REGULATION
AND
POLICY
CONCERNING
MINE
PLACEMENT
OF
COAL
COMBUSTION
WASTE
IN
26
STATES
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do
not
cite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not
for
citation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
1
In
addition,
Michigan
was
included
because
placement
in
non­
coal
mines
was
known
to
be
occurring
in
that
State.

State
CCW
Mine
Placement
Regulations
and
Policy
1
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
REGULATION
AND
POLICY
CONCERNING
MINE
PLACEMENT
OF
COAL
COMBUSTION
WASTE
IN
26
STATES
This
report
reviews
and
summarizes
current
State
regulations
and
policy
concerning
the
placement
of
coal
combustion
wastes
(
CCWs)
in
surface
and
underground
mines
in
26
States.
Mine
placement
of
CCW
occurs
most
commonly
in
coal
mines.
Therefore,
the
States
reviewed
for
this
report
were
selected
based
on
the
number
of
coal
mines.
1
Mine
placement
typically
is
conducted
for
two
purposes:

°
To
dispose
of
the
CCW
as
an
alternative
to
disposal
in
a
landfill
or
surface
impoundment,
and
°
To
achieve
or
assist
in
the
reclamation
of
the
mine,
whether
as
part
of
ongoing
operations
or
following
the
completion
of
mining
(
including
abandoned
mines).

Given
these
dual
purposes,
States
may
regulate
the
activity
under
mining
and
mine
reclamation
regulations,
solid
waste
disposal
regulations,
or
a
combination
of
both.
Therefore,
this
review
examines
both
mining
and
solid
waste
regulatory
programs
and
policy
in
the
26
States.
The
review
focuses
on
the
following
elements
of
State
programs:

°
Identification
of
the
State
agency(
ies)
with
authority
for
overseeing
the
practice,
°
The
placement
uses
allowed
or
authorized,
°
Whether
the
State
makes
a
regulatory
distinction
between
beneficial
use
and
disposal
at
mine
sites,
°
Pre­
placement
site
characterization
requirements,
°
Siting
restrictions,
°
Reclamation
or
placement
plan
requirements,
°
Waste
characterization
requirements
(
both
before
and
during
placement),
°
Waste
characteristic
limits,
°
Whether
(
and
how)
operators
are
required
to
address
acid­
base
balance
issues,
°
Whether
regulatory
approval
is
required
for
a
project
to
proceed,
°
Public
participation
requirements,
°
Ground­
water
monitoring
requirements
(
both
during
and
after
placement),
°
Performance
standards,
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
2
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
°
Enforceable
limits
and
corrective
action
provisions,
°
Operational
or
placement
engineering
requirements,
°
Performance
bonding
or
financial
assurance
requirements,
and
°
Other
closure
and
post­
closure
requirements.

Where
State
mining
regulations
are
applied
to
CCW
placement,
these
regulations
frequently
are
promulgated
under
the
authority
of
the
Federal
Surface
Mining
Control
and
Reclamation
Act
of
1977
(
SMCRA).
In
fact,
many
States'
mining
regulations
are
substantively
similar
or
identical
to
Federal
SMCRA
regulations.
As
a
result,
an
understanding
of
the
Federal
SMCRA
regulations
and
their
applicability
to
CCW
placement
is
critical
to
this
review
of
State
programs.
To
assist
with
this
understanding,
Table
1
summarizes
SMCRA
regulations
and
guidance
from
the
implementing
agency,
the
U.
S.
Department
of
Interior
Office
of
Surface
Mine
Reclamation
and
Enforcement
(
OSM),
applicable
to
CCW
placement
with
regard
to
the
review
elements.

Because
the
Federal
SMCRA
regulations
apply
only
to
coal
mines,
many
State
programs
similarly
address
CCW
placement
only
in
coal
mines.
As
a
result,
this
review
focuses
primarily
on
regulations
applicable
to
coal
mine
placement.
In
cases
where
States
have
regulatory
programs
applicable
to
non­
coal
mine
placement
and
information
on
these
programs
was
available,
non­
coal
mine
placement
programs
are
discussed
in
the
individual
State
summaries.

This
review
was
conducted
primarily
using
the
ENFLEX
Federal
and
State
Regulations
and
Federal
and
State
Statutes
databases.
These
databases
contain
the
full
text
of
the
environment,
health,
safety,
and
hazardous
materials
transportation
regulations
and
statutes
for
the
Federal
Government,
all
50
States,
the
District
of
Columbia,
and
Puerto
Rico.
The
databases
are
updated
monthly.
The
review
also
utilized
previous
research
and
information
obtained
in
support
of
EPA's
Regulatory
Determination
on
Wastes
from
the
Combustion
of
Fossil
Fuels
(
65
FR
32214,
May
22,
2000).
Where
clarification
of
the
regulatory
language
was
necessary,
appropriate
State
regulatory
authorities
were
contacted.
Citations
to
the
specific
regulatory
sections
reviewed
and
identification
of
any
contacts
made
are
included
with
each
State
summary.

Table
2
summarizes
the
structure
of
the
State
regulations
pertaining
to
mine
placement
of
CCW.
Table
3
identifies
the
key
components
of
the
State
programs
that
differ
from
(
e.
g.,
are
more
stringent
or
specific
to
CCW)
than
Federal
SMCRA
requirements.
The
pages
following
the
tables
describe
each
State's
applicable
policy
and
regulatory
requirements
in
greater
detail.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
3
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Table
1.
Federal
SMCRA
Regulations/
Guidance
Applicable
to
the
Mine
Placement
of
Coal
Combustion
Wastes
Applicability
°
Placement
for
reclamation
of
surface
coal
mines.
°
Placement
for
stabilization
of
underground
mines.
°
Discharge
into
underground
mines
(
fly
ash
and
flue
gas
desulfurization
sludge
only).
°
Disposal
at
coal
mine
sites
(
under
regulatory
provisions
for
disposal
of
non­
coal
mine
waste).

Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
None
specified
Site
Characterization
The
reclamation
plan
(
see
below)
must
include:
°
Geologic
and
hydrologic
information.
°
Land
use
information.
°
Information
on
siltation,
structures,
impoundments,
banks,
dams,
and
diversions.
°
Protection
of
public
parks
and
historic
places.
°
Relocation
or
use
of
public
roads.
°
Disposal
of
excess
spoil.
°
Road
systems.

In
addition,
a
probable
hydrologic
consequences
(
PHC)
determination
is
required.
Under
OSM
guidance,
the
PHC
should
specifically
address
coal
combustion
waste
placement.
The
PHC
must:
°
Determine
the
consequences
of
the
proposed
mining
and
reclamation
operation
upon
the
quality
and
quantity
of
surface
and
groundwater.
°
Consider
seasonal
flow
conditions
for
the
proposed
permit
area
and
adjacent
areas.
°
Be
based
on
baseline
hydrologic,
geologic,
and
other
information
collected
for
the
permit
application
°
Must
include
findings
on
whether
any
adverse
impacts
may
occur.

Siting
Restrictions
Non­
coal
mine
waste
may
not
be
disposed
in
a
refuse
pile
or
impounding
structure.
Non­
coal
mine
waste
disposal
sites
may
not
be
located
within
8
feet
of
any
coal
outcrop
or
coal
storage
area.

In
addition,
unless
the
operator
qualifies
for
an
exemption,
surface
coal
mining
operations
in
general
may
not
be
conducted:
°
On
any
lands
within
the
boundaries
of
the
National
Park
System,
the
National
Wildlife
Refuge
System,
the
National
System
of
Trails,
the
National
Wilderness
Preservation
System,
the
Wild
and
Scenic
Rivers
System,
or
National
Recreation
Areas.
°
On
any
Federal
lands
within
a
national
forest.
°
On
any
lands
where
the
operations
would
adversely
affect
parks
or
any
place
in
the
National
Register
of
Historic
Places.
°
Within
100
feet
of
any
public
road
or
cemetery.
°
Within
300
feet
of
occupied
dwellings,
parks,
or
public
buildings.
DRAFT
Table
1.
Federal
SMCRA
Regulations/
Guidance
Applicable
to
the
Mine
Placement
of
Coal
Combustion
Wastes
State
CCW
Mine
Placement
Regulations
and
Policy
4
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Reclamation
Plan
A
reclamation
plan
that
provides
for
protection
of
the
environment,
public
safety,
and,
ideally,
a
new
beneficial
land
use
is
required.
Under
OSM
guidance,
the
reclamation
plan
should
address
coal
combustion
waste
placement.
The
reclamation
plan
must
include,
at
a
minimum
a:
°
Detailed
timetable.
°
Detailed
estimate
of
the
cost.
°
Plan
for
backfilling,
soil
stabilization,
compacting,
and
grading.
°
Plan
for
removal,
storage,
and
redistribution
of
topsoil,
subsoil,
and
other
material.
°
Plan
for
revegetation.
°
Description
of
the
measures
to
be
used
to
maximize
the
use
and
conservation
of
the
coal
resource.
°
Description
of
measures
to
be
employed
to
ensure
that
all
debris,
acid­
forming
and
toxic­
forming
materials,
and
materials
constituting
a
fire
hazard
are
disposed
of
in
accordance
with
30
CFR
816.89
and
816.102.
°
Description,
including
appropriate
cross
sections
and
maps,
of
the
measures
to
be
used
to
seal
or
manage
mine
openings,
and
to
plug,
case,
or
manage
exploration
holes,
other
bore
holes,
wells,
and
other
openings
within
the
proposed
permit
area,
in
accordance
with
30
CFR
816.13
through
816.15.
°
Description
of
steps
to
be
taken
to
comply
with
the
requirements
of
the
Clean
Air
Act
,
the
Clean
Water
Act,
and
other
applicable
air
and
water
quality
laws
and
regulations
and
health
and
safety
standards.

A
hydrologic
reclamation
plan
that
is
specific
to
the
local
hydrologic
conditions
also
is
required.
The
plan
must
contain
the
steps
to
be
taken
during
the
mining
and
reclamation
through
bond
release
to:
°
Minimize
disturbances
to
the
hydrologic
balance
within
the
permit
and
adjacent
areas;
to
prevent
material
damage
outside
the
permit
area.
°
Meet
the
applicable
Federal
and
State
water
quality
laws
and
regulations.
°
Protect
the
rights
of
present
water
users.
°
Avoid
acid
or
toxic
drainage.
°
Prevent,
to
the
extent
possible
using
the
best
technology
currently
available,
additional
contributions
of
suspended
solids
to
stream
flow.
°
Provide
water­
treatment
facilities
when
needed.
°
Control
drainage.
°
Restore
approximate
pre­
mining
recharge
capacity
and
protect
or
replace
rights
of
present
water
users.

Under
OSM
guidance,
the
hydrologic
reclamation
plan
and
PHC
determination
(
see
above)
should
address
coal
combustion
waste
placement,
including:
°
The
probability
of
adverse
impacts
on
the
hydrologic
balance.
°
Contamination
of
surface
or
ground­
water
supplies.
DRAFT
Table
1.
Federal
SMCRA
Regulations/
Guidance
Applicable
to
the
Mine
Placement
of
Coal
Combustion
Wastes
State
CCW
Mine
Placement
Regulations
and
Policy
5
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
°
The
time
for
manifestation
of
impacts
to
surface
or
ground­
water
supplies.

Waste
Characterization
Not
required.
The
operator,
however,
must
ensure
that
leachate
and
drainage
from
non­
coal
mine
waste
disposal
areas
does
not
degrade
surface
or
groundwater,
which
may
necessitate
performing
waste
characterization.

Waste
Characteristic
Limits
None
specified
Address
Acid­
Base
Balance/
Acid
Mine
Drainage
Operators
must
handle
earth
materials,
ground­
water
discharges,
and
runoff
in
a
manner
that
minimizes
the
formation
of
acid
or
toxic
drainage.
No
specific
methodology
for
addressing
this
is
prescribed.

Regulatory
Approval
Required
to
Proceed
A
permit,
issued
by
the
SMCRA
permitting
authority,
covering
all
coal
mining
operation
and
reclamation
activities
is
required.
Under
OSM
guidance,
the
permit
application
should
include
identification
of
coal
combustion
waste
placement
areas.
Final
disposal
of
non­
coal
mine
waste
shall
be
in
a
designated
disposal
site
in
the
permit
area
or
a
State­
approved
solid
waste
disposal
area.

Public
Participation
SMCRA
provides
citizens
with
the
right
to
petition
the
OSM
to
initiate
a
proceeding
for
the
issuance,
amendment,
or
repeal
of
any
regulation
under
SMCRA.
SMCRA
also
has
public
participation
provisions
for
an
application
for
a
permit,
a
major
revision
of
a
permit,
or
a
renewal
of
a
permit.
These
provisions
require
public
notice
by
the
operator,
allow
the
submission
of
public
comments
within
30
days
of
notice,
and
require
public
accessibility
to
the
application,
comments,
and
the
final
written
decision
of
the
permitting
authority
(
the
permitting
authority
must
also
notice
their
decision
to
the
applicant,
commenters,
and
local
government
officials).
Under
OSM
guidance,
any
permit
revision
application
proposing
coal
combustion
waste
placement
is
a
major
permit
revision
subject
to
these
requirements.

During
Placement
Ongoing
Waste
Characterization
Not
required.
The
operator,
however,
must
ensure
that
leachate
and
drainage
from
non­
coal
mine
waste
disposal
areas
does
not
degrade
surface
or
groundwater,
which
may
necessitate
performing
waste
characterization.

Ground­
water
Monitoring
A
ground­
water
monitoring
plan
based
upon
the
PHC
determination
is
required.
The
plan
shall
provide
for:
°
Monitoring
of
parameters
that
relate
to
the
suitability
of
the
groundwater
for
current
and
approved
postmining
land
uses
and
to
the
objectives
for
protection
of
hydrologic
balance
(
see
below
under
performance
standards).
°
At
a
minimum,
monitoring
for
TDS
or
specific
conductance,
pH,
total
iron,
total
manganese,
and
water
levels.
°
Submission
of
data
every
3
months.
DRAFT
Table
1.
Federal
SMCRA
Regulations/
Guidance
Applicable
to
the
Mine
Placement
of
Coal
Combustion
Wastes
State
CCW
Mine
Placement
Regulations
and
Policy
6
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
The
regulatory
authority
may
require
additional
monitoring.

Performance
Standards
For
disposal
of
non­
coal
mine
waste,
placement
and
storage
shall
ensure
that
leachate
and
surface
runoff
do
not
degrade
surface
or
groundwater.

All
surface
mining
and
reclamation
activities
shall
be
conducted
to:
°
Minimize
disturbance
to
the
hydrologic
balance
within
the
permit
and
adjacent
areas.
°
Prevent
material
damage
to
the
hydrologic
balance
outside
the
permit
area.
°
Ensure
protection
or
replacement
of
water
rights.
°
Support
approved
post­
mining
land
uses.
Under
OSM
guidance,
these
performance
standards
should
be
specifically
applied
to
coal
combustion
waste
placement.

Enforceable
Limits
Compliance
with
all
applicable
Federal
and
State
water
quality
requirements,
Federal
and
State
air
quality
requirements,
and
Endangered
Species
Act
provisions
is
required.

Operation
of
non­
coal
mine
waste
disposal
sites
shall
be
conducted
in
compliance
with
all
local,
State,
and
Federal
requirements.

Corrective
Action
Each
permit
shall
be
subject
to
the
following
condition:
the
permittee
shall
take
all
possible
steps
to
minimize
any
adverse
impact
to
the
environment
or
public
health
and
safety
resulting
from
noncompliance
with
any
term
or
condition
of
the
permit
including,
but
not
limited
to:
°
Any
accelerated
or
additional
monitoring
necessary
to
determine
the
nature
and
extent
of
noncompliance
and
the
results
of
the
noncompliance.
°
Immediate
implementation
of
measures
necessary
to
comply.
°
Warning,
as
soon
as
possible
after
learning
of
such
noncompliance,
any
person
whose
health
and
safety
is
in
imminent
danger
due
to
the
noncompliance.

Operational
Requirements/
Placement
Engineering
For
non­
coal
mine
waste
disposal
areas,
wastes
shall
be
routinely
compacted
and
covered
to
prevent
wind­
borne
waste.

Surface
mining
operators
must
develop
an
operation
plan,
air
pollution
control
plan,
and
fish
and
wildlife
protection
and
enhancement
plan.
The
operation
plan
must
include
a
description
of
the
operation
of
facilities,
such
as
impoundments,
overburden
and
topsoil
storage
areas,
and
non­
coal
waste
disposal
areas.
Under
OSM
guidance,
the
operation
plan
should
address
coal
combustion
waste
placement.
Also
under
OSM
guidance,
DRAFT
Table
1.
Federal
SMCRA
Regulations/
Guidance
Applicable
to
the
Mine
Placement
of
Coal
Combustion
Wastes
State
CCW
Mine
Placement
Regulations
and
Policy
7
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
the
air
pollution
control
plan
should
specifically
address
coal
combustion
waste
placement
operations,
including
fugitive
dust
control
during
transport
and
placement
within
the
permit
area.

Disturbed
areas
shall
be
backfilled
and
graded
to:
°
Achieve
the
approximate
original
contour.
°
Eliminate
all
high
walls,
spoil
piles,
and
depressions.
°
Achieve
an
appropriate
post­
mining
slope.
°
Minimize
erosion
and
water
pollution.
°
Support
the
approved
post­
mining
land
use.
Under
OSM
guidance,
coal
combustion
waste
placement
should
comply
with
the
backfill,
grading,
and
approximate
original
contour
requirements.

Also
under
OSM
guidance:
°
Coal
combustion
waste
should
not
be
disposed
in
mined­
out
areas
if
spoil
would
be
displaced
and
disposed
as
excess
spoil.
°
The
timing
of
coal
combustion
waste
placement
operations
should
be
based
on
completion
of
mining
and
reclamation
operations
in
accordance
with
contemporaneous
reclamation
performance
standards.

Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Ground­
water
monitoring
as
described
above
must
proceed
through
the
mining
period
and
continue
during
reclamation
until
bond
release.

Performance
Bonding
or
Financial
Assurance
A
performance
bond
is
required.
°
The
bond(
s)
must
cover
the
entire
permit
area.
°
The
operator
must
file
additional
bonds
to
cover
succeeding
increments.
°
The
operator
must
file
both
cumulative
and
incremental
bond
schedules.
°
The
period
of
liability
shall
be
for
the
duration
of
the
operation
and
for
a
period
until
successful
revegetation
or
achievement
of
the
reclamation
requirements.
°
Release
of
the
performance
bonds
are
contingent
upon
the
successful
completion
of
the
reclamation
plan
(
including
revegetation).

Other
Closure/
Post­
closure
Requirements
Final
disposal
of
non­
coal
mine
wastes
requires:
°
A
minimum
of
2
feet
of
soil
cover.
°
Slope
stabilization.
DRAFT
Table
1.
Federal
SMCRA
Regulations/
Guidance
Applicable
to
the
Mine
Placement
of
Coal
Combustion
Wastes
State
CCW
Mine
Placement
Regulations
and
Policy
8
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
°
Revegetation.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
9
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Table
2.
Summary
of
Structure
of
State
Regulatory
Programs
for
Mine
Placement
of
CCW
State
Current
Coal
Mine
Placement?
Beneficial
Use/
Disposal
Distinction?
Applicable
Regulations
Public
Participation?
Non­
coal
Placement
Regulations?
[
1]
Mining
Solid
Waste
AL
Yes
No
T
T
Yes
AK
Yes
No
T
T
Yes
AZ
Yes
No
T
(
federal)
T
Yes
CO
Yes
No
T
T
Yes
Yes
IL
Yes
Yes,
based
on
volume
T
T
Yes
IN
Yes
No
T
Yes
KY
Yes
Yes,
based
on
purpose
T
T
Yes
MD
Yes
No
T
T
No
Yes
MO
Yes
Yes,
based
on
purpose
&
ecological
risk
T
T
Yes
Yes
MT
Yes
No
T
CBC
NM
Yes
No
T
No
ND
Yes
No
T
T
Yes
OH
Yes
Yes,
based
on
volume
T
T
Yes
PA
Yes
Yes,
based
on
environmental
benefit
T
T
Yes
Yes
TX
Yes
Yes,
based
on
purpose
T
T
Yes
WA
Yes
No
T
(
federal)
T
Yes
WV
Yes
Yes,
based
on
volume
T
T
Yes
DRAFT
Table
2.
Summary
of
Structure
of
State
Regulatory
Programs
for
Mine
Placement
of
CCW
State
Current
Coal
Mine
Placement?
Beneficial
Use/
Disposal
Distinction?
Applicable
Regulations
Public
Participation?
Non­
coal
Placement
Regulations?
[
1]
Mining
Solid
Waste
State
CCW
Mine
Placement
Regulations
and
Policy
10
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
WY
Yes
No
T
T
Yes
Placement
in
Coal
Mines
Not
Currently
Occurring
[
2]

AR
No
No
T
T
Yes
KS
No
(
limestone
mine
only)
No
T
T
Yes
Yes
LA
No
No
T
T
[
3]

MI
No
(
limestone
mine
only)
No
T
(
federal)
T
No
Yes
OK
No
(
non­
coal
mines
only)
No
T
[
3]

TN
No
No
T
(
federal)
T
[
3]

UT
No
No
T
[
3]

VA
No
Yes,
based
on
purpose
T
Yes
Key:

T
Applicable
CBC
Case­
by­
case
requirement
Footnotes:
[
1]
This
column
identifies
States
where
non­
coal
mine
placement
regulations
are
in
place
and
information
on
these
programs
was
available.
[
2]
Coal
mine
placement
has
yet
to
occur
in
these
States,
so
the
information
presented
here
is
based
on
the
requirements
that
would
likely
apply
were
placement
to
occur.
[
3]
Coal
mine
placement
has
yet
to
occur
in
this
State,
therefore,
applicable
public
participation
requirements
have
yet
to
be
determined.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
11
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Table
3.
Summary
of
State
Requirements
for
Mine
Placement
of
CCW
That
Are
in
Addition
to
Federal
SMCRA
Requirements
State
Site
Characterization
Reclamation
Plan
Siting
Restrictions
Waste
Characterization
(
before
&
during
placement)
Waste
Characterization
Limits
Acid
Mine
Drainage
Ground­
water
Monitoring
(
during
&
after
placement)
Enforceable
Limits
Operational
Requirements
Financial
Assurance/
Bonding
Other
Closure
Ground­
water
Table
Restrictions
Volume
Restrictions
Other
Operational
AL
T
(
before)
T
AK
T
T
(
both)
T
AZ
T
(
before)
CBC
(
both)
T
CBC
T
T
CO
T
T
T
(
both)
T
(
both)
T
T
T
T
CBC
IL
D
T
T
(
both)
T
T
(
during)
CBC
(
after)
T
T
T
BU
T
(
before)
T
T
IN
T
T
T
(
both)
T
T
(
during)
T
T
T
KY
T
T
T
(
both)
T
T
(
both)
T
T
T
T
T
T
MD
T
T
(
before)
T
MO
T
T
(
before)
T
T
(
during)
CBC
(
after)
T
T
MT
T
T
(
before)
T
T
(
both)
T
NM
T
T
(
before)
T
T
(
during)
CBC
(
after)
T
T
ND
T
T
T
(
before)
T
(
both)
T
T
T
OH
D
CBC
T
T
(
both)
T
CBC
(
both)
T
T
T
BU
T
T
T
(
both)
T
T
T
(
during)
T
T
T
PA
[
1]
T
T
T
(
both)
T
T
T
(
both)
T
T
T
T
TX
D
T
T
(
before)
CBC
(
both)
T
T
T
T
DRAFT
Table
3.
Summary
of
State
Requirements
for
Mine
Placement
of
CCW
That
Are
in
Addition
to
Federal
SMCRA
Requirements
State
Site
Characterization
Reclamation
Plan
Siting
Restrictions
Waste
Characterization
(
before
&
during
placement)
Waste
Characterization
Limits
Acid
Mine
Drainage
Ground­
water
Monitoring
(
during
&
after
placement)
Enforceable
Limits
Operational
Requirements
Financial
Assurance/
Bonding
Other
Closure
Ground­
water
Table
Restrictions
Volume
Restrictions
Other
Operational
State
CCW
Mine
Placement
Regulations
and
Policy
12
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
BU
T
WA
T
T
(
during)
T
WV
T
T
(
both)
T
CBC
T
WY
T
(
before)
T
Placement
in
Coal
Mines
Not
Currently
Occurring
[
2]

AR
T
(
before)
T
CBC
(
during)
T
KS
T
CBC
CBC
(
during)
T
CBC
CBC
LA
In
Louisiana,
there
is
currently
no
placement
of
CCW
in
mines
and
applicable
requirements
have
yet
to
be
determined
by
State
regulators.

