Subchapter E. COAL ASH STORAGE
Sec.
290.401. Design and operation.
290.402. Duration of storage.
290.403. Surface and groundwater protection.
290.404. Areas where coal ash storage is prohibited.
290.405. Storage piles—general requirements.
290.406. Storage piles—storage pad or liner system.
290.407. Storage piles—leachate and runoff control.
290.408. Storage impoundments—scope.
290.409. Storage impoundments—general requirements.
290.410. Storage impoundments—design requirements.
290.411. Storage impoundments—operating requirements.
290.412. Storage impoundments—failure.
290.413. Storage impoundments—inspections.
290.414. Storage areas—closure.
290.415. Interim requirements for sites where coal ash has been stored.
Cross References This section cited in 25 Pa. Code § 290.102 (relating to use as structural fill); 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).
§ 290.401. Design and operation.
(a) A person storing coal ash shall employ best engineering design and construction practices for all phases of construction and operation.
(b) A person may not store coal ash in a manner that exceeds the design capacity of the storage facility.
(c) The Department may require a person to install a water quality monitoring system in accordance with Subchapter D (relating to water quality monitoring) if storage of the coal ash has the potential to cause groundwater degradation.
(d) A person storing coal ash shall routinely inspect the facility, its equipment and the surrounding area for evidence of failure and shall immediately take necessary corrective actions. The person shall maintain records of inspections and corrective actions that were taken for a minimum of 3 years, and make the records available to the Department upon request.
§ 290.402. Duration of storage.
(a) Coal ash may not be stored as follows:
(1) For more than 1 year unless a minimum of 75% of the volume of the coal ash being stored is used or processed for beneficial use in the previous calendar year commencing on January 1st.
(2) For more than 90 days unless it is stored on an impermeable floor or pad and either in an enclosed facility or in an area where runoff is collected and treated. The Department may waive or modify, in writing, this requirement if there is no runoff from the storage.
(b) The Department will presume that a person storing coal ash contrary to subsection (a) is operating a waste disposal facility and is subject to the applicable requirements of the act and regulations thereunder for waste disposal.
(c) A person that stores coal ash shall maintain for a minimum of 3 years accurate operational records that are sufficiently detailed to demonstrate to the Department that coal ash is being stored under subsection (a). The records shall be made available to the Department upon request. The presumption in subsection (b) may be overcome by the operational records required by this subsection.
§ 290.403. Surface and groundwater protection.
(a) Surface water runoff from storage areas shall be minimized. Stormwater shall be managed in accordance with The Clean Streams Law (35 P. S. § § 691.1—691.1001) and the regulations promulgated thereunder.
(b) Surface water run-on to storage areas shall be minimized.
(c) Coal ash may not be stored in a manner that causes groundwater or surface water degradation.
§ 290.404. Areas where coal ash storage is prohibited.
(a) Coal ash storage areas, other than areas where the coal ash is totally enclosed and stored on an impermeable floor, temporary coal ash storage piles or storage impoundments, may not be operated as follows, unless otherwise authorized by the Department in writing:
(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).
(2) Within 300 feet of exceptional value or high quality waters as defined in § 93.1.
(3) Within 300 feet of a groundwater water source.
(4) Within 1,000 feet upgradient of a surface drinking water source.
(5) Within 25 feet of a bedrock outcrop, unless the outcrop is properly treated to minimize infiltration into fractured zones.
(6) Within 100 feet of a sinkhole or area draining into a sinkhole.
(7) Within 100 feet of a wetland, other than an exceptional value wetland.
(8) In or within 300 feet of an exceptional value wetland.
(b) Coal ash storage impoundments may not be operated as follows:
(1) In the 100-year floodplain of waters of this Commonwealth.
(2) In or within 100 feet of a wetland other than an exceptional value wetland.
(3) In or within 300 feet of an exceptional value wetland.
(4) In an area where the operation would result in the elimination, pollution or destruction of a portion of an intermittent stream or perennial stream.
(5) Within 100 feet of an intermittent stream or perennial stream, other than exceptional value or high quality waters as defined in § 93.1.
(6) Within 300 feet of exceptional value or high quality waters as defined in § 93.1.
