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e-CFR data is current as of August 6, 2020

Title 40Chapter ISubchapter IPart 257Subpart D → Subject Group


Title 40: Protection of Environment
PART 257—CRITERIA FOR CLASSIFICATION OF SOLID WASTE DISPOSAL FACILITIES AND PRACTICES
Subpart D—Standards for the Disposal of Coal Combustion Residuals in Landfills and Surface Impoundments


Recordkeeping, Notification, and Posting of Information to the Internet

§257.105   Recordkeeping requirements.

(a) Each owner or operator of a CCR unit subject to the requirements of this subpart must maintain files of all information required by this section in a written operating record at their facility.

(b) Unless specified otherwise, each file must be retained for at least five years following the date of each occurrence, measurement, maintenance, corrective action, report, record, or study.

(c) An owner or operator of more than one CCR unit subject to the provisions of this subpart may comply with the requirements of this section in one recordkeeping system provided the system identifies each file by the name of each CCR unit. The files may be maintained on microfilm, on a computer, on computer disks, on a storage system accessible by a computer, on magnetic tape disks, or on microfiche.

(d) The owner or operator of a CCR unit must submit to the State Director and/or appropriate Tribal authority any demonstration or documentation required by this subpart, if requested, when such information is not otherwise available on the owner or operator's publicly accessible Internet site.

(e) Location restrictions. The owner or operator of a CCR unit subject to this subpart must place the demonstrations documenting whether or not the CCR unit is in compliance with the requirements under §§257.60(a), 257.61(a), 257.62(a), 257.63(a), and 257.64(a), as it becomes available, in the facility's operating record.

(f) Design criteria. The owner or operator of a CCR unit subject to this subpart must place the following information, as it becomes available, in the facility's operating record:

(1) The design and construction certifications as required by §257.70(e) and (f).

(2) The documentation of liner type as required by §257.71(a).

(3) The design and construction certifications as required by §257.72(c) and (d).

(4) Documentation prepared by the owner or operator stating that the permanent identification marker was installed as required by §§257.73(a)(1) and 257.74(a)(1).

(5) The initial and periodic hazard potential classification assessments as required by §§257.73(a)(2) and 257.74(a)(2).

(6) The emergency action plan (EAP), and any amendment of the EAP, as required by §§257.73(a)(3) and 257.74(a)(3), except that only the most recent EAP must be maintained in the facility's operating record irrespective of the time requirement specified in paragraph (b) of this section.

(7) Documentation prepared by the owner or operator recording the annual face-to-face meeting or exercise between representatives of the owner or operator of the CCR unit and the local emergency responders as required by §§257.73(a)(3)(i)(E) and 257.74(a)(3)(i)(E).

(8) Documentation prepared by the owner or operator recording all activations of the emergency action plan as required by §§257.73(a)(3)(v) and 257.74(a)(3)(v).

(9) The history of construction, and any revisions of it, as required by §257.73(c), except that these files must be maintained until the CCR unit completes closure of the unit in accordance with §257.102.

(10) The initial and periodic structural stability assessments as required by §§257.73(d) and 257.74(d).

(11) Documentation detailing the corrective measures taken to remedy the deficiency or release as required by §§257.73(d)(2) and 257.74(d)(2).

(12) The initial and periodic safety factor assessments as required by §§257.73(e) and 257.74(e).

(13) The design and construction plans, and any revisions of it, as required by §257.74(c), except that these files must be maintained until the CCR unit completes closure of the unit in accordance with §257.102.

(g) Operating criteria. The owner or operator of a CCR unit subject to this subpart must place the following information, as it becomes available, in the facility's operating record:

(1) The CCR fugitive dust control plan, and any subsequent amendment of the plan, required by §257.80(b), except that only the most recent control plan must be maintained in the facility's operating record irrespective of the time requirement specified in paragraph (b) of this section.

(2) The annual CCR fugitive dust control report required by §257.80(c).

(3) The initial and periodic run-on and run-off control system plans as required by §257.81(c).

(4) The initial and periodic inflow design flood control system plan as required by §257.82(c).

(5) Documentation recording the results of each inspection and instrumentation monitoring by a qualified person as required by §257.83(a).

(6) The periodic inspection report as required by §257.83(b)(2).

(7) Documentation detailing the corrective measures taken to remedy the deficiency or release as required by §§257.83(b)(5) and 257.84(b)(5).

(8) Documentation recording the results of the weekly inspection by a qualified person as required by §257.84(a).

(9) The periodic inspection report as required by §257.84(b)(2).