MI
T
T
T
(
before)
T
T
T
OK
In
Oklahoma,
there
is
currently
no
placement
of
CCW
in
coal
mines
and
applicable
requirements
have
yet
to
be
determined
by
State
regulators.

TN
T
CBC
(
both)
T
T
CBC
T
UT
In
Utah,
there
is
currently
no
placement
of
CCW
in
mines
and
applicable
requirements
have
yet
to
be
determined
by
State
regulators.

VA
T
T
T
(
before)
CBC
T
Key:

T
Required
CBC
Case­
by­
case
requirement
D
Disposal
requirements
BU
Beneficial
use
requirements
Footnotes:
[
1]
The
requirements
vary
slightly
depending
on
whether
use
is
regulated
as
CCW
placement,
alkaline
addition,
low
permeability,
or
soil
additive.
[
2]
Coal
mine
placement
has
yet
to
occur
in
these
States,
so
the
information
presented
here
is
based
on
the
requirements
that
would
likely
apply
were
placement
to
occur.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
13
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
ALABAMA
In
Alabama,
the
placement
of
CCW
in
mines
is
subject
to
applicable
State
mining
regulations,
which
are
substantively
identical
to
the
Federal
SMCRA
regulations.
In
addition,
the
Alabama
Surface
Mining
Commission
(
SMC)
has
internal
policy
that
specifically
addresses
CCW
placement.
This
policy,
among
other
things,
requires
that
disposal
of
CCW
in
mine
pits
requires
a
permit
from
the
Alabama
Department
of
Environmental
Management's
Solid
Waste
Division
(
SWD).
Alabama's
solid
waste
program
regulations
(
see
Regulation
of
Landfills
and
Surface
Impoundments
Managing
Coal
Combustion
Waste
in
26
States,
December
14,
2000),
however,
specifically
EXCLUDE
wastes
which
result
from
the
combustion
of
coal
at
electric
generating
plants
from
the
definition
of
industrial
solid
waste.
On
a
case­
by­
case
basis,
fly
ash
and
bottom
ash
may
be
considered
special
wastes
under
the
solid
waste
regulations.
Solid
waste
permit
requirements
for
special
wastes
are
determined
on
a
case­
by­
case
basis.

References
Alabama
Regulations:
§
§
335­
13­
1­.
03(
12),
(
63),
and
(
134)

AAC
Chapter
880­
X
Randall
Johnson,
Director,
Surface
Mining
Commission
(
personal
communication,
4/
26/
01)
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
14
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
ALABAMA
Regulatory
Agency
Oversight
°
Alabama
Surface
Mining
Commission
(
SMC)
°
Alabama
Department
of
Environmental
Management,
Solid
Waste
Division
(
SWD)

Allowed
Uses
°
Disposal
in
mine
pits.
°
Placement
on
the
surface
of
reclaimed
sites.

Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
None
specified.

Site
Characterization
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Siting
Restrictions
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Reclamation
Plan
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Waste
Characterization
The
SMC
allows
disposal
of
CCW
on
the
surface
of
reclamation
areas
if
tests
are
conducted
demonstrating
that
it
is
suitable
as
a
soil
amendment
and
it
does
not
contain
toxic
or
hazardous
materials
which
will
contaminate
ground
or
surface
water.
The
internal
policy
does
not
prescribe
specific
procedures
for
this
testing.
Waste
Characteristic
Limits
Address
Acid­
Base
Balance/
Acid
Mine
Drainage
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

State
Approval
Required
to
Proceed
SMC
requires
a
major
modification
to
the
mining
permit
for
CCW
placement
in
mine
pits
(
while
use
as
a
soil
amendment
would
be
a
minor
amendment).
In
addition,
disposal
in
mine
pits
requires
a
solid
waste
disposal
permit
from
SWD.

Public
Participation
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
DRAFT
ALABAMA
State
CCW
Mine
Placement
Regulations
and
Policy
15
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
During
Placement
Ongoing
Waste
Characterization
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Performance
Standards
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Enforceable
Limits
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Corrective
Action
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Operational
Requirements/
Placement
Engineering
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Performance
Bonding
or
Financial
Assurance
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Other
Closure/
Post­
closure
Requirements
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
16
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
ALASKA
In
Alaska,
the
placement
of
CCW
in
mines
is
subject
to
applicable
State
mining
regulations,
which
are
substantively
identical
to
the
Federal
SMCRA
regulations.
In
addition,
under
the
solid
waste
program,
CCW
is
regulated
as
inert
waste
and,
when
placed
in
mines,
is
subject
to
applicable
solid
waste
regulations.
These
regulations
require
a
permit
and
include
the
following:

°
Siting
restrictions,
°
State
approval
process,
°
Ground­
water
monitoring
(
during
and
after
placement)
on
a
case­
by­
case
basis,
°
Corrective
action,
and
°
Financial
assurance.

Currently,
all
coal
ash
in
Alaska
comes
from
a
single
source
 
the
Usibelli
Coal
Mine
in
Healy.
They
minefill
the
ash
generated
from
their
own
operations.

References
Alaska
Regulations:
18
AAC
60.990(
64);
18
AAC
60.460;
11
AAC
Chapter
90
Bruce
Buzby,
Division
of
Mining,
Land,
and
Water,
Alaska
Department
of
Environmental
Conservation
(
personal
communication,
4/
23/
01)

Heather
Stockard
and
Nancy
Sonafrank,
Solid
Waste
Management,
Division
of
Environmental
Health,
Alaska
Department
of
Environmental
Conservation
(
personal
communication,
4/
20/
01)
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
17
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
ALASKA
Regulatory
Agency
Oversight
Alaska
Department
of
Environment
Conservation:
°
Division
of
Mining,
Land,
and
Water
°
Division
of
Environmental
Health,
Solid
Waste
Management
(
SWM)

Allowed
Uses
Mine
placement.

Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
None
specified.

Site
Characterization
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Siting
Restrictions
Substantively
similar
to
federal
SMCRA,
plus:
°
Not
on
slopes
greater
than
10%
grade
or
on
unstable
soils.
°
Floodplain
restrictions.
°
Not
within
10
feet
of
highest
measured
level
of
an
aquifer.

Reclamation
Plan
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Waste
Characterization
Not
required
(
as
per
federal
SMCRA).

Waste
Characteristic
Limits
None
specified
(
as
per
federal
SMCRA).

Address
Acid­
Base
Balance/
Acid
Mine
Drainage
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

State
Approval
Required
to
Proceed
Substantively
similar
to
federal
SMCRA,
plus:
A
standard
inert
waste
disposal
permit
is
required.

Public
Participation
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
DRAFT
ALASKA
State
CCW
Mine
Placement
Regulations
and
Policy
18
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
During
Placement
Ongoing
Waste
Characterization
Not
required
(
as
per
federal
SMCRA).

Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
plus:
Monitoring
specific
to
CCW
placement
is
required
if
SWM:
°
Determines
that
non­
inert
waste
is
or
has
been
present
at
the
site.
°
Detects
evidence
of
a
spill
or
ground­
water
contamination.
°
Finds
unexplained
contamination
in
nearby
wells.

If
such
monitoring
is
needed:
°
Must
establish
background
water
quality.
°
Detection
monitoring
required
 
must
determine
whether
there
is
a
statistically
significant
increase
over
background
values.
If
so,
assessment
monitoring
must
be
performed.

Performance
Standards
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Enforceable
Limits
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Corrective
Action
Substantively
similar
to
federal
SMCRA,
plus:
Corrective
measures
must
be
performed
if
detection
monitoring
determines
there
is
a
statistically
significant
increase
over
background
(
see
above).

Operational
Requirements/
Placement
Engineering
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
DRAFT
ALASKA
State
CCW
Mine
Placement
Regulations
and
Policy
19
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
plus:
If
additional
ground­
water
monitoring
is
required
by
SWM
for
the
disposal
period,
it
must
continue
through
the
postclosure
care
period.

Performance
Bonding
or
Financial
Assurance
Substantively
similar
to
federal
SMCRA,
plus:
SWM
requires
proof
of
financial
responsibility
for
disposal
area
to
cover
closure
and
post­
closure
care
using
selfinsurance
insurance,
surety,
or
other
guarantee
approved
by
SWM.

Other
Closure/
Post­
closure
Requirements
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
20
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
ARIZONA
In
Arizona,
the
placement
of
CCW
in
mines
is
subject
to
applicable
Federal
mining
regulations
 
the
mining
program
is
administered
by
the
US
Department
of
the
Interior's
Office
of
Surface
Mine
Reclamation
and
Enforcement
(
OSM)
rather
than
the
State.
Under
the
State's
solid
waste
program,
if
CCW
is
classified
as
inert
material
by
the
Arizona
Department
of
Environmental
Quality
(
ADEQ),
it
is
exempt
from
State
solid
waste
permitting
regulations.
Inert
material
is
defined
as
material
that:
1)
is
not
flammable,
2)
will
not
decompose,
3)
will
not
leach
substances
in
concentrations
that
exceed
applicable
aquifer
water
quality
standards
when
subjected
to
a
water
leach
test
that
is
designed
to
approximate
natural
infiltrating
waters.
If
CCW
is
not
classified
as
inert,
the
disposal
of
it
would
require
the
mine
operator
to
provide
ADEQ
with
a
notice,
operate
in
accordance
with
40
CFR
257,
and
obtain
an
Aquifer
Protection
Permit
(
APP)
(
see
Regulation
of
Landfills
and
Surface
Impoundments
Managing
Coal
Combustion
Waste
in
26
States,
December
14,
2000).
Specifically,
the
requirements
address:

°
Waste
characterization,
°
State
approval
process,
°
Ground­
water
monitoring
(
during
and
after
placement)
on
a
case­
by­
case
basis,
°
Enforceable
limits,
°
Corrective
action,
°
Operational
requirements/
placement
engineering,
°
Financial
assurance,
and
°
Closure
References
Arizona
Statutes:
ARS
§
§
49­
241,
49­
701(
15),
49­
701.01(
B)(
17),
49­
762.07(
A),
and
49­
762.07(
E)

Barry
Abbott,
Arizona
Department
of
Environmental
Quality,
Waste
Programs
Division
(
personal
communication,
5/
4/
01)
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
21
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
ARIZONA
Regulatory
Agency
Oversight
°
US
Department
of
the
Interior
OSM
°
Arizona
Department
of
Environmental
Quality,
Waste
Programs
Division
Allowed
Uses
Mine
placement.

Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
None
specified.

Site
Characterization
Regulated
by
OSM
under
federal
SMCRA,
no
additional
requirements.

Siting
Restrictions
Regulated
by
OSM
under
federal
SMCRA,
no
additional
requirements.

Reclamation
Plan
Regulated
by
OSM
under
federal
SMCRA,
no
additional
requirements.

Waste
Characterization
Characterization
using
a
water
leach
test
that
is
designed
to
approximate
natural
infiltrating
waters
is
required
to
determine
if
the
waste
is
subject
to
ADEQ
permitting
requirements.

Waste
Characteristic
Limits
None
specified
(
as
per
federal
SMCRA).

Address
Acid­
Base
Balance/
Acid
Mine
Drainage
Regulated
by
OSM
under
federal
SMCRA,
no
additional
requirements.

State
Approval
Required
to
Proceed
Regulated
by
OSM
under
federal
SMCRA,
plus:
If
the
CCW
does
not
meet
the
definition
of
inert,
an
Aquifer
Protection
Permit
from
ADEQ
would
be
required,
and
additional
operating
requirements
would
apply.

Public
Participation
Regulated
by
OSM
under
federal
SMCRA,
no
additional
requirements.
DRAFT
ARIZONA
State
CCW
Mine
Placement
Regulations
and
Policy
22
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
During
Placement
Ongoing
Waste
Characterization
Not
required
(
as
per
federal
SMCRA).

Ground­
water
Monitoring
Regulated
by
OSM
under
federal
SMCRA,
plus:
If
the
CCW
does
not
meet
the
definition
of
inert,
additional
ground­
water
monitoring
may
be
required
under
the
Aquifer
Protection
Permit.

Performance
Standards
Regulated
by
OSM
under
federal
SMCRA,
no
additional
requirements.

Enforceable
Limits
Regulated
by
OSM
under
federal
SMCRA,
plus:
If
the
CCW
does
not
meet
the
definition
of
inert,
the
Aquifer
Protection
Permit
would
establish
a
compliance
boundary
and
alert
levels
that
may
trigger
corrective
action.

Corrective
Action
Regulated
by
OSM
under
federal
SMCRA,
plus:
If
the
CCW
does
not
meet
the
definition
of
inert,
Aquifer
Protection
Permit
corrective
action
provisions
would
apply.

Operational
Requirements/
Placement
Engineering
Regulated
by
OSM
under
federal
SMCRA,
plus:
If
the
CCW
does
not
meet
the
definition
of
inert,
additional
operating
requirements
may
be
established
under
the
Aquifer
Protection
Permit.

Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Regulated
by
OSM
under
federal
SMCRA,
plus:
If
the
CCW
does
not
meet
the
definition
of
inert,
additional
ground­
water
monitoring
may
be
required
under
the
Aquifer
Protection
Permit.

Performance
Bonding
or
Financial
Assurance
Regulated
by
OSM
under
federal
SMCRA,
plus:
If
the
CCW
does
not
meet
the
definition
of
inert,
Aquifer
Protection
Permit
financial
assurance
requirements
would
apply.

Other
Closure/
Post­
closure
Requirements
Regulated
by
OSM
under
federal
SMCRA,
plus:
If
the
CCW
does
not
meet
the
definition
of
inert,
closure
and
post­
closure
plans
would
be
required
under
the
Aquifer
Protection
Permit,
with
additional
closure
requirements
determined
on
a
case­
by­
case
basis.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
23
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
ARKANSAS
In
Arkansas,
there
is
currently
no
placement
of
CCW
in
active
mines.
If
placement
were
to
occur,
it
would
be
subject
to
applicable
State
mining
regulations,
which
are
substantively
similar
to
the
Federal
SMCRA
regulations.
In
addition,
since
CCW
is
defined
as
industrial
solid
waste,
a
solid
waste
disposal
permit
would
be
required
for
mine
placement,
with
review
and
approval
from
the
Mining
Division.
According
to
Jerry
Delavan
of
the
Arkansas
Department
of
Environmental
Quality,
internal
policy
would
apply
additional
requirements
to
mine
placement
projects
in
the
following
areas:

°
Waste
characterization
(
pre­
placement
and
during
placement),
°
Waste
characteristic
limits,
°
State
approval
process,
°
Ground­
water
monitoring,
and
°
Operational
requirements/
placement
engineering.

References
Arkansas
Statutes:
ACA
15­
58­
101
to
15­
58­
510
Arkansas
Regulations:
APC
&
EC
Solid
Waste
Regulation
No.
22
§
102;
APC
&
EC
Surface
Coal
Mining
and
Reclamation
Code
No.
20
Jerry
Delavan,
Arkansas
Department
of
Environmental
Quality,
Solid
Waste
Management
Division
(
personal
communication,
4/
24/
01)
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
24
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
ARKANSAS
Regulatory
Agency
Oversight
Arkansas
Department
of
Environmental
Quality:
°
Mining
Division
°
Solid
Waste
Management
Division
Allowed
Uses
Mine
placement.

Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
None
specified.

Site
Characterization
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Siting
Restrictions
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Reclamation
Plan
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Waste
Characterization
Under
the
solid
waste
program's
internal
policy,
the
CCW
would
need
to
pass
a
TCLP
test
prior
to
placement.

Waste
Characteristic
Limits
Address
Acid­
Base
Balance/
Acid
Mine
Drainage
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

State
Approval
Required
to
Proceed
Substantively
similar
to
federal
SMCRA,
plus:
A
solid
waste
permit
would
be
required,
with
review
and
approval
by
the
Mining
Division.

Public
Participation
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
DRAFT
ARKANSAS
State
CCW
Mine
Placement
Regulations
and
Policy
25
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
During
Placement
Ongoing
Waste
Characterization
Under
the
solid
waste
program's
internal
policy,
the
CCW
would
need
to
pass
a
TCLP
test
during
active
disposal.

Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
plus:
Under
the
solid
waste
program's
internal
policy,
additional
monitoring
might
be
required.

Performance
Standards
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Enforceable
Limits
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Corrective
Action
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Operational
Requirements/
Placement
Engineering
Substantively
similar
to
federal
SMCRA,
plus:
Under
the
solid
waste
program's
internal
policy,
the
site
would
need
to
meet
an
in­
situ
hydraulic
conductivity
standard
of
1.0
x
10­
5.

Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Performance
Bonding
or
Financial
Assurance
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Other
Closure/
Post­
closure
Requirements
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
26
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
COLORADO
In
Colorado,
the
Colorado
Department
of
Natural
Resources,
Division
of
Minerals
and
Geology
(
CDMG)
has
dual
jurisdiction
with
the
Colorado
Department
of
Public
Health
and
the
Environment,
Solid
Waste
Division
(
CDPHE)
for
the
disposal
of
CCW
in
mines.
The
activity
is
subject
to
applicable
State
mining
regulations,
which
are
substantively
similar
to
the
Federal
SMCRA
regulations.
Specific
requirements
are
determined
on
a
site­
by­
site
basis.
CDMG,
however,
generally
considers
requirements
in
the
following
areas:

°
Site
characterization,
°
Siting
restrictions,
°
Waste
characterization
(
pre­
placement
and
during
placement),
°
State
approval
process,
°
Public
participation,
°
Ground­
water
monitoring,
°
Enforceable
limits,
°
Operational
requirements/
placement
engineering,
and
°
Financial
assurance.

In
addition,
CCW
is
defined
as
industrial
solid
waste
and
its
disposal
in
a
mine
requires
a
solid
waste
permit
 
issued
by
the
local
governmental
entity
under
the
authority
of
the
CDPHE
 
called
the
Certification
of
Designation
(
see
Regulation
of
Landfills
and
Surface
Impoundments
Managing
Coal
Combustion
Waste
in
26
States,
December
14,
2000).
The
issuance
of
the
Certificate
of
Designation
involves
coordination
between
CDMG,
CDPHE,
and
the
local
government
authority.
The
solid
waste
program
could
apply
additional
requirements
to
CCW
placement
projects
under
the
Certificate
of
Designation,
but
has
thus
far
deferred
to
CDMG's
requirements.

Colorado
also
has
a
mining
regulatory
program
applicable
to
non­
coal
mines
that
is
similar
to
the
SMCRA­
based
program
for
coal
mines.
Requirements
for
CCW
placement
under
this
program
are
implemented
similarly
to
those
described
above
for
coal
mines.
The
State
has
denied
two
permits
for
CCW
placement
in
gravel
pits
and
recently
approved
one
project
for
placement
in
a
gravel
pit.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
27
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
References
Colorado
Statutes:
CRS
34­
33­
101
Colorado
Regulations:
2
CCR
407­
2;
6
CCR
1007­
2­
1.2
David
Berry,
Coal
Program,
Colorado
Division
of
Minerals
and
Geology,
Colorado
Department
of
Natural
Resources
(
personal
communication,
4/
26/
01)

Glenn
Mallory,
Solid
Waste
Division,
Colorado
Department
of
Public
Health
and
the
Environment
(
personal
communication,
5/
21/
01)

Mike
Long,
Division
of
Minerals
and
Geology,
Colorado
Department
of
Natural
Resources.
Presentation
at
IMCC
Intergovernmental
Forum
on
Mine
Placement
of
Coal
Combustion
Wastes.
May
15­
16,
2001.
St.
Louis,
Missouri.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
28
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
COLORADO
Regulatory
Agency
Oversight
°
Colorado
Department
of
Natural
Resources,
Division
of
Minerals
and
Geology
(
CDMG)
°
Colorado
Department
of
Public
Health
and
the
Environment,
Solid
Waste
Division
(
CDPHE)
°
Local
governmental
entities
Allowed
Uses
Mine
placement.

Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
None
specified.

Site
Characterization
Substantively
similar
to
federal
SMCRA,
plus:
Requirements
specific
to
CCW
placement
determined
on
a
site­
by­
site
basis.
The
two
active
CCW
placement
projects
required
a
minimum
of
12
months
of
background
monitoring,
plus
geologic
background
data.