(7) In areas underlain by limestone or carbonate formations, where the formations are greater than 5 feet thick and present at the topmost geologic unit. These areas include areas mapped by the ‘‘Pennsylvania Geological Survey’’ as underlain by these formations, unless competent geologic studies certified by a professional geologist licensed to practice in this Commonwealth demonstrate the absence of limestone and carbonate formations under the site.
(8) Within 900 feet measured horizontally from an occupied dwelling, unless the owner of the dwelling has provided a written waiver consenting to the coal ash storage impoundment being closer than 900 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner. A closed coal ash storage impoundment that submits an application to reopen and expand shall also be subject to this paragraph.
(9) Within 100 feet of a property line, unless the current owner has provided a written consent to the coal ash storage impoundment being closer than 100 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.
(10) Within 1/4 mile upgradient, and within 300 feet downgradient, of a private or public water source, except that the Department may waive or modify the isolation distances to a private water source if the person demonstrates and the Department finds, in writing, that the following conditions have been met:
(i) The owners of the private water sources in the isolation area have consented, in writing, to the location of the proposed coal ash storage impoundment.
(ii) The person storing coal ash and each water source owner have agreed, in writing, that the person will construct and maintain at the person’s expense a permanent alternative water supply of like quantity and quality at no additional cost to the water source owner if the existing source is adversely affected by the coal ash storage impoundment.
(iii) The person storing coal ash has demonstrated that a replacement water source is technically and economically feasible and readily available for every private water source in the isolation area.
(11) Within 900 feet of the following:
(i) A building that is owned by a school district or school and used for instructional purposes.
(ii) A park.
(iii) A playground.
(12) In areas that serve as habitat for fauna or flora listed as ‘‘threatened’’ or ‘‘endangered’’ under the Endangered Species Act of 1973 (7 U.S.C.A. § 136; 16 U.S.C.A. § § 4601-9, 460k-1, 668dd, 715i, 715a, 1362, 1371, 1372, 1402 and 1531—1543), the Wild Resource Conservation Act (32 P. S. § § 5301—5314), 30 Pa.C.S. (relating to the Fish and Boat Code) or 34 Pa.C.S. (relating to the Game and Wildlife Code), unless the applicant demonstrates compliance with applicable Federal and State requirements that would allow operations in those areas.
(c) Temporary coal ash storage piles may not be operated as follows:
(1) Within 100 feet of an intermittent or perennial stream, other than exceptional value or high quality waters as defined in § 93.1.
(2) Within 300 feet of exceptional value or high quality waters as defined in § 93.1.
(3) Within 100 feet of a wetland, other than an exceptional value wetland.
(4) In or within 300 feet of an exceptional value wetland.
§ 290.405. Storage piles—general requirements.
(a) A person storing coal ash in piles shall minimize the dispersal of coal ash by wind or water erosion.
(b) The coal ash being stored shall be separated from the water table by at least 4 feet without the use of a groundwater pumping system. The Department may waive, in writing, this requirement.
(c) A person storing coal ash in a pile, other than a temporary coal ash storage pile, shall design, install and maintain berms around the storage area and other structures or facilities to collect and, when necessary, treat runoff or leachate, or both, from the storage area. The Department may waive, in writing, the berm requirement when other collection methods are in place.
(d) For storage piles without a liner system or storage pad, the Department may require the person to install and implement water quality monitoring in accordance with Subchapter D (relating to water quality monitoring) where site conditions warrant.
§ 290.406. Storage piles—storage pad or liner system.
(a) A person that installs a storage pad or liner system to prevent groundwater degradation shall meet the requirements of this section. This section does not preclude a person from using other means to prevent groundwater degradation, such as enclosure in a building.
(b) The storage pad or liner system must meet the following requirements:
(1) Prevent the migration of leachate through the storage pad or liner system.
(2) May not be adversely affected by the physical or chemical characteristics of coal ash, coal ash constituents or leachate from the coal ash storage piles.
(3) Be designed, constructed and maintained to protect the integrity of the pad or liner during the storage of coal ash.
(4) Be designed to collect leachate and runoff.
