1. (a) CCR landfills.

2. (1) No alternative CCR disposal capacity. Notwithstanding Subsection R315-319-101(a), R315-319-101(b)(1), or R315-319-101(d), a CCR landfill may continue to receive CCR if the owner or operator of the CCR landfill certifies that the CCR shall continue to be managed in that CCR landfill due to the absence of alternative disposal capacity both on-site and off-site of the facility. To qualify under Subsection R315-319-103(a)(1), the owner or operator of the CCR unit shall document that each of the conditions listed in Subsections R315-319-103(a)(1)(i) through R315-319-103(a)(1)(iv) have been met:

   1. (i) no alternative disposal capacity is available on-site or off-site. An increase in costs or the inconvenience of existing capacity is not sufficient to support qualification under Section R315-319-103;

      1. (ii) the owner or operator has made, and continues to make, efforts to get additional capacity. Qualification under Subsection R315-319-103(a) lasts only as long as no alternative capacity is available. Once alternative capacity is identified, the owner or operator shall arrange to use the capacity as soon as feasible;
      2. (iii) the owner or operator shall remain in compliance with each of the requirements of Sections R315-319-50 through R315-319-107, including the requirement to conduct any necessary corrective action; and
      3. (iv) the owner or operator shall prepare an annual progress report documenting the continued lack of alternative capacity and the progress toward the development of alternative CCR disposal capacity.
3. (2) Once alternative capacity is available, the CCR unit shall stop receiving CCR and initiate closure following the timeframes in Subsections R315-319-102(e) and R315-319-102(f).

4. (3) If no alternative capacity is identified within five years after the initial certification, the CCR unit shall stop receiving CCR and close in accordance with the timeframes in Subsections R315-319-102(e) and R315-319-102(f).

   1. (b) CCR landfills.

5. (1) Permanent cessation of a coal-fired boiler by a date certain. Notwithstanding Subsection R315-319-101(d), a CCR unit may continue to receive CCR if the owner or operator certifies that the facility will stop operation of the coal-fired boilers within the timeframes specified in Subsection R315-319-103(b)(4), but in the interim period, before closure of the coal-fired boiler, the facility shall continue to use the CCR unit due to the absence of alternative disposal capacity both on-site and off-site of the facility. To qualify under Subsection R315-319-103(b)(1), the owner or operator of the CCR unit shall document that each of the conditions listed in Subsections R315-319-103(b)(1)(i) through R315-319-103(b)(1)(iii) have been met:

   1. (i) no alternative disposal capacity is available on-site or off-site. An increase in costs or the inconvenience of existing capacity is not sufficient to support qualification under Section R315-319-103;

      1. (ii) the owner or operator shall remain in compliance with each of the requirements of Sections R315-319-50 through R315-319-107, including the requirement to conduct any necessary corrective action; and
      2. (iii) the owner or operator shall prepare an annual progress report documenting the continued lack of alternative capacity and the progress toward the closure of the coal-fired boiler.
6. (2) Reserved.
7. (3) Reserved.

8. (4) For a CCR landfill, the coal-fired boiler shall stop operation, and the CCR landfill shall finish closure no later than April 19, 2021.

   1. (c) Required notices and progress reports for CCR landfills. An owner or operator of a CCR unit that closes in accordance with Subsection R315-319-103(a) or R315-319-103(b) shall finish the notices and progress reports specified in Subsections R315-319-103(c)(1) through R315-319-103(c)(3).
9. (1) Within six months of becoming subject to closure pursuant to Subsection R315-319-101(a), R315-319-101(b)(1), or R315-319-101(d), the owner or operator shall prepare and place in the facility's operating record a notification of intent to comply with the alternative closure requirements of Section R315-319-103. The notification shall describe why the CCR unit qualifies for the alternative closure provisions under either Subsection R315-319-103(a) or R315-319-103(b), in addition to providing the documentation and certifications required by Subsection R315-319-103(a) or R315-319-103(b).