Siting
Restrictions
Substantively
similar
to
federal
SMCRA,
plus:
Requirements
specific
to
CCW
placement
determined
on
a
site­
by­
site
basis.
The
two
active
CCW
placement
projects
required
no
disposal
in
the
flood
plain.

Reclamation
Plan
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Waste
Characterization
A
detailed
materials
analysis
is
required.
TCLP
testing
was
required
at
one
of
the
two
active
CCW
placement
projects.

Waste
Characteristic
Limits
None
specified
(
as
per
federal
SMCRA).

Address
Acid­
Base
Balance/
Acid
Mine
Drainage
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

State
Approval
Required
to
Proceed
Substantively
similar
to
federal
SMCRA,
plus:
In
addition
to
permitting
under
the
Colorado
Surface
Mining
Reclamation
Act,
a
Certificate
of
Designation
is
required.
The
process
involves
coordination
between
CDMG,
CDPHE,
and
the
local
government
authority
responsible
for
issuing
the
Certificate
of
Designation
for
disposal.

Public
Participation
Public
notice
and
involvement
are
required
under
the
Certificate
of
Designation
and
SMCRA
programs.
Citizen
suits
are
allowed.
DRAFT
COLORADO
State
CCW
Mine
Placement
Regulations
and
Policy
29
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
During
Placement
Ongoing
Waste
Characterization
Required,
details
determined
on
a
site­
specific
basis.

Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
plus:
Requirements
specific
to
CCW
placement
determined
on
a
site­
by­
site
basis.
The
two
active
CCW
placement
projects
require
quarterly
monitoring
for
all
parameters,
and
monthly
monitoring
for
indicators.

Performance
Standards
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Enforceable
Limits
Substantively
similar
to
federal
SMCRA,
plus:
Requirements
specific
to
CCW
placement
determined
on
a
site­
by­
site
basis.
The
two
active
CCW
placement
projects
have
zero
degradation
standards
for
groundwater.

Corrective
Action
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Operational
Requirements/
Placement
Engineering
Substantively
similar
to
federal
SMCRA,
plus:
Requirements
specific
to
CCW
placement
determined
on
a
site­
by­
site
basis.
Generally:
°
Placement
of
ash
in
coal
mines
is
conducted
to
ensure
isolation
from
both
the
hydrologic
system
and
with
extensive
cover
to
isolate
the
materials
from
any
root
zone.
°
CCW
volume
restrictions
are
determined
on
a
site­
by­
site
basis.
°
Annual
hydrology
and
reclamation
reports
are
required
at
the
two
active
CCW
placement
projects.

Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
plus:
Additional
monitoring
requirements
may
be
applied
on
a
case­
by­
case
basis.

Performance
Bonding
or
Financial
Assurance
Substantively
similar
to
federal
SMCRA,
plus:
Additional
financial
assurance
requirements
may
be
applied
on
a
case­
by­
case
basis.

Other
Closure/
Post­
closure
Requirements
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
30
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
ILLINOIS
The
Illinois
Department
of
Natural
Resources
Office
of
Mines
and
Minerals
(
IOMM)
has
dual
jurisdiction
over
disposal
and
beneficial
use
of
CCW
on
abandoned
and
active
mine
sites
with
the
Illinois
Environmental
Protection
Agency
(
IEPA).
The
Illinois
Environmental
Protection
Act
allows
for
disposal
of
CCW
in
an
active
coal
mine
facility
if
the
activity
is
provided
for
in
the
approved
refuse
disposal
plan
under
the
existing
National
Pollutant
Discharge
Elimination
System
(
NPDES)
and/
or
Subtitle
D
solid
waste
permits.
Alternatively,
the
Act
allows
for
disposal
of
CCW
at
an
active
coal
mine
if
IOMM's
CCW­
specific
disposal
requirements
are
satisfied.

IOMM's
CCW­
specific
disposal
requirements
(
both
law
and
policy)
satisfy
both
the
mining
and
the
solid
waste
programs
for
CCW
disposal.
These
requirements
specify
the
need
for
separate
approvals
from
IOMM
and
IEPA
(
which
can
be
accomplished
through
a
mining
permit
application
or
major
revision)
and
include
the
following:

°
Site
characterization,
°
Waste
characterization
(
both
pre­
placement
and
during
placement),
°
Acid
mine
drainage
°
State
approval
process,
°
Ground­
water
monitoring,
°
Performance
standards,
°
Enforceable
limits,
°
Corrective
action,
and
°
Operational
requirements/
placement
engineering.

These
requirements
apply
to
active
mines
only,
the
requirements
for
CCW
minefilling
in
abandoned
mines
are
coordinated
by
IOMM
and
IEPA
on
a
case­
specific
basis.

In
addition,
the
beneficial
reuse
of
CCW
is
statutorily
allowed
by
IOMM
for
several
purposes
including
mine
subsidence
control,
mine
fire
control,
mine
sealing,
and
mine
reclamation.
IOMM
policy
regarding
such
uses
is
included
in
the
table
below.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
31
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
References
Illinois
Statutes:
415
ILCS
5/
21(
r);
415
ILCS
5/
3.94
(
P.
A.
89­
93);
225
ILCS
720
Illinois
Regulations:
62
Ill.
Adm.
Code
1700
­
1850
Land
Reclamation
Memorandums
92­
11,
95­
8,
and
95­
9
Dan
Wheeler,
Office
of
Mines
and
Minerals,
Illinois
Department
of
Natural
Resources
and
Larry
Crislip,
Mine
Pollution
Program,
Illinois
Environmental
Protection
Agency.
Presentation
at
IMCC
Intergovernmental
Forum
on
Mine
Placement
of
Coal
Combustion
Wastes.
May
15­
16,
2001.
St.
Louis,
Missouri.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
32
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
ILLINOIS
Disposal
Beneficial
Use
Regulatory
Agency
Oversight
°
Illinois
Office
of
Mines
and
Minerals
(
IOMM)
°
Illinois
Environmental
Protection
Agency
(
IEPA)

Allowed
Uses
°
Disposal
in
active
mines.
°
Mine
subsidence
control.
°
Mine
fire
control.
°
Mine
sealing.
°
Mine
reclamation.

Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
Projects
where
CCW
placement
exceeds
35%
of
the
volume
of
coal
extracted
are
defined
as
disposal.
Projects
where
CCW
placement
does
not
exceed
35%
of
the
volume
of
coal
extracted
are
defined
as
beneficial
use.

Site
Characterization
Substantively
similar
to
federal
SMCRA,
plus:
A
summary
of
ground­
water
monitoring
data
for
wells
in
the
vicinity
of
the
disposal
area
needs
to
be
submitted
in
application.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Siting
Restrictions
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Reclamation
Plan
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements,
plus:
Any
modifications
to
soil
grading,
covering
and/
or
amendment,
seeding
and
mulching
activities
related
specifically
to
the
application
area
shall
be
described.

Waste
Characterization
°
Lab
analysis
for
pH,
alkalinity,
acidity
and
TDS.
°
TCLP
for
19
metals
and
appropriate
leaching
procedure
for
chloride,
cyanide,
fluoride,
and
sulfate.
°
A
representative
weighted
composite
for
all
constituents
noted
here,
plus
antimony,
beryllium,
and
thallium.
°
Evaluation
for
19
constituents
utilizing
ASTM
method
D3987­
85.
DRAFT
ILLINOIS
Disposal
Beneficial
Use
State
CCW
Mine
Placement
Regulations
and
Policy
33
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Waste
Characteristic
Limits
None
specified
(
as
per
federal
SMCRA).
°
May
not
exceed
Class
I
Ground­
water
Standards
for
metals.

Address
Acid­
Base
Balance/
Acid
Mine
Drainage
°
pH
maintained
so
as
to
prevent
excessive
leaching
of
metal
ions.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

State
Approval
Required
to
Proceed
Substantively
similar
to
federal
SMCRA,
plus:
Separate
approvals
(
and
separate
permits)
from
IOMM
and
IEPA
required.
However,
may
be
applied
to
jointly
through
an
IOMM
permit
application
or
a
major
revision
of
an
existing
mining
permit.
Substantively
similar
to
federal
SMCRA,
plus:
Beneficial
uses
may
be
applied
for
through
a
permit
application,
major
or
minor
permit
revision,
or
incidental
boundary
revision
depending
on
the
situation
and
magnitude
of
the
changes
proposed.

Public
Participation
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

During
Placement
Ongoing
Waste
Characterization
°
Quarterly
sampling
and
reporting
on
each
CCW
source
to
establish
baseline.
Once
baseline
waste
characteristics
are
consistently
established,
operator
may
request
a
modification
of
monitoring
plan.
°
Any
changes
in
CCW
source
materials
or
mixture
requires
notification
and
submission
of
chemical
analysis
of
the
alternative
waste
source
material
or
mixture.
Not
required
(
as
per
federal
SMCRA).

Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
plus:
IOMM
or
IEPA
require
additional
parameters
to
be
added
to
the
plan
based
on
the
potential
for
leaching
as
determined
by
waste
mixture
testing.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Performance
Standards
Must
demonstrate
adequate
measures
will
be
used
to
protect
surface
water
and
groundwater
from
contamination
Must
demonstrate
that
the
use
of
the
CCW
will
have
no
adverse
impacts
to
the
environment.
DRAFT
ILLINOIS
Disposal
Beneficial
Use
State
CCW
Mine
Placement
Regulations
and
Policy
34
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
at
levels
prohibited
by
the
Illinois
Environmental
Protection
Act
and
the
Illinois
Ground­
water
Protection
Act.

Enforceable
Limits
Substantively
similar
to
federal
SMCRA,
plus:
May
not
exceed
storm
water
and
ground­
water
contamination
levels
established
by
the
Illinois
Environmental
Protection
Act
and
Ground­
water
Protection
Act.
If
exceeded,
corrective
action
requirements
will
apply.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Corrective
Action
Operational
Requirements/
Placement
Engineering
Substantively
similar
to
federal
SMCRA,
plus:
°
CCW
must
come
from
a
company
that
has
purchased
coal
from
the
mine.
°
The
amount
of
CCW
disposed
may
not
exceed
35%
of
annual
coal
sales.
°
Adequate
protection
from
wind
and
water
erosion
required,
including:
goal
of
no
visible
emissions,
and
minimize
contact
with
surface
water
and
direct
precipitation.
°
Liners
may
be
required
for
disposal
in
certain
groundwater
classes.
In­
situ
fire
clay
can
meet
the
liner
requirement.
Substantively
similar
to
federal
SMCRA,
plus:
°
CCW
cannot
be
mixed
with
hazardous
waste.
°
Erosion
control
measures.
°
Dust
control
measures.
°
Maps
of
application
areas.
°
Speculative
accumulation
is
not
permitted.
°
Notification,
documentation
of
quality,
and
certification
of
compliance
are
required.

Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
plus:
Additional
monitoring
may
be
required
on
a
case­
by­
case
basis
by
IOMM/
IEPA.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Performance
Bonding
or
Financial
Assurance
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
DRAFT
ILLINOIS
Disposal
Beneficial
Use
State
CCW
Mine
Placement
Regulations
and
Policy
35
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Other
Closure/
Post­
closure
Requirements
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
36
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
INDIANA
The
Indiana
Department
of
Natural
Resources,
Reclamation
Division
(
DNR­
RD)
has
sole
jurisdiction
over
the
disposal
and
beneficial
use
of
CCW
on
active
mine
sites
and
has
developed
policies
addressing
both.
The
disposal
of
CCW
at
mining
facilities
regulated
by
DNR­
RD
(
under
the
IC
14­
34
mining
regulations)
and
the
beneficial
uses
of
CCW
(
as
defined
by
DNR­
RD
policy)
are
exempt
from
the
State's
solid
waste
regulations.
Under
Indiana
statutes,
DNR­
RD's
regulation
of
mine
sites
can
be
no
more
stringent
than
federal
SMCRA
regulations.
DNR­
RD
has,
however,
adopted
policy
that
specifically
details
how
it's
SMCRA
program
requirements
apply
to
the
mine
placement
of
CCW.

The
DNR­
RD
preliminarily
adopted
in
November
1998
a
Proposed
Coal
Combustion
Waste
Disposal
Rule
(
published
in
the
Indiana
Register
on
February
1,
1999).
However,
it
has
not
attained
final
adoption
and
will
not
do
so
until
the
Indiana
Department
of
Environmental
Management
adopts
new
ground­
water
standards.
To
date,
this
has
not
occurred.
Until
such
time,
DNR­
RD's
CCW
disposal
program
will
continue
to
fall
under
the
authority
of
DNR's
policy
Memorandum
92­
1.
This
policy
addresses
the
following:

°
Site
characterization,
°
Siting
restrictions,
°
Reclamation
plan,
°
Waste
characterization
(
both
pre­
placement
and
during
placement),
°
Waste
characteristic
limits,
°
State
approval
process,
°
Ground­
water
monitoring
(
both
during
and
after
placement),
°
Operational
requirements/
placement
engineering,
and
°
Closure
requirements.

The
DNR­
RD's
beneficial
use
policy
allows
for
several
beneficial
uses
of
CCW
at
mine
sites,
including:
mine
subsidence,
mine
fire
control,
and
mine
sealing.
These
uses
are
not
regulated
by
DNR
(
under
either
the
mining
or
solid
waste
programs),
but
written
notification
must
be
provided
to
DNR­
RD
prior
to
the
planned
use.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
37
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
References
Indiana
Statutes:
IC
13­
9­
3­
3;
IC
14­
34
Indiana
Regulations:
310
IAC
12
DNR
Memorandum
92­
1:
Disposal
of
Coal
Combustion
Waste
on
Surface
Coal
Mines.
June
8,
1992.

DNR
Memorandum
99­
2:
Beneficial
Use
of
Coal
Combustion
Waste.
July
12,
1999.

Bruce
Stevens,
Director,
Reclamation
Division,
Indiana
Department
of
Natural
Resources
(
personal
communication,
4/
30/
01)

Bruce
Stevens,
Director,
Reclamation
Division,
Indiana
Department
of
Natural
Resources.
Presentation
at
IMCC
Intergovernmental
Forum
on
Mine
Placement
of
Coal
Combustion
Wastes.
May
15­
16,
2001.
St.
Louis,
Missouri.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
38
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
INDIANA
Regulatory
Agency
Oversight
°
Indiana
Department
of
Natural
Resources,
Reclamation
Division
(
DNR­
RD)

Allowed
Uses
°
Disposal
in
active
surface
mines.
°
Mine
subsidence.
°
Mine
fire
control.
°
Mine
sealing.

Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
None
specified.

Site
Characterization
Substantively
similar
to
federal
SMCRA,
plus:
A
minimum
of
six
months
of
baseline
monitoring
for
surface
and
groundwater
(
within
1,000
feet
of
the
permit
area)
is
required.

Siting
Restrictions
Substantively
similar
to
federal
SMCRA,
plus:
The
evaluation
of
a
proposal
to
dispose
CCW
on
surface
mines
considers
the
proximity
of
public
and
private
water
supplies
or
other
critical
off­
site
features.

Reclamation
Plan
Substantively
similar
to
federal
SMCRA,
plus:
°
A
description
of
how
minimization
of
adverse
impacts
upon
the
prevailing
hydrologic
balance
will
be
accomplished.
°
A
description
of
approximate
original
contour,
post­
mining
land
use,
and
revegetation.
°
A
description
of
the
type
of
disposal
operation
(
i.
e.,
backfill,
monofill).
°
Explain
types
of
CCW
to
be
disposed
(
e.
g.,
fly
ash,
bottom
ash,
etc.).
°
Provide
total
volume
of
CCW
to
be
disposed.

Waste
Characterization
Bulk
analysis,
short­
and
long­
term
leaching
tests
that
meet
ASTM
standards,
includes
26
different
constituents
and
parameters.

Waste
Characteristic
Limits
Leach
test
concentrations
must
not
be
greater
than
one­
quarter
the
RCRA
limit.

Address
Acid­
Base
Balance/
Acid
Mine
Drainage
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
(
Note:
according
to
DNR­
RD,
acid
mine
drainage
is
not
a
problem
in
Indiana,
so
no
requirements
in
this
area
are
needed.)

State
Approval
Required
to
Disposal
of
CCW
requires
a
major
modification
to
the
existing
mining
permit.
DRAFT
INDIANA
State
CCW
Mine
Placement
Regulations
and
Policy
39
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Proceed
Public
Participation
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

During
Placement
Ongoing
Waste
Characterization
Quarterly
monitoring
is
required.
Sampling
frequency
may
later
be
reduced.

Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
plus:
°
Testing
must
be
conducted
for
33
parameters.
°
Ground­
water
must
be
monitored
at
both
upgradient
and
downgradient
locations
with
at
least
one
monitoring
well
in
the
expected
path
of
leachate
migration.
°
Results
of
the
monitoring
plan
must
be
submitted
in
accordance
with
an
approved
schedule.

Performance
Standards
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Enforceable
Limits
Substantively
similar
to
federal
SMCRA,
no
additional
requirements
 
Note
that
IEPA
has
not
yet
promulgated
ground­
water
quality
standards.

Corrective
Action
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Operational
Requirements/
Placement
Engineering
Substantively
similar
to
federal
SMCRA,
plus:
°
Limited
to
CCW
generated
in
Indiana
or
from
coal
mined
in
Indiana.
°
Can
not
exceed
10
feet
of
thickness
unless
approved
as
a
monofill.
°
Can
require
a
liner,
but
generally
does
not
allow
disposal
in
conditions
that
would
require
a
liner.
°
CCW
volume
restrictions
can
be
incorporated
on
a
site­
specific
basis.
(
Proposed
requirements
would
implement
a
volume
restriction
of
50%
of
coal
removed.)

Operational
plan
must
include:
°
Description
of
proposed
compaction.
°
Description
of
the
methods
to
reduce
infiltration
or
contact
with
water
(
e.
g.,
liners,
caps,
co­
disposal
with
coal
processing
waste,
etc.).
Liners,
in
most
circumstances,
are
not
required.
°
Detailed
maps,
plans,
and
cross­
sections.
°
A
dust
control
plan.
DRAFT
INDIANA
State
CCW
Mine
Placement
Regulations
and
Policy
40
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Performance
Bonding
or
Financial
Assurance
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Other
Closure/
Post­
closure
Requirements
Substantively
similar
to
federal
SMCRA,
plus:
Minimum
final
soil
cover
of
five
feet
of
non­
toxic
earthen
material.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
41
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
KANSAS
In
Kansas,
there
is
currently
placement
of
CCW
in
one
limestone
mine
but
no
active
coal
mines.
If
CCW
mine
placement
were
to
occur
in
an
active
coal
mine,
it
would
be
subject
to
applicable
State
mining
regulations,
which
are
substantively
similar
to
the
Federal
SMCRA
regulations.
According
to
Murray
Balk
of
the
Bureau
of
Environmental
Remediation,
Surface
Mining
Section,
internal
policy
would
apply
additional
requirements
to
mine
placement
projects
in
the
following
areas:

°
Site
characterization,
°
Reclamation
plan,
°
Operational
requirements/
placement
engineering,
and
°
Financial
assurance.

In
addition,
since
CCW
is
defined
as
industrial
solid
waste,
a
solid
waste
disposal
permit
would
be
required
for
mine
placement
activity.
Kansas'
solid
waste
permit
requirements
are
summarized
in
Regulation
of
Landfills
and
Surface
Impoundments
Managing
Coal
Combustion
Waste
in
26
States,
December
14,
2000.
Because
details
regarding
the
applicability
of
these
requirements
to
mine
placement
projects
have
not
yet
be
tested
through
implementation,
the
requirements
are
not
summarized
here.

References
Kansas
Statutes:
KSA
65­
3402(
x);
KSA
49
et
seq.

Kansas
Regulations:
KAR
47­
1
to
47­
16
Murray
Balk,
Section
Chief,
Surface
Mining
Section,
Bureau
of
Environmental
Remediation,
Kansas
Department
of
Health
and
the
Environment
(
personal
communication,
4/
24/
01)

Stacey
Balman,
Bureau
of
Waste
Management,
Kansas
Department
of
Health
and
the
Environment
(
personal
communication,
4/
20/
01)
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
42
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
KANSAS
Regulatory
Agency
Oversight
Kansas
Department
of
Health
and
the
Environment:
°
Bureau
of
Environmental
Remediation,
Surface
Mining
Section
(
SMC)
°
Division
of
Environment,
Bureau
of
Waste
Management
(
BWM)

Allowed
Uses
Mine
placement.

Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
None
specified.

Site
Characterization
Substantively
similar
to
federal
SMCRA,
plus:
Consideration
would
be
made
by
the
SMC
as
to
the
affect
disposing
of
CCW
would
have
on
the
hydrology
and
vegetation
of
the
site.

Siting
Restrictions
Substantively
similar
to
federal
SMCRA,
plus:
Additional
restrictions
may
be
imposed
by
the
solid
waste
disposal
permit.

Reclamation
Plan
Substantively
similar
to
federal
SMCRA,
plus:
°
Consideration
would
be
made
by
the
SMC
as
to
the
affect
disposing
of
CCW
would
have
on
the
reclamation
plan.
°
SMC
would
also
look
at
whether
the
additional
material
may
cause
excess
spoil
problems
which
may
cause
difficulty
meeting
the
"
approximate
original
contour"
requirements.

Waste
Characterization
Not
required
(
as
per
federal
SMCRA).

Waste
Characteristic
Limits
None
specified
(
as
per
federal
SMCRA).

Address
Acid­
Base
Balance/
Acid
Mine
Drainage
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

State
Approval
Required
to
Proceed
Substantively
similar
to
federal
SMCRA,
plus:
Solid
waste
disposal
permit
required.

Public
Participation
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
DRAFT
KANSAS
State
CCW
Mine
Placement
Regulations
and
Policy
43
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
During
Placement
Ongoing
Waste
Characterization
Not
required
(
as
per
federal
SMCRA).

Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
plus:
Additional
monitoring
might
be
required
under
the
solid
waste
permit.

Performance
Standards
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Enforceable
Limits
Substantively
similar
to
federal
SMCRA,
no
additional
requirements
 
Note
that
there
are
no
specific
standards
or
mechanisms
for
corrective
action
embodied
in
Kansas'
solid
waste
regulations.
Corrective
Action
Operational
Requirements/
Placement
Engineering
Substantively
similar
to
federal
SMCRA,
plus:
°
Consideration
would
be
made
by
the
SMC
as
to
the
affect
disposing
of
CCW
would
have
on
the
operation
plan.
°
Additional
operational
requirements
might
be
imposed
by
the
solid
waste
disposal
permit.

Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Performance
Bonding
or
Financial
Assurance
Substantively
similar
to
federal
SMCRA,
plus:
Additional
financial
assurance
requirements
might
be
imposed
by
the
solid
waste
disposal
permit.

Other
Closure/
Post­
closure
Requirements
Substantively
similar
to
federal
SMCRA,
plus:
Additional
closure/
post­
closure
requirements
might
be
imposed
by
the
solid
waste
disposal
permit.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
44
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
KENTUCKY
Currently,
there
are
only
two
sites
authorized
for
CCW
mine
placement
in
Kentucky.
The
Kentucky
Department
for
Surface
Mining,
Reclamation
and
Enforcement
(
DSMRE)
addresses
the
disposal
of
CCW
at
surface
mines
with
specific
statutory
provisions
(
found
at
28
KRS
Chapter
350.270).
The
regulations
require
a
modification
of
the
mining
permit
and
include
the
following:

°
Site
characterization,
°
Siting
restrictions,
°
Reclamation
plan,
°
Waste
characterization
(
both
pre­
placement
and
during
placement),
°
Waste
characteristic
limits,
°
State
approval
process,
°
Public
participation,
°
Ground­
water
monitoring
(
both
during
and
after
placement),
°
Enforceable
limits
(
determined
on
a
site­
by­
site
basis),
°
Operational
requirements/
placement
engineering,
°
Financial
assurance,
and
°
Closure
requirements.

Kentucky's
Department
for
Environmental
Protection,
Division
of
Waste
Management
(
DWM)
classifies
CCW
as
special
waste,
but
allows
for
reuse
and
beneficial
uses
of
CCW
under
a
solid
waste
permit­
by­
rule
(
found
at
401
KAR
45:
060).
One
reuse
option
includes
disposal
at
active
surface
coal
mining
operations
if
the
operator
has
a
mining
permit
issued
under
28
KRS
Chapter
350
that
includes
the
disposal
of
special
waste.
In
such
a
case,
the
solid
waste
permit­
by­
rule
defers
entirely
to
the
mining
permit.
In
addition,
the
beneficial
use
of
CCW
as
mine
stabilization
and
reclamation
material
may
be
authorized
under
the
solid
waste
permit­
by­
rule
provided
that:

°
The
use
of
CCWs
does
not
result
in
a
nuisance
condition,
°
Erosion
and
sediment
controls
are
undertaken,
°
The
use
is
at
least
100
feet
from
a
stream
and
300
feet
from
potable
wells,
wetlands
or
flood
plains,
°
The
generator
characterizes
the
nonhazardous
nature
of
the
CCWs,
and
°
The
generator
submits
an
annual
report
identifying
characteristics
about
the
ash
reused
and
where
it
is
reused.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
45
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
No
beneficial
uses
of
CCW
at
mine
sites
have
occurred
yet,
but,
according
to
Carole
Ball
(
DSMRE),
it
is
anticipated
that
such
uses
will
occur
in
the
future
in
the
areas
of
abandoned
lands
for
reclamation,
stabilization,
and
acid
mine
drainage
control.

References
Kentucky
Statutes:
28
KRS
350.270;
28
KRS
350
Kentucky
Regulations:
401
KAR
45:
010
and
45:
060
Carol
Ball,
Kentucky
Department
for
Surface
Mining,
Reclamation
and
Enforcement
(
personal
communication,
4/
18/
01)

Karl
Campbell,
Kentucky
Department
for
Surface
Mining,
Reclamation
and
Enforcement.
Comments
at
IMCC
Intergovernmental
Forum
on
Mine
Placement
of
Coal
Combustion
Wastes.
May
15­
16,
2001.
St.
Louis,
Missouri.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
46
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
KENTUCKY
Regulatory
Agency
Oversight
Kentucky
Natural
Resources
and
Environmental
Protection
Cabinet:
°
Department
for
Surface
Mining,
Reclamation
and
Enforcement
(
DSMRE)
°
Department
for
Environmental
Protection,
Division
of
Waste
Management
(
DEP­
DWM)

Allowed
Uses
Mine
placement.

Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
DEP­
DWM
permit­
by­
rule
regulations
classify
use
for
mine
stabilization
and
reclamation
as
beneficial
use.

Site
Characterization
Substantively
similar
to
federal
SMCRA,
plus:
°
Application
must
include
baseline
data
to
characterize
ground
and
surface
water
quality.
°
Maps
are
required
showing
each
disposal
location.

Siting
Restrictions
Substantively
similar
to
federal
SMCRA,
plus:
°
May
be
placed
only
in
the
pit
or
extraction
area
from
which
coal
has
been
removed
by
surface
mining
(
can
go
elsewhere
if
demonstrate
no
adverse
impacts
will
occur).
°
Select
area
that
will
minimize
water
contact
with
the
CCW.
°
For
beneficial
use
under
DEP­
DWM
permit­
by­
rule,
the
use
must
be
at
least
100
feet
from
a
stream
and
300
feet
from
potable
wells,
wetlands
or
flood
plains.

Reclamation
Plan
Substantively
similar
to
federal
SMCRA,
plus:
Application
for
disposal
must
include:
°
Legal
right
to
conduct
activity.
°
A
public
notice
of
the
application.
°
Annual
volume
of
CCW.
°
Description
of
proposed
handling
and
disposal
methods/
operational
procedures.
°
Description
of
measures
to
assure
disposal
won't
threaten
public
health
or
disturb
hydrologic
balance.

Waste
Characterization
Results
of
representative
sampling
and
lab
analysis
of
each
component
of
the
CCW
is
required.
The
analysis
must
include
testing
for
19
metals
(
specified
in
the
statutory
provisions),
and
the
neutralization
potential
and
potential
acidity.
DRAFT
KENTUCKY
State
CCW
Mine
Placement
Regulations
and
Policy
47
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Waste
Characteristic
Limits
°
Must
be
non­
hazardous
as
defined
by
KRS
Chapter
224
and
RCRA.
°
Must
demonstrate
that
the
CCW
does
not
contain
any
contaminant
at
a
concentration
that
meets
or
exceeds
limits
pursuant
to
KRS
Chapter
224
and
RCRA.
°
Additional
limits
determined
on
a
site­
by­
site
basis.

Address
Acid­
Base
Balance/
Acid
Mine
Drainage
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

State
Approval
Required
to
Proceed
Amendment
or
a
major
permit
revision
application
is
required
to
include
disposal
of
CCW
in
the
surface
mining
permit,
if
the
activity
wasn't
included
in
the
original
permit
application.
The
activity
is
also
covered
under
a
solid
waste
permitby
rule
which
defers
entirely
to
the
mining
permit.

Public
Participation
Substantively
similar
to
federal
SMCRA,
plus:
Public
notice
of
disposal
of
CCW
in
the
mining
permit
area
is
required.

During
Placement
Ongoing
Waste
Characterization
The
generator
must
obtain
and
submit
an
annual
laboratory
analysis
characterizing
the
CCW.

Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
plus:
Additional
parameters
determined
by
the
DSMRE
based
on
demonstrated
characteristics
of
the
CCW.

Performance
Standards
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Enforceable
Limits
Substantively
similar
to
federal
SMCRA,
plus:
Enforceable
limits
determined
by
DSMRE
on
a
site­
by­
site
basis.

Corrective
Action
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Operational
Requirements/
Placement
Engineering
Substantively
similar
to
federal
SMCRA,
plus:
°
Cannot
mix
CCW
with
low
volume
waste
or
material
with
hazardous
waste
characteristics.
°
CCW
generated
prior
to
a
certain
date
may
not
be
used,
except
on
a
case­
by­
case
basis.
°
Place
CCW
at
least
4
feet
above
seasonal
high
water
table
that
is
proposed
after
mining.
°
Do
not
place
CCW
within
4
feet
of
final
high
wall,
exposed
coal
seam,
or
coal
outcrop.
°
Prevent
CCW
from
becoming
airborne.
DRAFT
KENTUCKY
State
CCW
Mine
Placement
Regulations
and
Policy
48
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
°
Keep
records
of
the
source
and
amount
of
CCW
received.
°
Maintain
accurate
maps
showing
each
location
where
CCWs
have
been
disposed
of,
and
the
volumes
disposed
of
at
each
location.
°
Any
material
that
is
not
the
CCW
approved
for
disposal
must
be
removed.
°
Volume
disposed
can
not
exceed
the
in­
place
volumes
of
the
marketable
coal
seams.
°
Can
not
result
in
greater
amounts
of
excess
spoil
than
if
were
not
disposing
CCW
in
mines.
°
Thickness
shall
not
exceed
40
feet
at
any
point.

Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
plus:
°
Required
until
final
bond
release
on
the
permit
area.
°
The
monitoring
must
be
conducted
quarterly,
except
monitoring
for
the
extra
parameters
due
to
disposal
of
CCW
must
be
conducted
semi­
annually.
°
Monitoring
for
extra
parameters
may
be
reduced
if
those
parameters
show
no
increases
of
regulated
levels
after
4
monitoring
events.

Performance
Bonding
or
Financial
Assurance
Substantively
similar
to
federal
SMCRA,
plus:
The
performance
bond
required
under
the
standard
mining
permit
must
cover
disposal
of
CCW.

Other
Closure/
Post­
closure
Requirements
Substantively
similar
to
federal
SMCRA,
plus:
After
disposal,
CCW
must
be
covered
with
at
least
4
feet
of
non­
acid
forming
spoil
material.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
49
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
LOUISIANA
In
Louisiana,
mine
placement
of
CCW
is
not
currently
being
done
 
one
coal­
burning
power
plant
in
the
State
disposes
of
its
ash
onsite.
If
CCW
mine
placement
were
to
occur,
it
would
be
subject
to
applicable
State
mining
regulations,
which
are
substantively
similar
to
Federal
SMCRA
regulations.
Louisiana's
solid
waste
program
defines
CCW
as
an
industrial
solid
waste.
According
to
the
Office
of
Environmental
Services'
Permits
Division,
at
present,
the
disposal
of
CCW
is
only
allowed
in
permitted
landfills
and
surface
impoundments
 
not
in
mines.

References
Louisiana
Regulations:
43
LAC
15
Tony
Duplechin,
Chief,
Surface
Mining
Section,
Injection
&
Mining
Division,
Louisiana
Department
of
Natural
Resources
(
personal
communication,
4/
30/
01)

Tony
Duplechin,
Chief,
Surface
Mining
Section,
Injection
&
Mining
Division,
Louisiana
Department
of
Natural
Resources.
Presentation
at
IMCC
Intergovernmental
Forum
on
Mine
Placement
of
Coal
Combustion
Wastes.
May
15­
16,
2001.
St.
Louis,
Missouri.

Thea
Johnson,
Louisiana
Department
of
Environmental
Quality,
Office
of
Environmental
Services,
Permits
Division
(
personal
communication,
5/
11/
01)
DRAFT
2
For
aggregate
mine
reclamation:
In
locations
where
there
may
be
a
threat
to
water
quality,
an
NPDES
or
State
permit
to
protect
groundwater
may
be
necessary.

State
CCW
Mine
Placement
Regulations
and
Policy
50
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
MARYLAND
CCWs
are
currently
being
used
for
reclamation
activity
at
six
coal
mines
and
two
non
coal
mines
in
Maryland.
The
Maryland
Department
of
the
Environment
(
MDE),
Bureau
of
Mines
has
sole
jurisdiction
over
the
use/
minefilling
of
CCW
on
mine
sites.
In
such
cases,
the
State's
mining
regulations,
which
are
substantively
similar
to
the
federal
SMCRA
regulations,
apply.
In
addition,
the
Bureau
of
Mines
has
issued
policy
guidelines
for
the
use
of
CCW
for
mine
reclamation.
These
guidelines
require
approval
from
the
Bureau
of
Mines,
but
not
a
separate
permit2,
and
address
the
following
for
coal
mines
and
aggregate
mines:

°
Site
characterization,
°
Reclamation
plan,
°
Waste
characterization
(
pre­
placement),
°
Waste
characteristic
limits,
°
State
approval
process,
and
°
Closure
requirements.

MDE's
Solid
Waste
Program
allows
the
beneficial
use
of
"
pozzolans,"
including
for
the
reclamation
of
mines.
According
to
MDE,
most
coal
ash
(
both
fly
ash
and
bottom
ash)
generated
by
pulverized
coal
plants
operating
in
Maryland
meets
the
definition
of
a
pozzolan
under
Maryland
law.
Such
ash
is
exempt
from
the
requirement
to
obtain
a
solid
waste
disposal
permit
if
the
following
beneficial
use
conditions
are
met:

°
Sound
engineering
practices
followed,
°
Dust
and
wind
erosion
minimized,
and
°
All
silt
control
regulations
and
permit
requirements
of
the
MDE
met.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
51
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
References
Maryland
Statutes:
MD
ANN.
CODE
15­
407
Maryland
Regulations:
COMAR
26.04.07.04(
C)(
7);
COMAR
26.21.01
et
seq.

MDE
Bureau
of
Mines
Memo:
Ash
Utilization/
Disposal
Requests.
March
10,
1997.

MDE
Bureau
of
Mines
Coal
Ash
Utilization/
Disposal
Request
(
form)

Mark
Carney,
Coal
Mining
Division,
Bureau
of
Mines,
Maryland
Department
of
the
Environment
(
personal
communication,
4/
30/
01
and
6/
15/
01)

Edward
Dexter,
Chief,
Field
Operations
&
Projects
Division,
Solid
Waste
Program,
Maryland
Department
of
the
Environment
(
personal
communication,
5/
4/
01)

Connie
Lyons,
Mining
Program,
Maryland
Department
of
the
Environment.
Presentation
at
IMCC
Intergovernmental
Forum
on
Mine
Placement
of
Coal
Combustion
Wastes.
May
15­
16,
2001.
St.
Louis,
Missouri.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
52
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
MARYLAND
Regulatory
Agency
Oversight
Maryland
Department
of
the
Environment:
°
Bureau
of
Mines,
Coal
Mining
Division
(
coal
mines)
°
Bureau
of
Mines,
Minerals,
Oil,
and
Gas
Division
(
aggregate
mines)
°
Solid
Waste
Program
Allowed
Uses
°
Aggregate
mine
reclamation
or
coal
mine
reclamation.

Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
None
specified.

Site
Characterization
Substantively
similar
to
federal
SMCRA,
plus:
Water
quality
analysis
for
the
mine
permit
drainage
control
system
is
required
for
20
parameters.

Siting
Restrictions
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Reclamation
Plan
Substantively
similar
to
federal
SMCRA,
plus:
For
coal
mine
reclamation,
the
following
information
is
required:
°
General
information
from
the
applicant's
coal
mine
permit.
°
A
general
disposal
plan,
including
a
map
and
narrative
description
of
site
handling,
storage,
and
application
procedures.
Explanation
of
how
dust
will
be
controlled
and
how
contamination
of
surface
and
groundwater
will
be
prevented.

For
aggregate
mine
reclamation,
requirements
are
established
on
a
site­
by­
site
basis.

Waste
Characterization
For
coal
mine
reclamation:
°
Identification
of
the
type
and
source
of
CCW.
°
Solids
analysis
for
14
parameters.
°
Leachate
analysis
(
TCLP)
for
11
parameters.

For
aggregate
mine
reclamation,
requirements
are
established
on
a
site­
by­
site
basis.

Waste
Characteristic
Limits
For
coal
mine
reclamation,
CCWs
must
be
nonhazardous,
as
demonstrated
by
TCLP
analyses.
For
aggregate
mine
reclamation,
limits
are
established
on
a
site­
by­
site
basis.
DRAFT
MARYLAND
State
CCW
Mine
Placement
Regulations
and
Policy
53
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Address
Acid­
Base
Balance/
Acid
Mine
Drainage
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

State
Approval
Required
to
Proceed
Must
obtain
approval
from
MDE
through
a
minor
amendment
to
the
existing
mining
and
reclamation
permit.

Public
Participation
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

During
Placement
Ongoing
Waste
Characterization
Not
required
(
as
per
federal
SMCRA)

Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Performance
Standards
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Enforceable
Limits
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Corrective
Action
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Operational
Requirements/
Placement
Engineering
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Performance
Bonding
or
Financial
Assurance
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Other
Closure/
Post­
closure
Requirements
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
54
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
MICHIGAN
There
are
currently
no
active
coal
mines
in
Michigan.
Any
future
active
coal
mines,
and
the
placement
of
CCW
in
those
mines,
would
be
subject
to
applicable
Federal
mining
regulations
 
the
coal
mining
program
would
be
administered
by
US
Department
of
the
Interior's
Office
of
Surface
Mine
Reclamation
and
Enforcement
(
OSM)
rather
than
the
State.
There
are,
however,
abandoned
and
active
mineral
mines
regulated
by
the
State,
and
there
is
currently
CCW
placement
in
one
limestone
mine.
The
State's
mineral
mines
regulatory
programs
do
not
contain
provisions
specifically
addressing
the
placement
of
CCW.
The
Michigan
Department
of
Environmental
Quality,
Waste
Management
Division,
however,
manages
CCW
under
solid
waste
regulations
that
specifically
address
its
use
as
the
sole
material
in
a
depository
designed
to
reclaim,
develop,
or
otherwise
enhance
land.
These
regulations,
require
reclamation
plan
approval
rather
than
a
solid
waste
disposal
permit
(
CCW
is
exempt
as
a
solid
waste
if
used
and
approved
in
accordance
with
the
CCW­
specific
regulations)
and
include
the
following:

°
Site
characterization,
°
Siting
restrictions,
°
Reclamation
plan,
°
Demonstration
of
benefit,
°
Waste
characterization
(
pre­
placement),
°
Waste
characteristic
limits
(
established
on
a
site­
by­
site
basis),
°
State
approval
process,
°
Financial
assurance,
and
°
Closure
requirements.

Reference
Michigan
Regulations:
Solid
Waste
Management,
General
Provisions,
R
299.4113­
4119,
4305,
4446,
and
5711.

Joan
Peck,
Michigan
Department
of
Environmental
Quality,
Waste
Management
Division
(
personal
communication,
6/
11/
01)
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
55
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
MICHIGAN
Regulatory
Agency
Oversight
°
Michigan
Department
of
Environmental
Quality,
Waste
Management
Division
Allowed
Uses
As
the
sole
material
in
a
depository
designed
to
reclaim,
develop,
or
otherwise
enhance
land.

Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
None
specified.

Site
Characterization
°
Must
include
topographic
maps,
and
documentation
of
landowner
authorization.
°
Demonstrate
that
site
conditions
are
sufficient
to
prevent
the
migration
of
ash
constituents
in
a
manner
that
will
violate
water
quality
performance
standards.
°
Non­
inert
ash
projects
must
include
engineering
plans
and
hydrogeological
report
demonstrating
certain
water
quality
performance
standards.

Siting
Restrictions
°
No
closer
than
100
ft.
to
adjacent
property
lines,
road
rights­
of­
way,
or
lakes
and
perennial
streams
closer
than
300
ft.
to
domiciles
(
greater
distances
required
in
certain
situations).
°
Not
within
a
floodplain
or
wetland
(
some
possible
exceptions).

Reclamation
Plan
Facilities
must
submit
a
reclamation
plan
to
the
DEQ
that:
°
Describes
how
the
proposed
use
will
reclaim,
develop,
or
enhance
the
land.
°
Demonstrates
that
the
ash
is
either
inert,
that
the
site
conditions
are
sufficient
to
prevent
the
migration
of
constituents,
or
that
the
plan
is
otherwise
protective
of
human
health
and
the
environment.
°
Includes
a
closure
plan.
°
Details
post­
closure
restrictions.

Waste
Characterization
°
Must
demonstrate
ash
is
inert
(
non­
inert
ash
may
still
be
disposed
but
with
additional
requirements).
Ash
is
considered
inert
if
the
generator
notifies
DEQ
of
the
reuse,
maintains
characterization
records
for
at
least
3
years,
and
demonstrates
that
the
concentration
of
hazardous
substances
in
the
CCW
is
below
1
of
the
following
criteria:
(
1)
the
background
concentration
of
the
substance(
s)
in
question,
(
2)
the
method
detection
limit
for
the
substance(
s),
and
(
3)
the
Type
B
criteria
for
soil
which
means
the
concentrations
must
be
at
levels
as
required
to
protect
surface
and
groundwater
and
against
unacceptable
risk
through
direct
contact,
and
TCLP
testing
must
demonstrate
compliance
with
ground­
water
criteria.
°
Additional
limits
established
on
a
site­
by­
site
basis.
Waste
Characteristic
Limits
DRAFT
MICHIGAN
State
CCW
Mine
Placement
Regulations
and
Policy
56
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Address
Acid­
Base
Balance/
Acid
Mine
Drainage
None
specified.

State
Approval
Required
to
Proceed
Reclamation
plan
must
be
approved
by
the
DEQ.
It
will
be
approved
if
the
rule
requirements
and
any
other
applicable
State
law
are
followed
and
the
activity
is
demonstrated
to
not
create
a
nuisance.

Public
Participation
Not
required.

During
Placement
Ongoing
Waste
Characterization
Not
required.

Ground­
water
Monitoring
Not
required.

Performance
Standards
None
specified.

Enforceable
Limits
None
specified.

Corrective
Action
Not
required.

Operational
Requirements/
Placement
Engineering
None
specified.

Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Not
required.

Performance
Bonding
or
Financial
Assurance
Restrictive
covenant
required.

Other
Closure/
Post­
closure
Requirements
Closure
plan
required,
including:
°
Overall
description
of
the
methods,
procedures,
processes,
and
schedule
that
will
be
used.
°
Description
of
final
cover,
including
engineering
plans
and
specifications.

Restrictions
on
post­
closure
use.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
57
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
MISSOURI
The
Missouri
Department
of
Natural
Resources
(
DNR)
Land
Reclamation
Program
(
LRP)
regulates
placement
of
CCW
in
coal
and
noncoal
mines
only
when
the
Solid
Waste
Management
Program
(
SWMP)
grants
a
beneficial
use/
reclamation
exemption
(
see
below).
In
such
a
case,
the
State
mining
regulations,
which
are
substantively
similar
to
the
Federal
SMCRA
regulations,
apply
and
a
major
revision
of
the
coal
mining
and
reclamation
permit
would
be
required
(
there
are
separate
applicable
non­
coal
regulations).
In
amending
the
permit
to
account
for
CCW
placement,
the
LRP
addresses
the
following:

°
Reclamation
plan,
°
State
approval
process,
°
Ground­
water
monitoring
(
both
during
and
after
placement),
and
°
Closure
requirements.

