PROPOSED RULEMAKING
ENVIRONMENTAL
QUALITY BOARD
[25 PA. CODE CHS. 88 AND 90]
Coal Refuse Disposal
[30 Pa.B. 3053] The Environmental Quality Board (Board) proposes to amend Chapters 88 and 90 (relating to anthracite coal; and coal refuse disposal). The amendments address permitting and performance standards for coal refuse disposal operations.
This proposal was adopted by the Board at its meeting of April 18, 2000.
A. Effective Date
These proposed amendments will go into effect upon publication in the Pennsylvania Bulletin as final rulemaking.
B. Contact Persons
For further information contact Evan T. Shuster, Chief, Division of Permits, Bureau of Mining and Reclamation, P. O. Box 8461, Rachel Carson State Office Building, Harrisburg, PA 17105-8461, (717) 787-5103, or Joseph Pizarchik, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Persons with a disability may use the AT&T Relay Service by calling (800) 654-984 (TDD users) or (800) 654-5988 voice (users). This proposed rulemaking is available electronically through the Department of Environmental Protection's (Department) Web site (http://www.dep.state.pa.us).
C. Statutory Authority
The amendments are proposed under the authority of section 4.2 of the Surface Mining Conservation and Reclamation Act (SMCRA) (52 P. S. § 1396.4b(a)); section 3.2 of the Coal Refuse Disposal Control Act (CRDCA) (52 P. S. § 30.53b); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
D. Background and Purpose
The proposed rulemaking is necessary to update Chapters 88 and 90 to bring them into conformance with the CRDCA as amended by the act of December 7, 1994 (P. L. 808, No. 114) (Act 114). Act 114 was signed into law on December 7, 1994, and became effective on February 5, 1995.
Subsequent to Act 114 becoming law, the Department developed a supporting technical guidance document, titled ''Coal Refuse Disposal--Site Selection.'' The technical guidance document clarifies the Act 114 site selection process and outlines information needed to apply for, and receive, a stream barrier variance under section 6.1 of the CRDCA (52 P. S. § 30.56a). The technical guidance document was circulated for comment to the regulated community, Fish and Boat Commission, Game Commission, the Federal Office of Surface Mining (OSM), United States Environmental Protection Agency (EPA), United States Fish and Wildlife Service and the United States Army Corps of Engineers. On April 22, 1998, the OSM published a conditional approval of the Act 114 amendments in 63 FR No. 77 (April 22, 1998). The published approval also recognized that the Department's technical guidance document had satisfied the concerns of the United States Fish and Wildlife Service regarding compliance with section 7 of the Endangered Species Act. On May 2, 1998, the Department submitted a letter to the OSM outlining its approach to addressing the required conditions through rulemaking. The proposed amendments include those clarifications.
This proposal relates to permitting and performance standards for coal refuse disposal operations. It contains new provisions for a mandatory preapplication site selection process; criteria for design and performance of groundwater and surface water protection systems; criteria relating to the design and performance of systems that prevent precipitation from contacting coal refuse; criteria relating to stream buffer zone variances; and requirements relating to experimental practices.
Additionally, it provides the regulatory language needed to implement section 6.2 of the CRDCA (52 P. S. § 30.56b). The CRDCA postponed implementation of the section 6.2 provisions pending the promulgation of regulations governing the use of sites with preexisting pollutional discharges. This proposed language is intended to promote the use and reclamation of sites that were previously impacted by mining.
This proposal amends § 90.12 (relating to geology) to request geologic information that is needed to review a permit application for coal refuse disposal activities. The proposal adds language to § 90.13 (relating to groundwater information) regarding groundwater flow as it relates to groundwater and surface water protection, and language describing requirements relating to preventing precipitation from contacting the coal refuse during temporary cessation.
In addition to the Act 114 provisions, § 90.116a (relating to hydrologic balance: water rights and replacements) includes a cross reference to the water supply replacement provisions of the current surface mining regulations in Chapter 87 (relatiing to surface mining of coal). The proposed amendment clarifies that coal refuse disposal site operators are required to replace water supplies that are impacted by their operations.
