Coal
Combustion
By­
Products
Minefill
Regulatory
Concerns
SIDE
BY
SIDE
COMPARISON
RCRA
TO
SMCRA
Unofficial
Draft
prepared
by
Kimery
Vories
and
Randall
Mills
RCRA
References
SMCRA
References
I.
Ground
Water
Monitoring
The
owner/
operator
is
to
monitor
ground
water
on­
site
to
detect
adverse
impacts
of
ash
placement
on
on­
site
ground
water
such
that
the
owner/
operator
will
have
opportunity
to
intervene
to
avoid
adverse
impacts
on
off­
site
users
and
uses
of
ground
water,
including
users
and
uses
of
surface
waters
affected
by
ground
water.
I.
Ground
Water
Monitoring
A
ground
water
monitoring
program
should
be
done
against
a
backdrop
of
site­
specific
background
data.
For
that
reason,
extensive
information
is
required
on
the
hydrologic
and
geologic
conditions
of
a
proposed
permit
site.
This
information
includes
existing
wells,
seasonal
rainfall
amounts,
stream
flows,
groundwater
levels
and
other
items
that
can
be
used
in
modeling
and
predicting
impacts
to
the
permit
area
and
adjacent
areas
during
and
after
mining.
This
is
the
probable
hydrologic
consequences
(
PHC)
part
of
the
permit
document.
The
regulatory
authority,
as
part
of
the
process,
is
then
required
to
provide
a
cumulative
hydrologic
impact
assessment
(
CHIA).

The
information
collected
allows
determination
of
a
site­
specific
monitoring
plan
for
ground
water
and
surface
waters.
Rather
than
using
a
"
one
size
fits
all"
approach
that
may
under
sample
one
permit
while
over
sampling
another,
the
monitoring
program
can
fit
the
site
and
the
situation
as
known.

All
known
factors
are
required
to
be
included
in
the
PHC
determination
and
the
CHIA.
Therefore,
coal
combustion
byproduct
placement
as
minefill
is
required
in
the
analysis
with
adjustments
to
ground
water
monitoring
on
a
site­
specific
basis.

SMCRA
References:
30
CFR
Part
777.15
 
Completeness
Of
Application
Parts
779.11,
783.11
 
Environmental
Resources
Parts
779.18,
783.18
 
Climatological
Information
Parts
779.21(
a),
783.21(
a)
 
Soil
Resources
Parts
779.24,
783.24
 
General
Features
Parts
779.24(
g),
786.24(
g)
 
Surface
Water
Movement
Parts
779.25(
a)(
6),
783.25(
a)(
6)
 
Ground
Water
Parts
779.25(
a)(
7),
783.25(
a)(
7)
 
Surface
Water
Bodies
And
Structures
Parts
779.25(
a)(
9),
783.25(
a)(
9)
 
Identification
Of
Placement
Areas
Parts
780.21,
784.14
 
Hydrologic
Information
Parts
780.22,
784.22
 
Geologic
Information
Parts
780.21(
f)
&
784.14(
e)
 
Probable
Hydrologic
Consequences
Parts
780.21(
g)
&
784.14(
f)
 
Cumulative
Hydrologic
Impact
Assessment
A.
Well
Design
and
Deployment:
The
purpose
of
monitoring
wells
is
to
allow
the
acquisition
of
ground­
water
samples
from
which
adverse
impacts
on
ground
water
could
be
detected.
Wells
too
few
in
number
or
which
are
located
or
screened
in
the
wrong
horizontal
or
vertical
planes
may
fail
to
produce
samples
that
adequately
characterize
impacts
on
ground
water.
Location
is
critical
to
the
ability
to
detect
effects
of
ash
placement
before
the
effects
can
spread
widely,
thereby
adversely
affecting
current
or
future
uses
of
the
water
resource.

RCRA
References:
Part
258.51(
a),
(
c),
and
(
d)
 
Well
design
an
deployment
A.
Well
Design
and
Deployment:
The
required
ground
water
monitoring
(
including
well
design,
installation,
sampling,
and
maintenance)
is
permit
specific.
A
ground
water
monitoring
plan
is
required
that
is
based
on
the
PHC
determination
and
the
analysis
of
all
(
all
includes
all
coal
combustion
material
(
CCB)
placement)
hydrologic,
geologic,
and
other
information
in
the
permit
application.
The
plan
must
provide
for
the
monitoring
of
parameters
that
relate
to
the
suitability
of
the
ground
water
for
current
and
approved
post­
mining
uses.
The
plan
shall
provide
for
the
monitoring
of
parameters
(
including
parameters
necessary
to
evaluate
the
impact
of
CCB
placement)
that
relate
to
the
suitability
of
the
ground
water
for
current
and
approved
post­
mining
land
uses
and
to
the
objectives
for
protection
of
the
hydrologic
balance.
It
will
identify
the
quantity
and
quality
parameters
to
be
monitored,
sampling
frequency,
and
site
locations.
It
shall
describe
how
the
data
may
be
used
to
determine
the
impacts
of
the
operation
upon
the
hydrologic
balance.
The
data
is
to
be
submitted
to
the
RA
at
least
every
3
months
for
each
monitoring
location.
All
water
quality
analysis
must
be
conducted
according
to
the
methodology
of
the
15th
edition
of
"
Standard
Methods
for
the
Examination
of
Water
and
Wastewater,"
or
the
methodology
of
40
CFR
Parts
136
and
434.
The
RA
may
require
additional
monitoring
[
30
CFR
780.21
and
816.41(
c)].
The
OSM
technical
reference
on
Permitting
Hydrology
outlines
the
detailed
well
information
required
for
all
ground
water
baseline
information
used
to
determine
the
PHC.

