| (a) The commission adopts by reference 40 Code of Federal
Regulations §257.101 (Closure or retrofit of CCR units) as amended
through the April 17, 2015, issue of the Federal
Register (80 FR 21301), excluding 40 CFR §257.101(a),
subject to the additions in this section.
(b) The owner or operator of an existing unlined coal
combustion residuals (CCR) surface impoundment, as determined under §352.711
of this title (relating to Liner Design Criteria for Existing Coal
Combustion Residuals Surface Impoundments), is subject to the following
requirements:
(1) No later than October 31, 2020, the owner or operator
of the existing unlined CCR surface impoundment must cease placing
CCR and non-CCR waste streams into the CCR surface impoundment and
either retrofit or close the CCR unit in accordance with the requirements
of §352.1221 of this title (relating to Criteria for Conducting
the Closure or Retrofit of Coal Combustion Residuals Units).
(2) An owner or operator of an existing unlined CCR
surface impoundment that closes in accordance with paragraph (1) of
this subsection must include a statement in the notification required
under §352.1221 of this title that the CCR surface impoundment
is closing or retrofitting under the requirements of paragraph (1)
of this subsection.
(3) The timeframe specified in paragraph (1) of this
subsection does not apply if the owner or operator complies with the
alternative closure procedures specified in §352.1231 of this
title (relating to Alternative Closure Requirements).
(4) At any time after the initiation of closure under
paragraph (1) of this subsection, the owner or operator may cease
closure activities and initiate a retrofit of the CCR unit in accordance
with the requirements of §352.1221 of this title.
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