January 8, 2025, place 

on or immediately adjacent to the CCR 

unit the permanent identification 

marker as set forth by § 257.73(a)(1). 

(ii) Except for legacy CCR surface 

impoundments that do not exceed the 

height and/or storage volume thresholds 

under § 257.73(b), no later than 

Monday, February 9, 2026, compile a 

history of construction as set forth by 

§ 257.73(c). 

(iii) Except for legacy CCR surface 

impoundments that are incised, no later 

than Friday, May 8, 2026, complete the 

initial hazard potential classification 

assessment as set forth by § 257.73(a)(2) 

and (f). 

(iv) Except for legacy CCR surface 

impoundments that do not exceed the 

height and/or storage volume thresholds 

under § 257.73(b), no later than Friday, 

May 8, 2026, complete the structural 

stability and safety factor assessments as 

set forth by § 257.73(d), (e), and (f). 

(v) Except for legacy CCR surface 

impoundments that are incised, no later 

than Friday, May 8, 2026, prepare and 

maintain an Emergency Action Plan as 

set forth by § 257.73(a)(3). 

(3) Operating criteria. The owner or 

operator of the legacy CCR surface 

impoundment must: 

(i) No later than Friday, November 8, 

2024, prepare the initial CCR fugitive 

dust control plan as set forth in 

§ 257.80(b). 

(ii) No later than Friday, November 8, 

2024, prevent the unknowing entry, and 

minimize the possibility for the 

unauthorized entry, of persons or 

livestock onto the legacy CCR surface 

impoundment. 

(iii) No later than Friday, November 8, 

2024, initiate the inspections by a 

qualified person as set forth by 

§ 257.83(a). 

(iv) No later than Monday, February 

10, 2025, complete the initial annual 

inspection by a qualified professional 

engineer as set forth by § 257.83(b). 

(v) No later than Friday, May 8, 2026, 

prepare the initial inflow design flood 

control system plan as set forth in 

§ 257.82(c). 

(vi) No later than Thursday, January 8, 

2026, prepare the initial annual fugitive 

dust control report as set forth in 

§ 257.80(c). 

(4) Groundwater monitoring and 

corrective action. No later than Monday, 

May 10, 2027, the owner or operator of 

the legacy CCR surface impoundment 

must: 

(i) Install the groundwater monitoring 

system as required by § 257.91. 

(ii) Develop the groundwater 

sampling and analysis program, 

including the selection of the statistical 

procedures, that will be used for 

evaluating groundwater monitoring data 

as required by § 257.93. 

(iii) Be in compliance with the 

following groundwater monitoring 

requirements: 

(A) Initiate the detection monitoring 

and assessment monitoring programs to 

include obtaining a minimum of eight 

independent samples for each 

background and downgradient well, as 

required by §§ 257.94(b) and 257.95. 

(B) Begin evaluating the groundwater 

monitoring data for statistically 

significant increases over background 

levels for the constituents listed in 

appendix III of this part, as required by 

§ 257.94. 

(C) Begin evaluating the groundwater 

monitoring data for statistically 

significant levels over groundwater 

protection standards for the constituents 

listed in appendix IV of this part as 

required by § 257.95. 


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4648 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

(iv) No later than January 31, 2028, 

prepare the initial groundwater 

monitoring and corrective action report 

as set forth in § 257.90(e). 

(5) Closure and post-closure care. 

Except as provided in § 257.102(g), the 

owner or operator of the legacy CCR 

surface impoundment must: 

(i) No later than Monday, November 

8, 2027, prepare an initial written 

closure plan as set forth in § 257.102(b); 

and 

(ii) No later than Monday, November 

8, 2027, prepare an initial written postclosure care plan as set forth in 

§ 257.104(d). 

(g) For owners and operators of legacy 

CCR surface impoundments that 

completed closure of the CCR unit by 

removal of waste prior to Friday, 

November 8, 2024, no later than Friday, 

November 8, 2024, complete a closure 

certification that includes the 

information in paragraphs (g)(1) through 

(g)(6) of this section. If the owner or 

operator meets all the requirements of 

this paragraph (g), no further 

requirements under this subpart apply. 

