Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 1 - General Provisions › Section 252:517-1-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise. Any term not defined in this Chapter shall be defined as set forth
				  in OAC
				  252:517-1-4.
"Acre foot"
means the volume of one acre of
				  surface area to a depth of one foot.
"Active facility"
or
"active electric
				  utilities"
or
"independent power producers"
means any
				  facility subject to the requirements of this Chapter in operation on October
				  19, 2015. An electric utility or independent power producer is in operation if
				  it is generating electricity that is provided to electric power transmission
				  systems or to electric power distribution systems on or after October 19, 2015.
				  An off-site CCR unit is in operation if it is accepting or managing CCR on or
				  after October 19, 2015.
"Active life"
or
"in operation"
means the period of operation beginning with the initial placement of CCR in
				  the CCR unit and ending at completion of closure activities in accordance with
				  OAC
				  252:517-15-7.
"Active portion"
means that part of the CCR unit
				  that has received or is receiving CCR or non-CCR waste and that has not
				  completed closure in accordance with OAC
				  252:517-15-7.
"Aquifer"
means a geologic formation, group of
				  formations, or portion of a formation capable of yielding usable quantities of
				  groundwater to wells or springs.
"Area-capacity curves"
means graphic curves
				  which readily show the reservoir water surface area, in acres, at different
				  elevations from the bottom of the reservoir to the maximum water surface, and
				  the capacity or volume, in acre-feet, of the water contained in the reservoir
				  at various elevations.
"Areas susceptible to mass movement"
means those
				  areas of influence (i.e., areas characterized as having an active or
				  substantial possibility of mass movement) where, because of natural or
				  human-induced events, the movement of earthen material at, beneath, or adjacent
				  to the CCR unit results in the downslope transport of soil and rock material by
				  means of gravitational influence. Areas of mass movement include, but are not
				  limited to, landslides, avalanches, debris slides and flows, soil fluctuation,
				  block sliding, and rock fall.
"Beneficial use of CCR"
means the CCR meet all
				  of the following conditions:
(A) The CCR must provide a functional benefit;
(B) The CCR must substitute for the use of a virgin material,
				  conserving natural resources that would otherwise need to be obtained through
				  practices, such as extraction;
(C) The use of the CCR must meet relevant product
				  specifications, regulatory standards or design standards when available, and
				  when such standards are not available, the CCR is not used in excess
				  quantities; and
(D) When unencapsulated use of CCR involving placement on the
				  land of 12,400 tons or more in non-roadway applications, the user must
				  demonstrate and keep records, and provide such documentation upon request, that
				  environmental releases to groundwater, surface water, soil and air are
				  comparable to or lower than those from analogous products made without CCR, or
				  that environmental releases to groundwater, surface water, soil and air will be
				  at or below relevant regulatory and health-based benchmarks for human and
				  ecological receptors during use.
"CLIMOCS"
means the following publication of the
				  Oklahoma Climatological Survey: Shafer, Mark A., CLIMOCS: A Climatological
				  Summary of 168 Oklahoma Cooperative Stations, Oklahoma Climatological Survey,
				  February 1993, 184 pp.
"Closed"
means placement of CCR in a CCR unit
				  has ceased, and the owner or operator has completed closure of the CCR unit in
				  accordance with OAC
				  252:517-15-7
				  and has initiated post-closure care in accordance with OAC
				  252:517-15-9.
"Coal combustion residuals (CCR)"
means fly ash,
				  bottom ash, boiler slag, and flue gas desulfurization materials generated from
				  burning coal for the purpose of generating electricity by electric utilities
				  and independent power producers.
"CCR fugitive dust"
means solid airborne
				  particulate matter that contains or is derived from CCR, emitted from any
				  source other than a stack or chimney.
"CCR landfill"
or
"landfill"
means
				  an area of land or an excavation that receives CCR and which is not a surface
				  impoundment, an underground injection well, a salt dome formation, a salt bed
				  formation, an underground or surface coal mine, or a cave. For purposes of this
				  Chapter, a CCR landfill also includes sand and gravel pits and quarries that
				  receive CCR, CCR piles, and any practice that does not meet the definition of a
				  beneficial use of CCR.
"CCR pile"
or
"pile"
means any
				  non-containerized accumulation of solid, non-flowing CCR that is placed on the
				  land. CCR that is beneficially used off-site is not a CCR pile.
"CCR surface impoundment"
or
"impoundment"
means a natural topographic depression, man-made
				  excavation, or diked area, which is designed to hold an accumulation of CCR and
				  liquids, and the unit treats, stores, or disposes of CCR.
