Subchapter B. BENEFICIAL USE OF COAL ASH
Sec.
290.101. General requirements for beneficial use.
290.102. Use as structural fill.
290.103. Use as a soil substitute or soil additive.
290.104. Beneficial use at coal mining activity sites.
290.105. Beneficial use at abandoned mine lands.
290.106. Other beneficial uses.
290.107. Requests for information.§ 290.101. General requirements for beneficial use.
(a) Coal ash may be beneficially used without a permit from the Department under the act if the person proposing the use complies with this chapter.
(b) Chemical analysis must demonstrate that the coal ash does not exceed any of the maximum acceptable leachate levels in § 290.201(a) (relating to coal ash certification) when coal ash is proposed to be used under § § 290.102—290.105 or § 290.106(a)(3) or (7). The minimum sampling and analysis procedures must satisfy the requirements in § 290.201(b) and (d).
(c) The coal ash must satisfy the physical characteristics for the intended use in § 290.201(a).
(d) A water quality monitoring plan in accordance with § 290.301 (relating to water quality monitoring) and, if applicable, Chapters 86—90 shall be developed and implemented if either more than 10,000 tons of coal ash per acre or more than 100,000 tons of coal ash in total will be used as structural fill, at a coal mining activity site, or at an abandoned mine land site. Contiguous projects will be considered a single project for purposes of this section. The Department may require a water quality monitoring plan for projects involving lesser quantities of coal ash or for other beneficial uses of coal ash where site conditions warrant.
(e) Coal ash may not be placed within 8 feet of the water table, except where coal ash is used for mine subsidence control, mine fire control or mine sealing under § 290.106(a)(7) (relating to other beneficial uses).
(f) Coal ash may not be used in a way that causes water pollution.
Cross References This section cited in 25 Pa. Code § 290.105 (relating to beneficial use at abandoned mine lands); and 25 Pa. Code § 290.301 (relating to water quality monitoring).
§ 290.102. Use as structural fill.
(a) At least 60 days before using coal ash as structural fill, the person proposing the use shall submit a written proposal to the Department. The written proposal must contain, at a minimum, the following information:
(1) A description of the nature, purpose and location of the project, including a topographic map showing the project and available soils maps of the area of the project.
(2) The estimated beginning and ending dates for the project.
(3) Construction plans for the structural fill, including a stability analysis when necessary, which shall be prepared by a licensed professional engineer in accordance with sound engineering practices and which shall be signed and sealed by the engineer.
(4) An estimate of the volume of coal ash to be used for the project.
(5) A total chemical and leaching analysis under § 290.201(a)(1) and (2) (relating to coal ash certification) 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 and the analysis is not older than 1 year, the person may submit a copy of the analysis that was approved.
(6) A signed statement by the owner of the land on which the structural fill is to be placed, acknowledging and consenting to the beneficial use of coal ash as structural fill.
(7) The statement by the landowner in paragraph (6) shall be a recordable document for any project, or set of contiguous projects involving placement of more than 10,000 tons of coal ash per acre or more than 100,000 tons of coal ash in total per project. Prior to beneficial use of more than 10,000 tons of coal ash per acre or more than 100,000 tons of coal ash in total per project under this section, the statement by the landowner shall be recorded at the office of the recorder of deeds in the county in which the proposed coal ash beneficial use will take place.
(b) A person proposing to use coal ash as structural fill where more than 10,000 tons of coal ash per acre will be used on a project or more than 100,000 tons of coal ash in total will be used at a project shall place, at the time of filing a written proposal with the Department, a public notice in a local newspaper of general circulation in the locality of the proposed coal ash beneficial use activities at least once a week for 3 consecutive weeks. Contiguous projects will be considered a single project for purposes of this section. A copy of the public notice shall be provided to the local municipality and proof of public notice shall be submitted to the Department. At a minimum, the public notice must contain the following information:
(1) The name and business address of the person proposing to beneficially use coal ash.
(2) A brief description of the location and scope of the proposed beneficial use.
(3) The location of the Department office where a copy of the written proposal submitted to the Department is available for public inspection.