These proposed regulatory changes were reviewed and discussed with the Mining and Reclamation Advisory Board (MRAB). The MRAB is the Department's advisory body for regulations pertaining to surface coal mining, including coal refuse disposal. A draft of the proposed rulemaking was reviewed and discussed with the MRAB's Regulation, Legislation and Technical Committee on November 17, 1999. The MRAB concurred with the proposed rulemaking at its meeting on January 6, 2000.
E. Summary of Regulatory Requirements
As indicated in Section D of this Preamble, these proposed changes are primarily the result of amendments to the CRDCA. The following summary identifies the section of the regulations proposed for change or addition along with a description of the specific change.
§ 90.1. Definitions.
A definition of ''public recreational impoundment'' is added. The proposed definition is based on section 3 of the CRDCA (52 P. S. § 30.53). Under the CRDCA, watersheds that are less than 4 square miles in area and that drain to a point on a stream coinciding with the upstream limit of a public recreational impoundment cannot be approved for coal refuse disposal unless the site proposed is a preferred site.
§ 90.5. Site selection and permitting; and § 88.281 Requirements.
The proposed sections reflect section 4.1 of the CRDCA (52 P. S. § 30.54a), which outlines a comparative analysis process for evaluating potential sites for coal refuse disposal. The CRDCA and the proposed amendments establish a two-step process for the permitting of coal refuse disposal sites. The first step is a preapplication site selection process intended to steer applicants to areas previously disturbed by mining. In the absence of previously disturbed sites, the site selection process requires an evaluation of nearby candidate sites with the goal of choosing the site that results in minimal adverse impacts. Following the Department's approval of the applicant's site selection, the applicant shall proceed to the second step which involves preparing and submitting a permit application for the selected site. The proposed § 90.5 language outlines the need to conduct the mandatory site selection step prior to applying for a permit for coal refuse disposal activities. Proposed § 88.281 of the anthracite regulations cross references the site selection requirements of Chapter 90.
§ 90.12. Geology.
Revisions are proposed to § 90.12 to solicit a more appropriate geologic description for proposed coal refuse disposal sites. The existing language in § 90.12 is borrowed from Chapter 87 and was written to gather information relating to sites where coal will be mined. The proposed language solicits information on surficial geology, soils and characteristics of joints and fractures. This information is more useful in evaluating sites that will be used for coal refuse disposal activities.
§ 90.13. Groundwater information.
Revisions are proposed to § 90.13 to reflect the requirements of section 6.1(i) of the CRDCA. Under the Act 114 amendments, all new coal refuse disposal areas must include systems to prevent adverse impacts to surface and groundwater. The effectiveness of any system designed to drain, divert, contain or otherwise control groundwater and surface water in and around coal refuse disposal piles is, in part, dependent on an understanding of a site's predisposal groundwater/surface water interactions. Proposed § 90.13 is intended to collect this information to allow a complete technical evaluation of the proposed groundwater and surface water protection system.
§ 90.34. Reclamation: postdisposal land use.
Section 90.34 contains revisions to reflect more clearly the fact that postdisposal land use consistently differs from predisposal land use. In addition, a minor grammatical change is proposed to improve § 90.34(a)(2).
§ 90.45. Prime farmland.
The proposed revision is intended to draw attention, by cross reference, to the prime farmland provision in proposed Subchapter E (relating to site selection). Coal refuse disposal is prohibited under Subchapter E on sites with prime farmland unless the site is a preferred site.
§ 90.49. Stream buffer zone variance; and § 88.281 Requirements.
The proposed language reflects section 6.1(h)(5) of the CRDCA, which gives the Department authority to grant a variance to dispose of coal refuse within 100 feet (30.48 meters) of the bank of a stream and to relocate or divert streams for the purpose of coal refuse disposal. Language is included to ensure that coal refuse disposal operations, which fall outside the scope of § 90.49, comply with the stream buffer zone provisions of § 86.102(12) (relating to areas where mining is prohibited or limited). The proposed § 90.49 requires that the variance be issued as a written order and that operators give public notice of the application for the variance. There are also provisions requiring the Department to conduct a public hearing when any person files an exception to the proposed variance.