LRP's
permitting
requirements
are
less
involved
for
industrial
minerals
operations
 
quarries,
sand
and
gravel
mines,
and
clay
pits.
For
example,
the
Land
Reclamation
Act
does
not
provide
for
water
monitoring
at
industrial
minerals
sites,
and
the
LRP
cannot
require
testing
for
CCW
solutes
at
these
operations.
The
LRP's
primary
concern
for
such
sites
is
that
CCW
be
adequately
covered
in
a
timely
manner
with
root­
growth
medium
(
if
the
site
is
to
be
revegetated)
or
capped
with
a
durable
cover.

Under
DNR's
Solid
Waste
Management
Program,
a
beneficial
use/
reclamation
exemption
from
having
to
obtain
a
solid
waste
permit
may
be
granted
for
certain
uses
of
CCW.
A
beneficial
use
exemption
would
be
granted
only
after
consultations
with
other
interested
programs
within
DNR,
including
LRP.
For
CCW
mine
uses
with
a
beneficial
use
exemption,
the
solid
waste
regulations
impose
requirements
in
the
following
areas:

°
Site
characterization,
°
Reclamation
plan,
°
Waste
characterization
(
pre­
placement),
°
State
approval
process,
and
°
Operational
requirements/
placement
engineering
In
addition
to
the
beneficial
use
exemption
described
here,
there
is
also
a
provision
exempting
from
solid
waste
permitting
requirements
fly
ash
produced
by
coal
combustion
in
certain
counties
"
if
such
ash
is
constructively
reused
or
disposed
of
by
a
grout
technique
in
any
active
or
inactive
non­
coal,
non­
open­
pit
mining
operation
located
in
a
city
having
a
population
of
at
least
three
hundred
fifty
thousand
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
58
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
located
in
more
than
one
county
and
is
also
located
in
a
county
of
the
first
class
without
a
charter
form
of
government
with
a
population
of
greater
than
one
hundred
fifty
thousand
and
less
than
one
hundred
sixty
thousand,
provided
said
ash
is
not
considered
hazardous
waste
under
the
Missouri
hazardous
waste
law."
(
RSMo
16­
260.242).

If
a
beneficial
use
exemption
is
not
granted,
a
solid
waste
disposal
permit
would
be
required
for
mine
placement
activity.
Missouri's
solid
waste
permit
requirements
are
summarized
in
Regulation
of
Landfills
and
Surface
Impoundments
Managing
Coal
Combustion
Waste
in
26
States,
December
14,
2000.
Because
details
regarding
the
applicability
of
these
requirements
to
mine
placement
projects
have
not
yet
be
tested
through
implementation,
the
requirements
are
not
summarized
here.

References
Missouri
Statutes:
RSMo
16­
260.242;
RSMo
Chapters
444.800
­
444.970
Missouri
Regulations:
10
CSR
80­
2.020(
9);
10
CSR
40
et
seq.

US
EPA
OSMRE
COALEX
Report
245
Brian
Hicks,
Land
Reclamation
Program,
Missouri
Department
of
Natural
Resources
(
personal
communication,
4/
27/
01
and
7/
2/
01)

Scott
Waltrip,
Solid
Waste
Program,
Missouri
Department
of
Natural
Resources
(
personal
communication,
6/
11/
01)

Scott
Waltrip,
Solid
Waste
Program,
Missouri
Department
of
Natural
Resources
and
Brian
Hicks,
Land
Reclamation
Program,
Missouri
Department
of
Natural
Resources.
Presentation
at
IMCC
Intergovernmental
Forum
on
Mine
Placement
of
Coal
Combustion
Wastes.
May
15­
16,
2001.
St.
Louis,
Missouri.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
59
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
MISSOURI
Regulatory
Agency
Oversight
Missouri
Department
of
Natural
Resources
(
DNR):
°
Land
Reclamation
Program
(
LRP)
°
Solid
Waste
Management
Program
(
SWMP)

Allowed
Uses
Beneficial
uses
as
authorized
by
the
SWMP
as
part
of
mine
reclamation.

Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
The
use
CCW
on
a
mine
site
is
considered
beneficial
use
provided
beneficial
use
and/
or
reclamation
can
be
demonstrated
and
provided
that
pollution,
a
public
nuisance,
or
a
health
hazard
will
not
be
created.

Site
Characterization
Substantively
similar
to
federal
SMCRA,
plus:
°
Analysis
of
the
physical
and
chemical
characteristics
of
water
quality
and
background
soils
is
required.
°
Verification
by
certified
hydrogeologist
that
placement
is
above
the
water
table.

Siting
Restrictions
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Reclamation
Plan
Substantively
similar
to
federal
SMCRA,
plus:
°
Explanation
of
the
beneficial
use
or
reclamation.
°
Documentation
identifying
the
site
location,
surrounding
land
use,
and
site
characteristics.
°
An
estimate
of
the
quantity
of
CCW
to
be
disposed
and
the
time
required
for
disposal
procedures.
°
Management
plan.
°
Contingency
plan.
°
CCW
handling
plan
 
in
part
addressing
where
the
materials
will
be
placed
in
relation
to
the
expected
water
table
in
the
backfilled
spoil.

Waste
Characterization
If
placement
is
covered
by
an
engineered
clay
cap,
the
only
characterization
requirement
is
to
show
the
CCW
is
nonhazardous
using
TCLP.
If
there
is
any
potential
for
groundwater
contact
or
no
cap,
ASTM
characterization
is
required.
Waste
Characteristic
Limits
Address
Acid­
Base
Balance/
Acid
Mine
Drainage
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

State
Approval
Required
to
Proceed
Substantively
similar
to
federal
SMCRA,
plus:
A
request
for
a
beneficial
use/
reclamation
exemption
must
be
approved
by
SWMP,
and
a
major
revision
of
the
mining
and
reclamation
permit
must
be
obtained.
DRAFT
MISSOURI
State
CCW
Mine
Placement
Regulations
and
Policy
60
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Public
Participation
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

During
Placement
Ongoing
Waste
Characterization
Not
required
(
as
per
federal
SMCRA)

Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
plus:
Annual
ground­
water
monitoring
for
16
parameters.

Performance
Standards
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Enforceable
Limits
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Corrective
Action
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Operational
Requirements/
Placement
Engineering
Substantively
similar
to
federal
SMCRA,
plus:
°
Must
include
a
description
of
the
proposed
operational
procedures
for
waste
disposal
(
including
compaction,
dust
control,
and
erosion
control)
and
procedures
for
any
complications
that
may
arise.
°
CCW
must
be
place
above
the
seasonal
high
ground­
water
table
unless
a
variance
is
obtained.

Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
plus:
Ongoing
ground­
water
monitoring
may
be
required
if
deemed
necessary.

Performance
Bonding
or
Financial
Assurance
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Other
Closure/
Post­
closure
Requirements
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
61
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
MONTANA
Montana's
Department
of
Environmental
Quality,
Industrial
and
Energy
Minerals
Bureau
has
sole
jurisdiction
over
the
disposal
of
CCW
in
permitted
mines.
Montana
has
developed
specific
mining
regulations
that
apply
to
the
use
of
CCW
as
fill
material
or
for
disposal
in
permitted
strip
or
underground
mines.
These
regulations,
require
that
the
mine
operator
obtain
approval
for
the
CCW
activity
as
part
of
the
mining
permit
and
address
the
following:

°
Site
characterization,
°
Reclamation
plan,
°
Performance
standards,
°
Waste
characterization
°
Waste
characteristic
limits,
°
State
approval
process,
°
Ground­
water
monitoring
(
both
during
and
after
placement),
°
Enforceable
limits,
°
Operational
requirements/
placement
engineering,
°
Financial
assurance,
and
°
Closure
requirements.

Montana's
solid
waste
regulations
include
CCW
in
the
definition
of
an
industrial
solid
waste.
However,
a
solid
waste
disposal
permit
is
not
required
for
CCW
mine
placement
if
the
mine
is
permitted
by
the
Industrial
and
Energy
Minerals
Bureau.

References
Montana
Statutes:
MCA
82­
4
et
seq.

Montana
Regulations:
ARM
17.24.510;
ARM
17.24
Neil
Harrington,
Industrial
and
Energy
Minerals
Bureau,
Coal
and
Uranium
Program
(
personal
communication,
4/
23/
01
and
6/
28/
01)
Rick
Thompson,
Community
Services
Bureau,
Waste
Management
Section
(
personal
communication,
4/
24/
01)
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
62
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
MONTANA
Regulatory
Agency
Oversight
Montana
Department
of
Environmental
Quality,
Industrial
and
Energy
Minerals
Bureau
Allowed
Uses
Fill
material
or
disposal
in
strip
or
underground
mines.

Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
None
specified.

Site
Characterization
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Siting
Restrictions
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Reclamation
Plan
Substantively
similar
to
federal
SMCRA,
plus:
Must
specify
disposal
procedures,
the
hydrological
means,
and
the
chemical
and
physical
analyses
that
will
be
conducted
to
demonstrate
that
will
not
adversely
affect
water
quality,
public
health
or
safety,
or
other
environmental
resources,
and
will
not
cause
instability
in
the
backfilled
area.

Waste
Characterization
Chemical
and
physical
analyses
as
necessary
to
support
demonstration
above.

Waste
Characteristic
Limits
The
CCW
cannot
exceed
hazardous
waste
characteristic
limits.

Address
Acid­
Base
Balance/
Acid
Mine
Drainage
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

State
Approval
Required
to
Proceed
Prior
approval
from
IEMB
is
required
as
a
component
of
the
mining
permit.
The
relative
significance
of
the
proposal
would
dictate
whether
a
minor
or
a
major
modification
of
the
permit
would
be
necessary.
A
major
revision
is
any
change
in
the
mining
or
reclamation
plan
that:
(
1)
results
in
a
significant
change
in
the
postmining
drainage
plan;
(
2)
results
in
a
change
in
the
postmining
land
use;
(
3)
results
in
a
significant
change
in
the
bonding
level
within
the
permitted
area;
or
(
4)
results
in
a
change
that
may
affect
the
reclaimability
of
the
area
or
the
hydrologic
balance
on
or
off
of
the
permitted
area.

Public
Participation
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
DRAFT
MONTANA
State
CCW
Mine
Placement
Regulations
and
Policy
63
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
During
Placement
Ongoing
Waste
Characterization
Not
required
(
as
per
federal
SMCRA)

Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
plus:
°
Ground­
water
levels,
infiltration
rates,
subsurface
flow
and
storage
characteristics,
and
the
quality
of
groundwater
must
be
monitored,
and
in
a
manner
approved
by
IEMB.
°
Must
include
the
measurement
of
the
quality
and
quality
of
water
in
all
disturbed
or
potentially
affected
geologic
strata
within
and
adjacent
to
the
permit
area.
°
IEMB
may
require
an
expansion
of
the
ground­
water
monitoring
system
whenever
a
significant
impact
is
likely.
°
Results
must
be
reported
semiannually
and
data
kept
current
at
the
mine
office
for
inspection.

Performance
Standards
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Enforceable
Limits
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Corrective
Action
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Operational
Requirements/
Placement
Engineering
Substantively
similar
to
federal
SMCRA,
plus:
°
Must
conduct
operations
so
as
to
minimize
water
pollution
and,
where
necessary,
use
treatment
methods
to
control
water
pollution,
for
example:
divert
runoff,
use
temporary
vegetation,
line
drainage
channels
with
rock
or
vegetation,
or
use
mulching.
°
Backfilled
materials
must
be
placed
to
minimize
adverse
effects
on
ground­
water
flow
and
quality,
to
minimize
offsite
effects,
and
to
support
approved
post­
mining
land
use.
°
Compaction,
contamination,
and
degradation
of
stockpiles
must
be
minimized
and
the
biological
properties
of
the
soil
maintained.
DRAFT
MONTANA
State
CCW
Mine
Placement
Regulations
and
Policy
64
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
plus:
Ground­
water
monitoring
must
continue
until
phase
IV
bond
release.

Performance
Bonding
or
Financial
Assurance
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Other
Closure/
Post­
closure
Requirements
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
65
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
NEW
MEXICO
In
New
Mexico,
CCWs
are
not
defined
as
a
solid
waste
and
are
exempt
from
all
solid
waste
regulations.
Therefore,
the
New
Mexico
Department
of
Energy,
Minerals,
and
Natural
Resources,
Division
of
Mining
and
Materials
(
DMNR)
has
sole
jurisdiction
over
the
placement
of
CCW
in
mines.
DMNR
issues
a
modified
mining
and
reclamation
permit
for
CCW
placement
under
State
regulations
that
are
substantively
similar
to
the
federal
SMCRA
regulations.
In
addition,
the
State
has
internal
policy
that
applies
additional
requirements
to
mine
placement
projects
in
the
following
areas:

°
Site
characterization,
°
Siting
restrictions,
°
Reclamation
plan,
°
Waste
characterization,
°
State
approval
process,
°
Operational
requirements/
placement
engineering,
°
Ongoing
ground­
water
monitoring,
and
°
Closure
requirements.

The
guidelines
regarding
the
placement
of
CCW
in
mines
are
not
found
in
the
State
statutes,
regulations,
or
written
policy,
but
rather
are
at
the
discretion
of
the
State
as
deemed
appropriate
on
a
site­
by­
site
basis.
The
requirements
explained
in
the
table
are
those
deemed
necessary
for
the
two
CCW
mine
placement
site
currently
operating
in
New
Mexico.

References
New
Mexico
Regulations:
19
NMAC
8.2
Anderson,
Monte.
New
Mexico's
Regulatory
Requirements
for
the
Use
of
Coal
Combustion
By­
Products.
1996
Coal
Combustion
By­
Products
Forum.

Monte
Anderson,
New
Mexico
Department
of
Energy,
Minerals,
and
Natural
Resources,
Division
of
Mining
and
Materials
(
personal
communication,
6/
11/
01)
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
66
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
NEW
MEXICO
Regulatory
Agency
Oversight
New
Mexico
Department
of
Energy,
Minerals,
and
Natural
Resources,
Division
of
Mining
and
Materials
Allowed
Uses
Placement
in
permitted
mines.

Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
None
specified.

Site
Characterization
Substantively
similar
to
federal
SMCRA,
plus:
Sample
water
quality
of
coal
seam
aquifer.

Siting
Restrictions
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Reclamation
Plan
Substantively
similar
to
federal
SMCRA,
plus:
°
CCW
disposal
plan
is
incorporated
into
mining
reclamation
plan.
°
Must
include
a
map
of
the
disposal
area.

Waste
Characterization
Conduct
leachate
studies
of
CCW,
as
well
as
compaction
and
permeability
tests.

Waste
Characteristic
Limits
None
specified
(
as
per
federal
SMCRA).

Address
Acid­
Base
Balance/
Acid
Mine
Drainage
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

State
Approval
Required
to
Proceed
Upon
approval,
the
CCW
disposal
plan
is
incorporated
into
the
mining
permit
(
is
not
considered
a
permit
modification).

Public
Participation
Not
required.

During
Placement
Ongoing
Waste
Characterization
Not
required
(
as
per
federal
SMCRA).
DRAFT
NEW
MEXICO
State
CCW
Mine
Placement
Regulations
and
Policy
67
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
plus:
Quarterly
monitoring
of
the
chemical
parameters
that
make
up
the
CCW.

Performance
Standards
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Enforceable
Limits
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Corrective
Action
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Operational
Requirements/
Placement
Engineering
Substantively
similar
to
federal
SMCRA,
plus:
Drainages
that
run
above
disposal
areas
should
have
low
drainage
gradients.

Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
plus:
Following
reclamation,
lysimeters
may
be
required
to
monitor
any
saturation.

Performance
Bonding
or
Financial
Assurance
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Other
Closure/
Post­
closure
Requirements
Substantively
similar
to
federal
SMCRA,
plus:
Disposal
areas
are
to
be
covered
by
spoil
materials
in
addition
to
topsoil
material.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
68
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
NORTH
DAKOTA
The
North
Dakota
Pubic
Service
Commission,
Reclamation
Division
(
PSC)
has
dual
jurisdiction
with
the
North
Dakota
Department
of
Health,
Division
of
Solid
Waste
Management
(
DOH)
over
placement
of
CCW
in
mines.
Such
activity
is
subject
to
State
mining
regulations,
which
are
substantively
similar
to
the
federal
SMCRA
regulations,
and
additional
PSC
policy.
PCS's
policy
speaks
to
the
performance
bond
and
closure
process
in
instances
where
mines
are
being
used
as
a
disposal
facility
and,
therefore,
are
also
regulated
by
DOH.

Mines
used
for
CCW
disposal
are
permitted
by
DOH
as
special
waste
landfills.
The
solid
waste
management
permit
is
reviewed
by
PSC
before
final
issuance.
The
regulatory
provisions
and
DOH
policy
provisions
for
mines
regulated
as
special
waste
landfills
include:

°
Site
characterization,
°
Siting
restrictions,
°
Reclamation
plan,
°
Performance
standards,
°
Waste
characterization
(
both
pre­
placement
and
during
placement),
°
State
approval
process,
°
Ground­
water
monitoring
(
both
during
and
after
placement),
°
Operational
requirements/
placement
engineering,
°
Financial
assurance,
and
°
Closure
requirements.

References
North
Dakota
Statutes:
NDCC
38­
14.1
North
Dakota
Regulations:
NDAC
33­
20­
04,
33­
20­
07,
33­
20­
13,
33­
20­
14,
and
69­
05.2.

Policy
Memorandum
No.
15
to
Mine
Operators:
Performance
Bond
Release
for
Waste
Disposal
Operations
Located
on
Mined
Lands.
January
13,
1999.

Jim
Deutsch,
Director,
Reclamation
Division,
North
Dakota
Pubic
Service
Commission
(
personal
communication,
5/
8/
01)
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
69
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Steve
Tillotson,
Asst.
Director,
Division
of
Solid
Waste
Management,
North
Dakota
Department
of
Health
(
personal
communication,
5/
8/
01
and
6/
18/
01)
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
70
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
NORTH
DAKOTA
Regulatory
Agency
Oversight
°
North
Dakota
Pubic
Service
Commission,
Reclamation
Division
(
PSC)
°
North
Dakota
Department
of
Health,
Division
of
Solid
Waste
Management
(
DOH)

Allowed
Uses
Mine
placement.

Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
None
specified.

Site
Characterization
Substantively
similar
to
federal
SMCRA,
plus:
The
site
characterization
must
address
the
following:
°
Location
and
water
quality
of
the
waterbodies
and
wells
within
one
mile
of
the
site
boundary.
°
Site
location
in
relation
to
the
100­
year
floodplain.

Siting
Restrictions
Substantively
similar
to
federal
SMCRA,
plus:
°
Not
within
an
area
which
may
result
in
impacts
to
human
health
or
environmental
resources.
°
Not
within
an
aquifer
or
wellhead
protection
area.
°
Not
within
1,000
feet
to
a
downgradient
drinking
water
supply
well
(
may
be
waived).
°
Not
within
100­
year
floodplain.
°
Not
where
geologic
or
manmade
features
may
result
in
differential
settlement
°
Not
within
unstable
slopes.
°
Not
within
woody
draws.
°
Not
within
mine
high
walls.
°
Not
within
endangered
or
threatened
species
habitats.
°
Not
within
200
feet
horizontally
from
the
ordinary
high
water
elevation
of
any
surface
water
or
wetland
(
may
be
waived).

Reclamation
Plan
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Waste
Characterization
Waste
characterization
is
required
using
USEPA's
physical
and
chemical
test
methods
for
evaluating
solid
waste
(
including
TCLP
analysis).
The
regulations
do
not
have
specific
requirements
for
waste
characterization,
rather
the
necessary
testing
is
determined
on
a
case­
by­
case
basis.
DOH's
preferred
test
is
the
ASTM
D­
3987
test
which
mimics
rainfall
interaction
with
the
waste.

Waste
Characteristic
Limits
None
specified
(
as
per
federal
SMCRA).
DRAFT
NORTH
DAKOTA
State
CCW
Mine
Placement
Regulations
and
Policy
71
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Address
Acid­
Base
Balance/
Acid
Mine
Drainage
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

State
Approval
Required
to
Proceed
Substantively
similar
to
federal
SMCRA,
plus:
Must
obtain
a
solid
waste
disposal
permit
from
DOH
and
obtain
specific
PSC
approval
for
CCW
placement.

Public
Participation
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

During
Placement
Ongoing
Waste
Characterization
Not
required.

Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
plus:
°
Include
at
least
one
upgradient
well
and
at
least
2
downgradient
wells.
°
A
minimum
of
four
independent
samples
from
each
well
must
be
collected
for
analysis
during
the
first
sampling
event
for
establishing
background
data.
°
Monitoring
for
several
additional
parameters
required.

Performance
Standards
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Enforceable
Limits
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Corrective
Action
Substantively
similar
to
federal
SMCRA,
plus:
°
If
a
statistically
significant
increase
over
background
values
or
an
exceedance
of
a
maximum
concentration
limit
or
water
quality
standard,
the
operator
must
initiate
an
assessment
of
remedial
measures.
°
Based
on
the
results
of
the
assessment,
the
operator
must
select
a
corrective
action
remedy
within
thirty
days
which
is
protective
of
human
health
and
environmental
resources
and
attains
ground­
water
protection
standards.
°
Must
have
adequate
financial
assurance
to
cover
any
corrective
actions.
DRAFT
NORTH
DAKOTA
State
CCW
Mine
Placement
Regulations
and
Policy
72
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Operational
Requirements/
Placement
Engineering
Substantively
similar
to
federal
SMCRA,
plus:
°
An
operation
plan
with
procedures
for
managing
the
CCW.
°
A
liner
is
required,
but
typically
a
leachate
removal
system
is
not.
(
Note:
This
is
a
requirement
under
the
solid
waste
program)
°
Spread
and
compact
waste
as
densely
as
possible.
°
Control
run­
on
and
runoff.
°
Fugitive
dust
controls.
°
Intermediate
cover
(
8
inches
of
clay
or
synthetic
material).
DRAFT
NORTH
DAKOTA
State
CCW
Mine
Placement
Regulations
and
Policy
73
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
plus.
°
Must
continue
during
post­
closure
period.

