(c) If coal ash is produced by co-firing coal or waste coal with an alternative fuel:
- (1) Beneficial use of that material is regulated under this chapter as coal ash if the alternative fuel is less than 20% by weight of the total fuel mixture, as burned, and contributes less than 10% by weight of total ash quantity.
- (2) Beneficial use must be authorized by a permit issued under Chapter 287, Subchapter H and the requirements of this chapter must be met if the alternative fuel is equal to or greater than 20% by weight of the total fuel mixture, as burned, or contributes equal to or greater than 10% by weight of total ash quantity.