(1) The type and volume of CCR and 

all other materials in the unit prior to 

closure; 

(2) The methods used to verify 

complete removal of all CCR and other 

contaminated materials from the unit, 

including any post-removal sampling 

and analysis; 

(3) Documentation that all CCR and 

other contaminated materials were 

removed from the unit, including, the 

results of any post-removal sampling 

and analysis that was conducted; 

(4) The methods used to verify 

complete decontamination of all areas 

affected by releases from the unit, 

including but not limited to postdecontamination sampling and analysis; 

(5) Documentation that all areas 

affected by releases from the unit were 

decontaminated and that all 

groundwater affected by releases has 

achieved groundwater protection 

standards; and 

(6) Document that groundwater 

monitoring concentrations do not 

exceed the groundwater protection 

standards established pursuant to 

§ 257.95(h) for constituents listed in 

appendix IV to this part. The 

documentation must also include a 

demonstration that the groundwater 

monitoring system has met all of the 

following: 

(i) Was capable of accurately 

representing background water quality 

unaffected by a CCR unit; 

(ii) Was capable of accurately 

representing the quality of water passing 

the waste boundary of the unit; 

(iii) Was capable of detecting 

contamination in the uppermost aquifer; 

(iv) Monitored all potential 

contaminant pathways; 

(v) Established groundwater 

background concentrations for appendix 

IV constituents and compared samples 

to those background concentrations; 

(vi) Monitoring wells must have been 

cased in a manner that maintains the 

integrity of the monitoring well 

borehole. This casing must have been 

screened or perforated and packed with 

gravel or sand, where necessary, to 

enable collection of groundwater 

samples. The annular space (i.e., the 

space between the borehole and well 

casing) above the sampling depth must 

have been sealed to prevent 

contamination of samples and the 

groundwater; and 

(vii) The last groundwater monitoring 

sample used to document that the 

standard in paragraph (g)(6) of this 

section has been met must have been 

collected no earlier than one year prior 

to the initiation of closure. 

(h) If the owner or operator of a legacy 

CCR surface impoundment is unable to 

complete the closure by removal 

certification by November 8, 2024, they 

may elect to conduct groundwater 

monitoring in accordance with 

§§ 257.90 through 257.95 to demonstrate 

there are no exceedances of the 

groundwater protection standards. If the 

owner or operator meets all the 

requirements of paragraph (h)(1) of this 

section, no further requirements under 

this subpart apply. If the owner or 

operator does not meet the requirements 

of paragraph (h)(1) of this section by 

Monday, May 8, 2028 or if one or more 

constituents in appendix IV to this part 

are detected at statistically significant 

levels above the groundwater protection 

standard established under § 257.95(h), 

they must proceed in accordance with 

paragraph (h)(2) of this section. 

(1) In order to comply with this 

paragraph (h)(1), the owner or operator 

must complete all of the following: 

(i) Prepare a notification of intent to 

certify closure no later than Friday, 

November 8, 2024. The owner or 

operator has prepared the notification 

when the report is placed in the 

facility’s operating record as required by 

§ 257.105(k)(4). 

(ii) Conduct groundwater monitoring 

in accordance with §§ 257.90–257.95 for 

at least two consecutive sampling events 

to demonstrate that all constituents in 

appendix IV of this part have 

concentrations that do not exceed the 

groundwater protection standards listed 

in § 257.95(h). 

(iii) Complete a closure by removal 

certification documenting compliance 

with paragraphs (g)(1) through (5) and 

(h)(1)(ii) of this section no later than 

Monday, May 8, 2028. 

(2) If the owner or operator does not 

meet the requirements of paragraph 

(h)(1) of this section (e.g., by the date or 

they detect an SSL of an appendix IV 

constituent), they must comply with all 

of the following: 

(i) If a statistically significant level is 

detected, the corrective action 

provisions and proceed in accordance 

with § 257.102(c)(2). 