Performance
Bonding
or
Financial
Assurance
Substantively
similar
to
federal
SMCRA,
plus:
°
Must
have
adequate
financial
assurance
to
cover
costs
of
closure
and
post­
closure
care.
The
mechanisms
may
include
a
reserve
account,
trust
fund,
surety
bond,
letter
of
credit,
financial
test,
insurance
policy,
or
corporate
guarantee.
°
Before
granting
final
bond
release
on
mined
areas
used
for
long­
term
waste
disposal
activities,
the
PSC
will
require
a
showing
that
sufficient
topsoil
and
subsoil
have
been
set
aside
to
provide
a
total
respread
thickness
of
at
least
24
inches
of
soil
for
sites
where
the
cover
material
is
non­
sodic
spoil
and
36
inches
where
the
cover
is
sodic
spoil,
with
a
minimum
topsoil
thickness
of
8
inches.

Other
Closure/
Post­
closure
Requirements
Substantively
similar
to
federal
SMCRA,
plus:
°
Closure
and
post­
closure
plans
required.
°
Closure
within
30
days
of
final
disposal
activity.
°
A
final
cap
with
a
depth
of
least
5
feet
(
compacted
clay
or
synthetic
material,
and
a
layer
for
plant
growth)
that
ensures
the
quality
and
integrity
of
the
hydraulic
barrier
and
the
vegetative
cover.
°
Post­
closure
maintenance
and
monitoring
for
30
years.
°
Post­
closure
corrective
action
activities
may
be
required.
°
Vegetative
cover
must
be
good
enough
to
provide
long­
term
site
stability
and
the
capability
to
produce
hay
crops.
DRAFT
3
Based
on
available
characterization
data
and
anecdotal
information
from
DSW,
most
fly
ash
and
bottom
ash
would
meet
this
definition.

State
CCW
Mine
Placement
Regulations
and
Policy
74
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
OHIO
Under
State
law
as
amended
March
18,
1999,
the
Ohio
Department
of
Natural
Resources,
Division
of
Mineral
Resources
Management
(
DMRM)
has
sole
jurisdiction
over
the
beneficial
use
of
CCW
on
mine
sites.
No
regulations
have
been
developed
pertaining
to
CCW
beneficial
uses,
but
DMRM
has
created
draft
policy
guidelines
that
detail
the
allowable
beneficial
uses
and
the
controls
on
their
use.
The
provisions
of
the
policy
guidelines
include:

°
Site
characterization,
°
Siting
restrictions,
°
Waste
characterization
(
both
pre­
placement
and
during
placement),
°
Waste
characteristic
limits,
°
Acid­
base
accounting,
°
State
approval
process,
°
Public
participation,
°
Ground­
water
monitoring,
and
°
Operational
requirements/
placement
engineering,

These
guidelines
supplement
existing
State
mining
regulations,
which
are
substantively
similar
to
the
federal
SMCRA
regulations,
and
apply
the
SMCRA
provisions
for
non­
coal
mine
waste
disposal
to
CCW
placement.
The
policy
guidelines
were
developed
for
active
coal
mine
sites
and
will
be
used
as
a
reference
for
abandoned
mine
lands
projects.

Beneficial
uses
of
CCW,
as
defined
and
controlled
by
DMRM,
do
not
require
a
solid
waste
disposal
permit.
Mine
placement
that
does
not
obtain
DMRM's
approval
as
a
beneficial
use
would
be
regulated
as
disposal
by
the
Ohio
Environmental
Protection
Agency,
Division
of
Solid
and
Infectious
Waste
Management
(
DSW).
Under
Ohio's
solid
waste
regulations,
fly
ash
and
bottom
ash
that
test
as
"
non­
toxic"
3
are
exempt
from
the
definition
of
solid
waste
and
from
the
solid
waste
permitting
regulations.
However,
DSW
has
issued
detailed
policy
guidelines
regarding
non­
toxic
CCW
monofills.
DSW
has
plans
to
convert
the
policy
into
enforceable
law
but
the
process
has
not
yet
begun.
These
policy
guidelines
require
multi­
media
permitting
and
include:

°
Site
characterization
(
may
be
required
on
a
site­
by­
site
basis),
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
75
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
°
Siting
restrictions,
°
Waste
characterization
(
both
pre­
placement
and
during
placement),
°
Waste
characteristic
limits,
°
State
approval
process,
°
Ground­
water
monitoring
(
both
during
and
after
placement
may
be
required
on
a
site­
by­
site
basis),
°
Enforceable
limits,
°
Operational
requirements/
placement
engineering,
and
°
Closure
requirements.

DSW
has
additional,
more
stringent
regulatory
requirements
for
CCW
that
does
not
meet
the
definition
of
"
non­
toxic."
These
solid
waste
regulatory
requirements
are
summarized
in
Regulation
of
Landfills
and
Surface
Impoundments
Managing
Coal
Combustion
Waste
in
26
States,
December
14,
2000
and
are
not
included
in
this
summary.

References
Ohio
Statutes:
ORC
1513.02(
A)(
7);
ORC
1513
and
1514
Ohio
Regulations:
OAC
1501:
13­
9­
09;
OAC
1501:
13
DSW
Policy
0400.028:
Disposal
of
Non­
Toxic
Bottom
Ash,
Fly
Ash
and
Spent
Foundry
Sand,
and
Other
Exempted
Wastes.
June
9,
1994.

Annette
DeHavilland,
Ohio
Environmental
Protection
Agency,
Division
of
Solid
and
Infectious
Waste
Management
(
personal
communication,
6/
13/
01)

Mike
Dillman,
Ohio
Department
of
Natural
Resources,
Division
of
Mineral
Resources
Management
(
personal
communication,
5/
4/
01)

Bob
Baker,
Ohio
Department
of
Natural
Resources,
Division
of
Mineral
Resource
Management.
Presentation
at
IMCC
Intergovernmental
Forum
on
Mine
Placement
of
Coal
Combustion
Wastes.
May
15­
16,
2001.
St.
Louis,
Missouri.

OHIO
Disposal
Beneficial
Use
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
76
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Regulatory
Agency
Oversight
Ohio
Environmental
Protection
Agency,
Division
of
Solid
and
Infectious
Waste
Management
(
DSW)
Ohio
Department
of
Natural
Resources,
Division
of
Mineral
Resources
Management
(
DMRM)

Allowed
Uses
Disposal
at
mine
sites.
°
Land
reclamation
uses
(
neutralization
of
coal
refuse,
neutralization
of
spoil,
lining
of
pit
floors
for
neutralization,
reduce
potential
for
acid
mine
drainage
formation,
sealing
of
toxic
material).
°
Land
application
uses
for
agronomic
value.
°
Mine
sealing.

Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
Any
placement
not
meeting
the
constraints
at
right
is
defined
as
disposal.
(
In
practice,
DMRM
has
used
the
volume
of
CCW
to
be
placed
to
determine
that
a
project
constitutes
disposal.)
°
Use
must
not
be
in
a
manner
that
is
equivalent
to
a
disposal
system
or
a
solid
waste
disposal
facility.
°
Use
must
be
unlikely
to
adversely
affect
human
health,
human
safety,
or
the
environment.
°
Use
must
be
unlikely
to
degrade
existing
land,
air,
or
water
quality.

Site
Characterization
May
be
required
on
a
site­
by­
site
basis.
Substantively
similar
to
federal
SMCRA,
plus:
°
Background
water
quality
sampling
under
seasonal
conditions
is
usually
necessary
in
order
to
characterize
existing
conditions
before
CCW
use
begins.
°
The
number
of
monitoring
points
needed
to
assess
the
potential
impact
will
be
required.

Siting
Restrictions
Ash
may
not
be
placed:
°
Within
the
surface
or
subsurface
areas
surrounding
a
public
water
well.
°
Above
a
federally
declared
aquifer.
°
In
a
sand
or
gravel
pit.
°
In
a
limestone
or
sandstone
quarry.
°
In
an
area
of
potential
subsidence
due
to
an
underground
mine.
°
Within
1000
feet
of
a
water
supply
well
or
developed
spring
(
some
exceptions).
Substantively
similar
to
federal
SMCRA,
plus:
°
Not
within
100
feet
of
streams
(
unless
variance
approved).
Distance
may
be
increased
for
exceptionally
high
value
streams.
°
Not
within
100
feet
of
high­
quality
wetlands.
Distance
may
be
increased
if
necessary.
°
Not
within
500
feet
upgradient
of
a
surface
drinking
water
source
or
within
300
feet
of
a
ground­
water
source.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
77
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Reclamation
Plan
Not
required.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Waste
Characterization
°
Representative
samples
of
waste
must
be
obtained
and
characterized
using
the
TCLP
acid
extraction
test
or
a
modified
TCLP
extraction
test.
°
Three
initial
test
results
for
each
parameter
(
21
total)
are
required
to
show
compliance
with
the
non­
toxic
criteria,
where
applicable.
°
An
organic
or
dioxin
analysis
of
the
simulated
leachate,
or
a
chemical
analysis
of
the
dry
material,
may
be
required
on
a
case­
by­
case
basis.
°
Required
prior
to
submittal
for
CCW
and
any
associated
material.
°
TCLP
for
arsenic,
barium,
cadmium,
chromium,
lead,
mercury,
selenium,
pH,
acidity,
alkalinity,
aluminum,
chloride,
sodium,
iron,
manganese,
sulfate,
TDS,
fluoride,
silver,
zinc.
°
Material
characterization
(
total)
for
pH,
percent
sulfur,
potential
acidity,
neutralization
potential,
net
neutralization
potential.
°
For
use
as
soil
additive:
pH,
boron,
soluble
salts,
phosphorus,
potassium,
calcium,
cation
exchange
capacity.

Waste
Characteristic
Limits
To
be
defined
as
non­
toxic,
TCLP
levels
may
not
exceed
30
times
State
MCLs
for
the
RCRA
toxicity
metals
other
than
silver.
DSM
has
additional,
more
stringent
regulatory
requirements
for
CCWs
that
do
not
meet
this
definition.
°
Maximum
acceptable
leachate
concentrations
are
30
times
State
MCLs
for
arsenic,
barium,
cadmium,
chromium,
lead,
mercury,
selenium.
°
For
alkaline
addition:
pH
between
6.5
and
12.5.
°
For
low
permeability
use:
pH
between
6.5
and
12.5,
hydraulic
conductivity
1x10­
7
cm/
sec.
°
For
use
as
soil
additive:
boron
less
than
4
ppm
(
hot
water
extraction
method,
soluble
salts(
conductivity)
less
than
2
mmhos
when
mixed
with
the
surface
materials.

Address
Acid­
Base
Balance/
Acid
Mine
Drainage
Not
required.
Substantively
similar
to
federal
SMCRA,
plus:
Alkaline
addition
use
requires
complete
acid/
base
accounting
of
the
CCW
and
the
associated
material
(
spoil,
coal
refuse,
etc.).
Calcium
carbonate
deficiency
must
be
more
negative
than
­
5
tons
CaCO3
per
1,000
tons
of
material.

State
Approval
Required
to
Proceed
After
a
site
inspection
and
consultations
with
the
Ohio
EPA
district
office
personnel,
a
permit
to
install
application,
detailed
plans,
an
air
permit
to
operate
Usually
a
major
revision
to
a
mining
permit
if
proposed
through
an
application
to
revise
a
permit.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
78
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
application,
and
an
NPDES
permit
application
need
to
be
submitted.

Public
Participation
Not
required.
Substantively
similar
to
federal
SMCRA,
plus:
°
Proposals
must
include
the
consent
of
the
owner
of
the
land
where
CCW
is
to
be
placed.
°
If
a
major
revision,
must
meet
public
notification/
comment
requirements
of
State
law.
°
New
permit
applications
are
required
to
address
CCW
in
the
public
notice.

During
Placement
Ongoing
Waste
Characterization
At
a
minimum,
annual
tests
must
be
performed
on
the
materials
and
submitted.
Additional
analyses
are
required
for
any
change
in
operations
that
generate
waste.
Characterization
required
annually
or
when
significant
changes
in
CCW
source
or
combustion/
pollution
control
procedures.

Ground­
water
Monitoring
May
be
required
on
a
site­
by­
site
basis.
Substantively
similar
to
federal
SMCRA,
plus:
°
Monitoring
may
be
required
for
additional
parameters.
°
If
required,
monitoring
is
normally
quarterly,
but
may
be
required
at
another
frequency
determined
during
the
review
process.
°
Monitoring
points
typically
associated
with
active
coal
mines
are,
in
most
cases,
capable
of
providing
information
on
the
effects
of
CCW
placement.
°
Monitoring
points
can
be
existing
wells,
springs,
seeps,
mine
discharges,
streams,
ponds,
or
other
sites.
°
Upgradient
and
downgradient
monitoring
points
will
depend
on
the
configuration
of
placement,
volume
of
CCW,
and
existing
conditions
at
the
site.

Performance
Standards
None
specified.
Substantively
similar
to
federal
SMCRA,
plus:
The
use
of
CCW
shall
be
designed
to:
°
Achieve
an
overall
improvement
in
water
quality,
°
Prevent
or
reduce
the
degradation
of
water
quality,
or
°
Have
a
benign
impact
on
water
quality.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
79
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Enforceable
Limits
If
monitoring
is
required,
can
not
exceed
Ohio
water
quality
standards
and
discharge
limitations
specified
in
the
policy
for
19
parameters.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Corrective
Action
Not
required.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Operational
Requirements/
Placement
Engineering
°
Minimum
of
5
feet
between
the
uppermost
aquifer
and
the
bottom
of
the
liner.
°
Recompacted
soil
liner
must
be
at
least
1.5
feet
thick
and
have
a
maximum
permeability
of
1x10­
7
cm/
sec.
°
Leachate
collection
system
required
for
entire
disposal
area.
°
A
wastewater
treatment
facility
to
collect
and
treat
all
leachate
and
contaminated
(
contact)
surface
runoff
from
the
disposal
area
must
be
constructed.
°
A
diversion
ditch
must
be
placed
around
the
perimeter
of
the
disposal
area.
°
A
Storm
Water
Pollution
Prevention
Plan
must
be
implemented.
°
Fugitive
dust
controls
must
be
implemented.
°
A
management
plan
that
details
the
operation
of
the
facility
must
be
submitted.
Substantively
similar
to
federal
SMCRA,
plus:
°
No
placement
within
8
feet
of
the
regional
groundwater
table
unless
DMRM
approves
based
on
information
that
demonstrates
ground­
water
contamination
will
not
occur.
°
If
CCW
exceeds
limits
for
soil
additive
use
and
is
used
in
areas
underlying
surface
growing
media,
must
be
separated
from
the
surface
by
a
minimum
of
30
inches
of
non­
toxic
material.
°
If
CCW
material
is
incorporated
into
acid­
forming
materials
without
a
cap,
the
4
foot
non­
toxic
cover
is
required.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
80
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
May
be
required
on
a
site­
by­
site
basis.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Performance
Bonding
or
Financial
Assurance
Not
required.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Other
Closure/
Post­
closure
Requirements
°
Final
cap
with
thickness
of
at
least
12­
18
inches
of
material
suitable
for
establishing
and
maintaining
vegetative
cover.
°
Final
grading
of
2­
25%,
grading
must
prevent
ponding.
°
Final
cover
and
reclamation
should
be
completed
within
six
months
of
final
ash
placement
in
the
mine.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
81
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
OKLAHOMA
In
Oklahoma,
there
is
currently
no
placement
of
CCW
in
active
coal
mines,
although
it
is
happening
in
several
non­
coal
mines
where
SMCRA
regulations
are
not
applicable.
Oklahoma's
solid
waste
regulations
exempt
CCW
from
all
solid
waste
permitting
requirements
if
disposed
of
in
any
active
or
inactive
coal
or
non­
coal
mining
operation
that
is
permitted
by
the
Department
of
Mines
 
it
is
considered
a
beneficial
use
in
such
a
case.
Oklahoma
recently
proposed
CCW
disposal
regulations
applicable
to
mine
placement.
These
regulations
are
expected
to
be
finalized
in
August
2001.

If
placement
was
to
occur
in
an
active
coal
mine,
it
would
be
under
the
sole
jurisdiction
of
the
Oklahoma
Department
of
Mines
(
DOM)
and
be
subject
to
State
mining
regulations,
which
are
substantively
identical
to
the
Federal
SMCRA
regulations.
Placement
in
coal
mines,
however,
will
most
likely
never
occur
in
Oklahoma.
According
to
Tom
Gilbert
of
the
Oklahoma
Department
of
Mines:
"
It
is
not
a
feasible
alternative
to
dispose
of
coal
combustion
byproducts
(
CCBs)
in
the
active
surface
mining
pits
due
to
the
fairly
thin
beds
of
coal
present
in
Oklahoma.
The
required
storage
volume
isn't
available
without
severely
impacting
the
final
contours.
Also,
transportation
from
the
CCB
producer
to
the
active
coal
mines
is
an
economic
impact.
We
have
not
had
to
deal
with
the
issue
of
returning
CCBs
to
an
active
coal
mine
site
because
of
these
reasons,
and
there
is
little
probability
that
CCBs
will
ever
be
returned
to
active
surface
coal
mining
sites."

References
Oklahoma
Statutes:
Title
45
O.
S.
§
940;
Title
45
et
seq.

Oklahoma
Department
of
Environmental
Quality,
Coal
Combustion
Byproducts
(
CCB)
Policy
Statement.
February
29,
2000.

Cathy
Frank,
Department
of
Mines
(
personal
communication,
5/
10/
01)

Tom
Gilbert,
Department
of
Mines
(
personal
communication,
5/
2/
01)

John
Roberts,
Department
of
Environmental
Quality
(
personal
communication,
4/
10/
01)

Darrell
Shults,
Oklahoma
Department
of
Mines.
Comments
at
IMCC
Intergovernmental
Forum
on
Mine
Placement
of
Coal
Combustion
Wastes.
May
15­
16,
2001.
St.
Louis,
Missouri.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
82
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
PENNSYLVANIA
Beneficial
uses
of
CCW
on
mine
sites
(
i.
e.,
active
and
abandoned
coal
and
non­
coal
mines)
are
under
the
control
of
both
the
Bureau
of
Mining
and
Reclamation
(
BMR)
and
the
Bureau
of
Land
Recycling
and
Waste
Management
(
BLR).
BMR
has
the
authority
for
approval
of
beneficial
use
for
CCW
placement,
as
an
alkaline
addition,
as
low
permeability
material,
and
as
a
soil
additive
or
soil
substitute.
BMR's
beneficial
use
regulations
and
guidelines
for
coal
ash
are
incorporated
into
the
mining
permit
and
address
the
following:

°
Site
characterization,
°
Siting
restrictions,
°
Reclamation
plan,
°
Performance
standards,
°
Waste
characterization
(
both
pre­
placement
and
during
placement),
°
Waste
characteristic
limits,
°
Acid
mine
drainage,
°
State
approval
process,
°
Ground­
water
monitoring
(
both
during
and
after
placement),
°
Enforceable
limits,
°
Operational
requirements/
placement
engineering,
and
°
Closure
requirements.

Pennsylvania's
regulations
allow
utilization
of
CCW
in
non­
coal
mines,
but
little
activity
has
occurred.
Under
a
demonstration
project,
CCW
was
placed
in
a
limestone
quarry
and
monitored
for
ten
years.
The
State
has
denied
subsequent
permit
applications
for
placing
ash
in
quarries.

BLR
does
not
require
a
solid
waste
disposal
permit
for
coal
ash
placement
(
or
any
other
beneficial
uses)
if
the
mine
operator
conforms
to
beneficial
use
requirements.
BLR
has
the
authority
for
approval
of
the
beneficial
use
of
coal
ash
for
mine
subsidence
control,
mine
fire
control,
and
mine
sealing.

References
Pennsylvania
Regulations:
25
PA
Code
287.661­
666;
25
PA
Code
86­
90
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
83
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Beneficial
Uses
of
Coal
Ash
at
Active
Coal
Mine
Sites
(
BMR,
563­
2112­
206)

Certification
Guidelines
for
Beneficial
Uses
of
Coal
Ash
(
BMR,
563­
2112­
224)

Technical
Guidance
Document
for
Beneficial
Uses
of
Coal
Ash
(
BMR,
563­
2112­
225)

Module
25:
Coal
Ash
Beneficial
Use.
5600­
PM­
MRo324.
Rev.
3/
99
Module
27:
Sewage
Sludge/
Coal
Ash
Beneficial
Use.

Michael
Menghini,
District
Mining
Operations,
Pennsylvania
Department
of
Environmental
Protection
and
Bill
Pounds,
Pennsylvania
Department
of
Environmental
Protection.
Presentation
at
IMCC
Intergovernmental
Forum
on
Mine
Placement
of
Coal
Combustion
Wastes.
May
15­
16,
2001.
St.
Louis,
Missouri.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
84
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
PENNSYLVANIA
Allowed
Uses
CCW
Placement
Alkaline
Addition
Low
Permeability
Use
Soil
Additive
Use
Regulatory
Agency
Oversight
Pennsylvania
Department
of
Environmental
Protection:
°
Bureau
of
Mining
and
Reclamation
(
BMR)
°
Bureau
of
Land
Recycling
and
Waste
Management
(
BLR)

Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
Must
demonstrate
that
the
project
will
achieve
an
overall
improvement
in
water
quality
or
prevent
degradation
of
water
quality
from
the
mining
and
reclamation
activity
to
be
permitted
as
a
beneficial
use.
Also,
CCW
cannot
exceed
the
quantity
of
coal
removed.

Site
Characterization
Substantively
similar
to
federal
SMCRA,
plus:
Background
ground­
water
quality
monitoring
is
necessary,
using
6
samples
taken
at
monthly
or
6­
week
intervals.
Substantively
similar
to
federal
SMCRA,
plus:
°
Provisions
at
left.
°
Background
analysis
of
soil
or
spoil
top
cover
is
necessary
to
determine
if
contaminated.

Siting
Restrictions
Substantively
similar
to
federal
SMCRA,
plus:
Use
allowed
only
in:
°
The
pit
or
area
from
which
coal
is
extracted
under
a
surface
coal
mining
permit.
°
Abandoned
coal
mining
areas
located
within
the
surface
coal
ming
permit
area.
°
Coal
refuse
disposal
sites.
Substantively
similar
to
federal
SMCRA,
plus:
°
Provisions
at
left.
°
Not
within
100
feet
of
a
stream
or
wetland.
°
Not
within
300
feet
of
a
water
source.
°
Not
within
100
feet
of
a
sinkhole
or
area
draining
into
a
sinkhole.
°
Not
within
300
feet
of
an
exceptional
value
wetland.