SMCRA
References:
30
CFR
Part
780.21
Hydrologic
Information
Parts
780.21(
i),
784.14(
h)
 
Ground
Water
Monitoring
Plan
Parts
816.41(
c),
817.41(
a)
 
Ground
Water
Monitoring
Parts
780.23(
b),
784.15(
b)
 
Post­
Mining
Land
Use
B.
Parameters:
Samples
are
to
be
analyzed
for
specific
constituents,
which
will
detect
and
define
adverse
impacts
on
ground
water
and
for
which
valid
statistical
comparisons
can
be
made
among
well
samples
to
detect
adverse
impacts.
Of
particular
concern
in
defining
and
detecting
adverse
impacts
are
the
8
metals,
which
define
the
RCRA
toxicity
characteristic
(
arsenic,
barium,
cadmium,
chromium,
lead,
mercury,
selenium,
and
silver).
Additionally,
boron
and
aluminum
are
of
concern
because
they
are
often
associated
with
ash.

RCRA
References:
Part
261.24
 
Toxicity
characteristic
metals;
Part
258.54(
a)
and
Appendix
I
 
Monitoring
parameters
B.
Parameters:
The
required
ground
water
monitoring
(
including
identification
of
parameters)
is
permit
specific.
The
plan
must
provide
for
the
monitoring
of
parameters
that
relate
to
the
suitability
of
the
ground
water
for
current
and
approved
post­
mining
uses.
The
plan
shall
provide
for
the
monitoring
of
parameters
(
including
parameters
necessary
to
evaluate
the
impact
of
CCB
placement)
that
relate
to
the
suitability
of
the
ground
water
for
current
and
approved
post­
mining
land
uses
and
to
the
objectives
for
protection
of
the
hydrologic
balance.
Based
on
the
PHC,
it
must
identify
the
quantity
and
quality
parameters
to
be
monitored,
sampling
frequency,
and
site
locations
(
including
the
parameters
necessary
to
evaluate
the
impact
of
CCB
placement).
It
shall
describe
how
the
data
may
be
used
to
determine
the
impacts
(
including
the
potential
toxicity
levels
of
any
CCB
specific
parameters
that
would
impact
the
use
of
the
ground
water)
of
the
operation
upon
the
hydrologic
balance.
The
data
is
to
be
submitted
to
the
RA
at
least
every
3
months
for
each
monitoring
location.
The
RA
may
require
additional
monitoring
[
30
CFR
780.21
and
816.41(
c)].
SMCRA
References:
30
CFR
Parts
780.21(
i),
784.14(
h)
 
Ground
Water
Monitoring
Plan
Parts
816.41(
c),
817.41(
a)
 
Ground
Water
Monitoring
Part
780.21
 
Hydrologic
Information
Parts
780.23(
b),
784.15(
b)
 
Post­
Mining
Land
Use
C.
Frequency:
Samples
are
to
be
acquired
and
analyzed
at
a
frequency,
which
will
provide
early
warning
of
adverse
impacts
on
water
use.
Without
regulation,
samples
may
be
obtained
so
infrequently
as
to
allow
adverse
impacts
to
go
undetected,
thereby
jeopardizing
off­
site
users/
uses.
The
owner/
operator
may
use
ground
water
flow
and
attenuation
studies
to
seek
re­
definition
of
the
sampling
frequency.

RCRA
References:
Part
258.53(
c)
and
(
f)
and
Part
258.54(
b)
 
Monitoring
frequency
C.
Frequency:
The
required
ground
water
monitoring
(
including
frequency
of
sampling)
is
permit
specific.
The
ground
water
monitoring
plan
will
identify
the
quantity
and
quality
parameters
to
be
monitored,
sampling
frequency,
and
site
locations
(
including
the
sampling
frequency
necessary
to
evaluate
the
impact
of
CCB
placement).
It
shall
describe
how
the
data
may
be
used
to
determine
the
impacts
(
including
the
frequency
of
sampling
of
any
CCB
specific
parameters
that
would
impact
the
use
of
the
ground
water)
of
the
operation
upon
the
hydrologic
balance.
The
data
is
to
be
submitted
to
the
RA
at
least
every
3
months
for
each
monitoring
location.
The
RA
may
require
additional
monitoring
[
30
CFR
780.21
and
816.41(
c)].

