MINE
PLACEMENT
OF
COAL
COMBUSTION
WASTE
STATE
PROGRAM
ELEMENTS
ANALYSIS
Working
DRAFT
 
do
not
cite
or
quote
October
26,
2001
DISCLAIMER:
This
document
is
a
working
draft
prepared
by
the
U.
S.
Environmental
Protection
Agency
(
EPA).
It
is
being
shared
with
State
and
Tribal
mining
regulatory
authorities
for
their
review
and
comment
to
EPA
regarding
completeness
and
accuracy.
The
information
in
this
document
is
not
for
citation
or
attribution.
DRAFT
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1
Working
DRAFT
 
do
not
cite
or
quote
October
26,
2001
1
The
Navajo
Nation
is
not
included
in
this
draft
analysis,
but
will
be
included
in
the
final
version.
Mine
Placement
of
Coal
Combustion
Waste
State
Program
Elements
Analysis
This
document
summarizes
elements
of
State
regulatory
programs
applicable
to
the
placement
of
coal
combustion
waste
(
CCW)
in
surface
or
underground
mines.
This
document
does
not
comment
on
the
adequacy
of
individual
State
programs;
it
summarizes
the
program
elements
of
22
States.
This
analysis
is
in
the
form
of
tables
that
identify
the
program
elements
pertaining
to
mine
placement
oversight
in
each
State.
Most
of
the
information
presented
here
(
Tables
1
through
5)
pertains
to
CCW
placement
in
coal
mines
only.
EPA
has
not
yet
completed
research
on
regulatory
programs
for
noncoal
mines;
Table
6
presents
the
available
information
on
non­
coal
mine
placement.

The
information
presented
in
this
document
is
summarized
from
the
detailed
analysis
conducted
in
Regulation
and
Policy
Concerning
Mine
Placement
of
Coal
Combustion
Waste
in
26
States
(
DRAFT,
July
2,
2001).
The
26
States
covered
in
that
document
are
those
with
the
largest
number
of
coal
mines,
which
includes
all
of
the
members
and
associate
members
of
the
Interstate
Mining
Compact
Commission
(
IMCC),
except
North
Carolina,
South
Carolina,
and
New
Mexico.
This
document
covers
22
of
the
26
States
covered
in
the
detailed
analysis.
Louisiana,
Michigan,
Oklahoma,
and
Utah
are
not
included
in
this
document
because
there
is
currently
no
placement
of
CCW
in
coal
mines
in
these
States
and
EPA
has
not
yet
identified
the
applicable
regulatory
requirements.
1
The
applicable
programs
in
many
States
operate
under
the
authority
of
the
Federal
Surface
Mining
Control
and
Reclamation
Act
of
1977
(
SMCRA).
SMCRA
requires
that
State
regulations
be
at
least
as
stringent
as
Federal
regulations
promulgated
by
the
U.
S.
Department
of
Interior
Office
of
Surface
Mine
Reclamation
and
Enforcement
(
OSM).
As
a
result,
the
tables
presented
herein
use
the
following
conventions
to
describe
program
elements:

°
For
program
elements
that
are
included
in
the
Federal
SMCRA
regulations,
the
tables
show:
 
"
S"
for
States
whose
program
is
substantively
similar
to
that
required
under
SMCRA.
 
"
S+"
for
States
whose
program
is
more
stringent
or
has
requirements
in
addition
to
those
required
under
SMCRA.

°
For
program
elements
that
are
not
covered
by
Federal
SMCRA
regulations,
the
tables
show:
 
A
checkmark
for
States
whose
program
includes
the
program
element.
 
A
blank
for
States
whose
program
does
not
include
the
program
element.
 
"
CBC"
for
States
that
apply
the
program
element
on
a
case­
by­
case
basis.
 
"?"
for
States
where
the
presence
of
the
program
element
could
not
be
determined
by
EPA.

The
following
sections
provide
definitions
of
the
program
elements
specified
in
each
column
of
the
tables.
Note
that
some
States
have
additional
program
elements
that
are
not
covered
by
the
columns
in
the
tables.