10. (2) The owner or operator shall prepare the periodic progress reports required by Subsection R315-319-103(a)(1)(iv) or R315-319-103(b)(1)(iii), in addition to describing any problems encountered and a description of the actions taken to resolve the problems. The annual progress reports shall be finished according to the schedule in Subsections R315-319-103(c)(2)(i) through R315-319-103(c)(2)(iii):

    1. (i) The first annual progress report shall be prepared no later than 13 months after completing the notification of intent to comply with the alternative closure requirements required by Subsection R315-319-103(c)(1).

       1. (ii) The second annual progress report shall be prepared no later than 12 months after completing the first annual progress report. Additional annual progress reports shall be prepared within 12 months of completing the previous annual progress report.
       2. (iii) The owner or operator has finished the progress reports specified in Subsection R315-319-103(c)(2) when the reports are placed in the facility's operating record as required by Subsection R315-319-105(i)(11).

11. (3) An owner or operator of a CCR landfill shall also prepare the notification of intent to close a CCR unit as required by Subsection R315-319-102(g).

    1. (d) CCR landfill recordkeeping. The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in Subsection R315-319-105(i), the notification requirements specified in Subsection R315-319-106(i), and the internet requirements specified in Subsection R315-319-107(i).
    2. (e) Reserved.
    3. (f) Site-specific alternative deadlines to initiate closure of CCR surface impoundments. Notwithstanding Subsections R315-319-101(a) and R315-319-101(b)(1), a CCR surface impoundment may continue to receive the waste specified in Subsection R315-319-103(f)(1) or R315-319-103(f)(1)(2), provided the owner or operator submits a demonstration that the criteria in either Subsection R315-319-103(f)(1) or R315-319-103(f)(1)(2) have been met. The demonstration shall be submitted to the director no later than the relevant deadline in Subsection R315-319-103(f)(3). The director will act on the submission in accordance with the procedures in Subsection R315-319-103(f)(3).

12. (1) Development of alternative capacity is technically feasible. Notwithstanding Subsections R315-319-101(a) and R315-319-101(b)(1), a CCR surface impoundment may continue to receive the waste specified in Subsection R315-319-103(f)(1)(ii)(A) or R315-319-103(f)(1)(ii)(B), provided the owner or operator demonstrates the wastestreams shall continue to be managed in that CCR surface impoundment because it was technically infeasible to complete the measures necessary to provide alternative disposal capacity on or off-site of the facility by April 11, 2021. To get approval under Subsection R315-319-103(f)(1), each criteria of R315-319-103(f)(1)(i) through R315-319-103(f)(1)(xiii) shall be met:

    1. (i) No alternative disposal capacity is available on or off-site. An increase in costs or the inconvenience of existing capacity is not sufficient to support qualification under Section R315-319-103.

       1. (ii)(A) For units closing pursuant to Subsections R315-319-101(a) and R315-319-101(b)(1)(i), CCR or non-CCR, or both, wastestreams, shall continue to be managed in that CCR surface impoundment because it was technically infeasible to complete the measures necessary to obtain alternative disposal capacity either on or off-site of the facility by April 1, 2021.

          1. (B) For units closing pursuant to Subsection R315-319-101(b)(1)(ii), CCR shall continue to be managed in that CCR surface impoundment because it was technically infeasible to complete the measures necessary to get alternative disposal capacity either on or off-site of the facility by April 11, 2021.
       2. (iii) The facility is in compliance with the requirements of Rule R315-319.

       3. (iv) The owner or operator of the CCR surface impoundment shall submit documentation that the criteria in Subsections R315-319-103(f)(1)(i) through R315-319-103(f)(1)(iii) have been met by submitting to the director the information listed in Subsections R315-319-103(f)(1)(iv)(A) and R315-319-103(f)(1)(iv)(B):

          1. (A) To demonstrate that the criteria in Subsections R315-319-103(f)(1)(i) and R315-319-103(f)(1)(ii) have been met the owner or operator shall submit a workplan that contains the elements listed in Subsections R315-319-103(f)(1)(iv)(A)(I) through R315-319-103(f)(1)(iv)(A)(IV):
          2. (I) a written narrative discussing the options considered both on and off-site to get alternative capacity for each CCR or non-CCR, or both, wastestreams, the technical infeasibility of getting alternative capacity before April 11, 2021, and the option selected and justification for the alternative capacity selected. The narrative shall also include:
13. (1) an in-depth analysis of the site and any site-specific conditions that led to the decision to select the alternative capacity being developed;
14. (2) an analysis of the adverse impact to plant operations if the CCR surface impoundment in question were to no longer be available for use; and

