(a) The commission adopts by reference 40 Code of Federal Regulations §257.102 (Criteria for conducting the closure or retrofit of CCR units) as amended through the August 5, 2016, issue of the Federal Register (81 FR 51802).
(b) Before approval of a closure certification for a coal combustion residuals unit in a registration may be issued by the executive director, a financial assurance mechanism other than insurance and that is acceptable to the executive director and authorized by Subchapter I of this chapter (relating to Financial Assurance) must be in place and approved by the executive director.

Source Note: The provisions of this §352.1221 adopted to be effective May 28, 2020, 45 TexReg 3464