(h) Groundwater monitoring and corrective action. The owner or operator of a CCR unit subject to this subpart must place the following information, as it becomes available, in the facility's operating record:

(1) The annual groundwater monitoring and corrective action report as required by §257.90(e).

(2) Documentation of the design, installation, development, and decommissioning of any monitoring wells, piezometers and other measurement, sampling, and analytical devices as required by §257.91(e)(1).

(3) The groundwater monitoring system certification as required by §257.91(f).

(4) The selection of a statistical method certification as required by §257.93(f)(6).

(5) Within 30 days of establishing an assessment monitoring program, the notification as required by §257.94(e)(3).

(6) The results of appendices III and IV to this part constituent concentrations as required by §257.95(d)(1).

(7) Within 30 days of returning to a detection monitoring program, the notification as required by §257.95(e).

(8) Within 30 days of detecting one or more constituents in appendix IV to this part at statistically significant levels above the groundwater protection standard, the notifications as required by §257.95(g).

(9) Within 30 days of initiating the assessment of corrective measures requirements, the notification as required by §257.95(g)(5).

(10) The completed assessment of corrective measures as required by §257.96(d).

(11) Documentation prepared by the owner or operator recording the public meeting for the corrective measures assessment as required by §257.96(e).

(12) The semiannual report describing the progress in selecting and designing the remedy and the selection of remedy report as required by §257.97(a), except that the selection of remedy report must be maintained until the remedy has been completed.

(13) Within 30 days of completing the remedy, the notification as required by §257.98(e).

(14) The demonstration, including long-term performance data, supporting the suspension of groundwater monitoring requirements as required by §257.90(g).

(i) Closure and post-closure care. The owner or operator of a CCR unit subject to this subpart must place the following information, as it becomes available, in the facility's operating record:

(1) The notification of intent to initiate closure of the CCR unit as required by §257.100(c)(1).

(2) The annual progress reports of closure implementation as required by §257.100(c)(2)(i) and (ii).

(3) The notification of closure completion as required by §257.100(c)(3).

(4) The written closure plan, and any amendment of the plan, as required by §257.102(b), except that only the most recent closure plan must be maintained in the facility's operating record irrespective of the time requirement specified in paragraph (b) of this section.

(5) The written demonstration(s), including the certification required by §257.102(e)(2)(iii), for a time extension for initiating closure as required by §257.102(e)(2)(ii).

(6) The written demonstration(s), including the certification required by §257.102(f)(2)(iii), for a time extension for completing closure as required by §257.102(f)(2)(i).

(7) The notification of intent to close a CCR unit as required by §257.102(g).

(8) The notification of completion of closure of a CCR unit as required by §257.102(h).

(9) The notification recording a notation on the deed as required by §257.102(i).

(10) The notification of intent to comply with the alternative closure requirements as required by §257.103(c)(1).

(11) The annual progress reports under the alternative closure requirements as required by §257.103(c)(2).

(12) The written post-closure plan, and any amendment of the plan, as required by §257.104(d), except that only the most recent closure plan must be maintained in the facility's operating record irrespective of the time requirement specified in paragraph (b) of this section.

(13) The notification of completion of post-closure care period as required by §257.104(e).

(j) Retrofit criteria. The owner or operator of a CCR unit subject to this subpart must place the following information, as it becomes available, in the facility's operating record:

(1) The written retrofit plan, and any amendment of the plan, as required by §257.102(k)(2), except that only the most recent retrofit plan must be maintained in the facility's operating record irrespective of the time requirement specified in paragraph (b) of this section.

(2) The notification of intent that the retrofit activities will proceed in accordance with the alternative procedures in §257.103.

(3) The annual progress reports required under the alternative requirements as required by §257.103.

(4) The written demonstration(s), including the certification in §257.102(f)(2)(iii), for a time extension for completing retrofit activities as required by §257.102(k)(3).

(5) The notification of intent to initiate retrofit of a CCR unit as required by §257.102(k)(5).

(6) The notification of completion of retrofit activities as required by §257.102(k)(6).

[80 FR 21468, Apr. 17, 2015, as amended at 83 FR 36456, July 30, 2018]

§257.106   Notification requirements.

(a) The notifications required under paragraphs (e) through (i) of this section must be sent to the relevant State Director and/or appropriate Tribal authority before the close of business on the day the notification is required to be completed. For purposes of this section, before the close of business means the notification must be postmarked or sent by electronic mail (email). If a notification deadline falls on a weekend or federal holiday, the notification deadline is automatically extended to the next business day.

(b) If any CCR unit is located in its entirety within Indian Country, the notifications of this section must be sent to the appropriate Tribal authority. If any CCR unit is located in part within Indian Country, the notifications of this section must be sent both to the appropriate State Director and Tribal authority.