(5) Be constructed of nonsolid waste and noncoal ash material.
(6) Be no less permeable than 1 x 10-7 cm/sec., as demonstrated by field and laboratory testing.
(7) Be inspected for uniformity, damage and imperfections during construction and installation.
(c) The person shall install and operate a monitoring system capable of verifying whether coal ash or leachate has penetrated the pad or liner, if required by the Department.
(d) Coal ash may not be stored where continuous or intermittent contact could occur between the coal ash and groundwater or surface water.
§ 290.407. Storage piles—leachate and runoff control.
(a) A person that installs a storage pad or liner system shall collect leachate and runoff from the coal ash pile and divert it into a leachate storage or treatment system.
(b) A leachate storage system must consist of a collection tank or surface impoundment. The tank or impoundment must be:
(1) Sized for the anticipated leachate and runoff flow, including a 30-day reserve capacity.
(2) Chemically compatible with the leachate.
(3) Of sufficient strength to withstand expected loads.
(4) Equipped with cleanouts, if necessary.
(5) Sealed to prevent the loss of leachate and runoff.
(c) Collected leachate shall be treated or disposed in a manner that complies with the act, The Clean Streams Law (35 P. S. § § 691.1—691.1001), and the regulations promulgated thereunder.
§ 290.408. Storage impoundments—scope.
(a) This section and § § 290.409—290.415 apply to persons that store coal ash in surface impoundments prior to beneficial use.
(b) This section and § § 290.409—290.415 do not apply to the storage impoundments that are designed for the express purpose of storing stormwater runoff and that store runoff composed entirely of stormwater. Impoundments that store stormwater runoff must comply with the applicable requirements of The Clean Streams Law (35 P. S. § § 691.1—691.1001), section 13 of the Stormwater Management Act (32 P. S. § 680.13) and Chapters 92a, 102 and 105 (relating to national pollutant discharge elimination system permitting, monitoring and compliance; erosion and sediment control; and dam safety and waterway management).
(c) For purposes of this section, ‘‘stormwater’’ means drainage runoff from the surface of the land resulting from precipitation or snow or ice melt.
§ 290.409. Storage impoundments—general requirements.
A person that operates a storage impoundment to hold coal ash shall meet the following conditions:
(1) Hold a valid permit from the Department for the storage under sections 308 and 402 and other applicable provisions of The Clean Streams Law (35 P. S. § § 691.1—691.1001), Chapter 91 (relating to general provisions) and other applicable regulations promulgated thereunder, and shall comply with the permit.
(2) Comply with Chapter 105 (relating to dam safety and waterway management).
Cross References This section cited in 25 Pa. Code § 290.408 (relating to storage impoundments—scope).
§ 290.410. Storage impoundments—design requirements.
Impoundments used to store coal ash must meet the following minimum design criteria:
(1) The liner system for a coal ash storage impoundment must include the following elements:
(i) The subbase, which is the prepared layer of soil or earthen material upon which the remainder of the liner system is constructed.
(ii) The leachate detection zone, which is a prepared layer placed on top of the subbase and upon which the liner is placed, and in which a leachate detection system is located.
(iii) The composite liner, which is a continuous layer of synthetic material over earthen material, placed on the leachate detection zone. The upper component is no more permeable than 1.0 x 10-7 cm/sec. based on laboratory testing. The composite component is no more permeable than 1.0 x 10-6 cm/sec., based on laboratory testing and field testing.
(iv) The protective cover and leachate collection zone, which is a prepared layer placed over the liner in which a leachate collection system is located.
(2) The bottom of the subbase of the liner system cannot be in contact with the water table without the use of groundwater pumping systems.
(3) The subbase must meet the following performance standards. The subbase must:
(i) Bear the weight of the liner system, coal ash, and equipment operating on the coal ash storage impoundment without causing or allowing a failure of the liner system.
(ii) Accommodate potential settlement without damage to the liner system.
(iii) Be a barrier to the transmission of liquids.
(iv) Cover the bottom and sidewalls of the coal ash storage impoundment.
(4) The leachate detection zone must meet the following performance standards. The leachate detection zone must:
(i) Rapidly detect and collect liquid entering the leachate detection zone, and rapidly transmit the liquid to the leachate treatment system.