Reclamation
Plan
Substantively
similar
to
federal
SMCRA,
plus:
Beneficial
uses
must
be
described
in
the
reclamation
plan
as
part
of
the
mine
permit
application
or
as
part
of
the
mine
DRAFT
PENNSYLVANIA
Allowed
Uses
CCW
Placement
Alkaline
Addition
Low
Permeability
Use
Soil
Additive
Use
State
CCW
Mine
Placement
Regulations
and
Policy
85
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
reclamation
project.

Waste
Characterization
Certification
system
must
be
approved
by
BMR,
includes
testing
(
at
the
facility
generating
the
ash)
for
20
constituents,
pH,
calcium
carbonate
equivalent,
and
hydraulic
conductivity
(
SPLP
used
for
leachate
analysis
of
all
metals
and
pH).

Waste
Characteristic
Limits
°
Maximum
acceptable
leachate
concentration
is
normally
25
times
the
ground­
water
parameters
for
metals
and
other
cations,
or
10
times
the
ground­
water
parameters
for
nonmetals.
°
pH
between
7.0­
12.5.
As
for
CCW
placement,
plus:
°
Calcium
carbonate
equivalent
of
at
least
100
parts
per
thousand
or
10%
by
dry
weight.
As
for
CCW
placement,
plus:
°
Hydraulic
conductivity
1.0x10­
6
cm/
sec
or
less.
As
for
CCW
placement,
plus:
°
pH
between
6.5­
8.0.
°
Maximum
loading
rates
for
9
contaminants
(
mostly
metals).
°
As
a
liming
agent,
calcium
carbonate
equivalent
of
at
least
100
parts
per
thousand
or
10%
by
dry
weight.

Address
Acid­
Base
Balance/
Acid
Mine
Drainage
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
Substantively
similar
to
federal
SMCRA,
plus:
Specific
application
and
ground­
water
monitoring
requirements
for
application
of
coal
ash
as
an
alkaline
addition.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

State
Approval
Required
to
Proceed
CCW
must
be
certified
for
beneficial
uses
by
BMR
and
addressed
in
the
reclamation
plan
under
the
mining
permit
or
mine
reclamation
project.
A
new
permit
application
or
a
major
permit
revision
(
using
Modules
25/
27)
is
required
to
use
coal
ash
at
an
active
mine
site.

Public
Participation
Public
notice
required.
Not
required.
DRAFT
PENNSYLVANIA
Allowed
Uses
CCW
Placement
Alkaline
Addition
Low
Permeability
Use
Soil
Additive
Use
State
CCW
Mine
Placement
Regulations
and
Policy
86
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
During
Placement
Ongoing
Waste
Characterization
The
generator
must
submit
information
every
6
months
(
or
sooner
if
there
are
any
changes
in
operation
of
the
combustion
unit
generating
the
coal
ash)
to
demonstrate
that
the
ash
continues
to
meet
the
certification
guidelines.

Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
plus:
°
For
active
coal
mine
sites,
quarterly
sampling
for
11
parameters
and
annually
for
15
more
parameters.
°
For
abandoned
mine
sites,
sampling
frequency
determined
by
the
BMR
for
26
parameters.
°
There
must
be
at
least
one
downgradient
monitoring
point
from
an
active
coal
mine
site.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Performance
Standards
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Enforceable
Limits
Substantively
similar
to
federal
SMCRA,
plus:
Cannot
produce
a
leachate
exceeding
DEP
established
limits.

Corrective
Action
Substantively
similar
to
federal
SMCRA,
plus:
State
has
specific
corrective
action
authority
applicable
to
mine
placement.

Operational
Requirements/
Placement
Engineering
Substantively
similar
to
federal
SMCRA,
plus:
°
No
waste
or
other
materials
may
be
mixed
with
CCW
except
for
the
purposes
of
pH
adjustment
and
hardening.
°
The
bottom
of
ash
must
be
at
least
8
feet
above
the
top
of
the
regional
ground­
water
table
elevation.
°
Dust
control
measures.
°
Erosion
and
sediment
controls.
°
An
operations
map
showing
the
areal
extent
of
the
beneficial
use
of
coal
ash
and
the
monitoring
locations,
if
applicable.
Substantively
similar
to
federal
SMCRA,
plus:
°
Provisions
for
CCW
placement.
°
Must
have
a
minimum
thickness
of
2
feet
(
exceptions
on
a
site­
bysite
basis).
Substantively
similar
to
federal
SMCRA,
plus:
°
Provisions
for
CCW
placement.
°
Use
as
soil
substitute
cannot
exceed
3
feet
in
depth.
°
Use
as
soil
additive
cannot
exceed
1
foot
in
depth.
°
Control
surface
runoff
with
runoff
control
structures.
°
Not
in
contact
with
the
DRAFT
PENNSYLVANIA
Allowed
Uses
CCW
Placement
Alkaline
Addition
Low
Permeability
Use
Soil
Additive
Use
State
CCW
Mine
Placement
Regulations
and
Policy
87
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
seasonal
high
water
table.
°
CCW
must
be
incorporated
into
the
soil
within
48
hours
of
application.
°
May
not
be
applied
to
soil
being
used
for
agriculture
where
the
soil
pH
is
<
5.5.

Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
plus:
°
Monitoring
must
continue
with
quarterly
reports
and
annual
reports
submitted
until
closure.
°
Ground­
water
monitoring
may
be
extended
by
BMR
if
there
is
an
indication
of
groundwater
degradation.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Performance
Bonding
or
Financial
Assurance
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Other
Closure/
Post­
closure
Requirements
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
88
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
TENNESSEE
In
Tennessee,
CCW
mine
placement
has
yet
to
occur.
If
it
were
to
occur,
it
would
be
subject
to
applicable
Federal
mining
regulations
 
the
coal
mining
program
is
administered
by
US
Department
of
the
Interior's
Office
of
Surface
Mine
Reclamation
and
Enforcement
(
OSM)
rather
than
the
State.
In
addition,
the
Tennessee
Department
of
Environmental
Conservation
(
TDEC),
Division
of
Solid
and
Hazardous
Waste
Management
Solid
Waste
Program
allows
CCW
to
be
beneficially
reused
under
specific
coal
ash
permit­
by­
rule
regulations
if
testing
confirms
the
CCW
to
be
non­
hazardous.
The
permit­
by­
rule
regulations
would
likely
be
applied
to
CCW
mine
placement,
were
such
a
project
proposed.
The
regulations
require
prior
written
notification
of
the
beneficial
use
(
or
a
request
for
a
case­
by­
case
approval)
and
address
the
following:

°
Siting
restrictions,
°
Reclamation
plan,
°
Waste
characteristic
limits,
°
State
approval
process,
°
Ground­
water
monitoring
(
may
be
required
on
a
site­
by­
site
basis),
°
Operational
requirements/
placement
engineering,
°
Financial
assurance
(
may
be
required
on
a
site­
by­
site
basis),
and
°
Closure
requirements.

References
Tennessee
Regulations:
TCA
§
1200­
1­
7­.
02(
1)(
c)(
1)(
ii)

Glen
Pugh,
TDEC,
Division
of
Solid/
Hazardous
Waste
Management
(
personal
communication,
4/
25/
01)
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
89
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
TENNESSEE
Regulatory
Agency
Oversight
°
US
Department
of
the
Interior
OSM
°
Tennessee
Department
of
Environmental
Conservation
(
TDEC),
Division
of
Solid
and
Hazardous
Waste
Management
Allowed
Uses
Mine
placement.

Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
Not
required
(
as
per
federal
SMCRA)

Site
Characterization
Regulated
by
OSM
under
federal
SMCRA,
no
additional
requirements.

Siting
Restrictions
Regulated
by
OSM
under
federal
SMCRA,
plus:
°
Not
in
wetlands,
sink
holes
or
caves,
or
in
100­
year
floodplain
unless
certain
conditions
are
met.
°
Cannot
be
located
where
the
activity
would
affect
endangered
or
threatened
species
or
habitats.

Reclamation
Plan
Regulated
by
OSM
under
federal
SMCRA,
no
additional
requirements.

Waste
Characterization
Not
required
(
as
per
federal
SMCRA).

Waste
Characteristic
Limits
CCW
must
be
non­
hazardous.

Address
Acid­
Base
Balance/
Acid
Mine
Drainage
Regulated
by
OSM
under
federal
SMCRA,
no
additional
requirements.

State
Approval
Required
to
Proceed
Regulated
by
OSM
under
federal
SMCRA,
plus:
Prior
written
notification
of
the
beneficial
use
(
or
a
request
for
a
case­
by­
case
approval)
must
be
submitted
to
TDEC
and
approved.
Permit­
by­
rule
authorization
must
be
kept
at
the
facility.

Public
Participation
Regulated
by
OSM
under
federal
SMCRA,
no
additional
requirements.
DRAFT
TENNESSEE
State
CCW
Mine
Placement
Regulations
and
Policy
90
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
During
Placement
Ongoing
Waste
Characterization
Not
required
(
as
per
federal
SMCRA).

Ground­
water
Monitoring
Regulated
by
OSM
under
federal
SMCRA,
plus:
Additional
monitoring
may
be
required
by
TDEC
for
specially­
approved
projects.

Performance
Standards
Regulated
by
OSM
under
federal
SMCRA,
plus:
Fill
area
must
be
operated,
maintained,
and
closed
in
a
manner
so
as
to
minimize:
°
Potential
for
harmful
release
of
CCW.
°
Potential
for
harm
to
public
through
uncontrolled
access.

Enforceable
Limits
Regulated
by
OSM
under
federal
SMCRA,
no
additional
requirements.

Corrective
Action
Regulated
by
OSM
under
federal
SMCRA,
no
additional
requirements.

Operational
Requirements/
Placement
Engineering
Regulated
by
OSM
under
federal
SMCRA,
plus:
Must
have:
°
The
appropriate
equipment
available
to
spread
and
compact
the
coal
ash
and
for
handling
the
earthwork.
°
An
artificial
or
natural
barrier
to
control
access.
°
A
geologic
buffer
of
3
feet
between
base
of
fill
and
the
seasonal
higher
water
table
of
the
uppermost
unconfined
aquifer.
°
Dust
control
measures.
°
One
permanent
benchmark
(
i.
e.,
concrete
marker).
DRAFT
TENNESSEE
State
CCW
Mine
Placement
Regulations
and
Policy
91
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Regulated
by
OSM
under
federal
SMCRA,
plus:
Additional
monitoring
may
be
required
by
TDEC
for
specially­
approved
projects.

Performance
Bonding
or
Financial
Assurance
Regulated
by
OSM
under
federal
SMCRA,
plus:
Financial
assurance
may
be
required
by
TDEC
for
specially­
approved
projects.

Other
Closure/
Post­
closure
Requirements
Regulated
by
OSM
under
federal
SMCRA,
plus:
°
Within
90
days
of
completion,
final
cover
of
2
feet
of
compacted
soil,
except
those
areas
already
covered
by
barriers
to
water
infiltration.
°
Upper
6
inches
of
cover
must
be
able
to
support
vegetation.
°
Final
surface
graded
and
provided
with
drainage
facilities
in
a
manner
that:
minimizes
erosion
of
cover
material
(
no
steep
slopes,
use
of
mulch,
silt
barriers),
promotes
drainage
(
prevents
pooling),
and
provides
a
drainage
system
consistent
with
the
surrounding
area.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
92
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
TEXAS
Texas
Natural
Resource
Conservation
Commission
(
TNRCC)
solid
waste
policy
allows
beneficial
uses
of
CCW
as
a
"
co­
product,"
including
as
backfill
to
achieve
original
contours
at
mine
sites.
If
the
placement
of
CCW
at
a
mine
site
meets
this
definition
as
a
beneficial
use,
it
is
regulated
by
the
Railroad
Commission
of
Texas,
Surface
Mining
and
Reclamation
Division
(
SMRD)
and
not
by
TNRCC.
SMRD
applies
State
mining
regulations
that
are
substantively
similar
to
the
federal
SMCRA
regulations.
If
the
placement
not
approved
as
a
beneficial
use,
TNRCC
subjects
the
practice
to
solid
waste
regulations
and
SMRD
defers
entirely
to
TNRCC.

In
Texas,
coal
combustion
waste
falls
under
the
program
for
nonhazardous
industrial
solid
waste.
No
permit
is
required
for
disposal
of
nonhazardous
industrial
solid
waste,
if:
(
1)
the
waste
is
disposed
on
property
owned
or
otherwise
effectively
controlled
by
the
owner
or
operator
of
the
plant
from
which
the
waste
results,
(
2)
the
property
is
within
50
miles
of
the
plant,
and
(
3)
the
waste
is
not
commingled
with
waste
from
any
other
source
not
owned
by
the
same
person.
However,
the
operator
must
still
notify
the
State
(
and
include
information
on
waste
composition,
facility
design,
and
site
geology),
maintain
certain
records,
and
close
the
site
in
compliance
with
the
Texas
Risk
Reduction
Program.
Mines
accepting
coal
combustion
waste
not
meeting
the
three
permit­
exemption
criteria
must
obtain
a
solid
waste
permit
and
are
subject
to
the
regulations
that
address
the
following:

°
Site
characterization,
°
Siting
restrictions,
°
Waste
characterization,
°
Waste
characteristic
limits,
°
State
approval
process,
°
Public
participation,
°
Ground­
water
monitoring
(
both
during
and
after
placement),
°
Performance
standards,
°
Enforceable
limits,
°
Corrective
action,
°
Operational
requirements/
placement
engineering,
°
Financial
assurance,
and
°
Closure
requirements.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
93
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Nonhazardous
industrial
solid
waste
is
characterized
into
Class
1,
Class
2,
or
Class
3
waste.
Class
1
is
waste
that
is
toxic,
corrosive,
flammable
or
may
pose
a
substantial
danger
to
human
health
or
the
environment
if
improperly
disposed.
Class
3
is
inert
and
essentially
insoluble
solid
waste.
Class
2
is
any
waste
that
fits
neither
the
Class
1
or
Class
3
definitions.
According
to
TNRCC,
CCW
in
Texas
is
most
often
characterized
as
Class
2
waste
and
sometimes
as
Class
3.
The
requirements
below
are
for
disposal
of
Class
2
waste.
The
requirements
for
Class
3
are
less
restrictive
 
for
example,
monitoring
is
not
required.

References
Texas
Statutes:
5
THSC
§
361;
TWC
§
26.121
Texas
Regulations:
30
TAC
§
37,
§
39,
§
330,
and
§
335
(
Subchapters
A
and
R);
16
TAC
12
TNRCC
Memo:
Coal
Combustion
By­
Products
and
TRNCC
Regulations.
August
25,
1995.

TNRCC
Memo
(
to
an
Operator):
Use
of
Bottom
Ash
and
Fly
Ash
as
a
"
Co­
Product."
March
25,
1998.

Jesse
Boultinghouse,
Texas
Natural
Resource
Conservation
Commission
(
personal
communication,
4/
11/
01)

John
Kaudol,
Railroad
Commission
of
Texas,
Surface
Mining
and
Reclamation
Division
(
personal
communication,
4/
26/
01)

Susi
Ferguson,
Texas
Natural
Resource
Conservation
Commission
(
personal
communication,
6/
21/
01)

Susi
Ferguson,
Texas
Natural
Resource
Conservation
Commission,
and
Melvin
Hodgkiss,
Railroad
Commission
of
Texas,
Surface
Mining
and
Reclamation
Division.
Comments
at
IMCC
Intergovernmental
Forum
on
Mine
Placement
of
Coal
Combustion
Wastes.
May
15­
16,
2001.
St.
Louis,
Missouri.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
94
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
TEXAS
Disposal
Beneficial
Use
Regulatory
Agency
Oversight
Texas
Natural
Resource
Conservation
Commission
(
TNRCC)
Railroad
Commission
of
Texas,
Surface
Mining
and
Reclamation
Division
Allowed
Uses
Placement
at
mine
sites
in
approved
disposal
areas.
Placement
at
mine
sites
for
beneficial
uses,
including
backfill
to
achieve
original
contour
Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
Placement
other
than
for
the
purpose
of
reclamation
or
placement
that
delays
contemporaneous
reclamation
is
defined
as
disposal.
Placement
for
the
purpose
of
reclamation
is
defined
as
beneficial
use
Site
Characterization
The
background
water
quality
must
be
established.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Siting
Restrictions
There
are
restrictions
on:
°
Fault
areas
(
not
within
200
feet
of
a
fault).
°
Floodplains.
°
Wetlands.
°
Seismic
impact
zones.
°
Unstable
areas.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Reclamation
Plan
Not
required.
Substantively
similar
to
federal
SMCRA,
plus:
CCW
placement
must
be
addressed
in
the
reclamation
plan
Waste
Characterization
Waste
characterization
is
required
using
approved
EPA
methods
or
an
alternate
method.
The
coal
combustion
waste
may
be
designated
a
Class
1,
2,
or
3
waste.
Not
required
(
as
per
federal
SMCRA)

Waste
Characteristic
Limits
None
specified
(
as
per
federal
SMCRA)

Address
Acid­
Base
Balance/
Acid
Mine
Drainage
Not
required.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
DRAFT
TEXAS
Disposal
Beneficial
Use
State
CCW
Mine
Placement
Regulations
and
Policy
95
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
State
Approval
Required
to
Proceed
A
solid
waste
permit
is
required,
unless
the
waste
is
disposed
on
the
generator's
own
property.
If
the
latter,
only
notification
is
required.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Public
Participation
The
issuance
of
a
solid
waste
permit
is
subject
to
public
notice
and
comment
requirements
that
are
substantively
similar
to
SMCRA's.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

During
Placement
Ongoing
Waste
Characterization
Not
required.
Not
required
(
as
per
federal
SMCRA).

Ground­
water
Monitoring
°
Must
submit
a
ground­
water
sampling
and
analysis
plan.
°
Downgradient
monitoring
system
shall
ensure
the
detection
of
ground­
water
contamination
of
the
uppermost
aquifer.
°
At
a
minimum,
detection
monitoring
for
62
constituents
us
required,
although
TNRCC
may
alter
the
list.
°
Assessment
monitoring
is
required
whenever
a
statistically
significant
change
from
background
levels
has
been
detected.
°
Semi­
annual
sampling
is
required
through
the
postclosure
period.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Performance
Standards
The
disposal
activity
may
not
cause:
°
The
discharge
or
imminent
threat
of
discharge
into
waters
of
the
State
without
NPDES
permit
authorization.
°
The
creation
and
maintenance
of
a
nuisance.
°
The
endangerment
of
the
public
health
and
welfare.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
DRAFT
TEXAS
Disposal
Beneficial
Use
State
CCW
Mine
Placement
Regulations
and
Policy
96
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Enforceable
Limits
If
assessment
monitoring
detects
a
statistically
significant
level
above
ground­
water
quality
protection
standards,
then
an
assessment
of
corrective
measures
is
required.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Corrective
Action
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Operational
Requirements/
Placement
Engineering
°
Site
operating
plan.
°
Composite
liner
(
30
mil
flexible
membrane
liner
and
2
feet
compacted
soil).
°
Leachate
collection
and
removal
system.
°
Ensure
lowest
level
of
disposal
is
above
the
seasonal
high
water
table.
°
Compact
and
cover
daily.
°
Dust
control.
°
Endangered
species
protection.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Required
until
the
end
of
the
post­
closure
period.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Performance
Bonding
or
Financial
Assurance
°
Required
for
closure,
post­
closure,
and
the
completion
of
any
corrective
action.
°
Trust
fund,
letter
of
credit,
insurance,
financial
test,
or
corporate
guarantee.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
DRAFT
TEXAS
Disposal
Beneficial
Use
State
CCW
Mine
Placement
Regulations
and
Policy
97
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Other
Closure/
Post­
closure
Requirements
°
Final
closure
and
post­
closure
plans
required.
°
Within
180
days
of
final
receipt
of
waste,
must
place
a
final
cover
system
with
at
least
2
feet
of
soil
and
consisting
of
an
infiltration
layer
and
an
erosion
layer
of
at
least
6
inches.
°
Closure
must
be
compliant
with
the
standards
of
the
Texas
Risk
Reduction
Program.
This
program
requires
that
the
closure
design
minimize
or
eliminate
postclosure
escape
of
waste,
contaminants,
leachate,
or
run­
off
and
minimize
or
eliminate
the
need
for
further
maintenance
and
control.
°
Post­
closure
period
of
at
least
30
years
(
may
be
reduced
on
a
case­
by­
case
basis).
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
98
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
UTAH
Currently,
there
is
no
placement
of
CCW
in
Utah
mines.
Under
Utah
solid
waste
law,
CCW
is
exempt
from
regulation
as
a
solid
waste
unless
it
causes
a
public
nuisance
or
public
health
hazard,
or
is
otherwise
determined
to
be
a
hazardous
waste.
Therefore,
if
CCW
mine
placement
were
to
occur,
it
would
be
under
the
sole
jurisdiction
of
the
Utah
Department
of
Natural
Resources,
Division
of
Oil,
Gas,
and
Mining
and
be
subject
to
State
mining
regulations
that
are
substantively
identical
to
Federal
SMCRA
regulations.
According
to
Daron
Haddock
of
the
Division
of
Oil,
Gas,
and
Mining,
the
review
and
approval
of
the
activity,
as
part
of
the
reclamation
plan
under
a
surface
mining
permit,
would
most
likely
be
the
same
as
for
the
onsite
disposal
of
non­
coal
mine
waste
or
coal
processing
waste.

References
Utah
Statutes:
UCA
19­
6­
102(
17)(
b)(
iii)

Utah
Regulations:
R645­
100
et
seq.

