DRAFT CONCEPT PAPER 5/6/96

Beneficial Use of Coal Ash

Coal ash approval at coal mining activity sites.

(A) Coal ash may be used for [reclamation] beneficial purposes at coal mining activity sites if the use complies with this section, The Clean Streams Law and the regulations promulgated thereunder, the Surface Mining Conservation and Reclamation Act (52 P.S. 1396.1--1396.19a), the applicable provisions of Chapters 86-90, and the coal ash certification guidelines developed under this section.

(B) The Department will develop certification guidelines that identify the acceptable physical and chemical characteristics for [specific] beneficial uses of coal ash.

(C) The Department will develop a technical guidance document to facilitate review of beneficial uses of coal ash [beneficial use requests that will take place] at coal mining activities.

(D) Request The request for use at coal mining activity sites shall be addressed in the reclamation plan of the mining activities permit and shall contain the following:

(1) A narrative description of the project, including an explanation of how coal ash will be placed, where and how coal ash will be stored prior to placement, [the quality of the coal ash,] identification of the source(s) of coal ash, and [an estimate] estimation of the volume of coal ash to be used. For the beneficial use of coal ash as a soil substitute or additive, the proposed application rate and justification for the application rate shall also be included.

(2) If the coal ash has not been certified by the Department, a [A] statement signed by the generator of the coal ash [certifying] including supporting data which demonstrates that the coal ash quality meets the chemical and physical characteristics identified in the certification guidelines for the intended use.

(3) A signed statement by the owner of the land on which the coal ash is to be placed, acknowledging and consenting to the placement of coal ash.

(E) Operating requirements The use of coal ash as part of the mining reclamation activity shall be designed to achieve an overall improvement in water quality or shall be designed to prevent the degradation of water quality. [The Department may require more stringent standards than those in this section when necessary to prevent degradation of water quality.] Coal ash may be [used under this section only at the following locations:] beneficially used for reclamation in the following situations:

(1) The pit or area from which coal is extracted under a surface coal mining permit.

(2) Abandoned coal mining areas located within the surface coal mining permit area.

(3) Coal refuse disposal sites.

(4) Other beneficial uses that are part of the approved reclamation plan of the coal mining activity.

(F) Additional Operating Requirements for the Placement of Coal Ash at Coal Surface Mining and Coal Refuse Reprocessing Sites

(1) Coal ash placed at a coal mining activity site cannot exceed the volume of coal, coal refuse, culm or silt removed from the site by the active mining operation on a cubic yard basis unless more coal ash is needed to be placed pursuant to the reclamation plan of the surface mining activity permit.

[(2) Coal ash may not be placed under this section in surface water drainage areas for high quality or exceptional value waters of this Commonwealth as designed under Chapter 93 (relating to water quality standards), except that the Department may approve placement of coal ash as part of a reclamation plan that will improve degraded surface or groundwater quality.]

[(3)](2) [Coal] Placement of coal ash [used for placement can be either mixed] can be accomplished by mixing with spoil material or [spread] by spreading in horizontal layers. The reclamation plan of the approved coal mining activities permit will address the placement of the coal ash.

[(4)](3) Groundwater monitoring at coal mining activity sites for the coal ash will be in accordance with applicable provisions of Chapters 86-90.

[(5)](4) For coal refuse pile reprocessing sites where refuse material is presently deposited in large surface piles, the piles may not be rebuilt with coal refuse ash. The placement of ash shall be accomplished in a manner which blends into the general surface configuration, and complements the surface drainage pattern of the surrounding landscape.

[(6)](5) For multiple refuse pile reprocessing projects, the Department may allow at an individual refuse pile reprocessing site more coal ash used than coal refuse removed if:

(i) A single operator will control a project involving the coordinated use of multiple coal refuse sites.

(ii) A reclamation plan is approved for each of the sites and identifies the total volume of coal refuse ash that may be placed at each site.

(iii) The total volume of coal refuse ash placed on the sites is less than the total volume of refuse, culm or silt removed from the sites. Only coal refuse ash from the integrated project can be used.

(iv) The integrated project will be designed to achieve an overall improvement of surface water or groundwater quality at each site, where acid mine drainage is evident.

[(7)](6) The coal ash will not be placed within 8 feet of the regional groundwater table unless the Department approves placement within 8 feet based upon [groundwater modeling that demonstrates] a demonstration that groundwater contamination will not occur[.] or that the Department approves this placement as part of a mine drainage abatement project.

[(8)](7) The coal ash shall meet the physical and chemical characteristics identified in the certification guidelines, for the intended use.

[(9)](8) The operator shall maintain information concerning the source(s) and the amount of coal ash used. [and the chemical analysis of the coal ash.]