(ii) Withstand chemical attack from coal ash or leachate.
(iii) Withstand anticipated loads, stresses and disturbances from overlying coal ash and equipment operation.
(iv) Function without clogging.
(v) Prevent the liner from puncturing, cracking, tearing, stretching or otherwise losing its physical integrity.
(vi) Cover the bottom and sidewalls of the coal ash storage impoundment.
(5) The liner must meet the following standards of performance:
(i) The liner must prevent the migration of leachate through the liner to the greatest degree that is technologically possible.
(ii) The effectiveness of the liner in preventing the migration of leachate may not be adversely affected by the physical or chemical characteristics of the coal ash or leachate from the coal ash storage impoundment.
(iii) The liner must be resistant to physical failure, chemical failure, and other failure.
(iv) The liner must cover the bottom and sidewalls of the coal ash storage impoundment.
(6) The protective cover must meet the following performance standards. The protective cover must:
(i) Protect the primary liner from physical damage from stresses and disturbances from overlying coal ash and equipment operation.
(ii) Protect the leachate collection system within the protective cover from stresses and disturbances from overlying coal ash and equipment operation.
(iii) Allow the continuous and free flow of leachate into the leachate collection system within the protective cover.
(iv) Cover the bottom and sidewalls of the coal ash storage impoundment.
(7) The leachate collection system within the protective cover must meet the following performance standards. The leachate collection system must:
(i) Ensure that free flowing liquids and leachate will drain continuously from the protective cover to the leachate treatment system.
(ii) Withstand chemical attack from leachate.
(iii) Withstand anticipated loads, stresses and disturbances from overlying coal ash and equipment operation.
(iv) Function without clogging.
(v) Cover the bottom and sidewalls of the coal ash storage impoundment.
(8) An onsite leachate storage system shall be part of each leachate treatment method used by the person. The storage system must contain impoundments or tanks for storage of leachate. The tanks or impoundments must have a storage capacity at least equal to the maximum expected production of leachate for a 30-day period. No more than 25% of the total leachate storage capacity may be used for flow equalization on a regular basis. Leachate storage capacity may not be considered to include leachate that may have collected in or on the liner system.
(9) Leachate may be collected and handled by one of the following:
(i) Onsite treatment and discharged into a receiving stream under a permit issued by the Department under The Clean Streams Law (35 P. S. § § 691.1—691.1001) and regulations thereunder, if the Department approves this method in the permit.
(ii) Direct discharge into a permitted publicly-owned treatment works, following pretreatment, if pretreatment is required by Federal, State or local law or by discharge into another permitted treatment facility.
(iii) Transport to an offsite treatment facility that is operating in compliance with The Clean Streams Law (35 P. S. § § 691.1—691.1001) and regulations thereunder, and is otherwise capable of accepting and treating leachate from the coal ash storage impoundment.
(10) Impoundments must be designed, constructed, operated and maintained in accordance with the following:
(i) An impoundment must have sufficient freeboard to prevent overtopping, including overtopping caused by the 24-hour precipitation event in inches to be expected once in 25 years. The freeboard may not be less than 2 feet.
(ii) The dike must have sufficient structural integrity to prevent failure. The liner system of the impoundment may not be considered in determining the structural integrity of the dike.
(iii) The inside slope shall be designed and constructed with sufficient protective cover to prevent wind and water erosion, and to preserve the structural integrity of the dike.
(iv) The dike must be capable of withstanding anticipated static and dynamic loadings with a minimum safety factor for the most critical failure surface of 1.5 for static loading and 1.2 for dynamic loading.
(v) The outside slopes of the dike may not exceed 25% unless the following requirements are met:
(A) A horizontal terrace with a minimum width of 10 feet is constructed at each 20-foot vertical rise of the slope, or the Department approves in the permit a terrace with different dimensions.
(B) Surface water on the terrace is collected and discharged so that it does not erode or otherwise adversely affect the stability of the dike.
(C) The final slope does not exceed 50%.
(vi) Dikes and berms must be free of burrowing mammals and plants with root systems capable of displacing earthen materials upon which the structural integrity of the dikes or berms is dependent.
