reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter C - REGISTRATION APPLICATION CONTENTS › Section 352.261 - Design Criteria Application Submission

Current through Reg. 49, No. 28; July 12, 2024
(a) In the application, the owner or operator
				  shall submit documentation demonstrating compliance with applicable design
				  criteria in Subchapter F of this chapter (relating to Design
				  Criteria).
(b) For new or laterally
				  expanding coal combustion residuals landfills and surface impoundments, the
				  owner or operator shall submit subsurface soil information. A sufficient number
				  of borings shall be performed to establish the subsurface stratigraphy and
				  determine geotechnical properties beneath the unit. The borings must be to a
				  sufficient depth to identify the uppermost aquifer and any underlying
				  hydraulically interconnected aquifers. All borings shall be conducted in
				  accordance with established field exploration methods. The subsurface soil
				  information must be prepared and certified in accordance with § 352.4 of
				  this title (relating to Engineering and Geoscientific Information) and shall be
				  included with the application. The subsurface soil information must include:
(1) a description of all borings drilled at
				  the unit location, to test soils and characterize groundwater;
(2) a unit map drawn to scale showing the
				  surveyed locations and elevations of the borings;
(3) cross-sections prepared from the borings
				  depicting the generalized strata at the unit;
(4) boring logs including a description of
				  materials encountered, including any discontinuities such as fractures,
				  fissures, slickensides, lenses, or seams;
(5) a description of the geotechnical data
				  and the geotechnical properties of the subsurface soil materials, including the
				  suitability of the soils and strata for the intended uses; and
(6) a demonstration that all geotechnical
				  tests were performed in accordance with industry practice and recognized
				  procedures.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter C - REGISTRATION APPLICATION CONTENTS › Section 352.271 - Operating Criteria Application Submission

Current through Reg. 49, No. 28; July 12, 2024
In the application, the owner or operator shall submit
					 documentation demonstrating compliance with Subchapter G of this chapter
					 (relating to Operating Criteria), including submittal of the most recent annual
					 inspection report.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter C - REGISTRATION APPLICATION CONTENTS › Section 352.281 - Groundwater Monitoring and Corrective Action Application Submission

Current through Reg. 49, No. 28; July 12, 2024
(a) In the
				  application, the owner or operator shall submit the following:
(1) a copy of the initial and most recent
				  annual groundwater monitoring and corrective action reports required by §
				  352.901 of this title (relating to Applicability);
(2) a description and details of the
				  groundwater monitoring system that demonstrate compliance with the requirements
				  of § 352.911 of this title (relating to Groundwater Monitoring Systems);
				  and
(3) a description and details
				  of the groundwater sampling and analysis program that demonstrate compliance
				  with the requirements of § 352.931 of this title (relating to Groundwater
				  Sampling and Analysis Requirements).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter C - REGISTRATION APPLICATION CONTENTS › Section 352.301 - Closure and Post-Closure Care Application Submission

Current through Reg. 49, No. 28; July 12, 2024
(a) In the application, the owner or operator
				  shall submit documentation demonstrating compliance with Subchapter J of this
				  chapter (relating to Closure and Post-Closure Care).
(b) The owner or operator must also submit
				  the post-closure care cost estimate required by § 352.1101(b) of this
				  title (relating to Financial Assurance Required).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter C - REGISTRATION APPLICATION CONTENTS › Section 352.311 - Retention of Application Data

Current through Reg. 49, No. 28; July 12, 2024
The owner or operator shall keep records, throughout the
					 term of the registration, of data used to complete the application and any
					 supplemental information or material.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter D - REGISTRATION APPLICATION PROCEDURES › Section 352.401 - Application Deficiencies

Current through Reg. 49, No. 28; July 12, 2024
The executive director will notify an applicant of any
					 additional information or application materials required to complete the
					 application by transmitting a notice of deficiency (NOD) to the applicant. The
					 NOD will specify a deadline for the NOD response up to 60 days from the
					 executive director's transmittal of the NOD.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter D - REGISTRATION APPLICATION PROCEDURES › Section 352.411 - Extensions