SMCRA
References:
30
CFR
Parts
780.21(
i),
784.14(
h)
 
Ground
Water
Monitoring
Plan
Parts
816.41(
c),
817.41(
a)
 
Ground
Water
Monitoring
D.
Duration:
Samples
are
to
be
acquired
and
analyzed
over
the
time
period
for
which
the
effects
on
ground
water
from
ash
placement
could
be
reasonably
expected
to
be
measured
or
observed;
i.
e.,
considering
aquifer
recharge
times
and
rate
of
migration
of
ground
water
through
and
away
from
the
placed
ash.
This
time
period
may
extend
beyond
the
completion
of
reclamation
and
the
time
of
bond
release
for
the
overall
mine
site
(
see
Section
IX,
below,
on
Post­
closure
maintenance).
Where
the
owner/
operator
can
demonstrate
that
there
is
no
longer
a
potential
for
adverse
impacts
from
the
placed
ash,
monitoring
may
cease.
RCRA
References:
Part
258.50(
b)
 
Suspension
of
monitoring;
Part
258.61(
a),
(
b),
and
(
e)
 
Duration
D.
Duration:
Performance
bond
liability
will
be
for
the
duration
of
the
surface
coal
mining
and
reclamation
operation
and
for
a
period
which
is
coincident
with
the
operator's
period
of
extended
responsibility
for
successful
revegetation
(
10
years
after
establishment
of
vegetation
in
areas
with
less
than
26"
precipitation;
5
years
after
establishment
of
vegetation
in
areas
with
more
than
26"
precipitation)
or
until
achievement
of
the
reclamation
requirements
of
the
Act,
regulatory
programs,
and
permit,
which
ever
is
later
(
this
would
include
determination
of
compliance
with
the
hydrologic
performance
standards
at
30
CFR
816.41(
a,
b,
and
h)
and
816.42.
Performance
of
post­
closure
period
standards
related
to
the
protection
of
ground
water
must
include
that
all
mining
and
reclamation
activities
shall
be
conducted
to
minimize
disturbance
of
the
hydrologic
balance
within
the
permit
and
adjacent
areas,
to
prevent
material
damage
to
the
hydrologic
balance
outside
the
permit
area,
to
assure
the
protection
or
replacement
of
water
rights,
and
to
support
the
approved
post­
mining
land
uses
in
accordance
with
the
terms
and
conditions
of
the
approved
permit.
Any
person
who
conducts
surface
mining
activities
shall
replace
the
water
supply
of
an
owner
of
interest
in
real
property
who
obtains
all
or
part
of
his
or
her
supply
of
water
for
domestic,
agricultural,
industrial,
or
other
legitimate
use
from
an
underground
or
surface
source,
where
the
water
supply
has
been
adversely
impacted
by
contamination,
diminution,
or
interruption
proximately
(
defined
as
a
result
that
directly
produces
and
event
and
without
which
the
event
would
not
have
occurred)
resulting
from
the
surface
mining
activities.
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.
EPA
set
forth
in
40
CFR
Part
434.

SMCRA
References:
30
CFR
Part
800.13
 
Period
Of
Liability
Parts
816.131(
2)(
i)
&
(
3)(
i)
 
Bonding
Period
And
Annual
Precipitation
Parts
816.41(
a),(
b)
&
(
h)
 
Hydrologic­
Balance
Protection
Part
816.42
 
Water
Quality
Standards
And
Effluent
Limitations
II.
Performance
Standards
Regulations
can
require
compliance
with
either
specific
operating
practices
or
performance
standards.
Where
operating
practices
(
which
include
practices
for
design
and
construction
operations,
as
well
as
practices
for
operation
of
the
facility)
are
specified,
the
owner/
operator
is
restricted
to
the
specified
practices.
Where
performance
standards
are
specified,
the
owner/
operator
has
flexibility
to
use
creative
design,
construction,
and
operational
approaches
and
need
only
be
concerned
with
compliance
with
the
performance
level
specified.
For
minefill
practices,
the
performance
standard
approach
is
preferred
in
order
to
allow
increased
flexibility.
Performance
standards
are
specified
here
for
groundwater
impacts
only.
II.
Performance
Standards
All
mining
and
reclamation
activities
shall
be
conducted
to
minimize
disturbance
of
the
hydrologic
balance
within
the
permit
and
adjacent
areas,
to
prevent
material
damage
(
defined
as
a
loss
of
physical
property)
to
the
hydrologic
balance
outside
the
permit
area,
to
assure
the
protection
or
replacement
of
water
rights
(
assure
the
continuation
of
pre­
mining
water
use
either
by
leaving
it
unchanged
or
by
replacement),
and
to
support
the
approved
post­
mining
land
uses
in
accordance
with
the
terms
and
conditions
of
the
approved
permit.
Any
person
who
conducts
surface
mining
activities
shall
replace
the
water
supply
of
an
owner
of
interest
in
real
property
who
obtains
all
or
part
of
his
or
her
supply
of
water
for
domestic,
agricultural,
industrial,
or
other
legitimate
use
from
an
underground
or
surface
source,
where
the
water
supply
has
been
adversely
impacted
by
contamination
(
a
change
in
water
quality
that
would
render
it
no
longer
acceptable
for
the
pre­
mining
use),
diminution,
or
interruption
proximately
(
defined
as
a
result
that
directly
produces
and
event
and
without
which
an
event
would
not
have
occurred)
resulting
from
the
surface
mining
activities.
Earth
materials
and
runoff
will
be
handled
in
a
manner
that
minimizes
(
any
effect
of
mining
and
reclamation
would
be
at
a
level
that
would
reduce
the
pre­
mining
potential
for
use
of
the
resource)
acidic,
toxic,
or
other
harmful
infiltration
to
ground
water
systems
and
by
managing
excavations
and
other
disturbance
to
prevent
or
control
the
discharge
of
pollutants
into
the
ground
water.
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.
EPA
set
forth
in
40
CFR
Part
434
[
30
CFR
816.41
and
816.42]