Prior to the development of the proposed amendments, the Department had submitted the Act 114 amendments to the OSM for approval as a program amendment. Proposed § 90.49 includes a requirement that each stream variance for purposes of coal refuse disposal shall be accompanied by a demonstration that ''the activities will not cause or contribute to the violation of State or Federal water quality standards, and will not adversely affect water quality and quantity, or other environmental resources of the stream.'' This requirement differs from the precise language of section 6.1(h)(5) of the CRDCA, which requires a demonstration that ''there will be no significant adverse hydrologic or water quality impacts as a result of the variance.'' The proposed language is based on Federal program requirements communicated to the Department by the OSM in its conditional approval of the Act 114 amendments. The Department previously took action to address this matter by suspending implementation of the term ''significant'' in section 6.1(h)(5) of the CRDCA. This matter was announced at 28 Pa.B. 2544 (May 30,1998). Other changes necessary to make this requirement consistent with the Federal counterpart requirement are incorporated in proposed § 90.49(c)(1).
§ 90.50. Design criteria: Groundwater and surface water protection system; and § 88.281 Requirements.
The proposed language reflects section 6.1(i) of the CRDCA, which requires that all new coal refuse areas include systems to prevent adverse impacts to surface and groundwater and to prevent precipitation from contacting the coal refuse. The proposed § 90.50 outlines design criteria relating to these systems and requires that the applicant provide a determination of the potential mine subsidence related impacts. The phrase ''. . . prevent precipitation from coming into contact with the coal refuse'' in § 90.50(b) is based on section 6.1(i) language. This statutory requirement was intended to ensure that precipitation contacting the coal refuse is kept to a minimum thereby reducing the volume of water needing treatment after the site is closed. The system is required to be designed and installed in a manner that minimizes the amount of time coal refuse is exposed to precipitation. The object is to have the system installed incrementally as refuse disposal progresses. The final system, in conjunction with the groundwater and surface water diversion systems, will result in greatly reduced postdisposal outflows. Section 88.281 of the anthracite regulations cross references the requirements of § 90.50.
§ 90.116a. Hydrologic balance: Water rights and replacement.
The proposed language is included to formally incorporate the existing water supply replacement criteria of § 87.119 (relating to hydrologic balance: water rights and replacement) into Chapter 90. The requirement in § 87.119 applies to all surface mining activities, one of which is coal refuse disposal. It has been historically used to address water supply impacts at coal refuse sites.
§ 90.122. Coal refuse disposal; and § 88.310 Coal refuse disposal: general requirements.
The proposed revisions include performance standards based on requirements of section 6.1(i) of the CRDCA relating to systems that prevent precipitation from contacting the coal refuse and systems that prevent adverse impacts to surface and groundwater. When coupled with the proposed design criteria in § 90.50 (cross referenced in the anthracite regulations in § 88.281), the revised §§ 90.122 and 88.310 will require that coal refuse disposal areas be provided with the groundwater and surface water protection systems prescribed by section 6.1(i) of the CRDCA.
Additionally, existing § 90.122(e) and (g) is proposed to be deleted. Section 90.122(e) is unnecessary since it duplicates requirements for information that is required in greater detail under § 90.122(d) and (f). Section 90.122(g) is not needed due to the fact that new coal refuse disposal sites will be required to include design features, such as the system to protect groundwater and surface water, that will address groundwater discharges and surface water flows at proposed disposal sites.
The revision will also correct a typographical error in § 88.310(e).
§ 90.167. Cessation of operation: temporary; and § 88.332 Cessation of operations: temporary.
The proposed revisions reflect section 6.1(i) of the CRDCA which requires that the system for preventing precipitation from contacting the coal refuse be installed when the operator temporarily ceases operation of the coal refuse disposal area for a period in excess of 90 days.
Subchapter E. Site Selection (All of Subchapter E is incorporated into Chapter 88 by cross reference in § 88.281.) The proposed Subchapter E covers the site selection process required under section 4.1 of the CRDCA. The site selection process takes place prior to the time of permit application and is designed to ensure that coal refuse disposal will take place in a suitable location.
§ 90.201. Definitions.
Section 90.201 is a newly proposed section. It defines the terms that apply to the site selection process.
The proposed definition of the term ''preferred site'' is taken verbatim from section 4.1 of the CRDCA. Under the CRDCA, a preferred site is either an unreclaimed mine site or a site polluted by acid mine drainage. One of the prime functions of the Act 114 revisions to the CRDCA was to steer mine operators to preferred sites.