"CCR unit"
means any CCR landfill, CCR surface
				  impoundment, or lateral expansion of a CCR unit, or a combination of more than
				  one of these units, based on the context of the paragraph(s) in which it is
				  used. This term includes both new and existing units, unless otherwise
				  specified.
"Dike"
means an embankment, berm, or ridge of
				  either natural or man-made materials used to prevent the movement of liquids,
				  sludges, solids, or other materials.
"Displacement"
means the relative movement of
				  any two sides of a fault measured in any direction.
"Disposal"
means the discharge, deposit,
				  injection, dumping, spilling, leaking, or placing of any solid waste as defined
				  in Section 27A O.S. § 2-10-103 into or on any land or water so that such
				  solid waste, or constituent thereof, may enter the environment or be emitted
				  into the air or discharged into any waters, including groundwaters. For
				  purposes of this Chapter, disposal does not include the storage or the
				  beneficial use of CCR.
"Downstream toe"
means the junction of the
				  downstream slope or face of the CCR surface impoundment with the ground
				  surface.
"Eligible unlined CCR surface impoundment"
means
				  an existing CCR surface impoundment that meets all of the following conditions:
(A) The owner or operator has documented that the CCR unit is
				  in compliance with the location restrictions specified under OAC
				  252:517-5-1
				  through OAC
				  252:517-5-5;
(B) The owner or operator has documented that the CCR unit is
				  in compliance with the periodic safety factor assessment requirements under OAC
				  252:517-11-4(e)
				  and (f); and
(C) No constituent listed in Appendix B to this Chapter has
				  been detected at a statistically significant level exceeding a groundwater
				  protection standard defined under OAC
				  252:517-9-6(h).
"Encapsulated beneficial use"
means a beneficial
				  use of CCR that binds the CCR into a solid matrix that minimizes its
				  mobilization into the surrounding environment.
"Existing CCR landfill"
means a CCR landfill
				  that receives CCR both before and after October 19, 2015, or for which
				  construction commenced prior to October 19, 2015 and receives CCR on or after
				  October 19, 2015. A CCR landfill has commenced construction if the owner or
				  operator has obtained the federal, state, and local approvals or permits
				  necessary to begin physical construction and a continuous on-site, physical
				  construction program had begun prior to October 19, 2015.
"Existing CCR surface impoundment"
means a CCR
				  surface impoundment that receives CCR both before and after October 19, 2015,
				  or for which construction commenced prior to October 19, 2015 and receives CCR
				  on or after October 19, 2015. A CCR surface impoundment has commenced
				  construction if the owner or operator has obtained the federal, state, and
				  local approvals or permits necessary to begin physical construction and a
				  continuous on-site, physical construction program had begun prior to October
				  19, 2015.
"Facility"
means all contiguous land, and
				  structures, other appurtenances, and improvements on the land, used for
				  treating, storing, disposing, or otherwise conducting solid waste management of
				  CCR. A facility may consist of several treatment, storage, or disposal
				  operational units (e.g., one or more landfills, surface impoundments, or
				  combinations of them).
"Factor of safety (Safety factor)"
means the
				  ratio of the forces tending to resist the failure of a structure to the forces
				  tending to cause such failure as determined by accepted engineering practice.
"Fault"
means a fracture or a zone of fractures
				  in any material along which strata on one side have been displaced with respect
				  to that on the other side.
"Flood hydrograph"
means a graph showing, for a
				  given point on a stream, the discharge, height, or other characteristic of a
				  flood as a function of time.
"Freeboard"
means the vertical distance between
				  the lowest point on the crest of the impoundment dike and the surface of the
				  waste contained therein.
"Free liquids"
means liquids that readily
				  separate from the solid portion of a waste under ambient temperature and
				  pressure.
"Groundwater"
means water below the land surface
				  in a zone of saturation.
"Hazard potential classification"
means the
				  possible adverse incremental consequences that result from the release of water
				  or stored contents due to failure of the diked CCR surface impoundment or
				  mis-operation of the diked CCR surface impoundment or its appurtenances. The
				  hazardous potential classifications include high hazard potential CCR surface
				  impoundment, significant hazard potential CCR surface impoundment, and low
				  hazard potential CCR surface impoundment, which terms mean:
(A) High hazard potential CCR surface impoundment means a
				  diked surface impoundment where failure or mis-operation will probably cause
				  loss of human life.
(B) Low hazard potential CCR surface impoundment means a
				  diked surface impoundment where failure or mis-operation results in no probable
				  loss of human life and low economic and/or environmental losses. Losses are
				  principally limited to the surface impoundment owner's property.