15. (3) a detailed explanation and justification for the amount of time being requested and how it is the fastest technically feasible time to complete the development of the alternative capacity;

    1. (II) a detailed schedule of the fastest technically feasible time to complete the measures necessary for alternative capacity to be available including a visual timeline representation. The visual timeline shall clearly show:
16. (1) how each phase and the steps within that phase interact with or are dependent on each other and the other phases;
17. (2) the steps and phases that can be completed concurrently;
18. (3) the total time needed to obtain the alternative capacity and how long each phase and step within each phase will take; and

19. (4) at a minimum, the following phases: engineering and design, contractor selection, equipment fabrication and delivery, construction, and start up and implementation;

    1. (III) a narrative discussion of the schedule and visual timeline representation, that shall discuss:
20. (1) why the length of time for each phase and step is needed and a discussion of the tasks that occur during the specific step;
21. (2) why each phase and step shown on the chart has to happen in the order it is occurring;
22. (3) the tasks that occur during each of the steps within the phase; and

23. (4) anticipated worker schedules; and

    1. (IV) a narrative discussion of the progress the owner or operator has made to obtain alternative capacity for the CCR or non-CCR, or both, wastestreams. The narrative shall discuss the steps taken, starting from when the owner or operator initiated the design phase up to the steps occurring when the demonstration is being compiled. It shall discuss where the facility currently is on the timeline and the efforts that are currently being undertaken to develop alternative capacity.
    2. (B) To demonstrate that the criteria in Subsection R315-319-103(f)(1)(iii) have been met, the owner or operator shall submit:
    3. (I) a certification signed by the owner or operator that the facility is in compliance with the requirements of Rule R315-319;
    4. (II) visual representation of hydrogeologic information at and around the CCR units that supports the design, construction, and installation of the groundwater monitoring system. This includes:
24. (1) maps of groundwater monitoring well locations in relation to the CCR units;
25. (2) well construction diagrams and drilling logs for each groundwater monitoring well; and

26. (3) maps that characterize the direction of groundwater flow accounting for seasonal variations;

    1. (III) constituent concentrations, summarized in table form, at each groundwater monitoring well monitored during each sampling event;
    2. (IV) a description of site hydrogeology including stratigraphic cross sections;
    3. (V) any corrective measures assessment conducted as required in Section R315-319-96;
    4. (VI) any progress reports on corrective action remedy selection and design and the report of final remedy selection required in Subsection R315-319-97(a);
    5. (VII) the most recent structural stability assessment required in Subsection R315-319-73(d); and
    6. (VIII) the most recent safety factor assessment required in Subsection R315-319-73(e).

    7. (v) As soon as alternative capacity for any CCR or non-CCR wastestream is available, the CCR surface impoundment shall stop receiving that CCR or non-CCR wastestream. Once the CCR surface impoundment ceases receipt of the CCR or non-CCR, or both, wastestreams, the CCR surface impoundment shall initiate closure in accordance with the timeframes in Subsections R319-315-102(e) and R319-315-102(f).

       1. (vi) Maximum time frames. Any CCR surface impoundments covered by Subsection R315-319-103(f)(1) shall stop receiving waste by the deadlines specified in Subsections R315-319-103(f)(1)(vi)(A) and R315-319-103(f)(1)(vi)(B) and close in accordance with the timeframes in Subsections R315-319-102(e) and R319-315-102(f).

          1. (A) Except as provided by Subsection R315-319-103(f)(1)(iv)(B), no later than October 15, 2023.
          2. (B) An eligible unlined CCR surface impoundment shall stop receiving CCR or non-CCR, or both, wastestreams no later than October 15, 2024. To continue to operate until October 15, 2024, the owner or operator shall demonstrate that the unit meets the definition of an eligible unlined CCR surface impoundment found in Subsection R315-319-53(a)(21).
       2. (vii) An owner or operator may seek additional time beyond the time granted in the initial approval by making the showing in Subsections R315-319-103(f)(1)(i) through R315-319-103(f)(1)(iv), except that no facility may be granted time to operate the impoundment beyond the maximum allowable time frames provided in Subsection R315-319-103(f)(1)(vi).
       3. (viii) The owner or operator bears responsibility for demonstrating qualification under Section R315-319-103. Failure to remain in compliance with any of the requirements of Rule R315-319 will result in the automatic loss of authorization under Section R315-319.