Table
1:
Administrative
Program
Elements
Address
CCW
in
SMCRA
Permit
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quote
October
26,
2001
2
Two
of
these
States
do
not
require
a
SMCRA
permit
at
all
for
CCW
placement
projects
that
are
defined
as
disposal
(
as
opposed
to
beneficial
use)
under
their
programs.

3
In
three
of
these
States,
the
need
for
additional
approval
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

4
In
three
of
these
States,
the
need
for
public
participation
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.
SMCRA
requires
a
permit
covering
all
coal
mining
and
reclamation
operations.
Fourteen
of
the
22
States
require
that
this
SMCRA
permit
specifically
address
CCW
placement
(
e.
g.,
through
identification
of
the
CCW
placement
areas
in
the
permit
application).
2
Action
Item:
EPA
could
not
identify
whether
the
other
eight
States
explicitly
address
CCW
placement
in
SMCRA
permits.

Type
of
Revision
to
SMCRA
Permit
When
CCW
placement
is
proposed
following
the
issuance
of
a
SMCRA
permit,
seven
of
the
22
States
treat
the
proposal
as
a
major
permit
revision.
Two
States
treat
this
a
minor
permit
revision.
Three
States
determine
the
type
of
revision
on
a
case­
by­
case
basis.

Action
Item:
EPA
could
not
identify
the
type
of
permit
revision
for
the
other
10
States.

Additional
Permit,
Notification,
or
Approval
12
of
the
22
States
require
some
form
of
regulatory
agency
approval
prior
to
CCW
placement
in
addition
to
(
i.
e.,
outside
of)
the
SMCRA
permit
(
e.
g.,
a
State
solid
waste
permit).
3
Two
more
States
determine
the
need
for
additional
approval
on
a
case­
by­
case
basis
(
e.
g.,
depending
on
the
characteristics
of
the
CCW).

Public
Participation
in
Permitting
SMCRA
requires
public
participation
(
public
notice,
comment,
and
access
to
the
permit
application
and
final
decision)
for
an
application
for
a
permit,
a
major
(
but
not
minor)
revision
of
a
permit,
or
a
renewal
of
a
permit.
Thus,
SMCRA
public
participation
requirements
would
be
applicable
to
CCW
placement
projects
in
States
where
(
1)
the
SMCRA
permit
addresses
CCW
placement,
and
(
2)
proposals
to
place
CCW
are
treated
as
major
permit
revisions.
Some
States
have
additional
public
participation
provisions
(
e.
g.,
as
part
of
their
solid
waste
permitting
program).
In
total,
10
of
the
22
States
incorporate
public
participation
in
permitting.
4
Five
more
of
the
22
States
determine
the
need
for
public
participation
on
a
case­
by­
case
basis.

Action
Item:
EPA
could
not
identify
whether
there
is
public
participation
for
permitting
in
the
other
seven
States.

Public
Availability
of
Monitoring/
Inspection
Data
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2001
5
In
three
of
these
States,
the
need
to
address
CCW
placement
in
the
reclamation
plan
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

6
In
two
of
these
States,
the
need
to
address
CCW
placement
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.
This
program
element
covers
whether
members
of
the
public
have
access
to
ongoing
monitoring
results
and
inspection
reports.

Action
Item:
EPA
has
not
yet
completed
identification
of
this
program
element.

Public
Participation
in
Compliance
This
program
element
covers
whether
members
of
the
public
have
the
opportunity
to
participate
in
compliance
assessment
or
the
implementation
of
compliance
activities
for
projects
subject
to
compliance
action.

Action
Item:
EPA
has
not
yet
completed
identification
of
this
program
element.

Table
2:
Planning
and
Enforcement
Program
Elements
Address
CCW
in
Reclamation
Plan
SMCRA
requires
a
reclamation
plan
that
provides
for
the
protection
of
the
environment
and
public
safety.
Thirteen
of
the
22
States
require
that
the
reclamation
plan
specifically
address
CCW
placement
(
e.
g.,
through
inclusion
of
a
CCW
placement
plan).
5
Action
Item:
EPA
could
not
identify
whether
the
other
nine
States
specifically
address
CCW
placement
in
the
reclamation
plan.