(c) Notifications may be combined as long as the deadline requirement for each notification is met.

(d) Unless otherwise required in this section, the notifications specified in this section must be sent to the State Director and/or appropriate Tribal authority within 30 days of placing in the operating record the information required by §257.105.

(e) Location restrictions. The owner or operator of a CCR unit subject to the requirements of this subpart must notify the State Director and/or appropriate Tribal authority that each demonstration specified under §257.105(e) has been placed in the operating record and on the owner or operator's publicly accessible internet site.

(f) Design criteria. The owner or operator of a CCR unit subject to this subpart must notify the State Director and/or appropriate Tribal authority when information has been placed in the operating record and on the owner or operator's publicly accessible internet site. The owner or operator must:

(1) Within 60 days of commencing construction of a new CCR unit, provide notification of the availability of the design certification specified under §257.105(f)(1) or (3). If the owner or operator of the CCR unit elects to install an alternative composite liner, the owner or operator must also submit to the State Director and/or appropriate Tribal authority a copy of the alternative composite liner design.

(2) No later than the date of initial receipt of CCR by a new CCR unit, provide notification of the availability of the construction certification specified under §257.105(f)(1) or (3).

(3) Provide notification of the availability of the documentation of liner type specified under §257.105(f)(2).

(4) Provide notification of the availability of the initial and periodic hazard potential classification assessments specified under §257.105(f)(5).

(5) Provide notification of the availability of emergency action plan (EAP), and any revisions of the EAP, specified under §257.105(f)(6).

(6) Provide notification of the availability of documentation prepared by the owner or operator recording the annual face-to-face meeting or exercise between representatives of the owner or operator of the CCR unit and the local emergency responders specified under §257.105(f)(7).

(7) Provide notification of documentation prepared by the owner or operator recording all activations of the emergency action plan specified under §257.105(f)(8).

(8) Provide notification of the availability of the history of construction, and any revision of it, specified under §257.105(f)(9).

(9) Provide notification of the availability of the initial and periodic structural stability assessments specified under §257.105(f)(10).

(10) Provide notification of the availability of the documentation detailing the corrective measures taken to remedy the deficiency or release specified under §257.105(f)(11).

(11) Provide notification of the availability of the initial and periodic safety factor assessments specified under §257.105(f)(12).

(12) Provide notification of the availability of the design and construction plans, and any revision of them, specified under §257.105(f)(13).

(g) Operating criteria. The owner or operator of a CCR unit subject to this subpart must notify the State Director and/or appropriate Tribal authority when information has been placed in the operating record and on the owner or operator's publicly accessible internet site. The owner or operator must:

(1) Provide notification of the availability of the CCR fugitive dust control plan, or any subsequent amendment of the plan, specified under §257.105(g)(1).

(2) Provide notification of the availability of the annual CCR fugitive dust control report specified under §257.105(g)(2).

(3) Provide notification of the availability of the initial and periodic run-on and run-off control system plans specified under §257.105(g)(3).

(4) Provide notification of the availability of the initial and periodic inflow design flood control system plans specified under §257.105(g)(4).

(5) Provide notification of the availability of the periodic inspection reports specified under §257.105(g)(6).

(6) Provide notification of the availability of the documentation detailing the corrective measures taken to remedy the deficiency or release specified under §257.105(g)(7).

(7) Provide notification of the availability of the periodic inspection reports specified under §257.105(g)(9).

(h) Groundwater monitoring and corrective action. The owner or operator of a CCR unit subject to this subpart must notify the State Director and/or appropriate Tribal authority when information has been placed in the operating record and on the owner or operator's publicly accessible internet site. The owner or operator must:

(1) Provide notification of the availability of the annual groundwater monitoring and corrective action report specified under §257.105(h)(1).

(2) Provide notification of the availability of the groundwater monitoring system certification specified under §257.105(h)(3).

(3) Provide notification of the availability of the selection of a statistical method certification specified under §257.105(h)(4).

(4) Provide notification that an assessment monitoring programs has been established specified under §257.105(h)(5).

(5) Provide notification that the CCR unit is returning to a detection monitoring program specified under §257.105(h)(7).

(6) Provide notification that one or more constituents in appendix IV to this part have been detected at statistically significant levels above the groundwater protection standard and the notifications to land owners specified under §257.105(h)(8).

(7) Provide notification that an assessment of corrective measures has been initiated specified under §257.105(h)(9).

(8) Provide notification of the availability of assessment of corrective measures specified under §257.105(h)(10).

