§ 423.19 - Reporting and recordkeeping requirements.

§ 423.19 Reporting and recordkeeping requirements.

Cross Reference

Link to an amendment published at 89 FR 40303, May 9, 2024.

(a) In general. Discharges subject to this part must comply with the following additional reporting requirements in this section.

(b) Signature and certification. Unless otherwise provided belowin this section, all certifications and recertifications required in this part must be signed and certified pursuant to 40 CFR 122.22 for direct dischargers or 40 CFR 403.12(l) for indirect dischargers.

(c) Requirements for facilities discharging bottom ash transport water pursuant to § 423.13(k)(2)(i) or 423.16(g)(2)(i).

(1) Initial Certification Statement

Publicly accessible internet site requirements.

(1) Except as provided in paragraph (c)(2) of this section, each facility subject to one or more of the reporting requirements in paragraphs (d) through (o) of this section must maintain a publicly accessible internet site (ELG website) containing the information specified in paragraphs (d) through (o), if applicable. This website shall be titled “ELG Rule Compliance Data and Information.” The facility must ensure that all information required to be posted is immediately available to anyone visiting the site, without requiring any prerequisite, such as registration or a requirement to submit a document request. All required information must be clearly identifiable and must be able to be immediately downloaded by anyone accessing the site in a format that enables additional analysis (e.g., comma-separated values text file format). When the facility initially creates, or later changes, the web address (i.e., Uniform Resource Locator (URL)) at any point, they must notify EPA via the “contact us” form on EPA's Effluent Guidelines website and the permitting authority or control authority within 14 days of creating the website or making the change. The facility's ELG website must also have a “contact us” form or a specific email address posted on the website for the public to use to submit questions and issues relating to the availability of information on the website.

(2)

(i) When an owner or operator subject to this section already maintains a “CCR Rule Compliance Data and Information” website pursuant to 40 CFR 257.107, the postings required under this section may be made to the existing “CCR Rule Compliance Data and Information” website and shall be delineated under a separate heading that shall state “ELG Rule Compliance Data and Information.” When electing to use an existing website pursuant to this paragraph (c)(2), the facility shall notify EPA via the “contact us” form on EPA's Effluent Guidelines website and the permitting authority or control authority no later than July 8, 2024, or upon first becoming subject to paragraphs (d) through (o) of this section, whichever is later.

(ii) When the same owner or operator is subject to the provisions of this part for multiple facilities, the owner or operator may comply with the requirements of this section by using the same internet site for multiple facilities provided the ELG website clearly delineates information by the name of each facility.

(3) Unless otherwise required in this section, the information required to be posted to the ELG website must be made available to the public for at least 10 years following the date on which the information was first posted to the ELG website, or the length of the permit plus five years, whichever is longer. All required information must be clearly identifiable and must be able to be immediately downloaded by anyone accessing the site in a format that enables additional analysis (e.g., comma-separated values text file format).

(4) Unless otherwise required in this section, the information must be posted to the ELG website:

(i) Within 30 days of submitting the information to the permitting authority or control authority; or

(ii) Where information was submitted to the permitting authority or control authority prior to July 8, 2024, by July 8, 2024.

(d) Requirements for facilities discharging bottom ash transport water under this part —

(1) Certification statement. For sources seeking to discharge bottom ash transport water pursuant to § 423.13(k)(2)(i) or

423.16

(g)(2)(i), an initial certification shall be submitted to the permitting authority by the as soon as possible date determined under § 423.11(t), or the control authority by October 13, 2023, in the case of an indirect discharger.

(2) Signature and certification. The certification statement must be signed and certified by a professional engineer.

(3) Contents. An initial certification shall include the following:

(

A

i) A statement that the professional engineer is a licensed professional engineer.

(

B

ii) A statement that the professional engineer is familiar with the

regulation

requirements in this part.

(

C

iii) A statement that the professional engineer is familiar with the facility.

(

D

iv) The primary active wetted bottom ash system volume in § 423.11(aa).

(

E

v) Material assumptions, information, and calculations used by the certifying professional engineer to determine the primary active wetted bottom ash system volume.

(

F

vi) A list of all potential discharges under § 423.13(k)(2)(i)(A)(1) through (4) or § 423.16(g)(2)(i)(A) through (D), the expected volume of each discharge, and the expected frequency of each discharge.

(

G

vii) Material assumptions, information, and calculations used by the certifying professional engineer to determine the expected volume and frequency of each discharge including a narrative discussion of why such water cannot be managed within the system and must be discharged.