Current through Reg. 49, No. 28; July 12, 2024
The applicant may submit a written request for additional
					 time to respond to a notice of deficiency that sets forth the reasons why the
					 applicant cannot respond within the time provided and specifies the amount of
					 additional time requested.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter D - REGISTRATION APPLICATION PROCEDURES › Section 352.421 - Applications Returned

Current through Reg. 49, No. 28; July 12, 2024
If the executive director does not receive an adequate and
					 timely response to a notice of deficiency by the response deadline, the
					 executive director may return the incomplete application to the
					 applicant.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter D - REGISTRATION APPLICATION PROCEDURES › Section 352.431 - Public Notice of Application

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. This section applies to an application for a new coal combustion
				  residuals (CCR) registration, and an application for a major amendment of a CCR
				  registration.
(b) Public Notice.
				  Notice of receipt of application, the executive director's initial decision,
				  and an opportunity to provide public comment and request a public meeting shall
				  be made in accordance with the procedures contained in §
										39.503(c)
				  of this title (relating to Application for Industrial or Hazardous Waste
				  Facility Permit), without regard to the date of administrative
				  completeness.
(c) Text of public
				  notice. The text of the notice under this section shall include the internet
				  address required by § 352.1321 of this title (relating to Publicly
				  Accessible Website Requirements).
(d) Comment period. The public comment period
				  for an application under this section shall be a minimum of 30 days after the
				  publication of the notice in the newspaper.
(e) Public comments. The executive director
				  shall consider all public comments received before the close of the public
				  comment period.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter D - REGISTRATION APPLICATION PROCEDURES › Section 352.441 - Revised Notice of Changes to Application

Current through Reg. 49, No. 28; July 12, 2024
Revised notice is required if changes to an application
					 that would constitute a major amendment under § 352.131 of this title
					 (relating to Amendments) are made after notice of receipt of application has
					 been mailed and published.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter D - REGISTRATION APPLICATION PROCEDURES › Section 352.451 - Public Meeting

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner or
				  operator under this chapter and the commission may hold a public meeting under
				  §
										55.154
				  of this title (relating to Public Meetings) in the county in which the facility
				  is located.
(b) The commission
				  shall hold a public meeting if a public meeting is required based on the
				  criteria of:
(1)
											§
											39.503(e)
				  of this title (relating to Application for Industrial or Hazardous Waste
				  Facility Permit);
(2)
											§
											55.154(c)
				  of this title; or
(3)
											§
				  352.961(c) of this title (relating to Assessment of Corrective
				  Measures).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter D - REGISTRATION APPLICATION PROCEDURES › Section 352.461 - General Notice Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Notice under this subchapter shall comply with the requirements of:
(1)
											§
											39.405
				  of this title (relating to General Notice Provisions);
(2)
											§
											39.407
				  of this title (relating to Mailing Lists);
(3)
											§
											39.409
				  of this title (relating to Deadline for Public Comment, and for Requests for
				  Reconsideration, Contested Case Hearing, or Notice and Comment
				  Hearing);
(4)
											§
											39.411 of
				  this title (relating to Text of Public Notice);
(5)
											§
											39.413
				  of this title (relating to Mailed Notice); and
(6)
											§
											39.420
				  of this title (relating to Transmittal of the Executive Director's Response to
				  Comments and Decision).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter D - REGISTRATION APPLICATION PROCEDURES › Section 352.471 - Draft Registration

Current through Reg. 49, No. 28; July 12, 2024
Upon the executive director's preliminary determination
					 that an application for a new registration or a major amendment of a
					 registration meets the regulatory requirements for issuance, the executive
					 director shall prepare a draft registration.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter D - REGISTRATION APPLICATION PROCEDURES › Section 352.481 - Motion to Overturn the Executive Director's Decision

