[27 Pa.B. 521]
[Continued from previous Web Page]
COMPLIANCE § 287.651. Investigations and corrective action.
(a) Upon notification by a person beneficially using or processing residual waste under a general permit that there has been a change in the physical or chemical properties of the residual waste being beneficially used or processed, including leachability, the Department will conduct an investigation and order necessary corrective action. Notice to the Department under this section does not, by itself, suspend continued beneficial use or processing after a change has occurred.
(b) Upon receipt of a signed, written complaint of a person whose health, safety or welfare may be adversely affected by a physical or chemical change in the properties of the residual waste to be beneficially used or processed under a general permit, including leachability, the Department will determine the validity of the complaint and take appropriate action.
§ 287.652. Compliance with permit conditions, regulations and laws.
A person or municipality that beneficially uses or processes residual waste under a general permit shall comply with the terms and conditions of the general permit, with this article and with the environmental protection acts to the same extent as if the activity were covered by an individual permit.
BENEFICIAL USE OF COAL ASH § 287.662. Use of coal ash as a soil substitute or soil additive.
(a) Coal ash may be beneficially used as a soil substitute or soil additive without a permit from the Department under the act if the person or municipality proposing the use complies with this section.
(b) At least 60 days before using coal ash as a soil substitute or soil additive, the person or municipality proposing the use shall submit a written notice to the Department. The notice shall contain, at a minimum:
(1) A description of the nature, purpose and location of the project, including a topographic map showing the project area and available soils maps of the project area. The description shall include an explanation of how coal ash will be stored prior to use, how the soil will be prepared for the application of coal ash, how coal ash will be spread and, when necessary, how coal ash will be incorporated into the soil.
(2) The estimated beginning and ending dates for the project.
(3) An estimate of the volume of coal ash to be used for the project, the proposed application rate and a justification for the proposed application rate.
(4) A chemical and leaching analysis for the coal ash to be used in the project. If the coal ash was generated at a facility for which the Department has previously approved a chemical and leaching analysis, the person or municipality may submit a copy of the analysis that was approved.
(5) A chemical analysis of the soil on which the coal ash is proposed to be placed.
(6) An analysis showing how the application of coal ash will be beneficial to the productivity or properties of the soil to which it is proposed to be applied. The analysis shall be prepared and signed by an expert in soils science.
(7) A signed statement by the owner of the land on which the coal ash is to be placed, acknowledging and consenting to the use of coal ash as a soil substitute or soil additive.
(c) After receiving the information required by subsection (b), the Department may inform the person or municipality that provided the information whether the proposed use of coal ash as a soil substitute or soil additive is consistent with this section.
(d) Coal ash used as a soil substitute or soil additive may not be considered a beneficial use unless the following requirements are met:
(1) The person or municipality has provided to the Department the information required by subsection (b) at least 60 days before using coal ash as a soil substitute or soil additive.
(2) 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 in the manner required by the project, as shown by field and laboratory testing. Lime addition may be used to raise pH.
(3) Surface runoff from the project area shall be controlled during the project. Collection of surface runoff shall be controlled in accordance with The Clean Streams Law and the regulations promulgated thereunder.
(4) Diversion ditches, terraces and other runoff control structures shall be utilized to control erosion on the disturbed area of the project.
(5) The person or municipality conducting the activity shall have a Department-approved erosion and sedimentation control plan under Chapter 102 (relating to erosion control).
(6) Coal ash may not be placed within 4 feet of the seasonal high water table.
(7) Coal ash may not be placed within 8 feet of the regional groundwater table.
(8) Coal ash may not be used in a way that causes water pollution.
(9) Coal ash shall be incorporated into the soil within 48 hours of application, unless otherwise approved by the Department. The coal ash shall be incorporated into the top 1-foot layer of surface soil. If 1 foot of surface soil is not present, coal ash may be combined with the surface soil that is present until the layer of combined surface soil and coal ash is 1 foot. The coal ash required for the beneficial use is limited to the amount necessary to enhance soil properties or plant growth.
(10) Coal ash shall be applied at a rate per acre that will protect public health, public safety and the environment.
(11) Coal ash may not be applied to soil being used for agriculture where the soil pH is less than 5.5.
(12) Coal ash may not be applied if resultant chemicals or physical soil conditions would be detrimental to biota.