Address
CCW
in
Site
Characterization/
PHC
Determination
SMCRA
requires
that
the
reclamation
plan
include
characterization
of
the
mine
site
(
e.
g.,
geologic
and
hydrologic
information).
SMCRA
also
requires
a
hydrologic
reclamation
plan
specific
to
local
conditions
and
a
probable
hydrologic
consequences
(
PHC)
determination.
these
site
characterization
and
planning
activities.
Ten
of
the
22
States
require
that
these
site
characterization
and
planning
activities
specifically
address
CCW
placement
(
e.
g.,
through
background
monitoring
surrounding
the
placement
area).
6
Action
Item:
EPA
could
not
determine
whether
the
other
12
States
specifically
address
CCW
placement
in
these
activities.

Siting
Restrictions
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DRAFT
 
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quote
October
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2001
7
One
of
these
States
has
more
stringent
requirements
only
for
projects
that
are
defined
as
disposal
(
as
opposed
to
beneficial
use)
by
the
State.

8
In
two
of
these
States,
the
requirements
depend
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

9
Three
of
these
States
have
more
stringent
requirements
only
for
projects
that
are
defined
as
disposal
(
as
opposed
to
beneficial
use)
by
the
State.

10
In
one
of
these
States,
pre­
placement
waste
characterization
is
required
only
for
projects
classified
as
disposal
(
as
opposed
to
beneficial
use)
by
the
State.
SMCRA
places
restrictions
on
where
surface
coal
mining
operations,
in
general,
may
be
conducted
(
e.
g.,
not
within
300
feet
of
occupied
dwellings,
parks,
or
public
buildings).
Twelve
of
the
22
States
have
additional,
more
stringent
location
standards
specifically
for
CCW
placement.
7
Address
Acid
Mine
Drainage/
Acid­
Base
Balance
Four
of
the
22
States
have
special
requirements
applicable
to
CCW
placement
when
acid
mine
drainage
is
present
or
when
the
placement
is
designed
to
remediate
acid
mine
drainage.
8
Examples
of
such
requirements
include
characterization
of
the
neutralization
potential
of
the
CCW
or
complete
acidbase
accounting
for
the
CCW
and
the
placement
environment.

Risk
Assessment
Focused
on
CCW
This
means
that
a
formal
risk
assessment
is
required
as
part
of
the
planning
process
for
CCW
placement.

Action
Item:
EPA
has
not
yet
completed
identification
of
this
program
element.

Enforceable
Limits/
Corrective
Action
Requirements
SMCRA
requires
compliance
with
all
applicable
Federal
and
State
water
quality
requirements
and
with
all
permit
conditions.
In
the
event
of
noncompliance
with
a
permit
condition,
permittees
must
take
all
possible
steps
to
minimize
adverse
impacts,
including,
but
not
limited
to:
accelerated
or
additional
monitoring
and
implementation
of
compliance
measures.
Eight
of
the
22
States
have
enforceable
limits
(
e.
g.,
numerical
standards)
specific
to
CCW
placement
projects
and/
or
more
specific
corrective
action
requirements
(
e.
g.,
identifying
when
corrective
action
is
required
and/
or
what
measures
should
be
taken)
applicable
to
CCW
placement
projects.
9
Table
3:
Waste
Characterization
and
Monitoring
Program
Elements
Waste
Characterization
Eighteen
of
the
22
States
require
chemical
analysis
(
e.
g.,
through
leachate
testing)
of
CCW
prior
to
the
start
of
placement.
10
Eight
of
these
States
also
require
ongoing
characterization
during
placement
(
e.
g.,
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2001
11
In
one
of
these
States,
ongoing
waste
characterization
is
required
only
for
projects
classified
as
disposal
(
as
opposed
to
beneficial
use)
by
the
State.