Current through Reg. 49, No. 28; July 12, 2024
The executive director's action on an application for a
					 new registration or an amendment of a registration under this chapter is
					 subject to §
										50.133(b)
					 and §
										50.139
					 of this title (relating to Executive Director Action on Application or WQMP
					 Update; and Motion to Overturn Executive Director's
					 Decision).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter E - LOCATION RESTRICTIONS › Section 352.601 - Placement Above the Uppermost Aquifer

Current through Reg. 49, No. 28; July 12, 2024
The commission adopts by reference 40 Code of Federal
					 Regulations §257.60 (Placement above the uppermost aquifer) as amended
					 through the April 17, 2015, issue of the
Federal Register
(80
					 FR 21301).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter E - LOCATION RESTRICTIONS › Section 352.611 - Wetlands

Current through Reg. 49, No. 28; July 12, 2024
The commission adopts by reference 40 Code of Federal
					 Regulations §257.61 (Wetlands) as amended through the April 17, 2015,
					 issue of the
Federal Register
(80 FR 21301).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter E - LOCATION RESTRICTIONS › Section 352.621 - Fault Areas

Current through Reg. 49, No. 28; July 12, 2024
The commission adopts by reference 40 Code of Federal
					 Regulations §257.62 (Fault areas) as amended through the April 17, 2015,
					 issue of the
Federal Register
(80 FR 21301).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter E - LOCATION RESTRICTIONS › Section 352.631 - Seismic Impact Zones

Current through Reg. 49, No. 28; July 12, 2024
The commission adopts by reference 40 Code of Federal
					 Regulations §257.63 (Seismic impact zones) as amended through the April
					 17, 2015, issue of the
Federal Register
(80 FR
					 21301).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter E - LOCATION RESTRICTIONS › Section 352.641 - Unstable Areas

Current through Reg. 49, No. 28; July 12, 2024
The commission adopts by reference 40 Code of Federal
					 Regulations §257.64 (Unstable areas) as amended through the April 17,
					 2015, issue of the
Federal Register
(80 FR
					 21301).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter F - DESIGN CRITERIA › Section 352.701 - Design Criteria for Coal Combustion Residuals Landfills

Current through Reg. 49, No. 28; July 12, 2024
The commission adopts by reference 40 Code of Federal
					 Regulations §257.70 (Design criteria for new CCR landfills and any lateral
					 expansion of a CCR landfill) as amended through the April 17, 2015, issue of
					 the
Federal Register
(80 FR 21301).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter F - DESIGN CRITERIA › Section 352.711 - Liner Design Criteria for Existing Coal Combustion Residuals Surface Impoundments

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner
				  or operator of an existing coal combustion residuals (CCR) surface impoundment
				  must meet the requirements of this section.
(1) The owner or operator of an existing CCR
				  surface impoundment must document whether or not such unit was constructed with
				  any one of the following:
(A) a composite
				  liner that meets the requirements of § 352.701 of this title (relating to
				  Design Criteria for Coal Combustion Residuals Landfills); or
(B) an alternative composite liner that meets
				  the requirements of § 352.701 of this title.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter F - DESIGN CRITERIA › Section 352.721 - Liner Design Criteria for New and Lateral Expansions of Coal Combustion Residuals Surface Impoundments

Current through Reg. 49, No. 28; July 12, 2024
The commission adopts by reference 40 Code of Federal
					 Regulations §257.72 (Liner design criteria for new CCR surface
					 impoundments and any lateral expansion of a CCR surface impoundment) as amended
					 through the April 17, 2015, issue of the
Federal Register
(80
					 FR 21301).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter F - DESIGN CRITERIA › Section 352.731 - Structural Integrity Criteria for Existing Coal Combustion Residuals Surface Impoundments

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter F - DESIGN CRITERIA › Section 352.741 - Structural Integrity Criteria for New and Lateral Expansions of Coal Combustion Residuals Surface Impoundments