(ii) The permanent marker 

requirements in § 257.73(a)(1) no later 

than 8 months from the date they 

became subject to this requirement. 

(iii) The applicability report 

requirements of paragraph (f)(1)(i) of 

this section no later than 6 months from 

the date they became subject to this 

requirement. 

(iv) The facility evaluation provisions 

for CCR management units under 

§ 257.75 no later than 33 months from 

the date they became subject to this 

requirement. 

(v) If any CCR management unit is 

discovered after completing the facility 

evaluation report, the fugitive dust 

requirements of § 257.80(b) no later than 

6 months from the date of the facility 

evaluation report. 

(vi) The groundwater monitoring 

requirements for CCR management units 

under § 257.90(b)(3)(i) through (iv) no 

later than 48 months from the date they 

became subject to this requirement. 

(vii) The requirement to prepare an 

initial written closure plan for CCR 

management units consistent with the 

requirements specified in 

§ 257.102(b)(1) no later than 54 months 

from the date they became subject to 

this requirement. 

(viii) The requirement to prepare an 

initial post-closure plan for CCR 

management units consistent with the 

requirements specified in 

§ 257.104(d)(2)(iii) no later than 54 

months from the date they became 

subject to this requirement. 

(ix) The requirement to initiate the 

closure of CCR management units in 

accordance with the requirements of 

§ 257.102 no later than 60 months from 

the date they became subject to this 

(i) Owners and operators of legacy 

CCR surface impoundments that, prior 

to Friday, November 8, 2024, either 

completed closure of the unit in 

accordance with § 257.102(d) or met the 

requirements in § 257.101(g) must only: 

(1) Prepare the applicability report as 

set forth by § 257.100(f)(1) no later than 

November 8, 2024; 

(2) Prevent the unknowing entry, and 

minimize the possibility for the 

unauthorized entry, of persons or 


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Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4649 

livestock onto the legacy CCR surface 

impoundment as set forth in 

§ 257.100(f)(3)(ii) no later than 

November 8, 2024; 

(3) Place on or immediately adjacent 

to the unit the permanent identification 

marker as set forth by § 257.73(a)(1) no 

later than January 8, 2025; 

(4) Compile a history of construction 

as set forth by § 257.73(c) no later than 

February 9, 2026; 

(5) Prepare the initial CCR fugitive 

dust control plan as set forth in 

§ 257.80(b) no later than November 8, 

2024; 

(6) Prepare the initial annual fugitive 

dust control report as set forth in 

§ 257.80(c) no later than January 8, 

2026; 

(7) No later than May 10, 2027, the 

owner or operator of the legacy CCR 

surface impoundment must: 

(i) Install the groundwater monitoring 

system as required by § 257.91; 

(ii) Develop the groundwater 

sampling and analysis program, 

including the selection of the statistical 

procedures, that will be used for 

evaluating groundwater monitoring data 

as required by § 257.93; 

(iii) Be in compliance with the 

following groundwater monitoring 

requirements: 

(A) Initiate the detection monitoring 

and assessment monitoring programs to 

include obtaining a minimum of eight 

independent samples for each 

background and downgradient well, as 

required by §§ 257.94(b) and 257.95. 

(B) Begin evaluating the groundwater 

monitoring data for statistically 

significant increases over background 

levels for the constituents listed in 

appendix III of this part, as required by 

§ 257.94; 

(C) Begin evaluating the groundwater 

monitoring data for statistically 

significant levels over groundwater 

protection standards for the constituents 

listed in appendix IV of this part as 

required by § 257.95; 

(8) Include in the applicability report 

specified in § 257.100(f)(1) information 

on the completed closure, along with 

supporting documentation to 

demonstrate that the closure meets the 

performance standards in § 257.102(d) 

or the standards specified in 

§ 257.101(g); 

(9) Prepare an initial written postclosure care plan as set forth in 

§ 257.104(d) no later than November 8, 

2027; 

(10) Conduct post-closure care as set 

forth in § 257.104(b); and 

(11) Comply with applicable 

recordkeeping, notification, and website 

posting requirements as set forth by 

§§ 257.105 through 257.107. 

