(a) The commission adopts by reference 40 Code of Federal Regulations §257.101 (Closure or retrofit of CCR units) as amended through the April 17, 2015, issue of the Federal Register (80 FR 21301), excluding 40 CFR §257.101(a), subject to the additions in this section.
(b) The owner or operator of an existing unlined coal combustion residuals (CCR) surface impoundment, as determined under §352.711 of this title (relating to Liner Design Criteria for Existing Coal Combustion Residuals Surface Impoundments), is subject to the following requirements:
  (1) No later than October 31, 2020, the owner or operator of the existing unlined CCR surface impoundment must cease placing CCR and non-CCR waste streams into the CCR surface impoundment and either retrofit or close the CCR unit in accordance with the requirements of §352.1221 of this title (relating to Criteria for Conducting the Closure or Retrofit of Coal Combustion Residuals Units).
  (2) An owner or operator of an existing unlined CCR surface impoundment that closes in accordance with paragraph (1) of this subsection must include a statement in the notification required under §352.1221 of this title that the CCR surface impoundment is closing or retrofitting under the requirements of paragraph (1) of this subsection.
  (3) The timeframe specified in paragraph (1) of this subsection does not apply if the owner or operator complies with the alternative closure procedures specified in §352.1231 of this title (relating to Alternative Closure Requirements).
  (4) At any time after the initiation of closure under paragraph (1) of this subsection, the owner or operator may cease closure activities and initiate a retrofit of the CCR unit in accordance with the requirements of §352.1221 of this title.

Source Note: The provisions of this §352.1211 adopted to be effective May 28, 2020, 45 TexReg 3464