| (a) The commission adopts by reference 40 Code of Federal
Regulations (CFR) §257.73 (Structural integrity criteria for
existing CCR surface impoundments) as amended through the April 17,
2015, issue of the Federal Register (80
FR 21301), subject to the additions set forth in this section.
(b) The owner or operator shall comply with the following.
(1) Upon activation of the Emergency Action Plan under
40 CFR §257.73(a)(3)(v), notify the executive director and appropriate
local government officials verbally within 24 hours, and in writing
within five days.
(2) Notify the executive director in writing of significant
changes to the history of construction as required by 40 CFR §257.73(c)(2)
within 14 days.
(3) Notify the executive director in writing of changes
to the hazard potential classification within 14 days.
(4) Notify the executive director and appropriate local
government officials verbally within 24 hours and in writing within
five days if a deficiency under 40 CFR §257.73(d)(2) could result
in harm to human health, the environment, or has resulted in a release.
Notify the executive director in writing within 14 days of all other
deficiencies under 40 CFR §257.73(d)(2).
(5) Notify the executive director in writing of intent
to close a coal combustion residuals surface impoundment in accordance
with 40 CFR §257.73(f)(4) within 14 days of:
(A) a failure to meet the minimum safety factors during
a safety factor assessment; or
(B) a failure to complete a safety factor assessment
in the timeframe prescribed by this section.
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