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The commission adopts by reference 40 Code of Federal Regulations (CFR)
				  §257.74 (Structural integrity criteria for new CCR surface impoundments
				  and any lateral expansion of a CCR surface impoundment) as amended through the
				  April 17, 2015, issue of the
Federal Register
(80 FR 21301),
				  subject to the additions in this section.
(b) The owner or operator shall comply with
				  the following.
(1) Upon activation of the
				  Emergency Action Plan under
				  40
				  CFR §
												257.74(a)(3)(v),
				  verbally notify the executive director and appropriate local government
				  officials within 24 hours, and in writing within five days.
(2) Notify the executive director in writing
				  within 14 days of significant changes to the design and construction plans
				  under
				  40
				  CFR §
												257.74(c)(2).
(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 §
												257.74(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 §
												257.74(d)(2).
(5) Notify the executive director in writing
				  of intent to close a coal combustion residuals surface impoundment in
				  accordance with
				  40
				  CFR §
												257.74(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.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter G - OPERATING CRITERIA › Section 352.801 - Air Criteria

Current through Reg. 49, No. 28; July 12, 2024
The commission adopts by reference 40 Code of Federal
					 Regulations §257.80 (Air criteria) as amended through the April 17, 2015,
					 issue of the
Federal Register
(80 FR 21301).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter G - OPERATING CRITERIA › Section 352.811 - Run-On and Run-Off Controls for Coal Combustion Residuals Landfills

Current through Reg. 49, No. 28; July 12, 2024
The commission adopts by reference 40 Code of Federal
					 Regulations §257.81 (Run-on and run-off controls for CCR landfills) as
					 amended through the April 17, 2015, issue of the
Federal
					 Register
(80 FR 21301).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter G - OPERATING CRITERIA › Section 352.821 - Hydrologic and Hydraulic Capacity Requirements for Coal Combustion Residuals Surface Impoundments

Current through Reg. 49, No. 28; July 12, 2024
The commission adopts by reference 40 Code of Federal
					 Regulations §257.82 (Hydrologic and hydraulic capacity requirements for
					 CCR surface impoundments) as amended through the April 17, 2015, issue of the
Federal Register
(80 FR 21301).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter G - OPERATING CRITERIA › Section 352.831 - Inspection Requirements for Coal Combustion Residuals Surface Impoundments

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  adopts by reference 40 Code of Federal Regulations (CFR) §257.83
				  (Inspection requirements for CCR surface impoundments) as amended through the
				  July 2, 2015, issue of the
Federal Register
(80 FR 37988),
				  subject to the addition in this section.
(b) Notify the executive director verbally
				  within 24 hours and in writing within five days if a deficiency under
				  40 CFR §
											257.83(b)(5) 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 §
											257.83(b)(5).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter G - OPERATING CRITERIA › Section 352.841 - Inspection Requirements for Coal Combustion Residuals Landfills

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  adopts by reference 40 Code of Federal Regulations (CFR) §257.84
				  (Inspection requirements for CCR landfills) as amended through the July 2,
				  2015, issue of the
Federal Register
(80 FR 37988), subject to
				  the addition in this section.
(b)
				  Notify the executive director verbally within 24 hours and in writing within
				  five days if a deficiency under
				  40 CFR §
											257.84(b)(5) 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 §
											257.84(b)(5).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter G - OPERATING CRITERIA › Section 352.851 - Pre-Opening Inspection