12
In
two
of
these
States,
the
applicability
of
the
waste
characteristic
limits
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

13
In
three
of
these
States,
the
need
for
more
specific
monitoring
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

14
In
one
of
these
States,
more
specific
post­
closure
monitoring
is
required
only
for
projects
is
classified
as
disposal
(
as
opposed
to
beneficial
use)
by
the
State.

15
In
two
of
these
States,
the
applicability
of
the
water
table
restrictions
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.
quarterly,
annually,
or
when
the
source
of
the
CCW
changes).
11
Fourteen
States
have
specific
numerical
standards
that
CCW
must
meet
before
being
considered
acceptable
for
placement.
12
Groundwater
Monitoring
SMCRA
requires
groundwater
monitoring
to
be
designed
on
a
site­
specific
basis
based
on
the
PHC
determination.
At
a
minimum,
SMCRA
requires
monitoring
for
four
parameters,
with
submission
of
data
every
three
months,
that
continues
until
bond
release.
Twelve
of
the
22
States
have
additional
or
more
stringent
requirements
(
e.
g.,
more
minimum
parameters,
specific
monitoring
of
the
CCW
placement
area)
for
monitoring
during
CCW
placement.
13
Five
more
States
determine
the
need
for
additional
monitoring
for
CCW
placement
projects
during
placement
on
a
case­
by­
case
basis.
Six
of
the
12
States
extend
their
more
stringent
monitoring
requirements
to
the
post­
closure
period.
14
Seven
more
States
determine
the
need
for
additional
post­
closure
monitoring
on
a
case­
by­
case
basis.

Surface
Water
Monitoring
This
program
element
covers
whether
States
require
more
stringent
or
additional
surface
water
monitoring
than
that
required
by
SMCRA.

Action
Item:
EPA
has
not
yet
completed
identification
of
this
program
element.

Table
4:
Design
and
Operational
Program
Elements
Groundwater
Table
Restrictions
Nine
of
the
22
States
require
that
CCW
be
placed
a
certain
minimum
distance
(
e.
g.,
eight
feet,
four
feet)
above
the
water
table.
15
Compaction
or
Other
Waste
Conditioning
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16
One
of
these
States
requires
compaction
only
for
projects
that
are
defined
as
disposal
(
as
opposed
to
beneficial
use)
by
the
State.

17
One
of
these
States
requires
interim
cover
only
for
projects
that
are
defined
as
disposal
(
as
opposed
to
beneficial
use)
by
the
State.

18
In
two
of
these
States,
the
requirements
depend
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

19
One
of
these
States
has
specific
erosion
control
requirements
only
for
projects
that
are
defined
as
disposal
(
as
opposed
to
beneficial
use)
by
the
State.

20
Two
of
these
States
have
specific
final
cover
requirements
only
for
projects
that
are
defined
as
disposal
(
as
opposed
to
beneficial
use)
by
the
State.
Six
of
the
22
States
have
requirements
regarding
compaction
of
CCW
during
placement.
16
Four
of
these
States
require
compaction;
the
other
two
require
that
applicants
describe
procedures
for
compaction
in
the
operating
plan.

Interim
Cover
Two
of
the
22
States
require
periodic
(
e.
g.,
daily)
cover
over
the
CCW
during
placement.
17
Fugitive
Dust
Controls
SMCRA
requires
an
air
pollution
control
plan
for
mine
sites.
Eleven
of
the
22
States
have
explicit
requirements
for
fugitive
dust
control
specifically
for
CCW
placement.
18
Erosion/
Surface
Runoff
Controls
SMCRA
requires
that
disturbed
areas
be
backfilled
and
graded
to
minimize
erosion
and
water
pollution.
Eight
of
the
22
States
have
explicit
requirements
for
erosion
or
runoff
controls
specifically
for
CCW
placement
areas.
19
Table
5:
Closure
and
Post­
Closure
Program
Elements
Final
Cover
SMCRA
requires
a
minimum
of
2
feet
of
soil
cover
for
final
disposal
of
non­
coal
mine
waste.
Six
of
the
22
States
specifically
require
final
cover
over
CCW
placement
areas.
20
Action
Item:
EPA
has
not
yet
identified
whether
the
other
16
States
apply
the
SMCRA
provisions
for
disposal
of
non­
coal
mine
waste
to
CCW
placement
projects.

