What: On November 28, the U.S. Environmental Protection Agency (EPA) proposed to extend the deadline for owners and operators to complete closure of their unlined coal combustion residuals (CCR) surface impoundments larger than 40 acres from October 17, 2028, to October 17, 2031.
Why: The EPA is proposing this rule change in response to concerns that the retirement of coal-fired power-generating assets is exacerbating an electric resource adequacy problem. The agency specifically cites a U.S. Department of Energy report, which concludes that, if current retirement schedules and incremental additions proceed as anticipated, most regions will face unacceptable reliability risks within five years, and the nation’s electric power grid will be unable to meet expected demand. The EPA asserts that this deadline extension will promote electric grid reliability by allowing a subset of coal-fired power producers to continue to operate beyond their currently scheduled retirement date.
In particular, the EPA is soliciting feedback on the potential for this action to address projected energy supply shortages, especially for baseload and peak load reliability regionally. The agency also requests further information regarding which operators are likely to avail themselves of the additional three years to complete closure of their surface impoundments.
Action: Comments are due January 7, 2026. The EPA will hold a virtual public hearing to discuss the proposal on January 6, 2025.
RESOURCE ACCURACY REPORT:
Evaluating the Reliability and Security of the United States Electric Grid
FEDERAL REGISTER NOTICE:
VIRTUAL PUBLIC HEARING REGISTRATION:
Revision of an Alternative Closure Requirement Deadline
CONTACT: Nick Goldstein
EMAIL: nick.goldstein@sba.gov
TAG(S): EPA
Is your small business or entity being impacted by a proposed rule? If yes, write a comment letter to the proposing agency.