Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 11 - Design Criteria › Section 252:517-11-4 - Structural integrity criteria for existing CCR surface impoundments

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicability; criteria.
The
				requirements of paragraphs (a)(1) through (4) of this Section apply to all
				existing CCR surface impoundments, except for those existing CCR surface
				impoundments that are incised CCR units. If an incised CCR surface impoundment
				is subsequently modified (e.g., a dike is constructed) such that the CCR unit
				no longer meets the definition of an incised CCR unit, the CCR unit is subject
				to the requirements of paragraphs (a)(1) through (4) of this Section.
(1)
Permanent marker.
The owner
				or operator of the CCR unit must place on or immediately adjacent to the CCR
				unit a permanent identification marker, at least six feet high showing the
				permit number of the CCR unit, the name associated with the CCR unit and the
				name of the owner or operator of the CCR unit.
(2)
Periodic hazard potential
				classification assessments.
(A) The
				owner or operator of the CCR unit must conduct initial and periodic hazard
				potential classification assessments of the CCR unit according to the
				timeframes specified in paragraph (f) of this Section. The owner or operator
				must document the hazard potential classification of each CCR unit as either a
				high hazard potential CCR surface impoundment, a significant hazard potential
				CCR surface impoundment, or a low hazard potential CCR surface impoundment. The
				owner or operator must also document the basis for each hazard potential
				classification.
(B) The owner or
				operator of the CCR unit must obtain a certification from a qualified
				professional engineer stating that the initial hazard potential classification
				and each subsequent periodic classification specified in paragraph (a)(2)(A) of
				this Section was conducted in accordance with the requirements of this
				Section.
(C) The owner or operator
				of the CCR unit must submit the initial hazard potential classification and
				each subsequent periodic classification to the DEQ for approval.
(3)
Emergency Action Plan
				(EAP).
(A)
Development of the
				plan.
No later than April 17, 2017, the owner or operator of a CCR unit
				determined to be either a high hazard potential CCR surface impoundment or a
				significant hazard potential CCR surface impoundment under paragraph (a)(2) of
				this Section must prepare and maintain a written EAP. At a minimum, the EAP
				must:
(i) Define the events or circumstances
				involving the CCR unit that represent a safety emergency, along with a
				description of the procedures that will be followed to detect a safety
				emergency in a timely manner;
(ii)
				Define responsible persons, their respective responsibilities, and notification
				procedures in the event of a safety emergency involving the CCR unit;
(iii) Provide contact information of
				emergency responders;
(iv) Include
				a map which delineates the downstream area which would be affected in the event
				of a CCR unit failure and a physical description of the CCR unit; and
(v) Include provisions for an annual
				face-to-face meeting or exercise between representatives of the owner or
				operator of the CCR unit and the local emergency responders.
(B)
Amendment of the
				plan.
(i) The owner or operator of a
				CCR unit subject to the requirements of paragraph (a)(3)(A) of this Section may
				amend the written EAP at any time provided the revised plan is placed in the
				facility's operating record as required by OAC
				252:517-19-1(f)(6).
				The owner or operator must amend the written EAP whenever there is a change in
				conditions that would substantially affect the EAP in effect.
(ii) The written EAP must be evaluated, at a
				minimum, every five years to ensure the information required in paragraph
				(a)(3)(A) of this Section is accurate. As necessary, the EAP must be updated
				and a revised EAP placed in the facility's operating record as required by OAC
				252:517-19-1(f)(6).
(C)
Changes in hazard
				potential classification.
(i) If the
				owner or operator of a CCR unit determines during a periodic hazard potential
				assessment that the CCR unit is no longer classified as either a high hazard
				potential CCR surface impoundment or a significant hazard potential CCR surface
				impoundment, then the owner or operator of the CCR unit is no longer subject to
				the requirement to prepare and maintain a written EAP beginning on the date the
				periodic hazard potential assessment documentation is placed in the facility's
				operating record as required by OAC
				252:517-19-1(f)(5).
(ii) If the owner or operator of a CCR unit
				classified as a low hazard potential CCR surface impoundment subsequently
				determines that the CCR unit is properly re-classified as either a high hazard
				potential CCR surface impoundment or a significant hazard potential CCR surface
				impoundment, then the owner or operator of the CCR unit must prepare a written
				EAP for the CCR unit as required by paragraph (a)(3)(i) of this Section within
				six months of completing such periodic hazard potential assessment.
(D)
PE certification.
The owner or operator of the CCR unit must obtain a certification from a
				qualified professional engineer stating that the written EAP, and any
				subsequent amendment of the EAP, meets the requirements of paragraph (a)(3) of
				this Section.
(E)
DEQ
				approval required.
The owner or operator of the CCR unit must submit the
				written EAP, and any subsequent amendment of the EAP, to the DEQ for
				approval.
(F)
Activation of
				the EAP.
The EAP must be implemented once events or circumstances
				involving the CCR unit that represent a safety emergency are detected,
				including conditions identified during periodic structural stability
				assessments, annual inspections, and inspections by a qualified
				person.
(4)
Slope
				protection.
The CCR unit and surrounding areas must be designed,
				constructed, operated, and maintained with vegetated slopes of dikes not to
				exceed a height of 6 inches above the slope of the dike, except for slopes
				which are protected with an alternate form(s) of slope protection.