Revegetation
SMCRA
requires
revegetation
over
areas
used
for
final
disposal
of
non­
coal
mine
waste.
One
State
has
specific
standards
for
revegetation
of
CCW
placement
areas.
DRAFT
DRAFT
Page
7
Working
DRAFT
 
do
not
cite
or
quote
October
26,
2001
21
One
of
these
States
has
specific
financial
assurance
requirements
only
for
projects
that
are
defined
as
disposal
(
as
opposed
to
beneficial
use)
by
the
State.
Action
Item:
EPA
has
not
yet
identified
whether
the
other
21
States
apply
the
SMCRA
provisions
for
disposal
of
non­
coal
mine
waste
to
CCW
placement
projects.

Financial
Assurance/
Bonding
SMCRA
requires
a
performance
bond
that
covers
the
entire
permit
area,
with
release
contingent
on
successful
completion
of
the
reclamation
plan,
including
revegetation.
Four
of
the
22
States
have
more
specific
or
stringent
financial
assurance
requirements
(
e.
g.,
specific
financial
assurance
for
the
CCW
placement
project,
a
liability
period
that
extends
beyond
completion
of
the
reclamation
plan).
21
Four
more
States
determine
the
need
for
more
stringent
financial
assurance
requirements
on
a
case­
by­
case
basis.

Post­
closure
Site
Utilization
Restrictions
This
program
element
covers
whether
States
place
restrictions
on
the
post­
closure
use
of
CCW
placement
areas.

Action
Item:
EPA
has
not
yet
completed
identification
of
this
program
element.

Table
6:
Non­
coal
Mine
Placement
Regulatory
Programs
Tables
1
through
5
address
program
elements
applicable
to
placement
of
CCW
in
coal
mines
only.
Regulatory
programs
applicable
to
placement
of
CCW
in
non­
coal
(
e.
g.,
sand,
gravel,
limestone,
clay)
mines
may
differ,
because
non­
coal
mines
are
not
regulated
under
SMCRA.

Action
Item:
EPA
has
not
yet
completed
an
analysis
of
non­
coal
mine
placement
regulatory
programs.
EPA,
however,
has
identified
at
least
five
States
that
have
programs
specific
to
this
type
of
placement.
DRAFT
DRAFT
Page
8
Working
DRAFT
 
do
not
cite
or
quote
October
26,
2001
Notes
for
States
Column:
[
1]
Coal
mine
placement
is
not
currently
occuring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur.
[
2]
Mining
program
administered
by
Federal
OSM;
additional
program
elements
may
apply
under
State
solid
waste
program.
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
Key
to
Table
Entries:
Blank
No
program
element
in
place
?
Program
element
in
place
S
State'
program
element
substantively
similar
to
that
required
under
SMCRA
S+
State's
program
element
is
more
stringent/
in
addition
to
that
required
under
SMCRA
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
1.
Administrative
Program
Elements
State
Permitting
Public
Availability
of
Monitoring/
Inspection
Data
Public
Participation
in
Compliance
Address
CCW
in
SMCRA
Permit
Type
of
Revision
to
SMCRA
Permit
Additional
Permit,
Notification
or
Approval
Public
Participation
in
Permitting
AL
?
Major
?
?
?
?

AK
?
?
?
?
?
?

AR
[
1]
?
?
?
?
?
?

AZ
[
2]
?
?
CBC
?
?
?

CO
?
?
?
?
?
?

IL
D
?
Major
?
?
?
?

BU
?
CBC
CBC
?
?

IN
?
Major
?
?
?

KS
[
1]
?
?
?
?
?
?

KY
?
CBC
CBC
?
?

MD
?
minor
CBC
?
?

MO
?
Major
?
?
?
?

MT
?
CBC
CBC
?
?

NM
?
?
?
?
?

ND
?
?
?
?
?
?

O
H
D
none
?
?
?

BU
?
Major
?
?
?

PA
?
Major
?
?
?