(

H

viii) A list of all wastewater treatment systems at the facility currently, or otherwise required by a date certain under this section.

(

I

ix) A narrative discussion of each treatment system including the system type, design capacity, and current or expected operation.

(

d

e)Requirements for a bottom ash best management practices plan

.

—

(1) Initial and annual certification statement. For sources required to develop and implement a best management practices plan pursuant to § 423.13(k)(3), an initial certification shall be made to the permitting authority with a permit application or within two years of October 13, 2021, whichever is later, or to the control authority no later than October 13, 2023, in the case of an indirect discharger, and an annual recertification shall be made to the permitting authority, or control authority in the case of an indirect discharger, within 60 days of the anniversary of the original plan.

(2) Signature and certification. The certification statement must be signed and certified by a professional engineer.

(3) Contents for initial certification. An initial certification shall include the following:

(

A

i) A statement that the professional engineer is a licensed professional engineer.

(

B

ii) A statement that the professional engineer is familiar with the

regulation

requirements in this part.

(

C

iii) A statement that the professional engineer is familiar with the facility.

(

D

iv) The best management practices plan.

(

E

v) A statement that the best management practices plan is being implemented.

(4) Additional contents for annual certification. In addition to the required contents of the initial certification in paragraph (

c

e)(3) of this section an annual certification shall include the following:

(

A

i) Any updates to the best management practices plan.

(

B

ii) An attachment of weekly flow measurements from the previous year.

(

C

iii) The average amount of recycled bottom ash transport water in gallons per day.

(

D

iv) Copies of inspection reports and a summary of preventative maintenance performed on the system.

(

E

v) A statement that the plan and corresponding flow records are being maintained at the office of the plant.

(

e

f)Requirements for low utilization electric generating units

.

—

(1) Notice of Planned Participation. For sources seeking to qualify as a low utilization electric generating units, a Notice of Planned Participation shall be submitted to the permitting authority or control authority no later than October 13, 2021.

(2) Contents. A Notice of Planned Participation shall identify the potential low utilization electric generating unit. The notice shall also include a statement of at least two years' capacity utilization rating data for the most recent two years of operation of each low utilization electric generating unit and a statement that the facility has a good faith belief that each low utilization electric generating unit will continue to operate at the required capacity utilization rating. Where the most recent capacity utilization rating does not meet the low utilization electric generating unit requirement, a discussion of the projected future utilization shall be provided, including material data and assumptions used to make that projection.

(3) Initial and annual certification statement. For sources seeking to qualify as a low utilization electric generating unit under this part, an initial certification shall be made to the permitting authority, or to the control authority in the case of an indirect discharger, no later than December 31, 2023, and an annual recertification shall be made to the permitting authority, or control authority in the case of an indirect discharger, within 60 days of submitting annual electricity production data to the Energy Information Administration.

(4) Contents. A certification or annual recertification shall be based on the information submitted to the Energy Information Administration and shall include copies of the underlying forms submitted to the Energy Information Administration, as well as any supplemental information and calculations used to determine the two year average annual capacity utilization rating.

(

f

g)Requirements for units that will achieve permanent cessation of coal combustion by December 31, 2028

.

—

(1) Notice of Planned Participation. For sources seeking to qualify as an electric generating unit that will achieve permanent cessation of coal combustion by December 31, 2028, under this part, a Notice of Planned Participation shall be made to the permitting authority, or to the control authority in the case of an indirect discharger, no later than June 27, 2023.

(2) Contents. A Notice of Planned Participation shall identify the electric generating units intended to achieve the permanent cessation of coal combustion. A Notice of Planned Participation shall include the expected date that each electric generating unit is projected to achieve permanent cessation of coal combustion, whether each date represents a retirement or a fuel conversion, whether each retirement or fuel conversion has been approved by a regulatory body, and what the relevant regulatory body is. The Notice of Planned Participation shall also include a copy of the most recent integrated resource plan for which the applicable state agency approved the retirement or repowering of the unit subject to the ELGs, certification of electric generating unit cessation under 40 CFR 257.103(b), or other documentation supporting that the electric generating unit will permanently cease the combustion of coal by December 31, 2028. The Notice of Planned Participation shall also include, for each such electric generating unit, a timeline to achieve the permanent cessation of coal combustion. Each timeline shall include interim milestones and the projected dates of completion.

(3) Annual

Progress Report

progress report. Annually after submission of the Notice of Planned Participation in paragraph (

f

g)(1) of this section, a progress report shall be filed with the permitting authority, or control authority in the case of an indirect discharger.