SMCRA
References:
30
CFR
Part
701.11(
d)
 
Application
Of
Standards
Parts
816.41
 
Hydrologic­
Balance
Protection
Parts
816.41(
h),
817.41(
j)
 
Water
Rights
And
Replacement
Part
816.42
 
Water
Quality
Standards
And
Effluent
Limitations
Parts
816.95
 
Stabilization
Of
Surface
Area
Part
780.18(
b)(
9)
 
Description
Of
Pollution
Control
Part
780.15
 
Fugitive
Dust
Control
Practices
A.
Maximum
Contaminant
Levels
(
MCLs):
For
the
8
RCRA
"
toxicity
characteristic"
metals
listed
in
item
I.
B.
above,
the
MCLs
specified
under
the
Safe
Drinking
Water
Act
serve
as
the
ground­
water
performance
standard
for
mine
placement
of
ash.
The
facility
is
to
be
operated
so
that
it
does
not
cause
ground­
water
quality
to
exceed
the
MCLs.
The
point
at
which
compliance
is
demonstrated
is
to
be
no
more
than
150
meters
from
the
ash
placement
boundary
and
located
on
the
facility
property.

RCRA
References:
Part
141
 
MCLs;
Part
258.40(
d)
 
Point
of
compliance;
Part
258.2
 
Definition
of
"
boundary"
A.
Maximum
Contaminant
Levels
(
MCLs):
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.
EPA
set
forth
in
40
CFR
Part
434.
The
ground
water
monitoring
plan
included
in
the
mine
permit
shall
provide
for
the
monitoring
of
parameters
that
relate
to
the
suitability
of
the
ground
water
for
current
and
approved
post­
mining
land
uses
and
to
the
objectives
for
protection
of
the
hydrologic
balance
set
forth
in
30
CFR
§
780.21(
h).
It
shall
identify
the
quantity
and
quality
parameters
to
be
monitored,
sampling
frequency,
and
site
locations.
It
shall
describe
how
the
data
may
be
used
to
determine
the
impacts
of
the
operation
upon
the
hydrologic
balance.
At
a
minimum,
total
dissolved
solids
or
specific
conductance
corrected
to
25
degrees
C,
pH,
total
iron,
total
manganese,
and
water
levels
shall
be
monitored
and
data
submitted
to
the
regulatory
authority
at
least
every
three
months
for
each
monitoring
location.
The
regulatory
authority
may
require
additional
monitoring.
See
also,
I.
A.
Parameters
and
II.
Performance
Standards.
SMCRA
References:
30
CFR
Part
780.21(
i)
 
Ground­
Water
Monitoring
Plan
Part
816.41
 
Hydrologic­
Balance
Protection
Part
816.42
 
Water
Quality
Standards
And
Effluent
Limitations
B.
Non­
degradation:
There
are
likely
to
be
situations
where
the
facility
owner/
operator
can
demonstrate
that
ground
water
within
150
meters
of
the
outermost
boundary
of
placed
ash
or
for
potential
placement
of
ash
exceeds
the
MCLs
solely
for
reasons
other
than
impact
of
the
ash;
i.
e.,
background
levels
attributable
to
prior
mining
activity
or
some
up­
gradient
phenomenon
unrelated
to
ash
placement.
Where
this
situation
exists,
the
measured
high
background
levels
would
be
an
affirmative
defense
for
measured
exceedences
of
the
MCL
performance
standards.
In
such
cases,
the
performance
standard
would
be
no
degradation
beyond
the
measured
high
background
levels,
rather
than
no
exceedence
of
the
MCLs.

RCRA
References:
Part
258.53(
e)
 
Statistical
procedures
for
detecting
contamination;
Part
258.40(
d)
 
Point
of
compliance;
Part
258.2
 
Definition
of
"
boundary"
B.
Non­
degradation:
See
II
and
IIA
above.
III.
Prohibitions
Because
of
the
permanent,
irreversible
nature
of
mine
placement
of
ash,
and
the
more
fragile
character
of
certain
environments,
specific
prohibitions
are
appropriate
to
protect
human
health
and
the
environment.
III.
Prohibitions
No
permit
application
or
application
for
a
significant
revision
of
a
permit
shall
be
approved
unless
the
applicant
affirmatively
demonstrates
and
the
regulatory
authority
(
RA)
finds,
in
writing,
on
the
basis
of
information
set
forth
in
the
application,
or
from
information
otherwise
available
that
is
documented
in
the
approval,
that:
(
1)
the
application
is
complete
and
accurate
and
that
the
applicant
has
complied
with
all
requirements
of
the
Act
and
regulatory
program;
(
2)
the
applicant
has
demonstrated
that
reclamation
as
required
by
the
Act
and
the
regulatory
program
can
be
accomplished
under
the
reclamation
plan
contained
in
the
permit;
and
(
3)
the
RA
has
made
an
assessment
of
the
Probable
Cumulative
Impacts
of
all
anticipated
coal
mining
on
the
hydrologic
balance
in
the
cumulative
impact
area
and
has
determined
that
the
proposed
operation
has
been
designed
to
prevent
material
damage
to
the
hydrologic
balance
outside
the
permit
area.

