Interstate
Mining
Compact
Commission
CCW
Meeting
in
Williamsburg,
Virginia
October
29­
30,2002
This
document
was
prepared
by
the
work
group
of
the
IMCC­
CCW
Committee
for
the
October
29­
30,
2002
meeting
to
discuss
the
"
DRAFT"
CCW
matrix
and
is
not
intended
to
reflect
final
comment
or
decision
by
the
committee.

Detailed
description
of
the
document.
The
matrix
is
designed
to
address
EPA's
concerns
as
they
relate
to
the
competency
of
the
existing
regulatory
permitting
framework
for
the
disposal
and
use
of
coal
combustion
materials.
It
itemizes
perceived
regulatory
deficiencies
and
matches
them
up
with
existing
State
and/
or
Federal
regulations
through
SMCRA,
RCRA
and
other
promulgated
law
to
show
that
these
issues
are
covered
and
are
currently
being
addressed.

What
does
the
document
intend
to
capture
or
articulate?
The
matrix
identifies
issues
of
concern
as
related
to
coal
combustion
waste.
Through
the
matrix,
we
intend
to
show
that
the
current
regulatory
programs
under
SMCRA
and/
or
RCRA
charged
with
the
regulation
of
coal
combustion
materials
has
historically
and
continues
to
manage
these
materials
in
a
safe,
environmentally
friendly
manner.
Additionally,
we
want
to
illustrate
that
these
perceived
deficiencies
are
just
that,
perceived.
SMCRA,
RCRA
and
other
existing
State
and
Federal
laws
adequately
address
the
disposal
and
use
of
these
materials.

Why
did
we
prepared
the
matrix
in
the
first
place?
The
matrix
was
prepared
to
provide
a
quick
cross­
reference
of
CCW
issues
with
citations
from
SMCRA
and
RCRA
that
are
applicable
to
the
regulation
of
CCW.
This
crossreferencing
illustrates
the
belief
that
many
of
the
CCW
issues
of
concern
to
EPA
are
adequately
being
address
through
existing
State
and/
or
Federal
laws.

How
does
the
matrix
relate
to
EPA's
and
OSM's
documents
regarding
minefill
regulatory
concerns?
The
matrix
draws
information
from
EPA
and
OSM
documents
that
identified
specific
CCW
issues.
Additionally
a
number
of
the
citations
provided
in
SMCRA
regulation
and
Part
258
of
RCRA
are
included
in
the
matrix.

How
should
the
matrix
be
used
to
further
our
discussions
and
to
inform
the
decision
making
process?
The
matrix
should
be
used
to
develop
a
further
understanding
of
how
coal
combustion
materials
have
been
and
are
currently
being
handled.
Selected
states
should
provide:
1)
applicable
citations
to
state
statute(
s)
and
regulations
that
regulate
CCW
in
their
state;
2)
indicate
state
agency(
s)
that
enforce
the
applicable
regulations;
and,
3)
if
multiple
agencies
regulate
CCW,
provide
a
brief
description
how
the
agencies
coordinate
their
regulatory
activities.
What
are
the
next
steps
in
the
process
of
developing
the
draft?
We
should
allow
all
States
to
review
and
comment
on
the
completeness
of
the
matrix
prior
to
finalizing.
After
review
and
comment,
identify
the
deficiencies
in
the
regulation
of
CCW.

Does
SMCRA
provide
for
or
require
groundwater
standards?
SMCRA
is
intended
to
allow
existing
State
and
Federal
water
quality
laws
to
apply
to
mine
sites.
As
a
result,
laws
promulgated
as
a
part
of
the
Federal
Clean
Water
Act
and
the
State's
water
quality
laws
would
apply
to
these
sites.

If
so,
where
are
they
in
the
regulations
and/
or
statute?
SMCRA
allows
for
states
water
quality
laws
to
apply,
which
are
typically
under
the
regulatory
authority
of
the
states
EPA.

