(a) The commission adopts by reference 40 Code of Federal
Regulations §257.102 (Criteria for conducting the closure or
retrofit of CCR units) as amended through the August 5, 2016, issue
of the Federal Register (81 FR 51802).
(b) Before approval of a closure certification for
a coal combustion residuals unit in a registration may be issued by
the executive director, a financial assurance mechanism other than
insurance and that is acceptable to the executive director and authorized
by Subchapter I of this chapter (relating to Financial Assurance)
must be in place and approved by the executive director.
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