The proposed definition of the term ''search area'' is based on section 4.1(c) and (d) of the CRDCA. Since the source of coal refuse is normally a coal preparation facility, the definition delineates the search area based on the location of the preparation facility.
The proposed definition of the term ''selected site'' was added to clarify its meaning as used throughout Subchapter E. Due to the use of similar terms in the proposed amendments, such as ''preferred site,'' ''alternate site'' and ''approved site,'' it was necessary to provide a specific definition for the term ''selected site.''
§ 90.202. General requirements; § 90.203 Proposing a preferred site; and § 90.204 Proposing an alternate site.
Proposed §§ 90.202--90.204 are based on section 4.1 of the CRDCA. Section 90.202 outlines general provisions regarding the evaluation and comparison of preferred and alternate sites. It also addresses areas where coal refuse disposal is restricted. Section 90.203 addresses the standard of approval for preferred sites. Section 90.204 outlines the procedures that apply when an applicant proposes an alternate site. Subsection (a) covers situations where both preferred sites and alternate sites are present within the search area. Subsection (b) applies to situations where no preferred sites exist within the search area. The proposed language spells out the process for evaluation of available sites for coal refuse disposal, a process for delineating sites to be evaluated based on the search areas prescribed under sections 4.1(c) and (d) of the CRDCA, and a process for demonstrating that an alternate site is the most suitable for coal refuse disposal.
§ 90.205. Alternatives analysis.
Proposed § 90.205 describes the provisions of section 4.1(e) of the CRDCA. It clarifies that the alternatives analysis conducted under Subchapter E fulfills the alternatives analysis requirements of the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27).
§ 90.206. Disapproval of a proposed site.
The proposed language is designed to clarify that the Department's disapproval of a given site under the site selection process relates to that site and not to the entire search area or to areas beyond the search area.
§ 90.207. Approval of a selected site.
The proposed language reflects the fact that final approval for coal refuse disposal is given after review of the complete coal refuse disposal permit application, and that permit issuance is not an automatic extension of the site selection approval. The final decision regarding permit issuance is contingent upon the design of the facility meeting the requirements of Chapters 86--90.
Subchapter F. Coal Refuse Disposal Activities on Areas with Preexisting Pollutional Discharges.
(All of Subchapter F is incorporated into Chapter 88 by cross-reference at § 88.281.)§ 90.301 Scope, § 90.302 Definitions, § 90.303 Applicability, § 90.304 Application for authorization, § 90.305 Application approval or denial, § 90.306 Operational requirements, § 90.307 Treatment of discharges, § 90.308 Request for bond release, and § 90.309 Criteria and schedule for release of bonds on pollution abatement areas.
The proposed subchapter is designed to provide incentives for operators to enter, conduct coal refuse disposal activities and reclaim areas that were previously affected by coal mining activities that have pollutional discharges. The proposed language is modeled on the existing remining incentive provisions of Chapters 87 and 88. These provisions have been in effect since 1985 and have been successful in encouraging operators to enter sites with preexisting pollutional discharges. The result has been new and innovative technology for the control and treatment of mine drainage, improvement to water quality, recovery of coal reserves that would otherwise remain unmined, and reclamation of abandoned sites at operator cost instead of state cost.
At the present time, coal refuse disposal site operators who re-affect areas with existing pollutional discharges will have their bonds held by the Department unless they eliminate those discharges. As a result, operators typically develop coal refuse disposal operations on virgin sites. Section 6.2 of the CRDCA was intended to provide incentives to encourage operators to re-affect previously disturbed land by creating limited exception to the existing regulation. These exceptions provide for special permits and release of bonds at areas with preexisting pollutional discharges. The proposed amendments are expected to encourage reclamation of abandoned mine lands.
The major provision of proposed Subchapter F is a modified level of treatment required for preexisting discharges, which are not encountered during redisturbance of a site or during the implementation of the abatement program. For this class of discharges, section 6.2 of the CRDCA establishes a baseline pollution load treatment level based on ''best professional judgment'' instead of the standard treatment levels required under the existing § 90.102. An effluent limitation based on best professional judgment takes into account the quality and quantity of the preexisting discharge on a case-by-case basis; whereas the standard effluent limitations set fixed limitations for all discharges regardless of preexisting quality. The proposed amendments obligate the Department to release bonds if the abatement plan significantly improves the quality of the discharges. If the operator fails to obtain a significant improvement but, nevertheless, does not worsen the discharges, the Department is still obligated to release the bond provided the operator has taken certain steps specified by the Department that are necessary to improve water quality.
