1. (a) Applicability. This Chapter applies to owners and operators of new and existing landfills and surface impoundments, including any lateral expansions of such units that dispose or otherwise engage in solid waste management of CCR generated from the combustion of coal at electric utilities and independent power producers. Unless otherwise provided in this Chapter, these requirements also apply to disposal units located off-site of the electric utility or independent power producer. This Chapter also applies to any practice that does not meet the definition of a beneficial use of CCR.
2. (b) Applicability to inactive CCR surface impoundments. This Chapter also applies to inactive CCR surface impoundments at active electric utilities or independent power producers, regardless of how electricity is currently being produced at the facility.
3. (c) CCR management units.
4. (1) This Chapter applies to CCR management units containing 1,000 tons or greater of CCR, located at active facilities or facilities with a legacy CCR surface impoundment.
5. (2) CCR management units containing greater than or equal to 1 ton and less than 1,000 tons of CCR, located at active facilities or facilities with a legacy CCR surface impoundment, are subject only to the requirements of the Facility Evaluation Reports in OAC 252:517-11-6 until DEQ determines that regulation of these units, either individually or in the aggregate, is warranted and determines the applicable requirements.
6. (d) Cessation of electricity production. This Chapter applies to electric utilities or independent power producers that have ceased producing electricity prior to October 19, 2015 and have a legacy CCR surface impoundment on site.
7. (e) Exceptions. This Chapter does not apply to 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. This Chapter also does not apply to fly ash, bottom ash, boiler slag, and 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 fifty percent (50%) coal on a total heat input or mass input basis, whichever results in the greater mass feed rate of coal.
8. (f) Beneficial use exception. This Chapter does not apply to practices that meet the definition of a beneficial use of CCR.
9. (g) Coal mine exception. This Chapter does not apply to CCR placement at active or abandoned underground or surface coal mines.
10. (h) Municipal solid waste landfill exception. This Chapter does not apply to municipal solid waste landfills that receive CCR.

Added at 33 Ok Reg 1469, eff 9-15-16

Amended at 42 Ok Reg, Number 22, effective 9-15-25