Active facility
Active facility or active electric utilities or independent power producers means any facility subject to the requirements of this subpart that is in operation on or after 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 disposal facility is in operation if it is accepting or managing CCR on or after October 19, 2015.
Source
40 CFR § 257.53
Scoping language
The following definitions apply to this subpart. Terms not defined in this section have the meaning given by RCRA.