(c) The Department may require public notice for projects involving less than 10,000 tons of coal ash per acre or less than 100,000 tons of coal ash in total if the Department determines that the proposed beneficial use activities are of significant interest to the public or site conditions warrant.
(d) The Department will publish a summary of each written proposal in the Pennsylvania Bulletin.
(e) After receiving the information required under subsection (a), the Department will inform, in writing, the person that provided the information whether the proposed use of coal ash as structural fill is consistent with this section.
(f) For coal ash being beneficially used as a structural fill, the following additional requirements must be satisfied:
(1) The pH of the coal ash as placed must be 7.0 or above, unless otherwise approved by the Department. Lime may be added to raise pH. The pH of the coal ash may not be above 9.0 during placement and storage at the site of placement unless public access is restricted.
(2) The slope of a structural fill may not be greater than 2.5 horizontal to 1.0 vertical. The Department may approve a greater slope based on a demonstration of structural stability.
(3) Coal ash shall be spread uniformly and compacted in layers not exceeding 2 feet in thickness. The coal ash shall be spread and compacted within 24 hours of its delivery to the site unless stored in accordance with Subchapter E (relating to coal ash storage).
(4) Surface runoff from the fill area shall be minimized during filling and construction activity. Stormwater shall be managed in accordance with The Clean Streams Law (35 P. S. § § 691.1—691.1001) and the regulations promulgated thereunder.
(5) Surface water shall be diverted away from the disturbed area during filling and construction activity.
(6) Coal ash shall be covered with 12 inches of soil, unless infiltration is prevented by other cover material.
(7) Coal ash must achieve a minimum compaction of 90% of the maximum dry density as determined by the Modified Proctor Test, or 95% of the maximum dry density as determined by the Standard Proctor Test.
(8) The offsite dispersion of dust from coal ash and other materials shall be minimized.
(g) Coal ash used as structural fill may not be located:
(1) Within 100 feet of an intermittent or perennial stream or within 300 feet of exceptional value or high quality waters as defined in § 93.1 (relating to definitions), unless the structural fill is otherwise protected by a properly engineered diversion or structure that is permitted by the Department under the Dam Safety and Encroachments Act (32 P. S. § § 693.1—693.27).
(2) Within 300 feet of a water supply unless the person obtains, in a form acceptable to the Department, a written waiver from the owner of the water supply, allowing for another distance.
(3) Within 25 feet of a bedrock outcrop, unless the outcrop is properly treated to minimize infiltration into fractured zones or otherwise approved by the Department.
(4) Within 100 feet of a sinkhole or area draining into a sinkhole.
(5) Within a 100-year floodplain of a water of this Commonwealth, unless a properly engineered dike, levee or other structure that can protect the structural fill from a 100-year flood is permitted by the Department in a manner that is consistent with the Flood Plain Management Act (32 P. S. § § 679.101—679.601), the Storm Water Management Act (32 P. S. § § 680.1—680.17) and the Dam Safety and Encroachments Act.
(6) In or within 100 feet of a wetland, other than an exceptional value wetland.
(7) In or within 300 feet of an exceptional value wetland.
(h) A person that proposed more than 10,000 tons of coal ash per acre or more than 100,000 tons of coal ash in total at any project or contiguous projects shall submit to the Department prior to January 31 an annual report for the previous calendar year that includes contact information, the location of the site where the coal ash was utilized, the identity of each source of coal ash, and the volume in cubic yards and the weight in dry tons for each source.
(i) 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 the chemical standards or physical property requirements in § 290.201.
Cross References This section cited in 25 Pa. Code § 290.101 (relating to general requirements for beneficial use); and 25 Pa. Code § 290.106 (relating to other beneficial uses).
§ 290.103. Use as a soil substitute or soil additive.
(a) At least 60 days before using coal ash as a soil substitute or soil additive, the person proposing the use shall submit a written proposal to the Department. The written proposal must contain, at a minimum, the following information:
(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 must 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 total chemical and leaching analysis and pH under § 290.201(a)(1) and (2) (relating to coal ash certification) 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 and the analysis is not older than 1 year, the person may submit a copy of the analysis that was approved.