(vii) An impoundment must be surrounded by structures sufficient to prevent surface runoff from a 25-year, 24-hour precipitation event from entering the impoundment.
Cross References This section cited in 25 Pa. Code § 290.408 (relating to storage impoundments—scope).
§ 290.411. Storage impoundments—operating requirements.
(a) At least 8 feet shall be maintained between the bottom of the subbase of the liner system and the top of the confining layer or the shallowest level below the bottom of the subbase where groundwater occurs as a result of upward leakage from natural or other preexisting causes. The integrity of the confining layer may not be compromised by excavation.
(b) The edge of the liner shall be clearly marked.
(c) A fence or other suitable barrier shall be maintained around the coal ash storage area, including impoundments, leachate collection and treatment systems sufficient to prevent unauthorized access, unless the Department approves, in the permit, an alternative means of protecting access to the area that afford an equivalent degree of protection.
(d) The person shall implement fugitive air contaminant control measures and otherwise prevent and control air pollution in accordance with the Air Pollution Control Act (35 P. S. § § 4001—4015); Article III (relating to air resources) and § 289.228 (relating to nuisance minimization and control). Minimization and control measures must include the following:
(1) Ensuring that operation of the coal ash storage impoundment will not cause or contribute to an exceedance of an ambient air quality standard under § 131.3 (relating to ambient air quality standards).
(2) Minimizing the generation of fugitive dust emissions from the coal ash storage impoundment.
(e) The person shall implement water quality monitoring, as required under Subchapter D (relating to quality monitoring).
(f) A person that stores coal ash in a coal ash storage impoundment shall remove coal ash from the impoundment as follows:
(1) Without damage to the impoundment.
(2) Inspect the liner to ensure its integrity, and make necessary repairs prior to returning the impoundment to service.
(3) Provide for the beneficial use of the removed coal ash in accordance with this chapter.
(4) Removal from the impoundment shall be sufficient such that the coal ash is not accumulated speculatively.
Cross References This section cited in 25 Pa. Code § 290.408 (relating to storage impoundments—scope).
§ 290.412. Storage impoundments—failure.
(a) If a coal ash storage impoundment fails, the person storing coal ash shall immediately:
(1) Stop adding coal ash to the impoundment.
(2) Contain any discharge that has occurred or is occurring.
(3) Empty the impoundment in a manner approved by the Department, if leaks cannot be stopped.
(4) Notify the Department of the failure of the impoundment and the measures taken to remedy the failure.
(b) A coal ash storage impoundment that has been removed from service due to failure may not be restored to service unless the following conditions are met:
(1) The impoundment has been repaired.
(2) The repair has been certified to the Department, in writing, by a registered professional engineer.
(3) The Department has approved, in writing, the restoration of the impoundment to service.
(c) If a storage impoundment fails and the impoundment or surrounding area cannot be cleaned up in a manner that is satisfactory to the Department, the impoundment shall be closed in accordance with this section.
Cross References This section cited in 25 Pa. Code § 290.408 (relating to storage impoundments—scope).
§ 290.413. Storage impoundments—inspections.
The Department will inspect storage impoundments in accordance with the Dam Safety and Encroachments Act (32 P. S. § § 693.1—693.27).
Cross References This section cited in 25 Pa. Code § 290.408 (relating to storage impoundments—scope).
§ 290.414. Storage areas—closure.
Upon cessation of coal ash storage, the person storing coal ash shall remove coal ash and materials containing coal ash, and provide for the beneficial use or disposal of the coal ash and materials under the act and the regulations promulgated thereunder. The person shall also regrade and revegetate the site as required by the Department.
Cross References This section cited in 25 Pa. Code § 290.408 (relating to storage impoundments—scope).
§ 290.415. Interim requirements for sites where coal ash has been stored.
For storage sites previously subject to rescinded § 299.153, which pertained to storage and containment of coal ash, the requirements of this subchapter must be met by December 12, 2011, unless the person storing the coal ash demonstrates to the Department’s satisfaction through water quality monitoring data that the existing storage is protective of public health, safety and the environment.
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