§257.103. Alternative closure requirements.

(1) A written narrative discussing the options considered both on and off-site to obtain alternative capacity for each CCR and/or non-CCR wastestreams, the technical infeasibility of obtaining alternative capacity prior to April 11, 2021, and the option selected and justification for the alternative capacity selected. The narrative must also include all of the following:

(i) An in-depth analysis of the site and any site-specific conditions that led to the decision to select the alternative capacity being developed;

(ii) 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

(iii) 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;

(2) 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 must clearly show all of the following:

(i) How each phase and the steps within that phase interact with or are dependent on each other and the other phases;

(ii) All of the steps and phases that can be completed concurrently;

(iii) The total time needed to obtain the alternative capacity and how long each phase and step within each phase will take; and

(iv) At a minimum, the following phases: Engineering and design, contractor selection, equipment fabrication and delivery, construction, and start up and implementation.;

(3) A narrative discussion of the schedule and visual timeline representation, which must discuss all of the following:

(i) Why the length of time for each phase and step is needed and a discussion of the tasks that occur during the specific step;

(ii) Why each phase and step shown on the chart must happen in the order it is occurring;

(iii) The tasks that occur during each of the steps within the phase; and

(iv) Anticipated worker schedules; and

(4) A narrative discussion of the progress the owner or operator has made to obtain alternative capacity for the CCR and/or non-CCR wastestreams. The narrative must discuss all 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 must discuss where the facility currently is on the timeline and the efforts that are currently being undertaken to develop alternative capacity.

(1) A certification signed by the owner or operator that the facility is in compliance with all of the requirements of this subpart;

(2) Visual representation of hydrogeologic information at and around the CCR unit(s) that supports the design, construction and installation of the groundwater monitoring system. This includes all of the following:

(i) Map(s) of groundwater monitoring well locations in relation to the CCR unit(s);

(ii) Well construction diagrams and drilling logs for all groundwater monitoring wells; and

(iii) Maps that characterize the direction of groundwater flow accounting for seasonal variations;

(3) Constituent concentrations, summarized in table form, at each groundwater monitoring well monitored during each sampling event;

(4) A description of site hydrogeology including stratigraphic cross-sections;

(5) Any corrective measures assessment conducted as required at § 257.96;

(6) Any progress reports on corrective action remedy selection and design and the report of final remedy selection required at § 257.97(a);

(7) The most recent structural stability assessment required at § 257.73(d); and

(8) The most recent safety factor assessment required at § 257.73(e).

(2) Discussion of whether the owner or operator is on schedule for obtaining alternative capacity;

(3) If the owner or operator is not on or ahead of schedule for obtaining alternative capacity, the following must be included:

(i) Discussion of any problems encountered, and a description of the actions taken or planned to resolve the problems and get back on schedule; and

(ii) Discussion of the goals for the next six months and major milestones to be achieved for obtaining alternative capacity; and

(1) A discussion of any physical or chemical measures a facility can take to limit any future releases to groundwater during operation.

(2) 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 such exposures could be promptly mitigated.

(3) A plan to expedite and maintain the containment of any contaminant plume that is either present or identified during continued operation of the unit.

(1) A certification signed by the owner or operator that the facility is in compliance with all of the requirements of this subpart;

(2) Visual representation of hydrogeologic information at and around the CCR unit(s) that supports the design, construction and installation of the groundwater monitoring system. This includes all of the following:

(i) Map(s) of groundwater monitoring well locations in relation to the CCR unit;

(ii) Well construction diagrams and drilling logs for all groundwater monitoring wells; and

(iii) Maps that characterize the direction of groundwater flow accounting for seasonal variations;

(3) Constituent concentrations, summarized in table form, at each groundwater monitoring well monitored during each sampling event;

(4) Description of site hydrogeology including stratigraphic cross-sections;

(5) Any corrective measures assessment required at § 257.96;

(6) Any progress reports on remedy selection and design and the report of final remedy selection required at § 257.97(a);

(7) The most recent structural stability assessment required at § 257.73(d); and

(8) The most recent safety factor assessment required at § 257.73(e).