       4. (ix) The owner or operator shall:

          1. (A) Upon submission of the demonstration to the director, prepare and place in the facility's operating record a notification that it has submitted the demonstration, along with a copy of the demonstration. An owner or operator that makes a claim of business confidentiality (CBI) in accordance with Section 63G-2-309 in the demonstration may post a redacted version of the demonstration to its publicly accessible CCR internet site provided that it contains sufficient detail so that the public can meaningfully comment on the demonstration.
          2. (B) Upon receipt of a decision pursuant to Subsection R315-319-103(f)(3), prepare and place in the facility's operating record a copy of the decision.
          3. (C) If an extension of an approved deadline pursuant to Subsection R315-319-103(f)(1)(vii) has been requested, place a copy of the request submitted to the director in the facility's operating record.

       5. (x) The owner or operator shall prepare semiannual progress reports. The semiannual progress reports shall contain:

          1. (A) discussion of the progress made to date in obtaining alternative capacity, including:
          2. (I) discussion of the current stage of obtaining the capacity in reference to the timeline required under Subsection R315-319-103(f)(1)(iv)(A);
          3. (II) discussion of whether the owner or operator is on schedule for getting alternative capacity; and
          4. (III) if the owner or operator is not on or ahead of schedule for getting alternative capacity, include:
27. (1) discussion of any problems encountered, and a description of the actions taken or planned to resolve the problems and get back on schedule; and

28. (2) discussion of the goals for the next six months and major milestones to be achieved for obtaining alternative capacity; and

    1. (B) discussion of any planned operational changes at the facility.

    2. (xi) The progress reports shall be completed according to the schedule in Subsections R315-319-103(f)(1)(xi)(A) through R315-319-103(f)(1)(xi)(C):

       1. (A) The semiannual progress reports shall be prepared no later than April 30 and October 31 of each year during the alternative stop receipt of waste deadline.
       2. (B) The first semiannual progress report shall be prepared by whichever date, April 30 or October 31, is soonest after receiving approval from the director.
       3. (C) The owner or operator has completed the progress reports specified in Subsection R315-319-103(f)(1)(x) when the reports have been placed in the facility's operating record as required by Subsection R315-319-105(i)(17).
    3. (xii) The owner or operator shall prepare the notification of intent to close a CCR surface impoundment as required by Subsection R315-319-102(g).
    4. (xiii) The owner or operator shall comply with the recordkeeping requirements specified in Subsection R315-319-105(i), the notification requirements specified in Subsection R315-319-106(i), and the internet posting requirements in Subsection R315-319-107(i).

29. (2) Permanent cessation of a coal-fired broilers by a date certain. Notwithstanding Subsections R315-319-101(a), and R315-319-101(b)(1), a CCR surface impoundment may continue to receive CCR or non-CCR, or both, wastestreams if the facility will stop operation of the coal-fired boilers and complete closure of the impoundment within the timeframes specified in Subsection R315-319-103(f)(2)(iv), but in the interim period, before closure of the coal-fired boiler, the facility shall continue to use the CCR surface impoundment due to the absence of alternative disposal capacity both on and off-site of the facility. To qualify under Subsection R315-319-103(f)(2) each criteria in Subsections R315-319-103(f)(2)(i) through R315-319-103(f)(2)(x) shall be met:

    1. (i) no alternative disposal capacity is available on or off-site. An increase in costs or the inconvenience of existing capacity is not sufficient to support qualification under Section R315-319-103;

       1. (ii) potential risks to human health and the environment from the continued operation of the CCR surface impoundment have been adequately mitigated;
       2. (iii) the facility is in compliance with the other requirements of Rule R315-319, including the requirement to conduct any necessary corrective action; and

       3. (iv) the coal-fired boilers shall stop operation and closure of the impoundment shall be completed within the timeframes listed in Subsections R315-319-103(f)(2)(iv)(A) and R315-319-103(f)(2)(iv)(B):