(4) Contents. An

Annual Progress Report

annual progress report shall detail the completion of any interim milestones listed in the Notice of Planned Participation since the previous progress report, provide a narrative discussion of any completed, missed, or delayed milestones, and provide updated milestones. An annual progress report shall also include one of the following:

(i) A copy of the official suspension filing (or equivalent filing) made to the facility's reliability authority detailing the conversion to a fuel source other than coal;

(ii) A copy of the official retirement filing (or equivalent filing) made to the facility's reliability authority which must include a waiver of recission rights; or

(iii) An initial certification, or recertification for subsequent annual progress reports, containing either a statement that the facility will make the filing required in paragraph (g)

Requirements for facilities seeking the protections of § 423.18.(1)

(4)(i) of this section or a statement that the facility will make the filing required in paragraph (g)(4)(ii) of this section. The certification or recertification must include the estimated date that such a filing will be made.

(iv) A facility shall not include a certification or recertification under paragraph (g)(4)(iii) of this section in the final annual progress report submitted prior to permanent cessation of coal combustion. Rather, this final annual progress report must include the filing under paragraph (g)(4)(i) or (ii) of this section.

(h) Requirements for units that will achieve permanent cessation of coal combustion by December 31, 2034 —

(1) Notice of Planned Participation. For sources seeking to qualify as an electric generating unit that will achieve permanent cessation of coal combustion by December 31, 2034, under this part, a Notice of Planned Participation shall be made to the permitting authority, or to the control authority in the case of an indirect discharger, no later than December 31, 2025.

(2) Contents. A Notice of Planned Participation shall identify the electric generating units intended to achieve the permanent cessation of coal combustion. A Notice of Planned Participation shall include the expected date that each electric generating unit is projected to achieve permanent cessation of coal combustion, whether each date represents a retirement or a fuel conversion, whether each retirement or fuel conversion has been approved by a regulatory body, and what the relevant regulatory body is. The Notice of Planned Participation shall also include a copy of the most recent integrated resource plan for which the applicable state agency approved the retirement or repowering of the unit subject to the ELGs, or other documentation supporting that the electric generating unit will permanently cease the combustion of coal by December 31, 2034. The Notice of Planned Participation shall also include, for each such electric generating unit, a timeline to achieve the permanent cessation of coal combustion. Each timeline shall include interim milestones and the projected dates of completion. Finally, the Notice of Planned Participation shall also include, for each such electric generating unit, a certification statement that the facility is in compliance with the following limitations or standards:

(i) The applicable limitations or standards for FGD wastewater in § 423.13(g)(1) or (g)(2)(ii) or (iii) or § 423.16(e)(1) or (2); and

(ii) The applicable limitations or standards for bottom ash transport water in § 423.13(k)(1) or (k)(2)(i) or

(iii) or § 423.16(g)(1) or (2).

(3) Annual progress report. Annually after submission of the Notice of Planned Participation in paragraph (h)(1) of this section, a progress report shall be filed with the permitting authority, or control authority in the case of an indirect discharger.

(4) Contents. An annual progress report shall detail the completion of any interim milestones listed in the Notice of Planned Participation since the previous progress report, provide a narrative discussion of any completed, missed, or delayed milestones, and provide updated milestones. An annual progress report shall also include one of the following:

(i) A copy of the official suspension filing (or equivalent filing) made to the facility's reliability authority detailing the conversion to a fuel source other than coal;

(ii) A copy of the official retirement filing (or equivalent filing) made to the facility's reliability authority which must include a waiver of recission rights; or

(iii) An initial certification, or recertification for subsequent annual progress reports, containing either a statement that the facility will make the filing required in paragraph (h)(4)(i) of this section or a statement that the facility will make the filing required in paragraph (h)(4)(ii) of this section. The certification or recertification must include the estimated date that such a filing will be made.

(iv) A facility shall not include a certification or recertification under paragraph (h)(4)(iii) of this section in the final annual progress report submitted prior to permanent cessation of coal combustion. Rather, this final annual progress report must include the filing under paragraph (h)(4)(i) or (ii) of this section.