Current through Reg. 49, No. 28; July 12, 2024
For a new or lateral expansion of a coal combustion
					 residuals (CCR) landfill or surface impoundment, the owner or operator may not
					 commence CCR disposal or waste management in the new or laterally expanded unit
					 until:
(1) the owner or operator has
				  submitted to the executive director a letter signed by the signatory and a
				  licensed professional engineer stating that the unit has been constructed or
				  expanded in compliance with the specifications of the registration;
				  and
(2) the executive director has
				  inspected the expanded or newly constructed unit and finds it in compliance
				  with the conditions of the registration. If within 15 days of submission of the
				  letter required by paragraph (1) of this section, the owner or operator has not
				  received notice from the executive director of an intent to inspect, then the
				  executive director has waived the opportunity for prior inspection, at which
				  point the owner or operator may commence CCR disposal or waste
				  management.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter H - GROUNDWATER MONITORING AND CORRECTIVE ACTION › Section 352.901 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(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).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter H - GROUNDWATER MONITORING AND CORRECTIVE ACTION › Section 352.902 - Groundwater Monitoring and Corrective Action Report Submittal

Current through Reg. 49, No. 28; July 12, 2024
The Groundwater Monitoring and Corrective Action Report
					 shall be submitted to the executive director for review no later than 30 days
					 after the report has been placed in the facility's operating
					 record.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter H - GROUNDWATER MONITORING AND CORRECTIVE ACTION › Section 352.911 - Groundwater Monitoring Systems

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The commission adopts by reference 40 Code of Federal Regulations §257.91
				  (Groundwater monitoring systems) as amended through the April 17, 2015, issue
				  of the
Federal Register
(80 FR 21301), subject to the
				  additions in this section.
(b) The
				  plan of the groundwater monitoring system shall be submitted to the executive
				  director for review and approval. The executive director may require the owner
				  or operator to install additional monitoring wells to determine compliance with
				  the requirements of this subchapter.
(c) Changes to an approved groundwater
				  monitoring system required by this section must be approved by the executive
				  director in accordance with § 352.131 of this title (relating to
				  Amendments).
(d) Installation,
				  plugging, and abandonment of wells or borings must be done in accordance with
				  16 TAC Chapter 76 (relating to Licensing and Regulation of Water Well Drillers
				  and Water Well Pump Installers).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter H - GROUNDWATER MONITORING AND CORRECTIVE ACTION › Section 352.931 - Groundwater Sampling and Analysis Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission adopts by reference 40
				  Code of Federal Regulations §257.93 (Groundwater sampling and analysis
				  requirements) as amended through the April 17, 2015, issue of the
Federal Register
(80 FR 21301), subject to the addition in
				  this section.
(b) Changes to an
				  approved groundwater sampling and analysis program required by this section
				  must be approved by the executive director in accordance with § 352.131 of
				  this title (relating to Amendments).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter H - GROUNDWATER MONITORING AND CORRECTIVE ACTION › Section 352.941 - Detection Monitoring Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The commission adopts by reference 40 Code of Federal Regulations (CFR)
				  §257.94 (Detection monitoring program) as amended through the April 17,
				  2015, issue of the
Federal Register
(80 FR 21301), subject to
				  the additions in this section.
(b)
				  After making a determination of a statistically significant increase (SSI) over
				  the background value for any Appendix III constituent adopted by reference in
				  § 352.1421 of this title (relating to Appendix III - Constituents for
				  Detection Monitoring) at any monitoring well, the owner or operator shall
				  notify the executive director, and any local pollution agency with jurisdiction
				  that has requested to be notified, in writing within 14 days of this
				  determination.
(c) After making a
				  determination of an SSI over the background value for any Appendix III
				  constituent adopted by reference in § 352.1421 of this title at any
				  monitoring well, the owner or operator may submit an alternative source
				  demonstration in accordance with
				  40 CFR §
											257.94(e)(2) to the
				  executive director for review. In making a demonstration under this section,
				  the owner or operator must:
(1) notify the
				  executive director, and any local pollution agency with jurisdiction that has
				  requested to be notified, in writing within 14 days that the owner or operator
				  intends to make an alternative source demonstration under this section;
				  and
(2) within 90 days of making a
				  determination of an SSI over the background value for any Appendix III
				  constituent adopted by reference in § 352.1421 of this title, submit a
				  report prepared and certified in accordance with § 352.4 of this title
				  (relating to Engineering and Geoscientific Information), to the executive
				  director, and any local pollution agency with jurisdiction that has requested
				  to be notified, demonstrating that a source other than a coal combustion
				  residuals unit caused the SSI or that the SSI resulted from error in sampling,
				  analysis, statistical evaluation, or natural variation in groundwater
				  quality.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter H - GROUNDWATER MONITORING AND CORRECTIVE ACTION › Section 352.951 - Assessment Monitoring Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The commission adopts by reference 40 Code of Federal Regulations (CFR)
				  §257.95 (Assessment monitoring program) as amended through the April 17,
				  2015, issue of the
Federal Register
(80 FR 21301) subject to
				  the additions in this section.
(b)
				  The owner or operator of the coal combustion residuals (CCR) unit must
				  establish a groundwater protection standard for each constituent in Appendix IV
				  adopted by reference in § 352.1431 of this title (relating to Appendix IV
				  - Constituents for Assessment Monitoring) detected in the groundwater. The
				  groundwater protection standard shall be one of the following.
(1) For constituents for which a maximum
				  contaminant level (MCL) has been established under
				  40 CFR §
												141.62 (Maximum contaminant levels for
				  inorganic contaminants) and §141.66 (Maximum contaminant levels for
				  radionuclides), the MCL for that constituent.
(2) For constituents for which an MCL has not
				  been established, the background concentration for the constituent established
				  from wells in accordance with § 352.911 of this title (relating to
				  Groundwater Monitoring Systems).
(3) For constituents for which the background
				  level is higher than the levels identified under paragraphs (1) and (2) of this
				  subsection, the background concentration.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter H - GROUNDWATER MONITORING AND CORRECTIVE ACTION › Section 352.961 - Assessment of Corrective Measures

