(a) The commission adopts by reference 40 Code of Federal Regulations (CFR) §257.90 (Applicability) as amended through the August 5, 2016, issue of the Federal Register (81 FR 5180), subject to the changes and additions in this section. All references in this subchapter to 40 CFR §257.95(h) (Assessment monitoring program), including those adopted by reference from 40 CFR Part 257, Subpart D, are changed to §352.951(b) of this title (relating to Assessment Monitoring Program). All references in this subchapter to 40 CFR §257.101(a) (Closure or retrofit of CCR units), including those adopted by reference from 40 CFR Part 257, Subpart D, are changed to §352.1211(b) of this title (relating to Closure or Retrofit of Coal Combustion Residuals Units).
(b) The requirements of Chapter 350 of this title (relating to Texas Risk Reduction Program) are not applicable to coal combustion residuals units as defined in §352.3 of this title (relating to Definitions) and as addressed further in §352.1 of this title (relating to Applicability).

Source Note: The provisions of this §352.901 adopted to be effective May 28, 2020, 45 TexReg 3464