(a) This chapter applies to:
(1) owners and operators of new and existing coal combustion
residuals (CCR) landfills and surface impoundments that dispose of
or manage CCR generated from the combustion of coal at electric utilities
and independent power producers;
(2) owners and operators of CCR disposal units located
off-site of electric utility or independent power producer facilities;
(3) owners and operators of inactive CCR surface impoundments
located at active electric utilities and independent power producers
regardless of the fuel currently used to produce electricity at the
facility;
(4) a lateral expansion of a CCR landfill or surface
impoundment; and
(5) any CCR management practice that does not meet
the definition of beneficial use of CCR in 40 Code of Federal Regulations
(CFR) §257.53 (Definitions) as amended through the April 17,
2015, issue of the Federal Register (80
FR 21301 ).
(b) This chapter does not apply to:
(1) owners and operators of CCR landfills that ceased
receiving CCR before October 19, 2015;
(2) owners and operators of electric utilities and
independent power producers that ceased producing electricity before
October 19, 2015;
(3) owners and operators of surface impoundments that
stopped receiving CCR and were closed, dewatered, and could no longer
impound liquid, before October 19, 2015;
(4) wastes, including fly ash, bottom ash, boiler slag,
and flue gas desulfurization materials generated at facilities that
are not part of an electric utility or independent power producer,
such as manufacturing facilities, universities, and hospitals;
(5) fly ash, bottom ash, boiler slag, or flue gas desulfurization
materials generated primarily from the combustion of fuels (including
other fossil fuels) other than coal, for the purpose of generating
electricity unless the fuel burned consists of more than 50% coal
on a total heat input or mass input basis, whichever results in the
greater mass feed rate of coal;
(6) beneficial use of CCR as defined in 40 CFR §257.53
as amended through the April 17, 2015, issue of the Federal Register (80 FR 21301 );
(7) CCR placement at active or abandoned underground
or surface coal mines;
(8) owners and operators of municipal solid waste landfills
that receive CCR; or
(9) owners and operators of commercial industrial nonhazardous
waste landfill facilities authorized by a permit issued under Chapter
335, Subchapter T of this title (relating to Permitting Standards
for Owners and Operators of Commercial Industrial Nonhazardous Waste
Landfill Facilities), that receive CCR.
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