SMCRA
References:
30
CFR
Part
773.15
 
Written
Findings
For
Permit
Application
Approval.

A.
Aquifer
Avoidance:
Ash
is
not
to
be
placed
in
direct
contact
with
an
aquifer
unless
the
owner/
operator
can
demonstrate
in
advance
that
placement
will
have
no
adverse
impact
on
groundwater
quality.
As
in
40
CFR
Part
259,
"
aquifer"
means
a
geologic
formation,
group
of
formations,
or
portion
of
a
formation
capable
of
yielding
significant
quantities
of
ground
water
to
wells
or
springs.

RCRA
References:
Part
258.2
 
Definition
of
"
aquifer"
A.
Aquifer
Avoidance:
An
aquifer
is
defined
as
a
zone,
stratum,
or
group
of
strata
that
can
store
and
transmit
water
in
sufficient
quantities
for
a
specific
use.
See
II.
Performance
Standards
and
IV.
Permitting/
Planning.

SMCRA
References:
30
CFR
Part
701.05
 
Definitions
B.
Unacceptable
Ash
Characteristics:
Ash
characteristics
vary
as
a
result
of
coal
composition
and
combustion
practices.
Ash
may
demonstrate
characteristics,
B.
Unacceptable
Ash
Characteristics:
Toxic­
forming
materials
are
defined
as
earth
materials
or
wastes
which,
if
acted
upon
by
air,
water,
weathering,
or
which
indicate
that
they
are
not
compatible
with
mine
placement.
When
characterized
by
the
method
described
below,
ash,
which
produced
an
unacceptable
leachate
quality
is
not
to
be
placed
in
mines.
Unacceptable
leachate
quality
may
be
defined
as
exceeding
the
MCLs
for
the
8
RCRA
toxicity
characteristic
metals
identified
in
item
I.
B.,
above,
and/
or
exceeding
appropriate
limits
for
other
constituents
of
concern,
such
as
boron
and
aluminum.
1.
Method:
To
test
ash
for
unacceptable
characteristics,
the
ash
is
to
be
subjected
to
a
30­
day
leaching
by
water
representative
of
the
ground
water
to
which
the
ash
would
be
exposed
at
the
mine.
2.
Frequency:
Ash
received
for
mine
placement
shall
be
tested
for
unacceptable
characteristics
every
6
months
and
when
the
source
of
coal
or
combustion
changes.

RCRA
References:
Part
261.24
 
Toxicity
characteristic
metals;
Part
141
­
MCLs
microbiological
processes,
are
like
to
produce
chemical
or
physical
conditions
in
soils
or
water
that
are
detrimental
to
biota
or
uses
of
water.
Mine
operations
must
conduct
their
activities
to
minimize
disturbance
of
the
hydrologic
balance
within
the
permit
and
adjacent
areas,
prevent
material
damage
to
the
hydrologic
balance
outside
the
permit
area,
assure
the
protection
or
replacement
of
water
rights,
and
support
approved
postmining
land
uses
in
accordance
with
the
terms
and
conditions
of
the
approved
permit
and
the
performance
standards
in
30
CFR
Ch.
VII,
subchapter
K.

Encapsulation
can
be
used
for
acid
and
toxic
forming
material
exposed,
used
or
produced
during
mining.
This
material
must
be
adequately
covered
with
nontoxic
material
or
treated
to
control
the
impact
on
surface
and
ground
water
to
minimize
adverse
effects
on
plant
growth
and
the
approved
postmining
land
use.

EPA
made
a
site
visit
to
a
mine
near
Morgantown,
WV
in
September
2000
that
used
an
alkaline
coal
combustion
ash
to
encapsulate
and
treat
an
acid
forming
shale.
Application
of
the
requirements
for
a
SMCRA
permit
allowed
the
problem
to
be
identified
and
a
known
solution
to
be
used.
SMCRA
was
written
to
deal
with
the
severe
environmental
problems
caused
by
unregulated
mining.
And,
like
the
Resource
Conservation
and
Recovery
Act
it
has
worked
well.

See
also,
II.
Performance
Standards
and
IV.
Permitting/
Planning.

SMCRA
References:
30
CFR
Part
816.41(
f)
 
Toxic­
Forming
Materials
Parts
816.102(
f),
817.102(
f)
 
Encapsulation
Parts
780.21,
784.14
 
Hydrologic
Information
Parts
780.22,
784.22
 
Geologic
Information
Parts
780.21(
f)
&
784.14(
e)
 
Probable
Hydrologic
Consequences
Parts
780.21(
g)
&
784.14(
f)
 