(i) Requirements for facilities seeking protections under this part —

(1) Certification statement. For sources seeking to apply the protections of the permit conditions in

paragraph

§ 423.18(a), and for each instance that § 423.18(a) is applied, a one-time certification shall be submitted to the permitting authority, or control authority in the case of an indirect discharger, no later than:

(

A

i) In the case of an order or agreement under § 423.18(a)(1), 30 days from receipt of the order or agreement attached pursuant to paragraph (

g

i)(2)(

B

ii) of this section; or

(

B

ii) In the case of an “Emergency” or “Major Disaster” under § 423.18(a)(2), 30 days from the date that a load balancing need arose.

(2) Contents. A certification statement must include the following:

(

A

i) The qualifying event from the list in § 423.18(a), the individual or entity that issued or triggered the event, and the date that such an event was issued or triggered.

(

B

ii) A copy of any documentation of the qualifying event from the individual or entity listed under paragraph (

g

i)(2)(

A

i) of this section, or, where such documentation does not exist, other documentation with indicia of reliability for the permitting authority to confirm the qualifying event.

(

C

iii) An analysis and accompanying narrative discussion which demonstrates that

a

an electric generating unit would have qualified for the subcategory at issue absent the event detailed in paragraph (

g

i)(2)(

A

i) of this section, including the material data, assumptions, and methods used.

(3) Termination of need statement. For sources filing a certification statement under paragraph (

g

i)(1)

above

of this section, and for each such certification statement, a one-time termination of need statement shall be submitted to the permitting authority, or control authority in the case of an indirect discharger, no later than 30 days from when the source is no longer subject to increased production from the qualifying event.

(4) Contents. A termination of need statement must include a narrative discussion including the date the qualifying event terminated, or if it has not terminated, why the source believes the capacity utilization will no longer be elevated to a level requiring the protection of § 423.18.

(

h

j)Requirements for facilities voluntarily meeting

the

limits in

423.13(g)(3)(i).(

this part —

(1) Notice of Planned Participation. For sources opting to comply with the Voluntary Incentives Program requirements of

section

§ 423.13(g)(3)(i) by December 31, 2028, a Notice of Planned Participation shall be made to the permitting authority no later than October 13, 2021.

(2) Contents. A Notice of Planned Participation shall identify the facility opting to comply with the Voluntary Incentives Program requirements of § 423.13(g)(3)(i), specify what technology or technologies are projected to be used to comply with those requirements, and provide a detailed engineering dependency chart and accompanying narrative demonstrating when and how the system(s) and any accompanying disposal requirements will be achieved by December 31, 2028.

(3) Annual progress report. After submission of the Notice of Planned Participation in paragraph (

h

j)(1) of this section, a progress report shall be filed with the permitting authority, or control authority in the case of an indirect discharger.

(4) Contents. An

Annual Progress Report

annual progress report shall detail the completion of interim milestones presented in the engineering dependency chart from the Notice of Planned Participation since the previous progress report, provide a narrative discussion of completed, missed, or delayed milestones, and provide updated milestones.

(5) Rollover certification. Where, prior to

the effective date,

October 13, 2020, a discharger has already provided a notice to the permitting authority of opting to comply with the Voluntary Incentives Program requirements of § 423.13(g)(3)(i), such notice will satisfy paragraph (

h

j)(1) of this section. However, where details required by paragraph (

h

j)(2) of this

sectionwere

section were missing from the previously provided notice, those details must be provided in the first

Annual Progress Report

annual progress report, no later than October 13, 2021.

(k) Requirements for facilities with discharges of unmanaged combustion residual leachate —

(1) Annual combustion residual leachate monitoring report. In addition to reporting pursuant to 40 CFR part 127, each facility with discharges of unmanaged combustion residual leachate meeting the definition in § 423.11(ff)(1) shall file an annual combustion residual leachate monitoring report each calendar year to the permitting authority.

(2) Contents. The annual combustion residual leachate monitoring report shall provide the following monitoring data for each pollutant listed in table 1 to paragraph (k)(2)(v) of this section. For paragraphs (k)(2)(ii) and (iii) of this section the report shall also describe the location of monitoring wells, screening depth, and frequency of sampling. The report shall include summary statistics including monthly minimum, maximum, and average concentrations for each pollutant. The report shall be supported by an appendix of all samples.

(i) A list of coal combustion residual landfills and surface impoundments which the permitting authority has determined are point sources with functional equivalent direct discharges.

(ii) Groundwater monitoring data as the combustion residual leachate leaves each of the landfills or surface impoundment listed in paragraph (k)(2)(i) of this section.

(iii) Groundwater monitoring at the point the combustion residual leachate enters a surface waterbody.

(iv) Effluent monitoring data reported pursuant to 40 CFR part 127.