Daron
Haddock,
Utah
Department
of
Natural
Resources,
Division
of
Oil,
Gas,
and
Mining
(
personal
communication,
5/
2/
01)

Daron
Haddock,
Utah
Department
of
Natural
Resources,
Division
of
Oil,
Gas,
and
Mining.
Comments
at
IMCC
Intergovernmental
Forum
on
Mine
Placement
of
Coal
Combustion
Wastes.
May
15­
16,
2001.
St.
Louis,
Missouri.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
99
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
VIRGINIA
The
Virginia
Department
of
Mines,
Minerals
and
Energy,
Division
of
Mined
Land
Reclamation
(
DMME)
has
sole
jurisdiction
over
the
beneficial
use
of
CCW
on
permitted
mine
sites.
Under
Virginia
law,
CCWs
are
exempt
from
all
solid
waste
regulations
if
considered
a
beneficial
use
under
DMME's
program.
The
Virginia
Department
of
Environmental
Quality
has
developed
specific
regulations
regarding
the
beneficial
use
of
CCW,
which
are
to
be
implemented
by
DMME
in
cases
of
mine
reclamation
or
mine
refuse
disposal
(
which
have
yet
to
happen
since
the
regulations
were
developed
in
1995).
The
regulations
do
not
require
DMME
approval
prior
to
CCW
mine
placement,
but
do
require
notification.
The
regulations
also
include
the
following:

°
Siting
restrictions,
°
Reclamation
plan,
°
Waste
characterization,
°
Waste
characteristic
limits,
°
Enforceable
limits
(
may
be
established
on
a
site­
by­
site
basis),
°
Operational
requirements/
placement
engineering,
and
°
Closure
requirements.

If
the
use
of
CCW
for
mine
placement
activity
is
not
considered
a
beneficial
use
by
DMME
or
if
the
CCW
contains
a
constituent
that
exceeds
the
waste
characteristic
limits
set
forth
in
the
regulations,
then
a
solid
waste
permit
is
required.
Virginia's
solid
waste
permit
requirements
are
summarized
in
Regulation
of
Landfills
and
Surface
Impoundments
Managing
Coal
Combustion
Waste
in
26
States,
December
14,
2000.
Because
details
regarding
the
applicability
of
these
requirements
to
mine
placement
projects
have
not
yet
be
tested
through
implementation,
the
requirements
are
not
summarized
here.

References
Virginia
Statutes:
45.1
CV
Chapter
19
VR
672­
20­
20,
February
22,
1995;
VR
480­
03­
19
9
VAC
20­
80­
150,
20­
80­
160,
and
20­
85
et
seq.

Guidelines
for
Use
of
Coal
Combustion
By­
Products
on
DMME/
DMLR
Permits
(
2/
95)
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
100
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Lynn
Haynes,
Virginia
Department
of
Mines,
Minerals
and
Energy,
Division
of
Mined
Land
Reclamation
(
personal
communication,
6/
21/
01)
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
101
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
VIRGINIA
Regulatory
Agency
Oversight
Virginia
Department
of
Environmental
Quality,
Department
of
Mines,
Minerals
and
Energy,
Division
of
Mined
Land
Reclamation
(
DMME)

Allowed
Uses
For
mine
reclamation
or
mine
refuse
disposal
on
a
DMME­
permitted
mine
site.

Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
The
operator
must
show
that
the
use
of
the
CCW
on
the
mine
site
would
serve
a
beneficial
purpose
in
the
reclamation
efforts,
otherwise
it
would
be
considered
disposal.
However,
since
there
has
yet
to
be
a
proposal
to
use
CCW
on
a
mine
site,
there
has
been
no
test
of
what
is
considered
to
be
a
"
beneficial
use."

Site
Characterization
Substantively
similar
to
federal
SMCRA,
plus:
The
Probable
Hydrologic
Consequences
(
PHC)
assessment
must
also
address
use
of
CCW
on
the
coal
mine
site.

Siting
Restrictions
Substantively
similar
to
federal
SMCRA,
plus:
CCW
cannot
be
placed:
°
In
areas
subject
to
base
floods,
except
in
certain
situations.
°
With
the
vertical
separation
between
the
CCW
and
the
maximum
seasonal
water
table
or
bedrock
less
than
two
feet.
°
Closer
than
100
feet
from
any
perennial
stream,
water
well,
or
sinkhole.
°
Closer
than
25
feet
from
a
bedrock
outcrop
or
property
boundaries.
°
In
wetlands,
unless
appropriate
permits
are
obtained.
°
At
the
site
of
an
active
or
inactive
dump,
unpermitted
landfill,
lagoon
or
similar
facility,
even
if
closed.

Reclamation
Plan
Substantively
similar
to
federal
SMCRA,
plus:
30
days
prior
to
initial
placement:
°
Certify
owner
has
legal
control
for
the
project
life
and
closure
period,
operation
is
in
compliance
with
local
ordinances,
and
owner
will
allow
compliance
inspections.
°
Describe
intended
use,
the
site,
estimated
start
and
completion
dates,
and
the
volume
to
be
used.
°
Certify
that
locational
restrictions
are
satisfied
and
project
is
designed
to
specified
standards.
°
Submit
an
operation
plan
and
closure
plan.

Waste
Characterization
Describe
the
physical
and
chemical
characteristics
of
the
CCW,
including
TCLP
analyses
for
8
constituents.
DRAFT
VIRGINIA
State
CCW
Mine
Placement
Regulations
and
Policy
102
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Waste
Characteristic
Limits
°
Arsenic,
Chromium,
Lead,
Silver
less
than
5.0
mg/
l.
°
Barium
less
than
100
mg/
l.
°
Cadmium
and
Selenium
less
than
1.0
mg/
l.
°
Mercury
less
than
0.2
mg/
l.

Address
Acid­
Base
Balance/
Acid
Mine
Drainage
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

State
Approval
Required
to
Proceed
If
the
mining
and
reclamation
permit
already
includes
the
applicable
provisions
of
the
CCW
regulations
(
Parts
II
and
IV),
then
CCW
placement
would
require
only
notification
to
DMME,
including
a
certification
and
description
of
activities.
If
the
permit
does
not
already
include
the
applicable
provisions
of
the
CCW
regulations,
then
CCW
placement
would
require
a
major
permit
revision.

Public
Participation
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

During
Placement
Ongoing
Waste
Characterization
Not
required
(
as
per
federal
SMCRA).

Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Performance
Standards
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Enforceable
Limits
Substantively
similar
to
federal
SMCRA,
plus:
Specific
enforceable
limits
may
be
established
on
a
site­
by­
site
basis.

Corrective
Action
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Operational
Requirements/
Placement
Engineering
Substantively
similar
to
federal
SMCRA,
plus:
Operation
plan
must
include:
°
Control
of
tracking
of
CCW
onto
public
roads.
°
Prohibition
on
addition
of
any
solid
waste.
°
Control
of
fugitive
dust.
°
CCW
placed
in
no
greater
than
1
foot
layers
and
then
compacted.
°
A
surface
run­
on
and
run­
off
control
program.
DRAFT
VIRGINIA
State
CCW
Mine
Placement
Regulations
and
Policy
103
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Performance
Bonding
or
Financial
Assurance
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Other
Closure/
Post­
closure
Requirements
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
104
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
WASHINGTON
In
Washington,
placement
of
CCW
in
mines
is
subject
to
applicable
Federal
mining
regulations
 
the
mining
program
is
administered
by
US
Department
of
the
Interior's
Office
of
Surface
Mine
Reclamation
and
Enforcement
(
OSM)
rather
than
the
State.
In
addition,
the
Washington
Department
of
Ecology
(
DOE)
considers
CCW
to
be
a
solid
waste
that
must
be
permitted
when
placed
in
a
mine.
The
solid
waste
permitting
authority
is
legislated
to
local
health
departments.
At
present,
DOE
is
in
the
initial
stages
of
developing
CCW
beneficial
use
policy.
The
current
regulatory
structure
allows
for
case­
specific
requirements
to
be
determined
by
the
local
authorities
in
the
solid
waste
permits.
The
table
below
includes
local
permit
requirements
for
a
mine
currently
accepting
CCW
to
be
incorporated
as
backfill.

References
Washington
Regulations:
WAC
173­
303­
016;
173­
304­
461
Chuck
Matthews,
Washington
Department
of
Ecology
(
personal
communication,
4/
27/
01)

PacifiCorp's
Centralia
Coal
Mine
Solid
Waste
Permit
for
2000
(
issued
by
Lewis
County
Health
&
Social
Services,
Chehalis,
WA)
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
105
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
WASHINGTON
Regulatory
Agency
Oversight
°
US
Department
of
the
Interior
OSM
°
Washington
Department
of
Ecology
°
Local
health
departments
Allowed
Uses
Mine
placement.

Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
Not
required
(
as
per
federal
SMCRA)

Site
Characterization
Regulated
by
OSM
under
federal
SMCRA,
no
additional
requirements.

Siting
Restrictions
Regulated
by
OSM
under
federal
SMCRA,
plus:
May
not
be
located
on
any
hill
whose
slope
is
unstable.

Reclamation
Plan
Regulated
by
OSM
under
federal
SMCRA,
no
additional
requirements.

Waste
Characterization
Not
required
(
as
per
federal
SMCRA).

Waste
Characteristic
Limits
None
specified
(
as
per
federal
SMCRA).

Address
Acid­
Base
Balance/
Acid
Mine
Drainage
Regulated
by
OSM
under
federal
SMCRA,
no
additional
requirements.

State
Approval
Required
to
Proceed
Regulated
by
OSM
under
federal
SMCRA,
plus:
A
solid
waste
disposal
permit
is
required
and
must
be
obtained
from
the
local
health
department.

Public
Participation
Regulated
by
OSM
under
federal
SMCRA,
no
additional
requirements.
DRAFT
WASHINGTON
State
CCW
Mine
Placement
Regulations
and
Policy
106
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
During
Placement
Ongoing
Waste
Characterization
Not
required
(
as
per
federal
SMCRA)

Ground­
water
Monitoring
Regulated
by
OSM
under
federal
SMCRA,
plus:
°
At
least
three
ground­
water
monitoring
wells
are
required;
one
upgradient
and
two
downgradient
of
the
backfilled
areas
incorporating
the
CCW
°
Monitoring
data
must
be
submitted
annually
Performance
Standards
Regulated
by
OSM
under
federal
SMCRA,
no
additional
requirements.

Enforceable
Limits
Regulated
by
OSM
under
federal
SMCRA,
no
additional
requirements.

Corrective
Action
Regulated
by
OSM
under
federal
SMCRA,
no
additional
requirements.

Operational
Requirements/
Placement
Engineering
Regulated
by
OSM
under
federal
SMCRA,
plus:
°
Maintain
record
of
the
weights
or
volumes
and
types
of
wastes
disposed
at
the
site
°
All
closed
portions
of
the
site
must
be
maintained
to
prevent
excess
water
intrusion
°
Must
be
at
least
one
person
on­
site
during
all
disposal
events
who
is
a
State­
certified
landfill
operator
Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Regulated
by
OSM
under
federal
SMCRA,
no
additional
requirements.

Performance
Bonding
or
Financial
Assurance
Regulated
by
OSM
under
federal
SMCRA,
no
additional
requirements.

Other
Closure/
Post­
closure
Requirements
Regulated
by
OSM
under
federal
SMCRA,
no
additional
requirements.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
107
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
WEST
VIRGINIA
When
CCW
is
beneficially
used
at
mine
sites,
the
activity
is
under
the
authority
of
the
West
Virginia
Department
of
Environmental
Protection
Office
of
Mining
and
Reclamation
(
OMR).
OMR
applies
State
mining
regulations
that
are
substantively
similar
to
the
Federal
SMCRA
regulations.
OMR
requires
a
modification
of
the
mining
permit
and
has
developed
written
guidelines
specific
to
CCW
beneficial
use
at
mine
sites.
The
guidelines
address
the
following:

°
Site
characterization,
°
Reclamation
plan,
°
Waste
characterization
(
both
pre­
placement
and
during
placement),
°
Acid
mine
drainage,
°
State
approval
process,
°
Ground­
water
monitoring
(
both
during
and
after
placement),
°
Enforceable
limits
(
may
be
established
on
a
site­
by­
site
basis),
and
°
Operational
requirements/
placement
engineering.

It
is
the
State's
policy
to
use
a
volume
ratio
of
8:
1
(
CCW
to
coal
refuse)
to
decide
if
the
use
of
CCW
is
a
beneficial
use
at
the
mine
site.
If
the
ratio
is
exceeded,
the
use
is
then
considered
disposal.
Projects
constituting
disposal
under
this
definition
have
not
yet
been
pursued
in
West
Virginia.
According
to
OMR
staff,
however,
were
such
projects
proposed,
they
would
require
a
solid
waste
permit
from
the
Department
of
Environmental
Protection's
Office
of
Solid
Waste
(
OSW).
West
Virginia's
solid
waste
permit
requirements
are
summarized
in
Regulation
of
Landfills
and
Surface
Impoundments
Managing
Coal
Combustion
Waste
in
26
States,
December
14,
2000.
Because
details
regarding
the
applicability
of
these
requirements
to
mine
placement
projects
have
not
yet
be
tested
through
implementation,
the
requirements
are
not
summarized
here.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
108
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
References
West
Virginia
Statutes:
West
Virginia
Code
Chapter
22,
Article
3
West
Virginia
Regulations:
33
CSR
1­
5.5.
b.
4;
33
CSR
2,
Sections
1­
22
Mining
and
Reclamation
Policy
Memo:
Disposal
and
Utilization
of
Coal
Ash
on
Surface
Mining
Operations.
January
3,
1994.

Application
for
Coal
Ash
Utilization.
MR­
36,
January
1994.

Coal
Combustion
By­
Product
Utilization
Policy.
January
13,
1998.

Harold
"
Rocky"
Parsons,
Office
of
Mining
and
Reclamation,
West
Virginia
Department
of
Environmental
Protection
(
personal
communication
4/
11/
01)

Harold
"
Rocky"
Parsons,
Office
of
Mining
and
Reclamation,
West
Virginia
Department
of
Environmental
Protection.
Presentation
at
IMCC
Intergovernmental
Forum
on
Mine
Placement
of
Coal
Combustion
Wastes.
May
15­
16,
2001.
St.
Louis,
Missouri.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
109
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
WEST
VIRGINIA
Regulatory
Agency
Oversight
West
Virginia
Department
of
Environmental
Protection:
°
Office
of
Mining
and
Reclamation
(
OMR)
°
Office
of
Solid
Waste
(
OSW)

Allowed
Uses
Use
as
soil
amendments,
use
on
surface
mining
operations,
to
fill
voids
in
permitted
underground
mines,
and
other
uses
as
approved
by
OMR.

Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
Under
State
policy,
projects
using
less
than
an
8:
1
ratio
of
CCW
to
coal
refuse
are
defined
as
beneficial
use
and
subject
to
the
requirements
summarized
here.
Projects
exceeding
this
ratio
would
be
considered
disposal
and
regulated
by
OSW.

Site
Characterization
Substantively
similar
to
federal
SMCRA,
plus:
Water
quality
sampling
and
analysis
for
19
parameters
is
required.

Siting
Restrictions
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Reclamation
Plan
Substantively
similar
to
federal
SMCRA,
plus:
Applicants
must
provide
a
coal
ash
utilization
plan
that
includes:
°
A
map
of
the
proposed
coal
ash
utilization
area,
with
certain
attributes
marked,
and
a
cross­
section
map.
°
A
description
of
how
the
use
will
affect
the
mining
and
reclamation
plan,
and
post­
mining
land
use.

Waste
Characterization
At
a
minimum,
leachate
analysis
for
19
parameters
(
TCLP
testing
for
metals
only)
and
full
testing
for
all
new
sources
is
required.

Waste
Characteristic
Limits
CCW
which
exhibits
potentially
toxic
or
potentially
acid
producing
characteristics
will
not
be
approved
for
beneficial
use.

Address
Acid­
Base
Balance/
Acid
Mine
Drainage
Substantively
similar
to
federal
SMCRA,
plus:
Assessment
of
neutralization
potential
is
required
using
procedures
laid
out
in
OMR
guidelines.

State
Approval
Required
to
Proceed
Substantively
similar
to
federal
SMCRA,
plus:
Requires
submission
of
the
Application
for
Coal
Ash
Utilization
form
and
a
modification
of
the
mining
permit,
or
a
solid
waste
disposal
permit
(
if
considered
disposal
rather
than
a
beneficial
use).
Modification
of
the
mining
permit
was
initially
treated
as
a
major
modification,
but
is
currently
treated
as
a
minor
modification,
with
some
uses
pre­
approved
and
requiring
notification
only.
DRAFT
WEST
VIRGINIA
State
CCW
Mine
Placement
Regulations
and
Policy
110
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
Public
Participation
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
DRAFT
WEST
VIRGINIA
State
CCW
Mine
Placement
Regulations
and
Policy
111
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
During
Placement
Ongoing
Waste
Characterization
Periodic
retesting
of
all
parameters
may
be
required
from
time
to
time
by
the
OMR,
but
the
TCLP
test
(
for
metals
only)
must
be
performed
at
least
annually.

Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Performance
Standards
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Enforceable
Limits
Substantively
similar
to
federal
SMCRA,
plus:
Specific
enforceable
limits
may
be
established
on
a
site­
by­
site
basis.

Corrective
Action
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Operational
Requirements/
Placement
Engineering
Substantively
similar
to
federal
SMCRA,
no
additional
requirements,
plus:
Applicants
must
provide
a
description
of
the
following
in
the
coal
ash
utilization
plan:
°
Site
preparation.
°
Unloading
and
stockpiling
areas.
°
Sequence
of
mining/
utilization
techniques.
°
Phases
of
utilization:
1)
compaction
of
coal
ash,
2)
equipment
to
be
used,
3)
thickness
of
lifts,
4)
methods
of
utilization.
°
Application
of
cover
material.
°
Revegetation
procedure.
°
Dust
control
methods.
°
Final
slopes
and
closure
procedures.

Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Performance
Bonding
or
Financial
Assurance
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Other
Closure/
Post­
closure
Requirements
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
112
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
WYOMING
The
Wyoming
Department
of
Environmental
Protection
Land
Quality
Division
(
LQD)
has
sole
authority
over
mine
disposal
of
CCW
from
a
mine
mouth
power
plant.
Such
activity
is
subject
to
the
general
waste
provisions
of
the
State
mining
regulations,
which
are
substantively
similar
to
the
federal
SMCRA
regulations.
The
LQD
is
currently
developing
new
regulations
that
address
waste
disposal
at
coal
mines
and
will
include
specific
provisions
regarding
CCW.
The
State's
current
policy
is
to
require
a
modification
to
the
mining
permit
for
CCW
placement.
Under
its
current
policy,
LQD
also
requires
waste
characterization
prior
to
placement.

The
Wyoming
Department
of
Environmental
Protection
Solid
and
Hazardous
Waste
Division
(
SHWD)
shares
authority
with
LQD
over
mine
disposal
of
CCW
from
a
non­
mine
mouth
power
plant.
Such
projects
have
not
yet
been
pursued
in
Wyoming.
According
to
Robert
A.
Doctor
of
SHWD,
however,
such
activity
would
likely
require
a
solid
waste
disposal
permit.
Wyoming's
solid
waste
permit
requirements
are
summarized
in
Regulation
of
Landfills
and
Surface
Impoundments
Managing
Coal
Combustion
Waste
in
26
States,
December
14,
2000
and
are
not
included
in
this
summary.
Mr.
Doctor
also
noted
that
SHWD
is
currently
working
on
a
Solid
Waste
Beneficial
Use
Guideline
that
will
include
CCW.
These
guidelines
most
likely
will
not
consider
mine
placement
to
be
a
beneficial
use.

References
Wyoming
Statutes:
WS
§
35­
11­
103(
d)(
ii)(
D);
WS
§
35­
11­
401
et
seq.

Wyoming
Regulations:
WAC
SWM
CH.
1,
§
1(
e)(
i);
WAC
LQD
CHS.
1
to
20
Robert
A.
Doctor,
Program
Manager,
Solid
Waste
Permitting,
Solid
and
Hazardous
Waste
Division,
Wyoming
Department
of
Environmental
Protection
(
personal
communication,
4/
16/
01)

Rick
Chancellor,
Land
Quality
Division,
Wyoming
Department
of
Environmental
Protection
(
personal
communication,
4/
27/
01
and
6/
15/
01)

Paige
Smith,
Land
Quality
Division,
Wyoming
Department
of
Environmental
Protection.
Comments
at
IMCC
Intergovernmental
Forum
on
Mine
Placement
of
Coal
Combustion
Wastes.
May
15­
16,
2001.
St.
Louis,
Missouri.
DRAFT
State
CCW
Mine
Placement
Regulations
and
Policy
113
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
WYOMING
Regulatory
Agency
Oversight
Wyoming
Department
of
Environmental
Quality:
°
Land
Quality
Division
(
LQD)
°
Solid
and
Hazardous
Waste
Division
(
SHWD)

Allowed
Uses
Mine
placement
Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
Wyoming
does
not
currently
distinguish
between
beneficial
use
and
disposal.
Placement
of
CCW
from
mine­
mouth
power
plants,
however,
is
regulated
by
the
LQD.
Placement
of
CCW
from
non­
mine
mouth
power
plants
would
be
regulated
by
SHWD.

Site
Characterization
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Siting
Restrictions
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Reclamation
Plan
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Waste
Characterization
The
LQD
treats
CCW
as
a
waste
material
and
requires
tests
to
determine
the
proper
method
of
disposal.

Waste
Characteristic
Limits
None
specified
(
as
per
federal
SMCRA)

Address
Acid­
Base
Balance/
Acid
Mine
Drainage
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

State
Approval
Required
to
Proceed
Substantively
similar
to
federal
SMCRA,
plus:
Requires
a
modification
of
the
mining
permit,
or
issuance
of
a
solid
waste
permit,
depending
on
the
location
of
the
generating
facility.
A
first
time
application
(
i.
e.,
a
mine
that
did
not
have
previous
approval
as
opposed
to
a
mine
that
wanted
to
revise
a
previous
approval)
would
require
a
major
permit
modification.

Public
Participation
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
DRAFT
WYOMING
State
CCW
Mine
Placement
Regulations
and
Policy
114
**
Working
DRAFT
­
do
not
cite
or
quote**
October
26,
2001
During
Placement
Ongoing
Waste
Characterization
Not
required
(
as
per
federal
SMCRA)

Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Performance
Standards
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Enforceable
Limits
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Corrective
Action
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Operational
Requirements/
Placement
Engineering
Substantively
similar
to
federal
SMCRA,
plus:
Based
on
waste
characterization
data,
LQD
has
imposed
specific
placement
engineering
requirements
on
a
site­
by­
site
basis.
For
example,
they
have
required
certain
CCW
to
be
encapsulated
while
others
have
been
placed
in
specific
areas
of
the
backfill
out
of
contact
with
groundwater
and
out
of
plant
routing
depth.

Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Performance
Bonding
or
Financial
Assurance
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Other
Closure/
Post­
closure
Requirements
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