(5) A chemical analysis for constituents listed in subsection (e) 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 soil 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.
(b) After receiving the information required by subsection (a), the Department will inform, in writing, the person that provided the information whether the proposed use of coal ash as a soil substitute or soil additive is consistent with this section.
(c) 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 pH of the coal ash and the pH of the soil must 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 may be added to raise pH.
(2) Chemical analysis demonstrates the coal ash satisfies the minimum calcium carbonate equivalency requirement in § 290.201(a).
(3) Surface runoff from the project area shall be controlled during the project. Stormwater shall be managed in accordance with The Clean Streams Law (35 P. S. § § 691.1—691.1001) and the regulations promulgated thereunder.
(4) 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.
(5) Coal ash shall be applied at a rate per acre that will protect public health, public safety and the environment.
(6) Coal ash may not be applied to soil being used for agriculture where the soil pH is less than 5.5.
(7) Coal ash may not be applied if resultant chemical or physical soil conditions would be detrimental to biota.
(8) The offsite dispersion of dust from coal ash and other materials shall be minimized.
(d) Coal ash may not be used as a soil substitute or soil additive:
(1) Within 100 feet of an intermittent or perennial stream, other than exceptional value or high quality waters as defined in § 93.1 (relating to definitions), or a wetland other than an exceptional value wetland.
(2) In or within 300 feet of an exceptional value wetland, or of exceptional value or high quality waters as defined in § 93.1.
(3) Within 300 feet of a water supply unless the person obtains, in a form acceptable to the Department, a written waiver from the owner of the water supply, allowing for another distance.
(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 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.
(e) Coal ash may not be used as a soil substitute or soil amendment in amounts that exceed the following maximum cumulative loading rates:
Constituent Cumulative Loading Rate arsenic 36 lbs/acre (41 kg/hectare) boron 60 lbs/acre (67.2 kg/hectare) cadmium 34 lbs/acre (38 kg/hectare) chromium 2,672 lbs/acre (3,104 kg/hectare) copper 1,320 lbs/acre (1,490 kg/hectare) lead 264 lbs/acre (296 kg/hectare) mercury 15 lbs/acre (17 kg/hectare) molybdenum 16 lbs/acre (18 kg/hectare) nickel 370 lbs/acre (420 kg/hectare) selenium 88 lbs/acre (99 kg/hectare) zinc 2,464 lbs/acre (2,780 kg/hectare) (f) 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.
(g) 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 the chemical standards or physical property requirements in § 290.201.
Cross References This section cited in 25 Pa. Code § 290.101 (relating to general requirements for beneficial use); 25 Pa. Code § 290.104 (relating to beneficial use at coal mining activity sites); 25 Pa. Code § 290.105 (relating to beneficial use at abandoned mine lands); and 25 Pa. Code § 290.106 (relating to other beneficial uses).
§ 290.104. Beneficial use at coal mining activity sites.
(a) Coal ash approval at coal mining activity sites. Approval for the beneficial use of coal ash at coal mining activity sites as defined in § 86.1 (relating to definitions) will, at a minimum, be based on the following:
(1) Compliance with this section, The Clean Streams Law (35 P. S. § § 691.1—691.1001) 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 (relating to surface and underground coal mining: general, surface mining of coal, anthracite coal, underground mining of coal and coal preparation facilities, and coal refuse disposal), and other applicable environmental statutes and regulations promulgated thereunder.
(2) Certification under § 290.201 (relating to coal ash certification) by the Department for the intended beneficial uses.
(3) Approval of a request submitted pursuant to subsection (b).
(b) Request. A person shall submit to the Department a request to beneficially use the certified coal ash at a specific coal mining activity site as part of the reclamation plan under the mining permit. This request must contain the permit filing fee in subsection (c) and, at a minimum, 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) Information demonstrating that the coal ash has been certified for its intended use in accordance with § 290.201, including the identity of the generator and the Department-assigned certification identifier, as described in § 290.201(c).
(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. This statement by the landowner shall be a recordable document. Prior to beneficial use of coal ash under this section, the statement by the landowner shall be recorded at the office of the recorder of deeds in the county in which the proposed beneficial use of coal ash will take place.