(9) Provide notification of the availability of the semiannual report describing the progress in selecting and designing the remedy and the selection of remedy report specified under §257.105(h)(12).

(10) Provide notification of the completion of the remedy specified under §257.105(h)(13).

(11) Provide the demonstration supporting the suspension of groundwater monitoring requirements specified under §257.105(h)(14).

(i) Closure and post-closure care. The owner or operator of a CCR unit subject to this subpart must notify the State Director and/or appropriate Tribal authority when information has been placed in the operating record and on the owner or operator's publicly accessible Internet site. The owner or operator must:

(1) Provide notification of the intent to initiate closure of the CCR unit specified under §257.105(i)(1).

(2) Provide notification of the availability of the annual progress reports of closure implementation specified under §257.105(i)(2).

(3) Provide notification of closure completion specified under §257.105(i)(3).

(4) Provide notification of the availability of the written closure plan, and any amendment of the plan, specified under §257.105(i)(4).

(5) Provide notification of the availability of the demonstration(s) for a time extension for initiating closure specified under §257.105(i)(5).

(6) Provide notification of the availability of the demonstration(s) for a time extension for completing closure specified under §257.105(i)(6).

(7) Provide notification of intent to close a CCR unit specified under §257.105(i)(7).

(8) Provide notification of completion of closure of a CCR unit specified under §257.105(i)(8).

(9) Provide notification of the deed notation as required by §257.105(i)(9).

(10) Provide notification of intent to comply with the alternative closure requirements specified under §257.105(i)(10).

(11) The annual progress reports under the alternative closure requirements as required by §257.105(i)(11).

(12) Provide notification of the availability of the written post-closure plan, and any amendment of the plan, specified under §257.105(i)(12).

(13) Provide notification of completion of post-closure care specified under §257.105(i)(13).

(j) Retrofit criteria. The owner or operator of a CCR unit subject to this subpart must notify the State Director and/or appropriate Tribal authority when information has been placed in the operating record and on the owner or operator's publicly accessible Internet site. The owner or operator must:

(1) Provide notification of the availability of the written retrofit plan, and any amendment of the plan, specified under §257.105(j)(1).

(2) Provide notification of intent to comply with the alternative retrofit requirements specified under §257.105(j)(2).

(3) The annual progress reports under the alternative retrofit requirements as required by §257.105(j)(3).

(4) Provide notification of the availability of the demonstration(s) for a time extension for completing retrofit activities specified under §257.105(j)(4).

(5) Provide notification of intent to initiate retrofit of a CCR unit specified under §257.105(j)(5).

(6) Provide notification of completion of retrofit activities specified under §257.105(j)(6).

[80 FR 21468, Apr. 17, 2015, as amended at 83 FR 36456, July 30, 2018]

§257.107   Publicly accessible Internet site requirements.

(a) Each owner or operator of a CCR unit subject to the requirements of this subpart must maintain a publicly accessible Internet site (CCR Web site) containing the information specified in this section. The owner or operator's Web site must be titled “CCR Rule Compliance Data and Information.”

(b) An owner or operator of more than one CCR unit subject to the provisions of this subpart may comply with the requirements of this section by using the same Internet site for multiple CCR units provided the CCR Web site clearly delineates information by the name or identification number of each unit.

(c) Unless otherwise required in this section, the information required to be posted to the CCR Web site must be made available to the public for at least five years following the date on which the information was first posted to the CCR Web site.

(d) Unless otherwise required in this section, the information must be posted to the CCR Web site within 30 days of placing the pertinent information required by §257.105 in the operating record.

(e) Location restrictions. The owner or operator of a CCR unit subject to this subpart must place each demonstration specified under §257.105(e) on the owner or operator's CCR Web site.

(f) Design criteria. The owner or operator of a CCR unit subject to this subpart must place the following information on the owner or operator's CCR Web site:

(1) Within 60 days of commencing construction of a new unit, the design certification specified under §257.105(f)(1) or (3).

(2) No later than the date of initial receipt of CCR by a new CCR unit, the construction certification specified under §257.105(f)(1) or (3).

(3) The documentation of liner type specified under §257.105(f)(2).

(4) The initial and periodic hazard potential classification assessments specified under §257.105(f)(5).

(5) The emergency action plan (EAP) specified under §257.105(f)(6), except that only the most recent EAP must be maintained on the CCR Web site irrespective of the time requirement specified in paragraph (c) of this section.

(6) Documentation prepared by the owner or operator recording the annual face-to-face meeting or exercise between representatives of the owner or operator of the CCR unit and the local emergency responders specified under §257.105(f)(7).