Subchapter G. Experimental Practices. (Subchapter G is incorporated into Chapter 88 by cross reference in § 88.281.) § 90.401. General.
The proposed section reflects the requirements of section 6.3 of the CRDCA (52 P. S. § 30.56c). The proposed § 90.401 is designed to encourage advances in coal refuse disposal practices and advances in technology that will enhance environmental protection. Federal regulations require substantial coordination during review of experimental practice applications between the state regulatory agency and the OSM. Therefore, Federal counterpart language relating to experimental practices is fully incorporated by cross reference in § 90.401(b) to ensure that the proposed language is consistent with the Federal requirements.
F. Benefits, Costs and Compliance
Executive Order 1996-1 requires a statement of the benefits of a proposed amendments, as well as the costs that may be imposed.
These proposed amendments should result in substantial benefits to the Commonwealth. Although costs and benefits cannot be calculated with precision, the Department has developed some estimates that provide a means of gauging the significance of these regulations. The benefits and costs are as follows:
1. The site selection provisions of the proposed amendments are designed to steer operators who are evaluating coal refuse disposal sites to areas previously disturbed by mining. The regulations minimize the total number of disposal sites. The limited number of sites serves to minimize the likelihood of citizens being exposed to the effects of coal refuse disposal. To make the use of sites with preexisting discharges more palatable to operators, Act 114 included provisions for modified discharge limits and alternative reclamation standards. Unlike the other sections of Act 114, these provisions were not self-implementing. They are contingent on this rulemaking. This rulemaking will therefore fulfill the intent of Act 114.
2. Prior to the Act 114 amendment to the CRDCA, operators were exposed to potentially unlimited liability for treatment of preexisting discharges that would remain after coal refuse disposal was complete. This potential liability has discouraged operators from reentering sites and thus limited the amount of operator reclamation.
3. The proposed Subchapter F will impose no new costs on private entities. This is because the proposed amendments simply create an option for operators to use if they so choose. If operators choose to use sites with preexisting discharges, they will bear slightly higher costs in preparing permit applications than they would incur for other permit applications. Costs will be related to the development of abatement plans, as well as implementation of the abatement plans and certification of completion of these plans. Costs will vary based on the number of discharges and the degree of pollution at the site as well as the technology needed to achieve a predicted improvement. Costs for characterization of discharge quality and quantity are estimated to be approximately $500 per discharge. The proposed amendments will be used when operators perceive that the economic benefits for disposing of coal refuse in an area previously affected by mining outweigh the additional costs required to characterize the preexisting discharges.
4. The proposed Subchapter E provisions mirror the self-implementing provisions of Act 114. The regulated industry has been complying with the requirements since Act 114 became effective in 1995. The additional up-front site characterization and alternatives analysis required by Act 114 and proposed Subchapter E can result in significant costs to the operator ($50,000--$70,000 per site).
5. Act 114 and the proposed amendments require coal refuse disposal sites to incorporate systems to prevent adverse impacts to surface and groundwater and to prevent precipitation from contacting the coal refuse. The regulated community has been following this self-implementing Act 114 provision since 1995. The proposed regulations do not add new requirements beyond the statutory requirements. The proposed amendments covering the types of systems to be installed are not prescriptive; therefore, the costs related to design and construction can vary considerably depending on the systems proposed. However, the costs of designing and installing systems at large coal refuse disposal sites may be substantial. The economic impact is partly mitigated due to the limited number of anticipated sites and the fact that the State's largest coal producers will typically develop these sites. Additionally, since the required systems will reduce groundwater and surface water recharge to the coal refuse pile, the costs will be offset by the long-term savings realized due to reduced water treatment costs.