          1. (A) for a CCR surface impoundment that is 40 acres or smaller, the coal-fired boilers shall stop operation and the CCR surface impoundment shall complete closure no later than October 17, 2023; and
          2. (B) for a CCR surface impoundment that is larger than 40 acres, the coal-fired boilers shall stop operation, and the CCR surface impoundment shall complete closure no later than October 17, 2028;

       4. (v) The owner or operator of the CCR surface impoundment shall submit documentation that the criteria in Subsections R315-319-103(f)(2)(i) through R315-319-103(f)(2)(iv) have been met as specified in Subsections R315-319-103(f)(2)(v)(A) through R315-319-103(f)(2)(v)(D):

          1. (A) to demonstrate that the criteria in Subsection R315-319-103(f)(2)(i) have been met the owner or operator shall submit a narrative that explains the options considered to get alternative capacity for CCR or non-CCR, or both, wastestreams both on and off-site;
          2. (B) to demonstrate that the criteria in Subsection R315-319-103(f)(2)(ii) have been met the owner or operator shall submit a risk mitigation plan describing the measures that will be taken to expedite any required corrective action, and that contains:
          3. (I) a discussion of any physical or chemical measures a facility can take to limit any future releases to groundwater during operation;
          4. (II) a discussion of the surface impoundment's groundwater monitoring data and any found exceedances, the delineation of the plume, if necessary based on the groundwater monitoring data, identification of any nearby receptors that might be exposed to current or future groundwater contamination, and how the exposures could be promptly mitigated; and
          5. (III) a plan to expedite and maintain the containment of any contaminant plume that is either present or identified during continued operation of the unit;
          6. (C) to demonstrate that the criteria in Subsection R315-319-103(f)(2)(iii) have been met, the owner or operator shall submit:
          7. (I) a certification signed by the owner or operator that the facility is in compliance with the requirements of Rule R315-319;
          8. (II) visual representation of hydrogeologic information at and around the CCR units that supports the design, construction, and installation of the groundwater monitoring system. This includes:
30. (1) maps of groundwater monitoring well locations in relation to the CCR unit;
31. (2) well construction diagrams and drilling logs for each groundwater monitoring well; and

32. (3) maps that characterize the direction of groundwater flow accounting for seasonal variations;

    1. (III) constituent concentrations, summarized in table form, at each groundwater monitoring well monitored during each sampling event;
    2. (IV) description of site hydrogeology including stratigraphic cross sections;
    3. (V) any corrective measures assessment required in Section R315-319-96;
    4. (VI) any progress reports on remedy selection and design and the report of final remedy selection required in Subsection R315-319-97(a);
    5. (VII) the most recent structural stability assessment required in Subsection R315-319-73(d); and
    6. (VIII) the most recent safety factor assessment required in Subsection R315-319-73(e); and
    7. (D) to demonstrate that the criteria in Subsection R315-319-103(f)(2)(iv) have been met, the owner or operator shall submit the closure plan required in Subsection R315-319-102(b) and a narrative that specifies and justifies the date by which they intend to stop receipt of waste into the unit to meet the closure deadlines;
    8. (vi) the owner or operator bears responsibility for demonstrating qualification for authorization under Section R315-319-103. Failure to remain in compliance with any of the requirements of Rule R315-319 will result in the automatic loss of authorization under Section R315-319-103;
    9. (vii) the owner or operator shall comply with the recordkeeping requirements specified in Subsection R315-319-105(i), the notification requirements specified in Subsection R315-319-106(i), and the internet posting requirements in Subsection R315-319-107(i);
    10. (viii) upon submission of the demonstration to the director the owner or operator shall prepare and place in the facility's operating record and on its publicly accessible CCR internet site a notification that is has submitted a demonstration along with a copy of the demonstration;
    11. (ix) upon receipt of a decision pursuant to Subsection R315-319-103(f)(3), the owner or operator shall place a copy of the decision in the facility's operating record and on the facility's publicly accessible CCR internet site; and
    12. (x) the owner or operator shall prepare an annual progress report documenting the continued lack of alternative capacity and the progress toward the closure of the CCR surface impoundment. The owner or operator has completed the progress report when the report has been placed in the facility's operating record as required by Subsection R315-319-105(i)(20).