30
CFR
816.42
"
Discharges
of
water
from
areas
disturbed
by
surface
mining
activities
shall
be
made
in
compliance
with
all
applicable
State
and
Federal
water
quality
laws
and
regulations
and
with
the
effluent
limitations
for
coal
mining
promulgated
by
the
U.
S.
Environmental
Protection
Agency
set
forth
in
40
CFR
part
434."

30
CFR
817.42
"
Discharges
of
water
from
areas
disturbed
by
underground
mining
activities
shall
be
made
in
compliance
with
all
applicable
State
and
Federal
water
quality
laws
and
regulations
and
with
the
effluent
limitations
for
coal
mining
promulgated
by
the
U.
S.
Environmental
Protection
Agency
set
forth
in
40
CFR
part
434."

Pursuant
to
the
Federal
Clean
Water
Act
Illinois
promulgated
35
Illinois
Administrative
Code
620'
s
 
Groundwater
Quality
Standards.

What,
in
fact,
are
they?
Most
State's
groundwater
quality
standards
are
MCL
based.
For
those
constituents
that
do
not
have
Federally
based
MCL's,
the
Illinois
EPA
did
a
comparison
of
a
network
of
statewide
community
wells
and
groundwater
quality
standards
were
established
whereby
95%
of
the
samples
met
or
lower
than
the
standard.

How
do
they
line
up
with
MCLs
(
as
opposed
to
effluent
limits
for
surface
water)?
In
most
cases
the
state
Environmental
Protection
Agency
is
responsible
for
issuing
the
NPDES
permit
that
defines
the
constituents
and
effluent
limits
for
surface
water
that
is
discharged
from
mine
sites.
Typically,
constituents
that
are
monitored
are
flow,
pH,
total
suspended
solids,
total
iron,
acidity,
alkalinity,
sulfates,
and
chlorides.
In
cases
where
CCW
is
approved
for
disposal
the
Illinois
EPA
may
require
additional
constituents
to
be
monitored
at
those
outfalls
that
receive
drainage
from
the
disposal
area.
Constituents
are
added
based
on
the
leachate
of
the
CCW.
The
effluent
limits
for
the
additional
constituents
are
based
on
Subpart
B;
General
Use
Water
Quality
Standards
of
35
Illinois
Administrative
Code
302.208.
Those
limits
are
provided
in
the
table
below.
Illinois
Water
Quality
Standards
Groundwater
Surface
Water
(
1)

Constituent
MCL
IL
Class
I
IL
Class
II
Acute
Chronic
Antimony
0.006
0.006
0.024
(
2)

Arsenic
0.01
0.05
0.2
0.36
0.19
Barium
2.0
2.0
2.0
5.0
Beryllium
0.004
0.004
0.5
(
2)

Cadmium
0.005
0.005
0.05
0.05(
3)
(
4)

Chromium
0.1
0.1
1.0
0.016
0.011
Copper
1.3
0.65
0.65
(
5)
(
6)

Cyanide
0.2
0.2
0.6
0.022
0.0052
Fluoride
4.0
4.0
4.0
1.4
Lead
0.015
0.0075
0.1
0.1
N/
A
Mercury
0.002
0.002
0.01
0.0005
N/
A
Selenium
0.05
0.05
0.05
1.0
Thallium
0.002
0.002
0.02
(
2)

All
standards
are
in
mg/
L
(
1)
See
attached
Subpart
B;
General
Use
Water
Quality
Standards
of
35
Illinois
Administrative
Code
302.208.
(
2)
Standard
does
not
exist;
IEPA
will
calculate
on
a
case­
by­
case
basis.
(
3)
Acute
standard
is
calculated
by:
exp[
A
+
Bln(
H)],
but
not
to
exceed
0.05
mg/
L,
where
A
=
­
2.918
and
B
=
1.128.
(
4)
Chronic
standard
is
calculated
by:
exp[
A
+
Bln(
H)],
where
A
=
­
3.490
and
B
=
0.7852.
(
5)
Acute
standard
is
calculated
by:
exp[
A
+
Bln(
H)],
where
A
=
­
1.464
and
B
=
0.9422.
(
6)
Chronic
standard
is
calculated
by:
exp[
A
+
Bln(
H)],
where
A
=
­
1.465
and
B
=
0.8545.
