1
This
document
is
a
draft
prepared
by
the
U.
S.
Environmental
Protection
Agency
(
EPA).
It
is
being
used
to
guide
disc
ussions
with
Sta
te
and
Tr
ibal
mining
reg
ulatory
autho
rities
on
coal
c
ombustio
n
waste
(
CC
W)
min
efill
managem
ent
practices
.
This
draft
list
of
d
iscussion
items
is
p
art
of
an
inform
ation
collectio
n
effort
and
is
sub
ject
to
change.
It
is
not
a
proposed
model
for
CCW
minefill
regulation.
CCW
MINEFILL
MANAGEMENT
PRACTICES
DISCUSSION
GUIDE1
October
22,
2001
 
DRAFT
Outline
I.
General
Regulating
a
gencies,
progra
m
structure
II.
Planning/
Permitting
Permit
requ
irements,
type/
sourc
e
of
CCW
,
numbe
r
of
permits,
qua
ntity
of
waste,
acid/
base
b
alances,
reclamation
plans,
operational
plans,
closure/
post­
closure
plans,
future
uses
III.
Waste
Characterization
Timin
g
(
before
/
during
p
lacem
ent),
testing
m
ethods,
param
eters,
performance
standa
rds/
waste
charac
terization
lim
its
IV.
Site
Characterization
Types
o
f
data,
hy
drology
,
criteria
for
ac
ceptability
,
liners
V.
Risk
Assessment
Form
al
assessm
ent/
mo
deling,
m
ethods/
crite
ria
VI.
Ground
Water
Monitoring
Monitoring
system
design,
tim
ing
(
during
plac
ement/
po
st­
closure),
frequency,
loca
tion,
param
eters,
perform
ance
stan
dards/
en
forceab
le
limits
VII.
Surface
Water
Monitoring
Monitoring
system
design,
tim
ing
(
during
plac
ement/
po
st­
closure),
frequency,
loca
tion,
param
eters,
perform
ance
stan
dards/
en
forceab
le
limits
VIII.
Placement
Practices
Appro
priate
pra
ctices
for:
un
dergrou
nd
m
ines,
surfac
e
mine
s,
active
m
ines,
closed
mines,
p
roxim
ity
to
water
table,
grouting,
soil
conditioning,
mine
sealing,
subsidence
control,
spoil
encapsulation
IX.
Operational
Requ
irements/
Design
Requirements
Dust
controls,
erosion
/
flooding
contro
ls,
runoff
controls,
leacha
te
collection,
re­
vegetation,
ac
cess
controls,
post­
closure
maintenance
X.
Corrective
Action
Circumstances/
triggers
for
action,
action
measures,
existing
damage
cases
XI.
Financial
Assurance
Mecha
nisms,
liability,
bond
relea
se
XII.
Reporting
Inspection
frequency
(
pre­,
during,
and
post­
placement),
monitoring
data
review,
compliance
evaluation
XIII.
Public
Participation
Availability
of
data
(
pre­,
during,
and
post­
placement),
compliance
participation
Page
2
DRAFT
 
do
not
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or
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ote
October
22,
2001
CCW
MINEFILL
MANAGEMENT
PRACTICES
DISCUSSION
GUIDE
October
22,
2001
 
DRAFT
Interviewee
Names:
Interviewee
Agency:
Interview
Date:

I
General
1.
Is
there
a
distinction
between
disposal
and
beneficial
use?
1.1
How
is
the
distinction
made
(
e.
g.,
waste
quantity,
placement
type)?

2.
Under
what
program(
s)
does
the
state
regulate
mine
placement
(
e.
g.,
state
SMCRA
implementing
regulations,
state
solid
waste
program)?

3.
Are
there
differing
requirements/
policies
applicable
to
different
types
of
CCW
(
e.
g.,
fly
ash
vs.
FGD
wastes)?

4.
Are
there
differing
requirements/
policies
applicable
for
different
types
of
placement?

5.
Are
there
differing
requirements/
policies
applicable
for
different
kinds
of
mines
(
e.
g.,
coal
vs.
non­
coal
mines
such
as
quarries)?

II
Planning/
Permitting
1.
Are
mine
facilities
required
to
obtain
permits
for
CCW
placement?