TN
[
1][
2]
?
?
?
?
?
?
DRAFT
DRAFT
Page
9
Working
DRAFT
 
do
not
cite
or
quote
October
26,
2001
State
Permitting
Public
Availability
of
Monitoring/
Inspection
Data
Public
Participation
in
Compliance
Address
CCW
in
SMCRA
Permit
Type
of
Revision
to
SMCRA
Permit
Additional
Permit,
Notification
or
Approval
Public
Participation
in
Permitting
Notes
for
States
Column:
[
1]
Coal
mine
placement
is
not
currently
occuring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur.
[
2]
Mining
program
administered
by
Federal
OSM;
additional
program
elements
may
apply
under
State
solid
waste
program.
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
Key
to
Table
Entries:
Blank
No
program
element
in
place
?
Program
element
in
place
S
State'
program
element
substantively
similar
to
that
required
under
SMCRA
S+
State's
program
element
is
more
stringent/
in
addition
to
that
required
under
SMCRA
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
TX
D
none
?
?
?
?

BU
?
?
?
?
?

VA
[
1]
?
Major
CBC
?
?
?

WA
[
2]
?
?
?
?
?
?

WV
?
minor
CBC
?
?

WY
?
Major
?
?
?

2.
Planning
and
Enforcement
Program
Elements
State
Address
CCW
in
Reclamation
Plan
Address
CCW
in
Site
Characterization
/
PHC
Determination
Siting
Restrictions
Address
Acid
Mine
Drainage/
Acid­
Base
Balance
Risk
Assessment
Focused
on
CCW
Enforceable
Limits/
Corrective
Action
Requirements
AL
?
?
S
?
S
AK
?
?
S+
?
S
AR
[
1]
?
?
S
?
S
AZ
[
2]
?
?
S
?
S+

CO
?
?
S+
?
S+

IL
D
?
?
S
?
?
S+

BU
?
?
S
?
S
IN
?
?
S+
?
S
KS
[
1]
?
?
S+
?
S
KY
?
?
S+
?
S+
DRAFT
DRAFT
Page
10
Working
DRAFT
 
do
not
cite
or
quote
October
26,
2001
State
Address
CCW
in
Reclamation
Plan
Address
CCW
in
Site
Characterization
/
PHC
Determination
Siting
Restrictions
Address
Acid
Mine
Drainage/
Acid­
Base
Balance
Risk
Assessment
Focused
on
CCW
Enforceable
Limits/
Corrective
Action
Requirements
Notes
for
States
Column:
[
1]
Coal
mine
placement
is
not
currently
occuring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur.
[
2]
Mining
program
administered
by
Federal
OSM;
additional
program
elements
may
apply
under
State
solid
waste
program.
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
Key
to
Table
Entries:
Blank
No
program
element
in
place
?
Program
element
in
place
S
State'
program
element
substantively
similar
to
that
required
under
SMCRA
S+
State's
program
element
is
more
stringent/
in
addition
to
that
required
under
SMCRA
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
MD
?
?
S
?
S
MO
?
?
S
?
S
MT
?
?
S
?
S
NM
?
?
S
?
S
ND
?
?
S+
?
S+

O
H
D
CBC
S+
?
S+

BU
?
?
S+
?
?
S
PA
?
?
S+
?
?
S+

TN
[
1][
2]
?
?
S+
?
S
TX
D
?
S+
?
S+

BU
?
?
S
?
S
VA
[
1]
?
?
S+
?
S
WA
[
2]
?
?
S+
?
S
WV
?
?
S
?
?
S
WY
?
?
S
?
S
3.
Waste
Characterization
and
Monitoring
Program
Elements
State
Waste
Characterization
Groundwater
Monitoring
Surface
Water
Monitoring
Prior
to
Placement
During
Placement
Characteristi
c
Limits
During
Placement
Post­
Closure
During
Placement
Post­
Closure
AL
?
?
S
S
?
?

