Section 845.100  Scope and Purpose

a)         This Part establishes criteria for determining which CCR surface impoundments do not pose a reasonable probability of adverse effects on health or the environment.  CCR surface impoundments failing to satisfy any of the requirements of this Part are considered open dumps, which are prohibited under Section 21(a) of the Act.

b)         This Part applies to owners and operators of new and existing CCR surface impoundments, including any lateral expansions of CCR surface impoundments that dispose of or otherwise engage in solid waste management of CCR generated from the combustion of coal at electric utilities and independent power producers.  Unless otherwise provided in this Part, these requirements also apply to CCR surface impoundments located off-site of the electric utility or independent power producer.

c)         This Part also applies to inactive CCR surface impoundments at active and inactive electric utilities or independent power producers, regardless of the fuel currently used at the facility to produce electricity.

d)         Except as provided in Section 845.170, inactive CCR surface impoundments are subject to all the requirements of this Part applicable to existing CCR surface impoundments.

e)         This Part does not apply to wastes, including fly ash, bottom ash, boiler slag, and flue gas desulfurization materials generated at facilities that are not part of an electric utility or independent power producer, such as manufacturing facilities, universities, and hospitals.  This Part also does not apply to fly ash, bottom ash, boiler slag, and flue gas desulfurization materials generated primarily from the combustion of fuels (including other fossil fuels) other than coal, for the purpose of generating electricity unless the fuel burned consists of more than 50% coal on a total heat input or mass input basis, whichever results in the greater mass feed rate of coal.

f)         This Part does not apply to the beneficial use of CCR.

g)         This Part does not apply to CCR placement at active or abandoned underground or surface coal mines.

h)         This Part does not apply to landfills that receive CCR.

i)          If a CCR surface impoundment has completed an Agency-approved closure before April 21, 2021, this Part does not require the owner or operator of the CCR surface impoundment to resubmit to the Agency any closure plan, closure report, or closure certification for that completed closure.

j)          Upon completion of an Agency-approved closure, the CCR surface impoundment is considered a CCR surface impoundment that has completed closure for purposes of fee applicability under Section 22.59(j) of the Act.