(f) Coal ash may not be used as a soil substitute or soil additive:
(1) Within 100 feet of an intermittent or perennial stream, or a wetland other than an exceptional value wetland.
(2) Within 300 feet of a groundwater source.
(3) Within 500 feet upgradient of a surface drinking water source.
(4) Within 100 feet of a sinkhole or area draining into a sinkhole.
(5) Within 300 feet measured horizontally from an occupied dwelling, unless the current owner thereof has provided a written waiver consenting to the activities closer than 300 feet. The waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the current owner.
(6) In or within 300 feet of an exceptional value wetland.
§ 287.663. Beneficial use of coal ash at coal mining activity sites as coal mining activities are defined in § 86.1.
(a) Coal ash approval at coal mining activity sites. Coal ash approval at coal mining activity sites shall, at a minimum, be based on the following:
(1) Coal ash may be used for beneficial use 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 Coal Refuse Disposal Control Act (52 P. S. §§ 30.51--30.66), the applicable provisions of Chapters 86--90, the Coal Ash Certification Guidelines (Certificate Guidelines) developed under this section and other applicable environmental statutes and regulations promulgated thereunder.
(2) The Department will develop Certification Guidelines that identify the acceptable physical and chemical characteristics of coal ash for beneficial uses. A generator of coal ash shall demonstrate that the coal ash quality meets the chemical and physical characteristics identified in the Certification Guidelines for the intended uses. The demonstration shall be reviewed and approved by the Department prior to a beneficial use.
(3) The Department will develop a technical guidance document to facilitate review of beneficial uses of coal ash at coal mining activities.
(b) 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 and shall be reviewed and approved by the Department:
(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, identification of the sources of coal ash and an estimate of the cubic yards 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 under subsection (a)(2) by the Department, a statement signed by the generator of the coal ash 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. If the coal ash has been certified in accordance with subsection (a)(2), information that identifies the generator and the certification number.
(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.
(c) 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. Coal ash may be 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.
(d) Additional operating requirements for the placement of coal ash at coal surface mining and coal refuse reprocessing sites. The following applies to placement of coal ash at coal surface mining and coal refuse reprocessing sites:
(1) Coal ash placed at a coal mining activity site may not 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 complete the reclamation plan of the surface mining activity permit.
(2) Placement of coal ash can be accomplished by mixing with spoil material or by spreading in horizontal layers. The reclamation plan of the approved permit shall address the placement of the coal ash.
(3) Groundwater monitoring at coal mining activity sites for the coal ash shall be in accordance with applicable provisions of Chapters 86--90.
(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 ash. The placement of coal ash shall be accomplished in a manner which blends into the general surface configuration, and complements the surface drainage pattern of the surrounding landscape.
(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 cubic yards of coal ash that may be placed at each site.
(iii) The total cubic yards of coal ash placed on the sites is less than the total cubic yards of refuse, culm or silt removed from the sites. Only coal ash from the integrated project can be used.
(iv) The integrated project shall be designed to achieve an overall improvement of surface water or groundwater quality at each site, where acid mine drainage is evident. For instances in which there is no acid mine drainage, the project will be so designed to achieve no degradation of the surface or groundwater quality.
(v) The integrated project shall be accomplished in a manner which blends into the general surface configuration and complements the surface drainage pattern of the surrounding landscape.
(6) The coal ash may 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 or that the Department approves this placement as part of a mine drainage abatement project.
(7) The coal ash shall meet the physical and chemical characteristics identified in the Certification Guidelines for the intended use.
(8) The operator shall maintain information concerning the sources and the cubic yards of coal ash used.
(e) Additional operating requirements for the beneficial use of coal ash as a soil substitute or soil additive. The following apply to the beneficial use of coal ash as a soil substitute or soil additive:
(1) Coal ash shall be applied at a rate per acre that will protect public health, safety and the environment.
(2) The coal ash 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.
(f) Additional operating requirements for the beneficial use of coal ash at coal refuse disposal sites. The following apply to 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 Chapters 86--90 shall be considered beneficial use if the following conditions are met:
(i) The cubic yards of coal ash does not exceed the total cubic yards of coal refuse to be disposed based on uncompacted volumes of materials received at the site, and only amounts necessary to meet subparagraph (iii) may be used.
(ii) The Department may allow cubic yards of coal ash to exceed the cubic yards of coal refuse to be disposed if the approved reclamation plan would require the additional cubic yards of coal ash to improve the quality of leachate generated by the coal refuse.