AK
S+
S+
?
?
DRAFT
DRAFT
Page
11
Working
DRAFT
 
do
not
cite
or
quote
October
26,
2001
State
Waste
Characterization
Groundwater
Monitoring
Surface
Water
Monitoring
Prior
to
Placement
During
Placement
Characteristi
c
Limits
During
Placement
Post­
Closure
During
Placement
Post­
Closure
Notes
for
States
Column:
[
1]
Coal
mine
placement
is
not
currently
occuring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur.
[
2]
Mining
program
administered
by
Federal
OSM;
additional
program
elements
may
apply
under
State
solid
waste
program.
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
Key
to
Table
Entries:
Blank
No
program
element
in
place
?
Program
element
in
place
S
State'
program
element
substantively
similar
to
that
required
under
SMCRA
S+
State's
program
element
is
more
stringent/
in
addition
to
that
required
under
SMCRA
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
AR
[
1]
?
?
?
CBC
S
?
?

AZ
[
2]
?
CBC
CBC
?
?

CO
?
?
CBC
CBC
?
?

IL
D
?
?
S+
CBC
?
?

BU
?
?
S
S
?
?

IN
?
?
?
S+
S
?
?

KS
[
1]
CBC
S
?
?

KY
?
?
?
S+
S+
?
?

MD
?
?
S
S
?
?

MO
?
?
S+
CBC
?
?

MT
?
?
S+
S+
?
?

NM
?
S+
CBC
?
?

ND
?
S+
S+
?
?

O
H
D
?
?
?
CBC
CBC
?
?

BU
?
?
?
S+
S
?
?

PA
?
?
?
S+
S+
?
?

TN
[
1][
2]
?
CBC
CBC
?
?

TX
D
?
?
S+
S+
?
?

BU
S
S
?
?

VA
[
1]
?
?
S
S
?
?

WA
[
2]
S+
S
?
?

WV
?
?
?
S
S
?
?
DRAFT
DRAFT
Page
12
Working
DRAFT
 
do
not
cite
or
quote
October
26,
2001
State
Waste
Characterization
Groundwater
Monitoring
Surface
Water
Monitoring
Prior
to
Placement
During
Placement
Characteristi
c
Limits
During
Placement
Post­
Closure
During
Placement
Post­
Closure
Notes
for
States
Column:
[
1]
Coal
mine
placement
is
not
currently
occuring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur.
[
2]
Mining
program
administered
by
Federal
OSM;
additional
program
elements
may
apply
under
State
solid
waste
program.
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
Key
to
Table
Entries:
Blank
No
program
element
in
place
?
Program
element
in
place
S
State'
program
element
substantively
similar
to
that
required
under
SMCRA
S+
State's
program
element
is
more
stringent/
in
addition
to
that
required
under
SMCRA
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
WY
?
S
S
?
?

4.
Design
and
Operational
Program
Elements
State
Groundwater
Table
Restrictions
Compaction
or
Other
Waste
Conditioning
Interim
Cover
Fugitive
Dust
Controls
Erosion/
Surface
Runoff
Controls
AL
S
S
AK
?
S
S
AR
[
1]
S
S
AZ
[
2]
S
S
CO
?
S
S
IL
D
S+
S+

BU
S+
S+

IN
S+
S
KS
[
1]
S
S
KY
?
S+
S
MD
S
S
MO
?
?
S+
S+

MT
?
S
S+

NM
S
S+

ND
?
?
S+
S+

O
H
D
S+
S+

BU
?
S
S
DRAFT
DRAFT
Page
13
Working
DRAFT
 
do
not
cite
or
quote
October
26,
2001
State
Groundwater
Table
Restrictions
Compaction
or
Other
Waste
Conditioning
Interim
Cover
Fugitive
Dust
Controls
Erosion/
Surface
Runoff
Controls
Notes
for
States
Column:
[
1]
Coal
mine
placement
is
not
currently
occuring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur.
[
2]
Mining
program
administered
by
Federal
OSM;
additional
program
elements
may
apply
under
State
solid
waste
program.
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
Key
to
Table
Entries:
Blank
No
program
element
in
place
?
Program
element
in
place
S
State'
program
element
substantively
similar
to
that
required
under
SMCRA
S+
State's
program
element
is
more
stringent/
in
addition
to
that
required
under
SMCRA
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
PA
?
S+
S+

TN
[
1][
2]
?
?
S+
S
TX
D
?
?
?
S+

BU
S
S
VA
[
1]
?
S+
S+

WA
[
2]
S
S
WV
?
S+
S
WY
S
S
5.
Closure
and
Post­
Closure
Program
Elements
State
Final
Cover
Revegetation
Financial
Assurance/
Bonding
Post­
closure
Site
Utilization
Restrictions
AL
S
S
S
?