(C) Significant hazard potential CCR surface impoundment
				  means a diked surface impoundment where failure or mis-operation results in no
				  probable loss of human life, but can cause economic loss, environmental damage,
				  disruption of lifeline facilities, or impact other concerns.
"Height"
means the vertical measurement from the
				  downstream toe of the CCR surface impoundment at its lowest point to the lowest
				  elevation of the crest of the CCR surface impoundment.
"Holocene"
means the most recent epoch of the
				  Quaternary period, extending from the end of the Pleistocene Epoch, at 11,700
				  years before present, to present.
"Hydraulic conductivity"
means the rate at which
				  water can move through a permeable medium (i.e., the coefficient of
				  permeability).
"Inactive CCR surface impoundment"
means a CCR
				  surface impoundment that no longer receives CCR on or after October 19, 2015
				  and still contains both CCR and liquids on or after October 19, 2015.
"Incised CCR surface impoundment"
means a CCR
				  surface impoundment which is constructed by excavating entirely below the
				  natural ground surface, holds an accumulation of CCR entirely below the
				  adjacent natural ground surface, and does not consist of any constructed diked
				  portion.
"Inflow design flood"
means the flood hydrograph
				  that is used in the design or modification of the CCR surface impoundments and
				  its appurtenant works.
"In operation"
means the same as active life.
"Karst terrain"
means an area where karst
				  topography, with its characteristic erosional surface and subterranean
				  features, is developed as the result of dissolution of limestone, dolomite, or
				  other soluble rock. Characteristic physiographic features present in karst
				  terranes include, but are not limited to, dolines, collapse shafts (sinkholes),
				  sinking streams, caves, seeps, large springs, and blind valleys.
"Lateral expansion"
means a horizontal expansion
				  of the waste boundaries of an existing CCR landfill or existing CCR surface
				  impoundment made after October 19, 2015.
"Liquefaction factor of safety"
means the factor
				  of safety (safety factor) determined using analysis under liquefaction
				  conditions.
"Lithified earth material"
means all rock,
				  including all naturally occurring and naturally formed aggregates or masses of
				  minerals or small particles of older rock that formed by crystallization of
				  magma or by induration of loose sediments. This term does not include man-made
				  materials, such as fill, concrete, and asphalt, or unconsolidated earth
				  materials, soil, or regolith lying at or near the earth surface.
"Maximum horizontal acceleration in lithified earth
				  material"
means the maximum expected horizontal acceleration at the
				  ground surface as depicted on a seismic hazard map, with a 98% or greater
				  probability that the acceleration will not be exceeded in 50 years, or the
				  maximum expected horizontal acceleration based on a site- specific seismic risk
				  assessment.
"New CCR landfill"
means a CCR landfill or
				  lateral expansion of a CCR landfill that first receives CCR or commences
				  construction after October 19, 2015. A new CCR landfill has commenced
				  construction if the owner or operator has obtained permits necessary to begin
				  physical construction and a continuous on-site, physical construction program
				  had begun after October 19, 2015. Overfills are also considered new CCR
				  landfills.
"New CCR surface impoundment"
means a CCR
				  surface impoundment or lateral expansion of an existing or new CCR surface
				  impoundment that first receives CCR or commences construction after October 19,
				  2015. A new CCR surface impoundment has commenced construction if the owner or
				  operator has obtained the permits necessary to begin physical construction and
				  a continuous on-site, physical construction program had begun after October 19,
				  2015.
"Operator"
means the person(s) responsible for
				  the overall operation of a CCR unit.
"Overfill"
means a new CCR landfill constructed
				  over a closed CCR surface impoundment.
"Owner"
means the person(s) who owns a CCR unit
				  or part of a CCR unit.
"Permit boundary"
means the outermost edge of
				  the area described by legal description in the owner/operator's permit. The
				  permitted boundary includes the area in the buffer zone.
"Poor foundation conditions"
mean those areas
				  where features exist which indicate that a natural or human-induced event may
				  result in inadequate foundation support for the structural components of an
				  existing or new CCR unit. For example, failure to maintain static and seismic
				  factors of safety as required in OAC
				  252:517-11-4(e)
				  and OAC
				  252:517-11-5(e)
				  would cause a poor foundation condition.
"Probable maximum flood"
means the flood that
				  may be expected from the most severe combination of critical meteorologic and
				  hydrologic conditions that are reasonably possible in the drainage basin.
"Qualified person"
means a person or persons
				  trained to recognize specific appearances of structural weakness and other
				  conditions which are disrupting or have the potential to disrupt the operation
				  or safety of the CCR unit by visual observation and, if applicable, to monitor
				  instrumentation.