(G) Additional Operating Requirements for the Beneficial Use of Coal Ash as a Soil Substitute or Soil Additive

[(1) The pH of the coal ash and the pH of the soil shall be in the range of 6.5 to 8.0 when mixed together within the top one-foot layer, unless the Department approves a lower pH based upon the species to be planted.]

[(2)](1) Coal ash shall be applied at a rate per acre that will protect public health, safety and the environment.

[(3)](2) The coal ash [will be used] that is applied will be part of the approved reclamation plan of the coal mining activity in order to increase the productivity or properties of the soil. [to which it will be applied.]

(H) Additional Operating Requirements for the Beneficial Use of Coal Ash at Coal Refuse Disposal Sites

[(1)] Placement of coal ash as part of coal refuse disposal operations which are permitted under Chapter 86-90 will be considered beneficial use if the following conditions are met:

[(a)](1) The volume of coal ash does not exceed the total volume of coal refuse to be disposed based on uncompacted volumes of materials received at the site, and only amounts necessary to meet subsection [(c)] (3) may be used.

[(b)](2) The Department may allow this coal ash percentage to be greater that 50% if the approved reclamation plan would require a greater amount of coal ash based upon the need to improve groundwater or surface water quality.

[(c)](3) The coal ash has physical or chemical characteristics which improve compaction and stability within the fill, reduce infiltration of water into coal refuse, and improve the quality of leachate generated by the coal refuse.

[(d)](4) Groundwater monitoring will be in accordance with the applicable provisions of Chapters 86-90.

[(d)](5) The coal ash will not be placed within 8 feet of the regional groundwater table, unless the Department approves placement within 8 feet based upon [groundwater modeling that demonstrates] a demonstration that groundwater contamination will not occur.

Coal ash beneficial use at abandoned coal and abandoned noncoal surface [mining] mine sites.

(A) Coal ash may be beneficially used at abandoned coal and abandoned noncoal [mining] surface mine sites provided that the reclamation work is approved by the Department and is performed pursuant to a contract or agreement with the Department.

(B) The use of the coal ash complies with this section, the Clean Streams Law and regulations promulgated thereunder.

(C) The Department will develop certification guidelines that identify the acceptable physical and chemical characteristics for [specific] beneficial uses of coal ash.

(D) The Department will develop a technical guidance document to facilitate review of beneficial uses of coal ash [beneficial use requests that will take place] at abandoned [mining activities] mine sites.

(E) Request The request for the use of coal ash at abandoned mine [activity] sites shall be addressed in the reclamation plan submitted to the Department and shall contain the following:

(1) A narrative description of the project, including an explanation of how coal ash will be placed, where and how coal ash will be stored prior to placement, [the quality of the coal ash,] identification of the source(s) of coal ash, and an [estimate] estimation of the volume of coal ash to be used. For the beneficial use of coal ash as a soil substitute or additive, the proposed application rate and justification for the application rate shall also be included.

(2) If the coal ash has not been certified by the Department, a [A] statement signed by the generator of the coal ash [certifying] including supporting data which demonstrates that the coal ash quality meets the chemical and physical characteristics identified in the certification guidelines for the intended use.

(3) A signed statement by the owner of the land on which the coal ash is to be placed, acknowledging and consenting to the placement of coal ash.

(F) Operating requirements The use of coal ash as part of the reclamation activity shall be designed to achieve an overall improvement in water quality or shall be designed to prevent the degradation of water quality. [The Department may require more stringent standards than those in this section when necessary to]

(1) The volume of coal ash to be used at any reclamation activity at an abandoned mine site will be determined by the Department. Consideration may be given to using up to the total volume needed to accomplish reclamation of the entire affected site, such that final contours resulting from the project blend with the surrounding topography, promote positive surface water runoff and protect surface and groundwater quality.

(2) The necessity for water quality monitoring will be determined by the Department where such information is needed to evaluate the success of the reclamation project.

(3) [For any project proposing to place ash into, or within 8 feet of the regional groundwater table, the person applying for for the contract must demonstrate that such activity will not result in adverse environmental harm. The demonstration must be accepted and agreed to by the Department.] The coal ash will not be placed within 8 feet of the regional groundwater table, unless the Department approves placement within 8 feet based upon a demonstration that groundwater contamination will not occur.

(4) The use of coal ash as part of the reclamation activity shall be designed to achieve an overall improvement in water quality or shall be designed to prevent the degradation of water quality[.], treat mine drainage, or function as a soil substitute or soil additive. [The Department may require more stringent standards than those in this section when necessary to achieve an overall improvement in water quality.]

(5) For use of coal ash as a soil substitute or soil additive, the [pH of the coal ash and the pH of the soil shall be in the range of 6.5 to 8.0 when mixed together within the top one-foot layer, unless the Department approves a lower pH based upon the species to be planted.] coal ash shall be applied at a rate per acre in order to increase the productivity or properties of the soil and to protect public health, safety, and the environment.