33. (3) Process to get authorization.

    1. (i) Deadlines for Submission.

       1. (A) Except as provided by Subsections R315-319-71(d)(2)(iii)(E) and R315-319-71(d)(2)(viii), the owner or operator shall submit the demonstration required under Subsection R315-319-103(f)(1)(iv), for an alternative deadline to stop receipt of waste pursuant to Subsection R315-319-103(f)(1), to the director for approval no later than November 30, 2020.
       2. (B) An owner or operator may seek additional time beyond the time granted in the initial approval, in accordance with Subsection R315-319-103(f)(1)(vii), by submitting a new demonstration, as required under Subsection R315-319-103(f)(1)(iv), to the director for approval, no later than 14 days from determining that the stop receipt of waste deadline will not be met.
       3. (C) Except as provided by Subsections R315-319-71(d)(2)(iii)(E) and R315-319-71(d)(2)(viii), the owner or operator shall submit the demonstration required under Subsection R315-319-103(f)(2)(v) to the director for approval no later than November 30, 2020.
       4. (ii) The director will evaluate the demonstration and may request additional information to complete the review. Submission of a complete demonstration will toll the facility's deadline to stop receipt of waste until issuance of a decision under Subsection R315-319-103(f)(3)(iv). Incomplete submissions will not toll the facility's deadline and will be rejected without further process. Decisions issued under Subsection R315-319-103(f)(3)(ii) or R315-319-103(f)(3)(iv) will contain the facility's deadline to stop receipt of waste.
       5. (iii) The director will publish the proposed decision on a complete demonstration on the UDEQ's website for a 15-day comment period. If the demonstration is particularly complex, the director will provide a comment period of 20 to 30 days.
       6. (iv) After consideration of the comments, the director will issue a decision on the alternative compliance deadline within four months of receiving a complete demonstration.

34. (4) Transferring between site-specific alternatives. An owner or operator authorized to continue operating a CCR surface impoundment under Section R315-319-103 may at any time request authorization to transfer between operating the impoundment pursuant to Subsection R315-319-103(f)(1) or R315-319-103(f)(2), by submitting the information in Subsection R315-319-103(f)(4)(i) or R315-319-103(f)(4)(ii).

    1. (i) Transfer from being regulated under Subsection R315-319-103(f)(1) to being regulated under R315-319-103(f)(2). The owner or operator of a surface impoundment authorized to operate pursuant to Subsection R315-319-103(f)(1) may request authorization to instead operate the surface impoundment in accordance with the requirements of Subsection R315-319-103(f)(2), by submitting a new demonstration that meets the requirements of Subsection R315-319-103(f)(2)(v) to the director. The director may approve the request only upon determining that the criteria at Subsections R315-319-103(f)(2)(i) through R315-319-103(f)(2)(iv) have been met.

       1. (ii) Transfer from Subsection R315-319-103(f)(2) to R315-319-103(f)(1). The owner or operator of a surface impoundment authorized to operate pursuant to Subsection R315-319-103(f)(2) may request authorization to instead operate the surface impoundment in accordance with the requirements of Subsection R315-319-103(f)(1), by submitting a new demonstration that meets the requirements of Subsection R315-319-103(f)(1)(iv) to the director. The director will approve the request only upon determining that the criteria in Subsections R315-319-103(f)(1)(i) through R315-319-103(f)(1)(iii) and R315-319-103(f)(1)(vi) have been met.
       2. (iii) The procedures in Subsection R315-319-103(f)(3) will apply to each request for transfer under Subsection R315-319-103(f)(4).

The owner or operator of a CCR landfill, CCR surface impoundment, or any lateral expansion of a CCR unit that is subject to closure pursuant to Subsection R315-319-101(a), R315-319-101(b)(1), or R315-319-101(d) may continue to receive CCR in the unit if the owner or operator meets the requirements of either Subsection R315-319-103(a), R315-319-103(b) R315-319-103(f)(1) or R315-319-103(f)(2).

KEY: permit, solid waste, coal ash

Date of Last Change: September 15, 2025

Notice of Continuation: June 16, 2026

Authorizing, and Implemented or Interpreted Law: 19-6-108