1. (a) The owner or operator of an existing unlined CCR surface impoundment, as determined under Subsection R315-319-71(a), is subject to the requirements of Subsection R315-319-101(a)(1).
2. (1) Except as provided by Subsection R315-319-101(a)(3), as soon as technically feasible, but before April 11, 2021, an owner or operator of the existing unlined CCR surface impoundment shall stop placing CCR and non-CCR wastestreams into the CCR surface impoundment and either retrofit or close the CCR unit in accordance with the requirements of Section R315-319-102.
3. (2) An owner or operator of an existing unlined CCR surface impoundment that closes in accordance with Subsection R315-319-101(a)(1) shall include a statement in the notification required under Subsection R315-319-102(g) or R315-319-102(k)(5) that the CCR surface impoundment is closing or retrofitting under the requirements of Subsection R315-319-101(a)(1).
4. (3) The timeframe specified in Subsection R315-319-101(a)(1) does not apply if the owner or operator complies with the alternative closure procedures specified in Section R315-319-103.

5. (4) At any time after the initiation of closure under Subsection R315-319-101(a)(1), the owner or operator may stop closure activities and initiate a retrofit of the CCR unit in accordance with the requirements of Subsection R315-319-102(k).

   1. (b) The owner or operator of an existing CCR surface impoundment is subject to the requirements of Subsection R315-319-101(b)(1).

6. (1)(i) Location standard under Section R315-319-60. Except as provided by Subsection R315-319-101(b)(4), the owner or operator of an existing CCR surface impoundment has not demonstrated compliance with the location standard specified in Subsection R315-319-60(a) shall stop placing CCR and non-CCR wastestreams into the CCR unit as soon as technically feasible, but no later than April 11, 2021, and close the CCR unit in accordance with the requirements of Section R315-319-102.

   1. (ii) Location standards under Sections R315-319-61 through R315-319-64. Except as provided by Subsection R315-319-101(b)(4), within six months of determining that an existing CCR surface impoundment has not demonstrated compliance with any location standard specified in Subsections R315-319-61(a), R315-319-62(a), R315-319-63(a), and R315-319-64(a), the owner or operator of the CCR surface impoundment shall stop placing CCR and non-CCR wastestreams into the CCR unit and close the CCR unit in accordance with the requirements of Section R315-319-102.
7. (2) Within six months of either failing to complete the initial or any subsequent periodic safety factor assessment required by Subsection R315-319-73(e) by the deadlines specified in Subsections R315-319-73(f)(1) through R315-319-73(f)(3) or failing to document that the calculated factors of safety for the existing CCR surface impoundment achieve the minimum safety factors specified in Subsections R315-319-73(e)(1)(i) through R315-319-73(e)(1)(iv), the owner or operator of the CCR surface impoundment shall stop placing CCR and non-CCR wastestreams into the CCR unit and close the CCR unit in accordance with the requirements of Section R315-319-102.
8. (3) An owner or operator of an existing CCR surface impoundment that closes in accordance with Subsection R315-319-101(b)(1) or R315-319-101(b)(2) shall include a statement in the notification required under Subsection R315-319-102(g) that the CCR surface impoundment is closing under the requirements of Subsection R315-319-101(b)(1) or R315-319-101(b)(2).

9. (4) The timeframe specified in Subsection R315-319-101(b)(1) does not apply if the owner or operator complies with the alternative closure procedures specified in Section R315-319-103.

   1. (c) The owner or operator of a new CCR surface impoundment is subject to the requirements of Subsection R315-319-101(c)(1).
10. (1) Within six months of either failing to complete the initial or any subsequent periodic safety factor assessment required by Subsection R315-319-74(e) by the deadlines specified in Subsections R315-319-74(f)(1) through R315-319-74(f)(3) or failing to document that the calculated factors of safety for the new CCR surface impoundment achieve the minimum safety factors specified in Subsections R315-319-74(e)(1)(i) through R315-319-74(e)(1)(v), the owner or operator of the CCR surface impoundment shall stop placing CCR and non-CCR wastestreams into the CCR unit and close the CCR unit in accordance with the requirements of Section R315-319-102.

11. (2) An owner or operator of a new CCR surface impoundment that closes in accordance with Subsection R315-319-101(c)(1) shall include a statement in the notification required under Subsection R315-319-102(g) that the CCR surface impoundment is closing under the requirements of Subsection R315-319-101(c)(1).

    1. (d) The owner or operator of an existing CCR landfill is subject to the requirements of Subsection R315-319-101(d)(1).
12. (1) Except as provided by Subsection R315-319-101(d)(3), within six months of determining that an existing CCR landfill has not demonstrated compliance with the location restriction for unstable areas specified in Subsection R315-319-64(a), the owner or operator of the CCR unit shall stop placing CCR and non-CCR waste streams into the CCR landfill and close the CCR unit in accordance with the requirements of Section R315-319-102.
13. (2) An owner or operator of an existing CCR landfill that closes in accordance with Subsection R315-319-101(d)(1) shall include a statement in the notification required under Subsection R315-319-102(g) that the CCR landfill is closing under the requirements of Subsection R315-319-101(d)(1).
14. (3) The timeframe specified in Subsection R315-319-101(d)(1) does not apply if the owner or operator complies with the alternative closure procedures specified in Section R315-319-103.

KEY: permit, solid waste, coal ash

Date of Last Change: September 15, 2025

Notice of Continuation: June 16, 2026

Authorizing, and Implemented or Interpreted Law: 19-6-108