(v) Summary statistics for the data described in paragraphs (k)(2)(ii) through (iv) of this section including the monthly average and daily maximum of each pollutant in the table 1 to this paragraph (k)(2)(v) and a comparison to any limitation in § 423.13(l)(2)(ii).

Table 1 to Paragraph (k)(2)(v)

BAT Treated Pollutants in Combustion Residual Leachate
Antimony	Magnesium
Arsenic	Manganese
Barium	Mercury
Beryllium	Molybdenum
Cadmium	Nickel
Chromium	Thallium
Cobalt	Titanium
Copper	Vanadium
Lead	Zinc

(l) Requirements for facilities seeking to transfer between applicable limitations in a permit under

§ 423.13(o).(

this part —

(1) Notice of Planned Participation. For sources which have filed a Notice of Planned Participation under

paragraphs

paragraph (

e

f)(1), (

f

g)(1), or (

h

j)(1) of this section and intend to make changes that would qualify them for a different set of requirements under § 423.13(o), a Notice of Planned Participation shall be made to the permitting authority, or to the control authority in the case of an indirect discharger, no later than the dates stated in § 423.13(o)(1).

(2) Contents. A Notice of Planned Participation shall include a list of the electric generating units for which the source intends to change compliance alternatives. For each such electric generating unit, the notice shall list the specific provision under which this transfer will occur, the reason such a transfer is warranted, and a narrative discussion demonstrating that each electric generating unit will be able to maintain compliance with the relevant provisions.

(

j

m)Notice of material delay

.

—

(1) Notice. Within 30 days of experiencing a material delay in the milestones set forth in

paragraphs

paragraph (

f

g)(2)

or

, (h)(2), or (j)(2) of this section and where such a delay may preclude permanent cessation of coal combustion or compliance with the voluntary incentives program limitations by December 31, 2028, a facility shall file a notice of material delay with the permitting authority, or control authority in the case of an indirect discharger.

(2) Contents. The contents of such a notice shall include the reason for the delay, the projected length of the delay, and a proposed resolution to maintain compliance.

(n) Requirements for facilities seeking a one-year flexibility to discharge permeate or distillate from an FGD wastewater or combustion residual leachate treatment system designed to achieve limitations in this part —

(1) Initial request letter. When filing a permit application or permit modification request, a facility seeking to discharge permeate or distillate during the first year of operations after the date determined in § 423.13(g)(4)(i)(A) or (l)(1)(i)(A) shall include a letter requesting this flexibility from the permitting authority. The initial request letter shall detail the expected type, frequency, duration, and necessity of discharge. The initial request letter shall also state that this period of discharge was not included for consideration in establishing the applicability timing under § 423.11(t)(3).

(2) Discharge monitoring and reporting. Upon inclusion in the permit of the flexibility to discharge the permeate or distillate as requested in paragraph (n)(1) of this section, the permitting authority shall also extend any existing monitoring and reporting requirements (e.g., arsenic monitoring).

(o) Certification for wastewater generated by a 10-year, 24-hour or longer duration storm event —

(1) Storm Event Discharge Certification Statement. For sources seeking to discharge low volume wastewater which would otherwise be considered FGD wastewater, bottom ash transport water, or combustion residual leachate but for a storm event exceeding a 10-year, 24-hour or longer duration storm event, a Storm Event Discharge Certification Statement shall be submitted to the permitting authority, or control authority in the case of an indirect discharger, no later than five business days from the last discharge.

(2) Signature and certification. The certification statement must be signed and certified by a professional engineer.

(3) Contents. A Storm Event Discharge Certification shall include the following:

(i) A statement that the professional engineer is a licensed professional engineer.

(ii) A statement that the professional engineer is familiar with the requirements in this part.

(iii) A statement that the professional engineer is familiar with the facility.

(iv) A statement that the facility experienced a storm event exceeding a 10-year, 24-hour or longer duration, including specifics of the actual storm event that are sufficient for a third party to verify the accuracy of the statement.

(v) A statement that a discharge of low volume wastewater that would otherwise meet the definition of FGD wastewater, bottom ash transport water, or combustion residual leachate was necessary, including a list of the best management practices at the site and a narrative discussion of the ability of on-site equipment and practices to manage the wastewater.

(vi) The duration and volume of any such discharge.

(vii) A statement that the discharge does not otherwise violate any other limitation or permit condition.

[85 FR 64721, Oct. 13, 2020, as amended at 88 FR 18442, Mar. 29, 2023; 89 FR 40303, May 9, 2024]