(j) The owner or operator of the legacy 

CCR surface impoundment must comply 

with the recordkeeping requirements 

specified in § 257.105(k), the 

notification requirements specified in 

§ 257.106(k), and the internet 

requirements specified in § 257.107(k). 

■ 9. Amend § 257.102 by adding 

paragraphs (e)(4)(vi) and (vii), and 

revising paragraph (f)(1)(ii) to read as 

follows: 

§ 257.102 Criteria for conducting the 

closure or retrofit of CCR units and closure 

of CCR management units. 

* * * * * 

(e) * * * 

(4) * * * 

(vi) An owner or operator of a legacy 

CCR surface impoundment closing the 

CCR unit as required by § 257.101(e). 

(vii) An owner or operator of a CCR 

management unit closing the CCR unit 

as required by § 257.101(f). 

(f) * * * 

(1) * * * 

(ii) For existing and new CCR surface 

impoundments, any lateral expansion of 

a CCR surface impoundment, and legacy 

CCR surface impoundments, within five 

years of commencing closure activities. 

* * * * * 

[FR Doc. 2025–00848 Filed 1–15–25; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 50 

[EPA–HQ–OAR–2022–0007; FRL 9344.1–01– 

OAR] 

RIN 2060–AV63 

Reference Measurement Principle and 

Calibration Procedure for the 

Measurement of Ozone in the 

Atmosphere (Chemiluminescence 

Method); Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction and 

correcting amendment. 

SUMMARY: The Environmental Protection 

Agency (EPA) is correcting a final rule 

published in the Federal Register on 

October 12, 2023, that became effective 

on November 13, 2023. The final rule 

updated the current ozone absorption 

cross-section to the recommended 

consensus-based value of 1.1329x10¥17

cm2 molecule¥1 or 304.39 atm¥1 cm¥1. 

After publication, the EPA became 

aware of an error in the preamble text 

regarding the date for State, local, and 

Tribal monitoring agencies to complete 

implementation of the new ozone crosssection value, as well as a lack of clarity 

as to which entities the 2025 and 2026 

implementation dates apply. With this 

action, the EPA is updating the final 

rule preamble and regulatory text to 

clarify the applicable implementation 

dates and the specific entities to which 

they apply. These corrections do not 

include any substantive changes to the 

final rule. 

DATES: This final rule is effective on 

January 16, 2025. 

ADDRESSES: The EPA has established a 

docket for the final rule under Docket ID 

No. EPA–HQ–OAR–2022–0007. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Beaver, Air Quality Assessment 

Division (C304–06), Environmental 

Protection Agency, 109 T.W. Alexander 

Drive, P.O. Box 12055, Office of Air 

Quality Planning and Standards, 

Research Triangle Park, North Carolina 

27711; telephone number: (919) 541– 

1062; email address: beaver.melinda@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

Correction to Preamble of October 12, 

2023 Final Rule 

In the final rule preamble, the EPA 

incorrectly stated that State, local, and 

Tribal monitoring agencies will 

complete cross-section implementation 

by January 1, 2026. The cross-section 

will begin implementation at the highest 

level of the calibration hierarchy, the 

Standard Reference Photometer (SRP), 

on January 1, 2025. Because of the time 

needed to fully implement the crosssection across the national traceability 

hierarchy for the calibration of the 

ozone monitoring network, the State, 

local, and Tribal monitoring agencies 

are not expected to complete 

implementation of the cross-section at 

the monitor level by January 1, 2026; 

instead, the EPA expects the crosssection implementation will be 

complete throughout the traceability 

hierarchy by December 31, 2026. 

Also, the accompanying regulatory 

text in section 2.2 of appendix D to part 

50 is inconsistent with the preamble 


ddrumheller on DSK120RN23PROD with RULES1