(iii) The coal ash has physical and chemical characteristics which:
(A) Improve compaction and stability within the fill.
(B) Reduce infiltration of water into coal refuse.
(C) Improve the quality of leachate generated by the coal refuse.
(iv) Groundwater monitoring shall be in accordance with the applicable provisions of Chapters 86--90.
(v) The coal ash may 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.
§ 287.664. Coal ash beneficial use at abandoned coal and abandoned noncoal surface mine sites.
(a) Approval by Department. Coal ash may be beneficially used at abandoned coal and abandoned noncoal surface mine sites if the reclamation work is approved by the Department or is performed under a contract with the Department. Coal ash approval shall, at a minimum, be based on the following:
(1) Beneficial use of the coal ash shall comply with this section, and the applicable environmental statutes and regulations promulgated thereunder.
(2) The Department will develop Coal Ash Certification Guidelines (Certification Guidelines) that identify the acceptable physical and chemical characteristics for beneficial uses of coal ash. A generator of coal ash shall demonstrate that the coal ash quality meets the chemical and physical characteristics identified in the Certification Guidelines for the intended uses. The demonstration shall be reviewed and approved by the Department prior to a beneficial use.
(3) The Department will develop a technical guidance document to facilitate review of beneficial uses of coal ash at abandoned mine sites.
(b) Request. The request for the use of coal ash at abandoned mine 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, identification of the sources of coal ash and an estimate of the cubic yards 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 under subsection (a)(2) by the Department, a statement signed by the generator of the coal ash 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. If the coal ash has been certified in accordance with subsection (a)(2) information that identifies the generator and the certification number.
(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.
(c) 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 or be designed to treat mine drainage or function as a soil substitute or soil additive.
(1) The cubic yards 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, so that the 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 the information is needed to evaluate the success of the reclamation project.
(3) 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) For use of coal ash as a soil substitute or soil additive, the coal ash shall be applied at the rate per acre in order to increase the productivity or properties of the soil and to protect public health, safety and the environment.
§ 287.665. Other beneficial uses of coal ash.
(a) This section sets forth beneficial uses of coal ash other than use as a structural fill, soil substitute or soil additive.
(b) The following uses of coal ash are deemed to be beneficial and do not require a permit from the Department under the act as long as the uses are consistent with the requirements of this section:
(1) The use of coal ash in the manufacture of concrete.
(2) The extraction or recovery of one or more materials and compounds contained within the coal ash.
(i) Storage of coal ash before and after extraction or recovery shall be subject to Chapter 299 (relating to storage and transportation of residual waste).
(ii) Disposal of the unrecovered fraction of coal ash shall be subject to the applicable requirements for residual waste.
(3) The use of fly ash as a stabilized product. Other uses of fly ash in which physical or chemical characteristics are altered prior to use or during placement shall be considered a beneficial use under this section if the following are met:
(i) The person or municipality proposing the use has first given advance written notice to the Department.
(ii) The coal ash is not mixed with solid waste, unless otherwise approved in writing by the Department prior to the use.
(iii) The use of the coal ash results in a demonstrated reduction of the potential of the coal ash to leach constituents into the environment.
(4) The use of bottom ash or boiler slag as an antiskid material or road surface preparation material, if the use is consistent with Department of Transportation specifications or other applicable specifications. The use of fly ash as an antiskid material or road surface preparation material is not deemed to be a beneficial use.
(5) The use of coal ash as raw material for a product with commercial value, including the use of bottom ash in construction aggregate. Storage of coal ash prior to processing is subject to § 299.153 (relating to storage and containment of coal ash).
(6) The use of coal ash for mine subsidence control, mine fire control and mine sealing, if the following requirements are met:
(i) The person or municipality proposing the use gives advance written notice to the Department.
(ii) The pH of the coal ash is in a range that will not cause or allow the ash to contribute to water pollution.
(iii) Use of the coal ash in projects funded by or through the Department is consistent with applicable Departmental requirements and contracts.
(7) The use of coal ash as a drainage material or pipe bedding, if the person or municipality proposing the use has first given advance written notice to the Department, and has provided to the Department an evaluation of the pH of the coal ash and a chemical analysis of the coal ash that meets the requirements of § 287.132 (relating to chemical analysis of waste).
[Pa.B. Doc. No. 97-141. Filed for public inspection January 24, 1997, 9:00 a.m.]
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