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.