Board members present (in Harrisburg or by conference call):
Eric Carlson, Walter E. Fike, John M. Ford, Walter N. Heine,
Howard W. Laur, David Osikowicz, Brian Redmond, Mark Snyder, Fred
W. Wolf, and Susan Germanio for Representative Wozniak. DEP staff
present were: Peter T. Slack, G. Nevin Strock, and Alfred Dalberto,
Bureau of Mining and Reclamation; Joseph Pizarchik and Leigh Cohen,
Bureau of Regulatory Counsel; William Pounds, Bureau of Land Recycling
and Waste Management; Nina Huizinga, Office of Policy and Communications,
and Rodney L. Kelley, Office of Mineral Resources Management.
Also present were George Ellis and Michael Bower, Pennsylvania
CONCEPTUAL BENEFICIAL USE OF COAL ASH CHANGES
The purpose of this special meeting was to discuss and vote
on the draft conceptual regulation changes regarding beneficial
use of coal ash
A motion was made and seconded that the draft conceptual regulation
changes regarding the beneficial use of coal ash dated May 6,
1996 be approved. The motion was approved unanimously after discussion
as noted below.
There was considerable discussion about the beneficial use
of coal ash at noncoal mining activity sites. The concept paper
for beneficial use of coal ash allows coal ash to be used only
at abandoned noncoal surface mine sites. However, existing beneficial
use of coal ash regulations would allow its use as a structural
fill or soil substitute or soil additive at noncoal mining activity
sites. Some members believed that beneficial use at noncoal
mining activity mine sites should be included with the beneficial
use of coal ash at coal mining activity sites specifically in
aiding quarries to more closely achieve approximate original contours.
The reclamation plan of the noncoal mining activity site would
address the coal ash beneficial use. However, the beneficial
use of coal ash at noncoal mining activity sites would be an expansion
of the intent of the coal ash beneficial use. Previously there
was a motion to include coal ash for noncoal mining activity sites,
but it was later withdrawn.
A revised motion was made and seconded requesting the Department
to explore the possibility of beneficially using coal ash in the
context of reclamation at noncoal mining activity sites. This
motion was also approved unanimously .
The MRAB approved regulatory changes to the beneficial use
of coal ash will be included with other changes to the municipal
and residual waste management regulations that were published
as proposed rulemaking in the October 1, 1994 PA Bulletin. As
proposed final rulemaking , they will be submitted to the Environmental
Quality Board (EQB) at its September 1996 meeting. The Department
will attend The Solid Waste Advisory Committee meeting on July
11, 1996, where the proposed final rulemaking will be discussed.
If the EQB does not approve this rulemaking, these regulatory
changes including beneficial use of coal ash will have to be reproposed
as the two year time period will have expired.
As a result of the Regulatory Basics Initiative for the mining
and reclamation program many regulatory changes are being made.
Changes in the sewage sludge waste management regulations would
result in regulatory changes being made under this initiative.
The meeting adjourned at 9:55 a.m.
The next MRAB meeting will be on July 18, 1996, in Harrisburg.
The MRAB Regulation, Legislation and Technical Committee meeting
will be on