(a) The commission adopts by reference 40 Code of Federal Regulations (CFR) §257.73 (Structural integrity criteria for existing CCR surface impoundments) as amended through the April 17, 2015, issue of the Federal Register (80 FR 21301), subject to the additions set forth in this section.
(b) The owner or operator shall comply with the following.
  (1) Upon activation of the Emergency Action Plan under 40 CFR §257.73(a)(3)(v), notify the executive director and appropriate local government officials verbally within 24 hours, and in writing within five days.
  (2) Notify the executive director in writing of significant changes to the history of construction as required by 40 CFR §257.73(c)(2) within 14 days.
  (3) Notify the executive director in writing of changes to the hazard potential classification within 14 days.
  (4) Notify the executive director and appropriate local government officials verbally within 24 hours and in writing within five days if a deficiency under 40 CFR §257.73(d)(2) could result in harm to human health, the environment, or has resulted in a release. Notify the executive director in writing within 14 days of all other deficiencies under 40 CFR §257.73(d)(2).
  (5) Notify the executive director in writing of intent to close a coal combustion residuals surface impoundment in accordance with 40 CFR §257.73(f)(4) within 14 days of:
    (A) a failure to meet the minimum safety factors during a safety factor assessment; or
    (B) a failure to complete a safety factor assessment in the timeframe prescribed by this section.

Source Note: The provisions of this §352.731 adopted to be effective May 28, 2020, 45 TexReg 3464