"Qualified professional engineer"
means an
				  individual who is licensed as a Professional Engineer in the state of Oklahoma
				  by the State Board of Registration for Professional Engineers and Land
				  Surveyors.
"Recognized and generally accepted good engineering
				  practices"
means engineering maintenance or operation activities based
				  on established codes, widely accepted standards, published technical reports,
				  or a practice widely recommended throughout the industry. Such practices
				  generally detail approved ways to perform specific engineering, inspection, or
				  mechanical integrity activities.
"Representative sample"
means a sample of a
				  universe or whole (e.g., waste pile, lagoon, and groundwater) which can be
				  expected to exhibit the average properties of the universe or whole. See EPA
				  publication SW-846, Test Methods for Evaluating Solid Waste, Physical/ Chemical
				  Methods, Chapter 9.
"Retrofit"
means to remove all CCR and
				  contaminated soils and sediments from the CCR surface impoundment, and to
				  ensure the unit complies with the requirements in OAC
				  252:517-11-3.
"Run-off"
means any rainwater, leachate, or
				  other liquid that drains over land from any part of a CCR landfill or lateral
				  expansion of a CCR landfill.
"Run-on"
means any rainwater, leachate, or other
				  liquid that drains over land onto any part of a CCR landfill or lateral
				  expansion of a CCR landfill.
"Sand and gravel pit or quarry"
means an
				  excavation for the extraction of aggregate, minerals or metals. The term sand
				  and gravel pit and/or quarry does not include subsurface or surface coal mines.
"Seismic factor of safety"
means the factor of
				  safety (safety factor) determined using analysis under earthquake conditions
				  using the peak ground acceleration for a seismic event with a 2% probability of
				  exceedance in 50 years, equivalent to a return period of approximately 2,500
				  years, based on the U.S. Geological Survey (USGS) seismic hazard maps for
				  seismic events with this return period for the region where the CCR surface
				  impoundment is located.
"Seismic impact zone"
means an area having a 2%
				  or greater probability that the maximum expected horizontal acceleration,
				  expressed as a percentage of the earth's gravitational pull (g), will exceed
				  0.10 g in 50 years.
"Slope protection"
means engineered or
				  non-engineered measures installed on the upstream or downstream slope of the
				  CCR surface impoundment to protect the slope against wave action or erosion,
				  including but not limited to rock riprap, wooden pile, or concrete revetments,
				  vegetated wave berms, concrete facing, gabions, geotextiles, or
				  fascines.
"Solid waste management or management"
means the
				  systematic administration of the activities which provide for the collection,
				  source separation, storage, transportation, processing, treatment, or disposal
				  of solid waste.
"State Director"
means the Executive Director of
				  the DEQ or designee.
"Static factor of safety"
means the factor of
				  safety (safety factor) determined using analysis under the long-term, maximum
				  storage pool loading condition, the maximum surcharge pool loading condition,
				  and under the end-of-construction loading condition.
"Structural components"
mean liners, leachate
				  collection and removal systems, final covers, run-on and run-off systems,
				  inflow design flood control systems, and any other component used in the
				  construction and operation of the CCR unit that is necessary to ensure the
				  integrity of the unit and that the contents of the unit are not released into
				  the environment.
"Technically feasible"
means possible to do in a
				  way that would likely be successful.
"Technically infeasible"
means not possible to
				  do in a way that would likely be successful.
"Unstable area"
means a location that is
				  susceptible to natural or human-induced events or forces capable of impairing
				  the integrity, including structural components of some or all of the CCR unit
				  that are responsible for preventing releases from such unit. Unstable areas can
				  include poor foundation conditions, areas susceptible to mass movements, and
				  karst terrains.
"Uppermost aquifer"
means the geologic formation
				  nearest the natural ground surface that is an aquifer, as well as lower
				  aquifers that are hydraulically interconnected with this aquifer within the
				  facility's property boundary. Upper limit is measured at a point nearest to the
				  natural ground surface to which the aquifer rises during the wet season.
"Waste boundary"
means a vertical surface
				  located at the hydraulically downgradient limit of the CCR unit. The vertical
				  surface extends down into the uppermost aquifer.
"Wetlands"
means those areas that are inundated
				  or saturated by surface or groundwater at a frequency and duration sufficient
				  to support, and that under normal circumstances do support, a prevalence of
				  vegetation typically adapted for life in saturated soil conditions. Wetlands
				  generally include swamps, marshes, bogs, and similar areas.