The benefits of the proposed amendments outweigh the costs for the following reasons. First, no operator will use the Subchapter F option unless that operator is convinced that he can conduct coal refuse disposal activities on the site and obtain release of bond. Because the proposed amendments present the operator with an option, they will be used only when the operator perceives that the benefits outweigh the costs. In addition, the proposed amendments will result in a reduction of water pollution from areas that have been previously mined, will lead to additional reclamation of areas that have been previously mined, and will benefit the Commonwealth and landowners by promoting the reuse of previously disturbed areas as opposed to virgin sites. In addition, the site-selection provisions, in conjunction with surface and groundwater protection systems, will result in improved water quality and disposal of coal refuse at the most environmentally suitable site available.
Subchapter F imposes no additional paperwork because it merely creates an option for operators to disturb areas that contain preexisting pollutional discharges. If an operator exercises this option, Subchapter F does require increased background water quality information not ordinarily required in permit applications. This information is necessary to ensure accurate information about the quantity and quality of preexisting pollutional discharges from the site, so that any changes in background data caused by the proposed activities may be more completely and accurately understood. Subchapter G (relating to experimental practices) will require an applicant to submit a substantial amount of additional paperwork. The additional paperwork will only apply to sites where an operator chooses to propose experimental practices.
G. Sunset Review
These regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on May 31, 2000, the Department submitted a copy of the proposed rulemaking to the Independent Regulatory Review Commission (IRRC), and the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed amendments, it will notify the Department within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria that have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review by the Department, the Governor and the General Assembly before final publication of the final-form regulations.
I. Public Comments
Written Comments--Interested persons are invited to submit comments, suggestions or objections regarding the proposed amendments to the Environmental Quality Board, P. O. Box 8477, Harrisburg, 17105-8477 (express mail: Rachel Carson State Office Building, 15th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by August 16, 2000 (within 60 days of publication in the Pennsylvania Bulletin). Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by August 16, 2000. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final regulation will be considered.
Electronic Comments--Comments may be submitted electronically to the Board at RegComments@dep. state.pa.us and must also be received by the Board by August 16, 2000. A subject heading of the proposal and a return name and address must be included in each transmission. If an acknowledgement of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
J. Public Hearings
The Board will hold two public hearings for the purpose of accepting comments on this proposal. They will be held at 7 p.m. on the following dates:
July 19, 2000 Quality Hotel 100 South Centre Street Pottsville, Pa. July 28, 2000 Days Inn 127 West Byers Avenue I-70 & Turnpike Exit 8 New Stanton, Pa. Persons wishing to present testimony at a hearing are requested to contact Joan Martin at the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-4526, at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony is limited to 10 minutes for each witness. Witnesses are requested to submit three written copies of their oral testimony to the hearing chairperson at the meeting. Organizations are limited to designating one witness to present testimony on their behalf at each hearing.
Persons in need of accommodations as provided for in the American With Disabilities Act of 1990 should contact Joan Martin directly at (717) 787-4526 or through the Pennsylvania AT&T Relay Service at (800) 654-598 (TDD) to discuss how the Department may accommodate their needs.
JAMES M. SEIF,
ChairpersonFiscal Note: 7-352. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
CHAPTER 88. ANTHRACITE COAL
Subchapter D. ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS § 88.281. Requirements.
A person who conducts coal refuse disposal activities shall comply with the performance standards and design requirements of this subchapter, §§ 90.5, 90.49, 90.50 and Subchapters E--G of Chapter 90.
* * * * * § 88.310. Coal refuse disposal: general requirements.
* * * * * (e) The coal refuse to be placed in [full] the fill shall be hauled or conveyed and placed in horizontal lifts in a controlled manner, concurrently compacted as necessary to ensure mass stability and prevent mass movement, covered and graded to allow surface and subsurface drainage to be compatible with the natural surroundings, and ensure a long-term static safety factor of 1.5 and seismic safety factor of 1.2.
* * * * * (j) The system to prevent adverse impacts to the surface water and groundwater shall be constructed in accordance with design schematics, test results, descriptions, plans, maps, profiles or cross-sections approved in the permit and shall function to prevent adverse impacts to surface water and groundwater.
(k) The system to prevent precipitation from coming in contact, with the coal refuse shall be constructed in accordance with design schematics, descriptions, plans, maps, profiles and cross-sections approved in the permit and shall function to prevent precipitation from contacting the coal refuse. The system shall be installed as phases of the disposal area reach capacity, as specified in the permit, when the operation temporarily ceases for more than 90 days (unless the Department approves a longer period, not to exceed 1 year) or when the operation permanently ceases. The system shall be designed to allow for revegetation of the site in accordance with the standard of success under § 88.330 (relating to revegetation: standards for successful revegetation) and for prevention of erosion.