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The commission adopts by reference 40 Code of Federal Regulations (CFR)
				  §257.96 (Assessment of corrective measures) as amended through the April
				  17, 2015, issue of the
Federal Register
(80 FR 21301), subject
				  to the changes and additions set forth in this section.
(b) Within 30 days of completing the
				  assessment of corrective measures required by this section, and before
				  implementation of the remedy, the owner or operator shall submit an amendment
				  application, on forms prescribed by the executive director, in accordance with
				  § 352.131 of this title (relating to Amendments). The owner or operator
				  shall provide any additional information as the executive director may require
				  to determine compliance with this section. The application must include, at a
				  minimum:
(1) documentation that characterizes
				  the nature and extent of the release, both vertically and horizontally, and
				  meets the applicable requirements of § 352.951 of this title (relating to
				  Assessment Monitoring Program);
(2)
				  the completed assessment of corrective measures required by this
				  section;
(3) the proposed Selection
				  of Remedy required by § 352.971 of this title (relating to Selection of
				  Remedy);
(4) a comparison of the
				  Appendix III constituents adopted by reference in § 352.1421 of this title
				  (relating to Appendix III - Constituents for Detection Monitoring) with a
				  statistically significant increase over the background value, and the
				  corresponding background value at each monitoring well;
(5) a comparison of the Appendix IV
				  constituents adopted by reference § 352.1431 of this title (relating to
				  Appendix IV - Constituents for Assessment Monitoring) and the corresponding
				  groundwater protection standard meeting the requirements of § 352.951(b)
				  of this title at each monitoring well;
(6) a proposed timeline for the submission of
				  the Corrective Action Effectiveness Report required by § 352.991 of this
				  title (relating to Corrective Action Effectiveness Report); and
(7) a signed affidavit certifying that the
				  owner or operator has complied with the applicable notification requirements of
				  § 352.951 of this title.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter H - GROUNDWATER MONITORING AND CORRECTIVE ACTION › Section 352.971 - Selection of Remedy

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  adopts by reference 40 Code of Federal Regulations §257.97 (Selection of
				  remedy) as amended through the April 17, 2015, issue of the
Federal
				  Register
(80 FR 21301), subject to the addition in this
				  section.
(b) The final remedy
				  selection shall be achieved through issuance of the registration amendment
				  required under § 352.961 of this title (relating to Assessment of
				  Corrective Measures).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter H - GROUNDWATER MONITORING AND CORRECTIVE ACTION › Section 352.981 - Implementation of the Corrective Action Program