Cumulative
Hydrologic
Impact
Assessment
Part
816.41
 
Hydrologic­
Balance
Protection
Part
816.42
 
Water
Quality
Standards
And
Effluent
Limitations
C.
Location
Restrictions:
Due
to
their
particular
sensitivities,
sites
of
specific
characteristics
are
not
amenable
to
the
permanent
and
irreversible
nature
of
ash
placement
and
cannot
be
used
for
ash
placement.
1.
Flood
Plain:
Because
they
are
more
prone
to
washout,
areas
within
the
100­
year
flood
plain
are
not
appropriate
for
ash
placement.
Furthermore,
placement
in
the
100­
year
flood
plain
could
dangerously
restrict
the
flow
of
waters
at
the
100­
year
or
more
frequent
design
level
and/
or
reduce
the
storage
capacity
of
the
flood
plain
so
as
to
pose
a
hazard
to
human
health
or
the
environment.
2.
Wetlands:
Wetlands
are
sensitive
areas
of
surface
water,
which
often
serve
as
habitats
of
protected
species.
At
mine
sites
ash
is
not
to
be
placed
in
surface
water
or
wetland
in
violation
of
State
or
Federal
law
or
in
a
manner
that
would
jeopardize
an
endangered
or
threatened
species
or
critical
habitats
or
in
a
manner
that
would
degrade
wetlands.
3.
Fault
Areas:
It
is
not
possible
to
project
how
ash
placed
in
a
mine
site
would
react
when
subjected
to
major
ground
disturbances
characterized
by
faults.
Because
of
the
potential
for
fault
movements
to
expose
ash
to
unanticipated
forces
(
e.
g.,
surface
water
flows
and
washout)
and
subsequently
jeopardize
human
health
or
the
environment,
ash
is
not
to
be
placed
within
60
meters
of
faults
that
have
experienced
displacement
during
C.
Location
Restrictions:
Each
permit
application
must
include
a
description
of
the
existing,
pre­
mining
environmental
resources
within
the
proposed
permit
area
and
adjacent
areas
that
may
be
affected
or
impacted
by
the
proposed
surface
mining
activities.
The
permit
application
must
include
the
following
baseline
information
upon
which
the
mining
and
reclamation
plan
must
be
based:
 
General
Environmental
Resources
Information
including
the
cultural,
historic,
and
archeological
resources,
30
CFR
§
779.12.
 
Climatic
Information,
30
CFR
§
779.18.
 
Vegetation
Information,
30
CFR
§
779.19.
 
Soils
Resource
Information,
30
CFR
§
779.21.
 
Maps:
General
Requirements,
30
CFR
§
779.24.
 
Cross
sections,
maps
and
plans,
30
CFR
§
779.25.
 
Fish
and
Wildlife
Resources,
30
CFR
§
779.16.
 
Hydrologic
Information,
30
CFR
§
780.21,
(
including
flood
plains,
critical
receptors
such
as
water
wells,
dams,
streams,
water
intake
structures,
and
wetlands)
including:
o
Sampling
and
Analysis
methodology
o
Ground
water
and
surface
water
baseline
information
o
Cumulative
impact
area
information
o
Modeling
or
statistical
analysis
may
be
required
o
Alternate
water
sources
o
PHC
the
Holocene
Epoch.
4.
Seismic
Impact
Zones:
Seismic
movements
can
cause
ash
to
unexpectedly
contact
surface
or
ground
waters,
with
subsequent
harm
to
human
health
or
the
environment.
To
help
avoid
this,
ash
is
not
be
placed
in
seismic
impact
zones.
These
are
areas
having
a
10
percent
or
greater
probability
that
the
maximum
expected
horizontal
acceleration
of
hard
rock,
expressed
as
a
percentage
of
the
earth's
gravitation
pull
(
g),
will
exceed
0.10g
in
250
years.
5.
Unstable
Areas:
Placement
of
ash
in
unstable
areas
can
cause
unexpected
exposure
of
ash
to
ground
or
surface
waters,
with
subsequent
harm
to
human
health
or
the
environment.
To
help
avoid
this,
ash
is
not
to
be
placed
in
unstable
areas.
Unstable
areas
are
locations
susceptible
to
natural
or
humaninduced
events
or
forces
capable
of
impairing
the
integrity
of
some
or
all
of
the
natural
or
artificial
components
responsible
for
preventing
releases
from
the
ash
placement.
Unstable
areas
can
include:
poor
foundation
conditions,
locations
near
blasting
events,
areas
susceptible
to
mass
movements,
and
Karst
terrains.
6.
Proximity
to
Critical
Receptors:
Nearby
users
of
surface
and
ground
waters,
which
could
be
adversely
impacted
by
ash
placement
are
of
particular
concern.
In
this
context,
the
definition
of
the
term
"
nearby"
is
variable
and
depends
on
hydrologic
characteristics
of
the
area
and
the
dynamics
of
possibly
multiple,
human­
induced
pumping
cones.
Owners/
operators
of
ash
o
CHIA
o
Hydrologic
reclamation
plan
o
Surface
and
Ground
water
monitoring
plan
 
Geologic
Information,
30
CFR
§
780.22,
including:
o
PHC
o
All
potential
acid
and
toxic
forming
strata
to
just
below
coal
seam
o
Description
of
the
geology
(
Detailed
guidance
is
given
in
the
OSM
Permitting
Hydrology
reference
including
structural
geologic
features
such
as
folding
and
faulting,
strike
and
dip,
and
joints
and
fractures
related
to
Fault
areas,
Seismic
Impact
Zones,
and
Unstable
areas)
in
the
proposed
permit
and
adjacent
areas
down
to
just
below
the
coal
seam
or
any
lower
aquifer
impacted
by
mining.
The
description
shall
include
the
area
and
structural
geology
of
the
permit
and
adjacent
areas,
and
other
parameters
which
influence
the
required
reclamation
and
the
occurrence,
availability,
movement,
quantity,
and
quality
of
potentially
impacted
surface
and
ground
water
based
on
information
collected
in
30
CFR
779
and:

Geologic
literature.

