Oklahoma Administrative Code
Title 252 - Department of Environmental Quality
Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities
Subchapter 15 - Closure and Post-Closure Care
Section 252:517-15-5 - Inactive CCR surface impoundments
Universal Citation: OK Admin Code 252:517-15-5
Current through Vol. 41, No. 13, March 15, 2024
(a) Applicability. Inactive CCR surface impoundments are subject to all of the requirements of this Chapter applicable to existing CCR surface impoundments.
(b) [RESERVED]
(c) [RESERVED]
(d) [RESERVED]
(e) Timeframes for certain inactive CCR surface impoundments.
(1)
Alternative timeframes. An
inactive CCR surface impoundment for which the owner or operator has completed
the actions by the deadlines specified in paragraphs (e)(1)(A) through (C) of
this Section is eligible for the alternative timeframes specified in paragraphs
(e)(2) through (6) of this Section. The owner or operator of the CCR unit must
comply with the applicable recordkeeping, notification, and internet
requirements associated with these provisions. For the inactive CCR surface
impoundment:
(A) The owner or operator must
have prepared and placed in the facility's operating record by December 17,
2015, a notification of intent to initiate closure of the inactive CCR surface
impoundment pursuant to OAC
252:517-19-1(i)(1);
(B) The owner or operator must have provided
notification to the State Director and/or appropriate Tribal authority by
January 19, 2016, of the intent to initiate closure of the inactive CCR surface
impoundment pursuant to OAC
252:517-19-2(h)(1);
and
(C) The owner or operator must
have placed on its CCR Web site by January 19, 2016, the notification of intent
to initiate closure of the inactive CCR surface impoundment pursuant to OAC
252:517-19-3(i)(1).
(2)
Location restrictions.
(A) No later than April 16, 2020, the owner
or operator of the inactive CCR surface impoundment must:
(i) Complete the demonstration for placement
above the uppermost aquifer as set forth by OAC
252:517-5-1(a),
(b), and (c)(3);
(ii) Complete the demonstration for wetlands
as set forth by OAC
252:517-5-2(a), (b), and
(c)(3);
(iii) Complete the demonstration for fault
areas as set forth by OAC
252:517-5-3(a), (b), and
(c)(3);
(iv) Complete the demonstration for seismic
impact zones as set forth by OAC
252:517-5-4(a), (b), and
(c)(3); and
(v) Complete the demonstration for unstable
areas as set forth by OAC
252:517-5-5(a), (b), (c), and
(d)(3).
(B) An owner or operator of an inactive CCR
surface impoundment who fails to demonstrate compliance with the requirements
of paragraph (e)(2)(A) of this section is subject to the closure requirements
of OAC
252:517-15-6(b)(1).
(3)
Design criteria. The owner
or operator of the inactive CCR surface impoundment must:
(A) No later than April 17, 2018, complete
the documentation of liner type as set forth by OAC
252:517-11-2(a)
and (b).
(B) No later than June 16, 2017, place on or
immediately adjacent to the CCR unit the permanent identification marker as set
forth by OAC
252:517-11-4(a)(1).
(C) No later than October 16, 2018, prepare
and maintain an Emergency Action Plan as set forth by OAC
252:517-11-4(a)(3).
(D) No later than April 17, 2018, compile a
history of construction as set forth by OAC
252:517-11-4(b)
and (c).
(E) No later than April 17, 2018, complete
the initial hazard potential classification, structural stability, and safety
factor assessments as set forth by OAC
252:517-11-4(a)(2),
(b), (d), (e), and (f).
(4)
Operating criteria. The
owner or operator of the inactive CCR surface impoundment must:
(A) No later than April 18, 2017, prepare the
initial CCR fugitive dust control plan as set forth in OAC
252:517-13-1(b).
(B) No later than April 17, 2018, prepare the
initial inflow design flood control system plan as set forth in OAC
252:517-13-3(c).
(C) No later than April 18, 2017, initiate
the inspections by a qualified person as set forth by OAC
252:517-13-4(a).
(D) No later than July 19, 2017, complete the
initial annual inspection by a qualified professional engineer as set forth by
OAC
252:517-13-4(b).
(5)
Groundwater monitoring and
corrective action. The owner or operator of the inactive CCR surface
impoundment must:
(A) No later than April 17,
2019, comply with groundwater monitoring requirements set forth in OAC
252:517-9-1(b)
and
252:517-9-5(b);
and
(B) No later than August 1,
2019, prepare the initial groundwater monitoring and corrective action report
as set forth in OAC
252:517-9-1(e).
(6)
Closure and post-closure
care. The owner or operator of the inactive CCR surface impoundment
must:
(A) No later than April 17, 2018,
prepare an initial written closure plan as set forth in OAC
252:517-15-7(b);
and
(B) No later than April 17,
2018, prepare an initial written post-closure care plan as set forth in OAC
252:517-15-9(d).
Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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