AK
S
S
S+
?

AR
[
1]
S
S
S
?

AZ
[
2]
S
S
CBC
?

CO
S
S
CBC
?

IL
D
S
S
S
?

BU
S
S
S
?

IN
S+
S
S
?

KS
[
1]
S
S
CBC
?

KY
S+
S
S+
?
DRAFT
DRAFT
Page
14
Working
DRAFT
 
do
not
cite
or
quote
October
26,
2001
State
Final
Cover
Revegetation
Financial
Assurance/
Bonding
Post­
closure
Site
Utilization
Restrictions
Notes
for
States
Column:
[
1]
Coal
mine
placement
is
not
currently
occuring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur.
[
2]
Mining
program
administered
by
Federal
OSM;
additional
program
elements
may
apply
under
State
solid
waste
program.
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
Key
to
Table
Entries:
Blank
No
program
element
in
place
?
Program
element
in
place
S
State'
program
element
substantively
similar
to
that
required
under
SMCRA
S+
State's
program
element
is
more
stringent/
in
addition
to
that
required
under
SMCRA
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
MD
S
S
S
?

MO
S
S
S
?

MT
S
S
S
?

NM
S+
S
S
?

ND
S+
S+
S+
?

OH
D
S+
S
?

BU
S
S
S
?

PA
S
S
S
?

TN
[
1][
2]
S
S
CBC
?

TX
D
S+
S
S+
?

BU
S
S
S
?

VA
[
1]
S
S
S
?

WA
[
2]
S
S
S
?

WV
S
S
S
?

WY
S
S
S
?
DRAFT
DRAFT
Page
15
Working
DRAFT
 
do
not
cite
or
quote
October
26,
2001
Notes
for
States
Column:
[
1]
Coal
mine
placement
is
not
currently
occuring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur.
[
2]
Mining
program
administered
by
Federal
OSM;
additional
program
elements
may
apply
under
State
solid
waste
program.
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
Key
to
Table
Entries:
Blank
No
program
element
in
place
?
Program
element
in
place
S
State'
program
element
substantively
similar
to
that
required
under
SMCRA
S+
State's
program
element
is
more
stringent/
in
addition
to
that
required
under
SMCRA
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
6.
Non­
coal
Mine
Placement
Regulatory
Programs
State
Do
State
Regulations
Address
Non­
coal
Mine
Placement
of
CCW?

AL
?

AK
?

AR
[
1]
?

AZ
[
2]
?

CO
?
IL
D
?

BU
?

IN
?

KS
[
1]
?
KY
?

MD
?
MO
?
MT
?

NM
?

ND
?

OH
D
?

BU
?

PA
?
TN
[
1][
2]
?

TX
D
?

BU
?
DRAFT
DRAFT
Page
16
Working
DRAFT
 
do
not
cite
or
quote
October
26,
2001
State
Do
State
Regulations
Address
Non­
coal
Mine
Placement
of
CCW?

Notes
for
States
Column:
[
1]
Coal
mine
placement
is
not
currently
occuring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur.
[
2]
Mining
program
administered
by
Federal
OSM;
additional
program
elements
may
apply
under
State
solid
waste
program.
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
Key
to
Table
Entries:
Blank
No
program
element
in
place
?
Program
element
in
place
S
State'
program
element
substantively
similar
to
that
required
under
SMCRA
S+
State's
program
element
is
more
stringent/
in
addition
to
that
required
under
SMCRA
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
VA
[
1]
?

WA
[
2]
?

WV
?

WY
?