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission adopts by reference 40
				  Code of Federal Regulations §257.98 (Implementation of the corrective
				  action program) as amended through the April 17, 2015, issue of the
Federal Register
(80 FR 21301), subject to the modifications
				  and additions in this section.
(b)
				  Prior to returning to detection monitoring or assessment monitoring, the owner
				  or operator must submit documentation that demonstrates that the requirements
				  of this section have been fulfilled, and the remedy has been achieved for the
				  impacted property. The documentation submitted must include at a minimum:
(1) all analytical data prepared and
				  presented in accordance with § 352.931 of this title (relating to
				  Groundwater Sampling and Analysis Requirements) that demonstrates achievement
				  of the remedy;
(2) a narrative
				  discussion of how the requirements of this section have been fulfilled for the
				  impacted property; and
(3) a
				  description of the volume and final disposal location, and a copy of any waste
				  manifests or other documentation of disposition, for waste or environmental
				  media which were removed from the impacted property.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter H - GROUNDWATER MONITORING AND CORRECTIVE ACTION › Section 352.991 - Corrective Action Effectiveness Report

Current through Reg. 49, No. 28; July 12, 2024
The owner or operator shall provide the following
					 information in a Corrective Action Effectiveness Report (CAER):
(1) a summary of the corrective actions taken
				  since the last reporting period;
(2) a statistical comparison of the following
				  groundwater monitoring data in accordance with § 352.931 of this title
				  (relating to Groundwater Sampling and Analysis Requirements):
(A) the groundwater protection standards;
(B) the initial exceedances of the
				  groundwater protection standards of § 352.951(b) of this title (relating
				  to Assessment Monitoring Program); and
(C) the current (i.e., at the time of CAER
				  submittal) exceedances of the groundwater protection standards of §
				  352.951(b) of this title;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter I - FINANCIAL ASSURANCE › Section 352.1111 - Exceptions

Current through Reg. 49, No. 28; July 12, 2024
Exceptions to the financial assurance requirements of
					 Chapter 37, Subchapters A - D of this title (relating to General Financial
					 Assurance Requirements; Financial Assurance Requirements for Closure, Post
					 Closure, and Corrective Action; Financial Assurance Mechanisms for Closure,
					 Post Closure, and Corrective Action; and Wording of the Mechanisms for Closure,
					 Post Closure, and Corrective Action) as specified in § 352.1101 of this
					 title (relating to Financial Assurance Required) include:
(1)
										§
										37.31 of
				  this title (relating to Submission of Documents) is not applicable;
(2) a pay-in trust as described in §
										37.201 of
				  this title (relating to Trust Fund) may not be used;
(3) the owner or operator authorized to use
				  insurance as a financial assurance mechanism must use the insurance endorsement
				  approved by the executive director rather than the certificate of insurance
				  specified by §
										37.241(c)
				  of this title (relating to Insurance);
(4) the owner or operator using a financial
				  test as described in §
										37.251
				  of this title (relating to Financial Test), or a corporate guarantee as
				  described in §
										37.261 of
				  this title (relating to Corporate Guarantee), must comply with §
										37.141
				  of this title (relating to Increase in Current Cost Estimate), except that
				  mechanism increases must be made no later than 90 days after the close of each
				  succeeding fiscal year;
(5) the
				  owner or operator using a local government financial test as described in
				  §
										37.271
				  of this title (relating to Local Government Financial Test), or a local
				  government guarantee as described in §
										37.281
				  of this title (relating to Local Government Guarantee), must comply with §
										37.141
				  of this title, except that mechanism increases must be made within 180 days
				  after the close of each succeeding fiscal year;
(6) insurance as specified in §
										37.241 of
				  this title and paragraph (3) of this section may not be used if closure of the
				  coal combustion residuals unit has been completed as specified in §
				  352.1211 of this title (relating to Closure or Retrofit of Coal Combustion
				  Residuals Units);
(7) the wording
				  of an instrument under Chapter 37, Subchapter D of this title used to satisfy a
				  financial assurance condition shall be revised to replace the term "permit
				  numbers" with the term "registration numbers."
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter J - CLOSURE AND POST-CLOSURE CARE › Section 352.1200 - General