§ 88.332. Cessation of operations: temporary.
(a) As soon as it is known that the operation will temporarily cease for more than 30 days, the operator shall submit a notice of intention, in writing, to temporarily cease the operation. The notice shall include a statement of the exact number of acres which will have been affected in the permit area, the extent and kind of reclamation of those areas, and identification of the backfilling, regrading, revegetation, monitoring and water treatment activities that will continue during the temporary cessation. The system for preventing precipitation from contacting the coal refuse shall be installed when the temporary cessation exceeds 90 days. The Department may approve a longer period, not to exceed 1 year, under subsection (b).
* * * * *
CHAPTER 90. COAL REFUSE DISPOSAL
Subchapter A. GENERAL PERMIT AND APPLICATION REQUIREMENTS FOR COAL REFUSE DISPOSAL § 90.1. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Public recreational impoundment--A closed basin, naturally formed or artificially built, which is dammed or excavated for the retention of water and which is owned, rented or leased by the Federal government, the Commonwealth or a political subdivision of this Commonwealth and which is used for swimming, boating, water skiing, hunting, fishing, skating or other similar activities.
* * * * * § 90.5. Site selection and permitting.
(a) Prior to applying for a permit to conduct coal refuse disposal activities, the applicant shall comply with Subchapter E (relating to site selection).
(b) After the Department has approved a site in accordance with Subchapter E, the applicant may apply for a permit for coal refuse disposal activities in accordance with Chapters 86 and 88 (relating to surface and underground coal mining: general; and anthracite coal) and this chapter.
Subchapter B. MINIMUM ENVIRONNEMTAL RESOURCES INFORMATION REQUIRED IN PERMIT APPLICATIONS FOR COAL REFUSE DISPOSAL § 90.12. Geology.
[(a)] The application shall include a description of the areal and structural geology within the proposed permit and adjacent area, including the lithology of the strata that influence the occurrence, availability, movement and quality of groundwater that may be affected by the coal refuse disposal[,]. [including the following:
(1)] For lands within the proposed permit and adjacent areas, the applicant shall provide a description of the geology with complementing maps and cross sections and the results of test borings[. and coal samplings. The description shall include the stratum immediately beneath the coal seam to be mined and all overlying strata, or, where an aquifer or existing deep mine below the lowest coal to be mined may be affected, the aquifer or existing deep mine and all overlying strata for mines underlain by existing deep mines and greater than 200 feet below surface drainage throughout the proposed mine, the description need only include the strata down to and including the stratum immediately below the coal seam to be mined]. The description shall include the strata down to and including any aquifer that may be affected. At a minimum, the description shall include:
[(i)] (1) * * *
[(ii)] (2) Depth, lithology and structure [of overburden or underlying strata] of near-surface bedrock.
[(iii)] (3) * * *
[(2) For any portion of a permit area in which the strata will be removed, test borings or core samples shall be collected down to and including the stratum immediately below the lowest coal seam to be mined or stratum to be removed and analyzed to provide the following data:
(i) Logs of drill holes that show the lithologic characteristics, including physical characteristics and thickness of each stratum, and location and quality of groundwater.
(ii) Chemical analyses of each stratum with the overburden and the stratum immediately below the coal seam to be mined to identify those strata that contain acid-forming, toxic-forming or alkalinity-producing materials.
(iii) Chemical analyses for acid-forming and toxic-forming substances of the coal seam, including the total sulfur content.
(b) An application may request that the requirements for a statement of the results of the test borings or core samplings, as required under subsection (a)(2), may be waived in part or in its entirety by the Department.]
(4) A description of glacial, alluvial or colluvial deposits or other unconsolidated deposits that are present within or beneath the proposed permit area, including their thickness and location.
(5) A description of mine workings that are present beneath the proposed permit area.
(6) The attitude and characteristics of joints, cleats, fracture zones and faults within the permit and adjacent areas.
(7) The location and identification of coal seam croplines within the permit area.
(8) A description of the physical characteristics of soils within the permit area.
(9) A description of aquifers that are present beneath the proposed permit area.
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