Analysis
of
samples
collected
from
test
borings
and
drill
cores
down
to
just
below
the
coal
seam
or
to
the
lowest
aquifer
affected
by
mining.

Logs
showing
the
mine
placement
facilities
are
to
conduct
site­
specific
hydrologic
studies
to
demonstrate
how
the
practice
will
avoid
placing
nearby
users
in
jeopardy.

RCRA
References:
Part
258.11
­
Flood
plains;
Part
258.12­
Wetlands;
Part
258.13
­
Fault
areas;
Part
258.14
 
Seismic
impact
zones;
Part
259.15
 
Unstable
areas
lithologic
characteristics
of
each
stratum
and
related
ground
water.

Chemical
analysis
of
any
acid,
alkaline,
or
toxic
strata
including
total
and
pyretic
sulfur.

The
RA
may
require
additional
information
necessary
to
protect
the
hydrologic
balance
or
meet
the
performance
standards.
IV.
Planning/
Permitting
Institutionalized
processes
need
to
be
in
place
to
provide
protection
of
human
health
and
the
environment.
IV.
Planning/
Permitting
During
the
course
of
OSM's
investigation
into
the
placement
of
CCBs
at
mine
sites,
presentations
by
the
environmental
community
and
EPA
staff
have
demonstrated
a
misconception
that
SMCRA
based
regulatory
programs
do
not
protect
the
environment.
In
fact,
the
Surface
Mining
Control
and
Reclamation
Act
(
SMCRA)
of
1977
was
the
result
and
in
answer
to
severe
problems
caused
by
irresponsible
mining
practices.
The
SMCRA
based
programs
require
the
permitting
of
coal
mining
operations,
plans
to
address
safeguarding
environmental
resources,
plans
showing
preparations
for
mining,
plans
for
the
ongoing
mine
operations
and
plans
for
mine
closure,
reclamation
and
post­
mining
land
use.
Mining
is
recognized
as
a
temporary
land
use
that
must
not
impair
future
use
of
the
land.

The
following
are
purposes
given
in
the
Act
(
30
U.
S.
C.
1202)
showing
a
bias
for
environmental
protection
and
post­
mining
land
uses:
 
Establish
a
nationwide
program
to
protect
society
and
the
environment
from
the
adverse
effects
of
surface
coal
mining
operations.
 
Assure
that
the
rights
of
surface
landowners
and
other
persons
with
a
legal
interest
in
the
land
or
appurtenances
thereto
are
fully
protected
from
such
operations.
 
Assure
that
surface
mining
operations
are
not
conducted
where
reclamation
as
required
by
the
Act
is
not
feasible.
 
Assure
that
surface
coal
mining
operations
are
so
conducted
as
to
protect
the
environment.
 
Assure
that
adequate
procedures
are
undertaken
to
reclaim
surface
areas
as
contemporaneously
as
possible
with
the
surface
coal
mining
operations.
 
Promote
the
reclamation
of
mined
areas
left
without
adequate
reclamation
prior
to
the
enactment
of
the
Act
and
which
continue,
in
their
unreclaimed
condition,
to
substantially
degrade
the
quality
of
the
environment,
prevent
or
damage
the
beneficial
use
of
land
or
water
resources,
or
endanger
the
health
or
safety
of
the
public.
 
Assure
that
appropriate
procedures
are
provided
for
the
public
participation
in
the
development,
revision,
and
enforcement
of
regulations,
standards,
reclamation
plans,
or
programs
established
by
the
Secretary
or
any
State
under
the
Act.
 
Wherever
necessary,
exercise
the
full
reach
of
Federal
constitutional
powers
to
insure
the
protection
of
the
public
interest
through
effective
control
of
surface
coal
mining
operations.

SMCRA
References:
PL
95­
87
Section
102
30
CFR
Part
701.11(
d)
 
Application
Of
Standards
Part
773
 
Permits
And
Permit
Processing
Requirements
Part
777.15
 
Completeness
Of
Application
Part
778.17
 
Permit
Term
Part
779.11
 
Characterization
Of
Environmental
Resources
Part
779.1,
780.1,
783.1,
784.1
 
Scope
Of
Requirements
For
Permit
Application.
Parts
779.2,
780.2,
783.2,
784.2
 
Objectives
Of
Informational
Requirements
For
Permitting.

A.
Acid­
Base
Balance:
Where
ash
is
placed
for
the
purpose
of
providing
a
source
of
alkalinity
to
counteract
a
known
acidic
water
environment,
the
owner/
operator
is
to
calculate
an
acid­
base
balance
to
demonstrate
that,
for
the
design
life,
the
ash
will
provide
adequate
alkalinity
to
irreversibly
achieve
the
intended
acid
mitigation.