(4) A monitoring plan that meets the requirements of Subchapter D (relating to water quality monitoring).
(c) Permit filing fee.
(1) A nonrefundable permit filing fee payable to the ‘‘Commonwealth of Pennsylvania’’ for the beneficial use of coal ash at a coal mining activity site is to be paid annually in the amount of:
(i) $2,000 for each coal mining activity site approved to use coal ash until the year following final placement of coal ash at the site.
(ii) $1,000 from the year following final placement of coal ash until final bond release has been issued for the coal mining activity site.
(2) Money received from the permit filing fee for the beneficial use of coal ash will be deposited in the Surface Mining Conservation and Reclamation Fund and will be used by the Department for the cost of reviewing, administering and enforcing the requirements of the authorization for beneficial use of coal ash under the coal mining activity permit.
(3) The Department will review the adequacy of the fees established in this section at least once every 3 years and provide a written report to the EQB. The report will identify any disparity between the amount of program income generated by the fees and the costs to administer these programs, and it shall contain recommendations to adjust fees to eliminate the disparity, including recommendations for regulatory amendments to adjust program fees.
(d) Public notice. A person proposing to use coal ash at coal mining activity sites shall provide public notice under § 86.31 or § 86.54 (relating to public notices of filing of permit applications; and public notice of permit revision).
(e) Operating requirements. The beneficial use of coal ash for reclamation purposes at a coal mining activity site shall be designed to achieve an overall improvement in water quality or shall be designed to prevent the degradation of water quality. Coal ash shall only be beneficially used for reclamation at the following locations:
(1) The pit or area from which coal is extracted under a surface coal mining permit.
(2) Abandoned mine lands located within the surface coal mining permit area.
(3) Coal refuse disposal sites and coal refuse reprocessing sites.
(4) Areas where other beneficial uses that are part of the approved reclamation plan at the coal mining activity site are being conducted.
(f) Additional operating requirements for the placement of coal ash at permitted coal surface mining activity sites. Placement of coal ash at coal surface mining activity sites must comply with the following additional requirements:
(1) The volume of coal ash placed at the 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 otherwise approved by the Department. The Department may authorize a greater volume of coal ash where the mine operator demonstrates that reclamation will be enhanced or water quality will be improved by the additional coal ash.
(2) Placement of coal ash shall be accomplished by mixing with spoil material or by spreading in horizontal layers no greater than 2 feet thick unless otherwise approved by the Department. The reclamation plan of the approved mining permit must address the placement of the coal ash.
(3) The coal ash shall be spread and compacted within 24 hours of its delivery to the site unless stored in accordance with Subchapter E (relating to coal ash storage).
(4) Where placement of coal ash is not being accomplished by mixing with spoil, the placed coal ash must achieve a minimum compaction of 90% of the maximum dry density as determined by the Modified Proctor Test, or 95% of the maximum dry density as determined by the Standard Proctor Test. The Proctor Test shall be conducted on a semiannual basis unless the Department requires more frequent testing.
(5) For a project involving multiple refuse reprocessing sites, the Department may allow a greater volume of coal ash to be placed at an individual site than the volume of coal refuse removed from that site if the following conditions are met:
(i) The multiple sites are a project involving the coordinated use of multiple coal refuse reprocessing sites.
(ii) A reclamation plan is approved for each of the sites and each plan 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 combined sites.
(iv) The project shall be designed to achieve an overall improvement of surface water or groundwater quality at each site, where acid mine drainage is evident. If acid mine drainage is not evident, the project shall be designed to prevent degradation of the surface or groundwater quality.
(v) Only coal ash from the project can be used.
(vi) The project shall be accomplished in a manner that blends into the general surface configuration and complements the surface drainage pattern of the surrounding landscape.
(6) The person shall maintain information identifying the sources and the volume in cubic yards and the weight in dry tons of coal ash used.
(7) The site shall be monitored in accordance with the requirements of Subchapter D and any additional hydrologic tests specified by the Department.
(8) The offsite dispersion of dust from coal ash and other materials shall be minimized.