(7) Documentation prepared by the owner or operator recording any activation of the emergency action plan specified under §257.105(f)(8).

(8) The history of construction, and any revisions of it, specified under §257.105(f)(9).

(9) The initial and periodic structural stability assessments specified under §257.105(f)(10).

(10) The documentation detailing the corrective measures taken to remedy the deficiency or release specified under §257.105(f)(11).

(11) The initial and periodic safety factor assessments specified under §257.105(f)(12).

(12) The design and construction plans, and any revisions of them, specified under §257.105(f)(13).

(g) Operating criteria. The owner or operator of a CCR unit subject to this subpart must place the following information on the owner or operator's CCR Web site:

(1) The CCR fugitive dust control plan, or any subsequent amendment of the plan, specified under §257.105(g)(1) except that only the most recent plan must be maintained on the CCR Web site irrespective of the time requirement specified in paragraph (c) of this section.

(2) The annual CCR fugitive dust control report specified under §257.105(g)(2).

(3) The initial and periodic run-on and run-off control system plans specified under §257.105(g)(3).

(4) The initial and periodic inflow design flood control system plans specified under §257.105(g)(4).

(5) The periodic inspection reports specified under §257.105(g)(6).

(6) The documentation detailing the corrective measures taken to remedy the deficiency or release specified under §257.105(g)(7).

(7) The periodic inspection reports specified under §257.105(g)(9).

(h) Groundwater monitoring and corrective action. The owner or operator of a CCR unit subject to this subpart must place the following information on the owner or operator's CCR Web site:

(1) The annual groundwater monitoring and corrective action report specified under §257.105(h)(1).

(2) The groundwater monitoring system certification specified under §257.105(h)(3).

(3) The selection of a statistical method certification specified under §257.105(h)(4).

(4) The notification that an assessment monitoring programs has been established specified under §257.105(h)(5).

(5) The notification that the CCR unit is returning to a detection monitoring program specified under §257.105(h)(7).

(6) The notification that one or more constituents in appendix IV to this part have been detected at statistically significant levels above the groundwater protection standard and the notifications to land owners specified under §257.105(h)(8).

(7) The notification that an assessment of corrective measures has been initiated specified under §257.105(h)(9).

(8) The assessment of corrective measures specified under §257.105(h)(10).

(9) The semiannual reports describing the progress in selecting and designing remedy and the selection of remedy report specified under §257.105(h)(12), except that the selection of the remedy report must be maintained until the remedy has been completed.

(10) The notification that the remedy has been completed specified under §257.105(h)(13).

(11) The demonstration supporting the suspension of groundwater monitoring requirements specified under §257.105(h)(14).

(i) Closure and post-closure care. The owner or operator of a CCR unit subject to this subpart must place the following information on the owner or operator's CCR Web site:

(1) The notification of intent to initiate closure of the CCR unit specified under §257.105(i)(1).

(2) The annual progress reports of closure implementation specified under §257.105(i)(2).

(3) The notification of closure completion specified under §257.105(i)(3).

(4) The written closure plan, and any amendment of the plan, specified under §257.105(i)(4).

(5) The demonstration(s) for a time extension for initiating closure specified under §257.105(i)(5).

(6) The demonstration(s) for a time extension for completing closure specified under §257.105(i)(6).

(7) The notification of intent to close a CCR unit specified under §257.105(i)(7).

(8) The notification of completion of closure of a CCR unit specified under §257.105(i)(8).

(9) The notification recording a notation on the deed as required by §257.105(i)(9).

(10) The notification of intent to comply with the alternative closure requirements as required by §257.105(i)(10).

(11) The annual progress reports under the alternative closure requirements as required by §257.105(i)(11).

(12) The written post-closure plan, and any amendment of the plan, specified under §257.105(i)(12).

(13) The notification of completion of post-closure care specified under §257.105(i)(13).

(j) Retrofit criteria. The owner or operator of a CCR unit subject to this subpart must place the following information on the owner or operator's CCR Web site:

(1) The written retrofit plan, and any amendment of the plan, specified under §257.105(j)(1).

(2) The notification of intent to comply with the alternative retrofit requirements as required by §257.105(j)(2).

(3) The annual progress reports under the alternative retrofit requirements as required by §257.105(j)(3).

(4) The demonstration(s) for a time extension for completing retrofit activities specified under §257.105(j)(4).

(5) The notification of intent to retrofit a CCR unit specified under §257.105(j)(5).

(6) The notification of completion of retrofit activities specified under §257.105(j)(6).

[80 FR 21468, Apr. 17, 2015, as amended at 83 FR 36456, July 30, 2018]

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