a) The owner or operator of a CCR surface impoundment must conduct an initial and annual safety factor assessment for each CCR surface impoundment and document whether the calculated factors of safety for each CCR surface impoundment achieve the minimum safety factors specified in this Section for the critical cross-section of the embankment. The critical cross-section is the cross‑section anticipated to be the most susceptible of all cross-sections to structural failure based on appropriate engineering considerations, including loading conditions. The safety factor assessments must be supported by appropriate engineering calculations.

1. 1) For new CCR surface impoundments, the calculated static factor of safety under the end-of-construction loading condition must equal or exceed 1.30. The assessment of this loading condition is only required for the initial safety factor assessment and is not required for subsequent assessments.
2. 2) The calculated static factor of safety under the long-term, maximum storage pool loading condition must equal or exceed 1.50.
3. 3) The calculated static factor of safety under the maximum surcharge pool loading condition must equal or exceed 1.40.

4) The calculated seismic factor of safety must equal or exceed 1.00.

1. 5) For dikes constructed of soils that have susceptibility to liquefaction, the calculated liquefaction factor of safety must equal or exceed 1.20.
2. b) The owner or operator of the CCR surface impoundment must obtain a certification from a qualified professional engineer stating that the initial safety factor assessment and each annual assessment thereafter was conducted in accordance with the requirements of this Section.

3. c) Timeframe for Submission of the Safety Factor Assessment

   1. 1) The owner or operator of a new CCR surface impoundment must submit the initial safety factor assessment certification with the initial operating permit application before the initial receipt of CCR in the surface impoundment.
   2. 2) The owner or operator of an existing CCR surface impoundment must submit the initial safety factor assessment certification with its first annual inspection report required by Section 845.540(b).
   3. 3) The owner or operator of a CCR surface impoundment must submit the annual safety factor assessment certification each year with the annual inspection required by Section 845.540(b).
   4. 4) The owner or operator of a new CCR surface impoundment must place each safety factor assessment in the facility's operating record as required by Section 845.800(d)(6).

d) Failure to Document Minimum Safety Factors

1. 1) For new CCR surface impoundments, until the date an owner or operator of a CCR surface impoundment documents that the calculated factors of safety achieve the minimum safety factors specified in this Section, the owner or operator is prohibited from placing CCR in the CCR surface impoundment.
2. 2) An owner or operator of the CCR surface impoundment who either fails to complete a timely safety factor assessment or fails to demonstrate minimum safety factors as required by this Section is subject to the requirements of Section 845.700.
3. e) The requirements of this Section apply to all CCR surface impoundments, except for those CCR surface impoundments that are incised CCR surface impoundments. If an incised CCR surface impoundment is subsequently modified (e.g., a dike is constructed) such that the CCR surface impoundment no longer meets the definition of an incised CCR surface impoundment, the CCR surface impoundment is subject to the requirements of this Section.