(g) 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, public 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.
(3) The coal ash is not used in amounts that exceed the maximum cumulative loading rates in § 290.103(e) (relating to use as a soil substitute or soil additive).
(4) The offsite dispersion of dust from coal ash and other materials shall be minimized.
(h) 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 permitted under Chapters 86—90 must meet the following:
(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.
(ii) The coal ash has physical and chemical characteristics that meet the following requirements:
(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.
(2) The offsite dispersion of dust from coal ash and other materials shall be minimized.
(i) Additional coal ash sampling. A person using coal ash at a coal mining activity site shall, each quarter that coal ash is being used at the site, sample the coal ash after it has been placed at the site and such sample shall be analyzed in accordance with § 290.201. The results of the analysis shall be submitted quarterly to and in the format required by the Department. A reduced frequency may be approved by the Department where a coal mining activity site is receiving coal ash from only one source and is located at one of the following:
(1) On the same tract of land where the coal ash was generated.
(2) On a tract of land contiguous to the tract where the coal ash was generated.
(3) On a tract of land connected to the tract where the coal ash was generated by a right-of-way controlled by the generator and to which the public does not have access.
(4) On a tract of land separated from the tract where the coal ash was generated by only a public or private right-of-way and access between the two tracts is by crossing rather than traveling along the right-of-way.
(j) Annual report. Prior to January 31, the permittee of a coal mining activity site where coal ash was placed in the previous calendar year shall submit a report for the previous calendar year to the Department that includes permit number, mining company contact information, the identity of each source of coal ash and its Department-assigned certification identifier, and the volume in cubic yards and the weight in dry tons for each source of coal ash that was placed at the site.
(k) Notification to Department. 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 the certification requirements in § 290.201.
Cross References This section cited in 25 Pa. Code § 290.101 (relating to general requirements for beneficial use).
§ 290.105. Beneficial use at abandoned mine lands.
(a) Reclamation contract with the Department. Coal ash may be beneficially used for the purposes of reclamation at abandoned mine lands, as defined in § 86.252 (relating to definitions), only if the reclamation work is performed pursuant to a contract with the Department. The beneficial use of coal ash at abandoned mine lands will, at a minimum, be based on the following:
(1) Compliance with this section and the applicable environmental statutes and regulations promulgated thereunder.
(2) Certification under § 290.201 (relating to coal ash certification) by the Department for the intended use.
(3) Approval of a contract proposal submitted under subsection (b).
(b) Contract proposal. A proposal for the use of coal ash at abandoned mine lands must contain the following:
(1) A narrative description of the project, including an estimated beginning date and ending date for the project, 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) Information demonstrating that the coal ash has been certified for its intended use in accordance with § 290.201, including the identity of the generator and the Department-assigned certification identifier, as described in § 290.201(c).
(3) Reclamation plans, including a stability analysis, when necessary, prepared by a licensed professional engineer in accordance with sound engineering practice and signed and sealed by the engineer.
(4) 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. This statement by the landowner shall be a recordable document. Prior to beneficial use of coal ash under this section, the statement by the landowner shall be recorded at the office of the recorder of deeds in the county in which the proposed coal ash beneficial use will take place.
(5) A water quality monitoring plan consistent with the requirements in § 290.101(d) (relating to general requirements for beneficial use).
(c) Public notice. As a condition of contract award, a person proposing to use coal ash for reclamation involving use of more than 10,000 tons of coal ash per acre on a project or more than 100,000 tons of coal ash in total at any project shall place an advertisement in a local newspaper of general circulation in the locality of the proposed coal ash beneficial use activities at least once a week for 3 consecutive weeks. Contiguous projects will be considered a single project for purposes of this section. The Department may require public notice for projects involving lesser amounts of coal ash if the Department determines that the proposed beneficial use activities are of significant interest to the public or site conditions warrant. If public notice is required, a copy shall be provided to the local municipality and proof of notice shall be submitted to the Department. At a minimum, the notice must contain the following information:
(1) The name and business address of the person proposing to beneficially use coal ash.
(2) A brief description of the location and scope of the proposed beneficial use.