2.
Who
issues
the
appropriate
permits?

3.
Do
the
permits
contain
project­
specific
conditions
or
requirements?

4.
Are
there
environmental
justice
considerations
in
the
permitting
process?

5.
Is
the
operator
required
to
identify:
5.1
The
type
of
CCW
to
be
minefilled?
5.2
The
source
of
the
CCW?
5.3
The
quantity
of
CCW
to
be
minefilled?

6.
How
many
permits
have
been
authorized
in
the
State
for
CCW
mine
placement?

7.
What
is
the
total
quantity
of
CCW
minefilled
in
the
State
per
year?

8.
Are
operators
required
to
address
acid/
base
balances
prior
to
placement?
8.1
What
procedures
are
used
to
conduct
acid/
base
balances?
8.1.1
What
are
the
shortcomings
of
these
procedures,
if
any?
8.1.2
What
is
the
long­
term
reliability
of
these
procedures?

9.
Is
a
reclamation
plan
required?
9.1
Is
the
plan
required
to
specifically
address
the
use
of
CCW?
9.2
What
must
the
plan
include?
9.3
What
are
the
standards
for
reclamation
(
i.
e.,
how
is
the
end­
point
of
reclamation
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October
22,
2001
defined)?

10.
Is
an
operational
plan
required?
10.1
Is
the
plan
required
to
specifically
address
the
use
of
CCW?
10.2
What
must
the
plan
include?

11
Is
a
closure
plan
and/
or
post­
closure
plan
required?
11.1
Is
the
plan
required
to
specifically
address
the
use
of
CCW?
11.2
What
must
the
plan
include?

12.
Are
there
procedures
and
criteria
for
determining
what
future
uses
are
acceptable
following
closure?
12.1
How
is
the
public
involved
in
this
determination?
12.2
If
use
is
restricted,
what
protects
against
inappropriate
uses?

III
Waste
Characterization
1.
Is
characterization
of
the
CCW
conducted
prior
to
placement?
1.1
What
analytes
are
measured?
1.2
What
is
the
testing
method
used?
1.3
Are
there
numerical
waste
acceptance/
rejection
criteria?
1.3.1
If
so,
what
are
they?
1.3.2
If
not,
how
are
waste
characteristics
considered
in
pre­
placement
and
planning?

2.
Is
ongoing
waste
characterization
required
during
placement?
2.1
How
do
the
analytes,
testing
methods,
or
waste
acceptance/
rejection
criteria
differ
from
those
used
prior
to
placement?
2.2
What
is
the
required
frequency
of
characterization?
2.3
How
often
is
the
waste
characterization
data
reviewed
by
the
appropriate
regulatory
agency?

3.
What
is
the
basis
for
any
numerical
acceptance/
rejection
criteria?
Page
4
DRAFT
 
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or
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ote
October
22,
2001
IV
Site
Characterization
1.
Is
characterization
of
the
site
required
prior
to
placement?
1.1
What
factors
are
examined
in
characterizing
a
site?
1.2
What
are
the
criteria
for
accepting/
rejecting
a
site?

2.
Is
consideration
of
the
site
hydrology
(
e.
g.,
a
probable
hydrologic
consequences
determination
under
SMCRA)
required?
2.1
Does
this
consideration
specifically
address
the
use
of
CCW?
2.2
What
are
the
hydrologic
criteria
for
site
acceptance/
rejection?
2.3
Does
consideration
of
site
hydrology
specifically
address
both
ground
water
and
surface
water?
2.4
What
time
period
does
PHC
determination
or
other
consideration
of
site
hydrology
address?

3.
Is
background
groundwater
monitoring
data
required
prior
to
placement?
3.1
What
analytes
are
measured?
3.2
How
are
the
sampling
locations
selected?
3.3
How
much
data
is
required
before
placement?

4.
Is
background
surface
water
monitoring
data
required
prior
to
placement?
4.1
What
analytes
are
measured?
4.2
How
are
the
sampling
locations
selected?
4.3
How
much
data
is
required
before
placement?

5.
Is
the
use
of
liners
considered
in
site
characterization?
5.1
If
a
site
is
determined
to
be
unacceptable
for
CCW
placement,
can
it
be
made
acceptable
through
the
use
of
liners?

6.
Are
there
any
restrictions
on
the
type
of
sites
that
can
accept
CCW?

V
Risk
Assessment
1.
Is
a
formal
risk
assessment
performed?
1.1
Is
it
based
on
site­
specific,
regional
or
other
(
please
specify)
data?
1.2
Describe
the
steps
taken
in
this
assessment.
1.3
Who
conducts
the
assessment?

