§ 290.106. Other beneficial uses.
(a) The following uses of coal ash are deemed to be beneficial and do not require a permit from the Department under the act provided the uses are consistent with the requirements of this section:
(1) The use of coal ash in the manufacture of concrete or cement. The coal ash shall be utilized within 24 hours of its delivery to the site unless stored in accordance with Subchapter E (relating to coal ash storage).
(2) The extraction or recovery of one or more materials and compounds contained within the coal ash if the following conditions are met:
(i) Storage of coal ash before and after extraction or recovery shall be subject to Subchapter E.
(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 will be considered a beneficial use under this section if the following conditions are met:
(i) The person proposing the use has first given advance written notice to the Department.
(ii) The fly ash is not mixed with solid waste, unless otherwise approved, in writing, by the Department prior to the use.
(iii) The use of the fly ash results in a demonstrated reduction of the potential of the material to leach constituents into the environment.
(iv) If fly ash is used as structural fill, the requirements of § 290.102 (relating to use as structural fill) must be met.
(v) If fly ash is used as a soil amendment, the requirements of § 290.103 (relating to use as a soil substitute or soil additive) must be met.
(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 Subchapter E.
(6) The use of coal ash as pipe bedding, if the person 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.
(7) The use of coal ash for mine subsidence control, mine fire control and mine sealing, if the following requirements are met:
(i) The person proposing the use gives advance written notice to the Department.
(ii) If a project is funded by or through the Department, use of the coal ash shall be consistent with applicable Departmental requirements and contracts.
(iii) The coal ash shall be utilized within 24 hours of its delivery to the site unless stored in accordance with Subchapter E.
(iv) The coal ash will undergo cementitious reactions after placement.
(8) The use of coal ash as a fuel, provided it has a minimum heating value of 5,000 Btu/lb. Storage of coal ash prior to use as a fuel is subject to Subchapter E.
(b) A person beneficially using coal ash under this section shall notify the Department within 72 hours of any evidence that the material does not meet appropriate chemical standards or physical property requirements in § 290.201 (relating to coal ash certification).
(c) A person subject to the requirements of this section shall retain records of chemical and physical analyses, the quantity of coal ash utilized, the location of placement and the sources of coal ash for a minimum of 3 years after the beneficial use has ceased. The records shall be made available to the Department upon request.
Cross References This section cited in 25 Pa. Code § 290.101 (relating to general requirements for beneficial use).
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