(3) The location of the public office where a copy of the contract proposal submitted to the Department is available for public inspection.
(d) Department notification. The Department will publish a summary of each contract in the Pennsylvania Bulletin.
(e) Operating requirements. The use of coal ash as part of the reclamation activity at abandoned mine lands must satisfy the following additional requirements:
(1) The slope of the reclaimed area may not be greater than 2.5 horizontal to 1.0 vertical. The Department may approve a greater slope based on a demonstration of stability.
(2) Coal ash shall be spread uniformly and compacted in layers not exceeding 2 feet in thickness unless otherwise approved by the Department. The coal ash shall be spread and compacted within 24 hours of its delivery to the site unless stored in accordance with Subchapter E (relating to coal ash storage).
(3) Surface runoff from the reclamation area shall be minimized during construction activity. Stormwater shall be managed in accordance with The Clean Streams Law (35 P. S. § § 691.1—691.1001) and the regulations promulgated thereunder.
(4) Surface water shall be diverted away from the disturbed area during construction activity.
(5) Coal ash shall be covered with 12 inches of soil, unless infiltration is prevented by other cover material.
(6) Coal ash must achieve a minimum compaction of 90% of the maximum dry density as determined by the Modified Proctor Test, or 95% of the maximum dry density as determined by the Standard Proctor Test. Ash from each source shall be tested individually.
(7) The offsite dispersion of dust from coal ash and other materials shall be minimized.
(8) Coal ash used for reclamation may not be placed:
(i) Within 100 feet of an existing intermittent or perennial stream, unless the person demonstrates to the Department’s satisfaction that ash placement within 100 feet of the stream is necessary to remediate abandoned mine features located within 100 feet of the stream.
(ii) Within 300 feet of exceptional value or high quality waters as defined in § 93.1 (relating to definitions), unless the person demonstrates to the Department’s satisfaction that ash placement within 300 feet of the waters is necessary to remediate abandoned mine features located within 300 feet of the waters.
(iii) Within 300 feet of a water supply unless the person obtains, in a form acceptable to the Department, a written waiver from the owner of the water supply, allowing for another distance.
(iv) Within 100 feet of a sinkhole or area draining into a sinkhole.
(v) Within a 100-year floodplain of a water of this Commonwealth, unless a properly engineered dike, levee or other structure that can protect the reclamation area from a 100-year flood is permitted by the Department in a manner that is consistent with the Flood Plain Management Act (32 P. S. § § 679.101—679.601), the Storm Water Management Act (32 P. S. § § 680.1—680.17) and the Dam Safety and Encroachments Act.
(vi) In or within 100 feet of a wetland, other than an exceptional value wetland.
(vii) In or within 300 feet of an exceptional value wetland.
(9) The following apply to the beneficial use of coal ash as a soil substitute or soil additive:
(i) Coal ash shall be applied at a rate per acre that will protect public health, public safety and the environment.
(ii) The coal ash that is applied will be part of the approved reclamation plan in order to increase the productivity or properties of the soil.
(iii) The coal ash is not used in amounts that exceed the maximum cumulative loading rates in § 290.103(e).
(f) Annual report. Prior to January 31, any person that placed coal ash at an abandoned mine land site in the previous calendar year shall submit a report for the previous calendar year to the Department that includes company contact information, the identity of the reclamation contract with the Department, the identity of each source of coal ash and its Department-assigned certification identifier, and the volume in cubic yards and the weight in dry tons for each source of coal ash that was placed at the site.
(g) Notification to Department. A person beneficially using coal ash under this section must notify the Department within 72 hours of any evidence that the material does not meet the certification requirements in § 290.201.
Cross References This section cited in 25 Pa. Code § 290.101 (relating to general requirements for beneficial use).
§ 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).
§ 290.107. Requests for information.
(a) The Department may request documents and other information from a person to demonstrate that the person is conducting or proposing to use coal ash in a manner that is compliant with this subchapter and the person shall make the documents and information available to the Department upon request.
(b) Failure to have documentation of compliance with this subchapter may lead to a presumption that the person is disposing residual waste without a permit.
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