2.
Are
specific
air,
surface
water,
and
ground
water
models,
equations,
etc.,
used
to
assess
risk
or
impacts?
2.1
What
models
are
used?
2.2
What
is
the
State's
experience
with
these
models
(
e.
g.,
ease
of
use,
value
of
results)?
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October
22,
2001
3.
How
are
the
risk
assessment
results
expressed?
{
e.
g.,
monetization
of
potential
damages,
calculated
incremental
health
risks
(
illness,
deaths),
negati
ve
risk
(
i.
e.,
benefits
outweigh
negative
impacts),
rationalization
(
e.
g.,
aquifer
is
not
potable
anyway),
comparative
(
current/
future
use
of
the
resource)}.

4.
How
are
the
results
interpreted
to
determine
the
level
and
acceptability
of
impacts
to
receptors?
4.1
Who
is
responsible
for
interpreting
the
results?

5.
If
no
risk
assessment
is
completed,
is
there
a
presumption
that
placement
is
acceptable
if
certain
criteria
are
met?
(
e.
g.,
leachate
characteristics,
distance
to
ground
water,
liner
placement,
historical
experience
of
the
regulatory
authority).
5.1
Please
list
the
pass/
fail
criteria
below.

VI
Ground
Water
Monitoring
1.
Is
a
ground
water
sampling
and
analysis
plan
required?

2.
Is
groundwater
monitoring
required
during
placement?
2.1
What
analytes
are
measured?
2.2
How
are
the
number
of
wells,
well
locations,
and
screening
zones
selected?
2.3
What
is
the
frequency
of
monitoring?

3.
Is
post­
closure
ground
water
monitoring
required?
3.1
If
so,
how
does
it
differ
from
ground
water
monitoring
conducted
during
placement
(
analytes
monitored,
frequency,
etc.)?

4.
Can
ground
water
monitoring
be
discontinued?
4.1
What
are
the
criteria
for
discontinuing
ground
water
monitoring?

5.
How
is
ground
water
monitoring
designed
to
specifically
detect/
distinguish
the
effects
of
CCW
placement?

6.
How
are
large
expanses
dealt
with?

7.
How
is
existing
ground
water
contamination
dealt
wit
h
as
part
of
the
monitoring
program?

8.
What
water
quality
standards/
criteria
must
be
met?

9.
Are
alternative
monitoring
methods
allowed?
9.1
What
alternative
monitoring
methods
are
allowed?
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October
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2001
VII
Surface
Water
Monitoring
1.
Is
a
surface
water
sampling
and
analysis
plan
required?

2.
Is
surface
water
monitoring
required
during
placement?
2.1
What
analytes
are
measured?
2.2
How
are
sampling
locations
selected?
2.3
What
is
the
frequency
of
monitoring?

3.
Is
post­
closure
surface
water
monitoring
required?
3.1
How
does
it
differ
from
surface
water
monitoring
conducted
during
placement
(
analytes
monitored,
frequency,
etc.)?

4.
Can
surface
water
monitoring
be
discontinued?
4.1
What
are
the
criteria
for
discontinuing
surface
water
monitoring?

5.
How
is
surface
water
monitoring
designed
to
specifically
detect/
distinguish
the
effects
of
CCW
placement?

6.
How
is
background
surface
water
quality
assessed?

7.
What
water
quality
standards/
criteria
must
be
met?

VIII
Placement
Practices
1.
What
types
of
CCW
placement
are
allowed
(
i.
e.,
into
active
mines,
closed
mines,
surface
mines,
underground
mines,
etc)?

2.
Is
placement
into
the
water
table
allowed?
2.1
If
so,
under
what
conditions?
2.2
If
not,
how
close
to
the
water
table
is
placement
allowed?
2.3
If
a
liner
is
required
beneath
the
CCW,
what
are
the
design/
performance
standards
for
the
liner?

3.
Is
placement
into
mine
pools
allowed?
3.1
What
placement
techniques
are
used?
3.2
Are
there
additional/
special
monitoring
requirements
after
placement
into
a
mine
pool?
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22,
2001
4.
Are
there
specific
design/
operational
requirements
for
the
following
types
of
projects
and,
if
so,
what
are
they?
4.1
Placement
into
underground
mines?
4.2
Placement
into
surface
mines?
4.3
Grouting?
4.4
Acid
mine
drainage
remediation?
4.5
Soil
conditioning?
4.6
Mine
sealing?
4.7
Subsidence
control?
4.8
Spoil
encapsulation?

