Section 352.1 - Applicability(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.30 Tex. Admin. Code § 352.1
Adopted by Texas Register, Volume 45, Number 21, May 22, 2020, TexReg 3492, eff. 5/28/2020