Current through Reg. 49, No. 28; July 12, 2024
All references in this subchapter to 40 Code of Federal
					 Regulations (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).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter J - CLOSURE AND POST-CLOSURE CARE › Section 352.1201 - Inactive Coal Combustion Residuals Surface Impoundments

Current through Reg. 49, No. 28; July 12, 2024
The commission adopts by reference 40 Code of Federal
					 Regulations §257.100 (Inactive surface impoundment) as amended through the
					 August 5, 2016, issue of the
Federal Register
(81 FR
					 51802).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter J - CLOSURE AND POST-CLOSURE CARE › Section 352.1211 - Closure or Retrofit of Coal Combustion Residuals Units

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission adopts by reference 40
				  Code of Federal Regulations §257.101 (Closure or retrofit of CCR units) as
				  amended through the April 17, 2015, issue of the
Federal
				  Register
(80 FR 21301), excluding
				  40 CFR §
											257.101(a), subject to the
				  additions in this section.
(b) The
				  owner or operator of an existing unlined coal combustion residuals (CCR)
				  surface impoundment, as determined under § 352.711 of this title (relating
				  to Liner Design Criteria for Existing Coal Combustion Residuals Surface
				  Impoundments), is subject to the following requirements:
(1) No later than October 31, 2020, the owner
				  or operator of the existing unlined CCR surface impoundment must cease placing
				  CCR and non-CCR waste streams into the CCR surface impoundment and either
				  retrofit or close the CCR unit in accordance with the requirements of §
				  352.1221 of this title (relating to Criteria for Conducting the Closure or
				  Retrofit of Coal Combustion Residuals Units).
(2) An owner or operator of an existing
				  unlined CCR surface impoundment that closes in accordance with paragraph (1) of
				  this subsection must include a statement in the notification required under
				  § 352.1221 of this title that the CCR surface impoundment is closing or
				  retrofitting under the requirements of paragraph (1) of this
				  subsection.
(3) The timeframe
				  specified in paragraph (1) of this subsection does not apply if the owner or
				  operator complies with the alternative closure procedures specified in §
				  352.1231 of this title (relating to Alternative Closure
				  Requirements).
(4) At any time
				  after the initiation of closure under paragraph (1) of this subsection, the
				  owner or operator may cease closure activities and initiate a retrofit of the
				  CCR unit in accordance with the requirements of § 352.1221 of this
				  title.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter J - CLOSURE AND POST-CLOSURE CARE › Section 352.1221 - Criteria for Conducting the Closure or Retrofit of Coal Combustion Residuals Units

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  adopts by reference 40 Code of Federal Regulations §257.102 (Criteria for
				  conducting the closure or retrofit of CCR units) as amended through the August
				  5, 2016, issue of the
Federal Register
(81 FR
				  51802).
(b) Before approval of a
				  closure certification for a coal combustion residuals unit in a registration
				  may be issued by the executive director, a financial assurance mechanism other
				  than insurance and that is acceptable to the executive director and authorized
				  by Subchapter I of this chapter (relating to Financial Assurance) must be in
				  place and approved by the executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter J - CLOSURE AND POST-CLOSURE CARE › Section 352.1231 - Alternative Closure Requirements

Current through Reg. 49, No. 28; July 12, 2024
The commission adopts by reference 40 Code of Federal
					 Regulations §257.103 (Alternative closure requirements) as amended through
					 the April 17, 2015, issue of the
Federal Register
(80 FR
					 21301).