IX
Operational
Requirements/
Design
Requirements
1.
How
is
the
potential
for
flooding/
washout
addressed?

2.
Are
runoff
controls
used/
required?

3.
Are
leachate
collection
systems
used
or
required?
3.1
Under
what
conditions?
3.2
What
are
the
design
criteria?

4.
Is
waste
conditioning
required?
4.1
What
waste
conditioning
methods
are
allowed?
4.2
What
design
criteria
exist
for
waste
conditioning?

5.
What
fugitive
dust
controls
are
used
or
required:
5.1
During
transport
and
discharge
from
transport
vehicles?
5.2
During/
following
placement?

6.
Is
a
cover
or
cap
required
over
the
CCW?
6.1
What
are
the
design/
performance
criteria?
6.2
What
kind
of
cover
materials
are
required?
6.3
What
minimum/
maximum
slopes
are
allowed
for
final
cover?
6.4
What
compaction
criteria/
standards
apply
to
the
cover/
cap?
6.5
What
are
the
maintenance
standards
for
covers/
caps?

7.
Is
re­
establishment
of
surface
streams
required?
7.1
What
determines
when
it
is
appropriate
and
how
it
should
be
done?
7.2
What
are
the
design
criteria?

8.
Is
contouring
of
waste
so
water
drains
away
from
the
fill
required?
8.1
When
is
it
appropriate
to
contour
wastes?
8.2
What
are
the
minimum
slope
and
compaction
criteria?

9.
Is
re­
vegetation
required?
9.1
What
are
the
design
criteria?
9.2
What
kinds
of
plants
are
used?
9.3
What
kinds
of
topsoil/
compost
are
required?

10.
Is
the
operator
required
to
restrict
public
access
to
the
waste
and
facility?
10.1
What
design/
performance
standards
or
criteria
apply?
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2001
11.
What
are
the
post­
closure
maintenance
requirements
(
e.
g.,
maintaining
cover
integrity
and
effectiveness,
slopes,
vegetation,
etc.)?

12.
How
long
is
the
owner/
operator
responsible
for
post­
closure
maintenance?

13.
What
other
operational
requirements
exist?

X
Corrective
Action
1.
Under
what
circumstances
are
corrective
actions
required/
what
is
the
trigger
for
a
corrective
action?

2.
What
types
of
corrective
action
measures
are
appropriate?

3.
Does
the
state
have
any
damage
cases?

XI
Financial
Assurance
1.
Is
financial
assurance
required?
1.1
What
types
of
financial
assurance
mechanisms
are
allowed?

2.
What
is
the
period
of
liability?

3.
What
is
the
amount
of
financial
assurance
required?

4.
What
are
the
conditions
for
bond
release?

5.
Is
there
a
separate
State
liability
fund?
5.1
What
is
the
source
of
money
for
this
fund?

XII
Reporting
1.
How
frequently
is
monitoring
data
on
wastes,
ground
and
surface
water
reported
to
the
government?

2.
Is
the
data
maintained
at
the
facility?

3.
How
often
are
sites
inspected?

4.
How
often
is
compliance
with
permit
requirements,
performance
standards,
enforceable
limits,
etc.,
evaluated?
4.1
Who
is
responsible
for
this
evaluation?

5.
What
are
the
post­
closure
reporting
requirements?

6.
How
frequently
does
the
regulatory
authority
inspect
the
closed
facility,
and
what
are
the
criteria
for
terminating
inspection?

XIII
Public
Participation
1.
Prior
to
permit
issuance,
does
the
public
have
an
opportunity
to
review
and
comment
on
monitoring
(
surface
and
ground
water)
and/
or
modeling
data
and
Probable
Hydrologic
Consequences
determination?
1.1
What
other
opportunities
for
public
involvement
are
there
in
the
permitting
process?
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2001
2.
Is
monitoring
data
available
to
the
public?

3.
What
opportunity
does
the
public
have
to
participate
in
overseeing
compliance
at
the
site?

4.
How
does
the
public
have
access
to
post­
closure
reports?

5.
Are
citizen
actions
allowed?
5.1
What
types
of
actions
are
allowed
(
e.
g.,
petitions,
suits)?
5.2
Who
adjudicates
citizen
actions
(
e.
g.,
permitting
agency,
administrative
law
judge,
State
court,
federal
court)?