RCRA
References:
None,
generally
not
applicable
to
RCRA
waste
management
units.
A.
Acid­
Base
Balance:
All
mining
and
reclamation
activities
shall
be
conducted
to
minimize
disturbance
of
the
hydrologic
balance
within
the
permit
and
adjacent
areas,
to
prevent
material
damage
(
defined
as
a
loss
of
physical
property)
to
the
hydrologic
balance
outside
the
permit
area,
to
assure
the
protection
or
replacement
of
water
rights
(
assure
the
continuation
of
pre­
mining
water
use
either
by
leaving
it
unchanged
or
by
replacement),
and
to
support
the
approved
post­
mining
land
uses
in
accordance
with
the
terms
and
conditions
of
the
approved
permit.
Any
person
who
conducts
surface
mining
activities
shall
replace
the
water
supply
of
an
owner
of
interest
in
real
property
who
obtains
all
or
part
of
his
or
her
supply
of
water
for
domestic,
agricultural,
industrial,
or
other
legitimate
use
from
an
underground
or
surface
source,
where
the
water
supply
has
been
adversely
impacted
by
contamination
(
a
change
in
water
quality
that
would
render
it
no
longer
acceptable
for
the
pre­
mining
use),
diminution,
or
interruption
proximately
(
defined
as
a
result
that
directly
produces
and
event
and
without
which
the
event
would
not
have
occurred)
resulting
from
the
surface
mining
activities.
Earth
materials
and
runoff
must
be
handled
in
a
manner
that
minimizes
(
any
effect
of
mining
and
reclamation
would
be
at
a
level
that
would
reduce
the
pre­
mining
potential
for
use
of
the
resource)
acidic,
toxic,
or
other
harmful
infiltration
to
ground
water
systems
and
by
managing
excavations
and
other
disturbance
to
prevent
or
control
the
discharge
of
pollutants
into
the
ground
water.
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.
EPA
set
forth
in
40
CFR
Part
434.

In
order
to
protect
the
hydrologic
balance,
surface
mining
activities
shall
be
conducted
according
to
the
hydrologic
reclamation
plan
approved
at
780.21(
h)
and
ground
water
quality
shall
be
protected
by
handling
earth
materials
(
including
CCBs)
and
runoff
in
a
manner
that
minimizes
acidic,
toxic,
or
other
harmful
infiltration
to
ground
water
systems
and
by
managing
excavations
and
other
disturbances
to
prevent
or
control
the
discharge
of
pollutants
into
the
ground
water.
Drainage
from
acid­
and
toxic­
forming
materials
into
surface
water
and
ground
water
shall
be
avoided
by
identifying
and
burying
and/
or
treating,
when
necessary,
material
which
may
adversely
affect
water
quality
or
be
detrimental
to
vegetation
or
to
public
health
and
safety,
if
not
buried
and/
or
treated.

During
back
filling
and
grading,
exposed
coal
seams,
acid­
and
toxic­
forming
materials .
exposed,
used,
or
produced
during
mining
shall
be
adequately
covered
with
nontoxic
and
non
combustible
material,
or
treated,
to
control
the
impact
on
surface
and
ground
water
in
accordance
with
the
hydrologic
performance
standards
of
816.41
and
to
minimize
adverse
effects
on
plant
growth
and
the
approved
postmining
land
use
[
30
CFR
816.102].

CCB
(
ash)
characterization
and
leach
testing
would
be
required
when
the
permit
application
involved
CCB
placement
under
the
provisions
of
30
CFR
780.21(
f)
for
the
determination
of
the
probable
hydrologic
consequences
provisions
that
require
baseline
hydrologic,
geologic
and
other
information
in
order
to
support
the
PHC
findings
on
whether
acidor
toxic­
forming
materials
are
present
that
could
result
in
the
contamination
of
surface
or
ground
water
supplies.

SMCRA
References:
30
CFR
Part
816.41
 
Hydrologic­
Balance
Protection
Part
816.42
 
Water
Quality
Standards
And
Effluent
Limitations
Parts
780.21(
h),
784.14(
g)
 
Hydrologic
Reclamation
Plan
Parts
816.102,
817.102
 
Backfilling
And
Grading:
General
Requirements
Parts
780.21(
f),
784.14(
e)
 
Probable
Hydrologic
Consequences
Determination
B.
Deed
Recordation:
The
owner/
operator
is
to
ensure
that
official
land
records
note
the
locations
and
dates
for
all
ash
placement
on
all
portions
B.
Deed
Recordation:
The
SMCRA
permit
would
be
required
to
show
the
location
of
CCB
placement
areas.
These
maps
are
public
information.
The
of
the
property,
particularly
where
the
property
may
be
subdivided
for
future
use.

RCRA
References:
Part
258.60(
i)
Deed
recordation
procedure
of
making
a
deed
recording
is
normally
done
to
record
a
type
of
deed
restriction.
SMCRA
requires
that
mining
and
reclamation
be
conducted
in
a
manner
that
restores
the
land
affected
to
a
condition
capable
of
supporting
the
uses
which
it
was
capable
of
supporting
prior
to
mining,
or
higher
or
better
uses
[
30
U.
S.
C.
1265
Section
515(
b)(
2)].
Under
this
scenario,
there
would
be
no
need
for
deed
restrictions.

SMCRA
References:
30
CFR
Parts
780.14,
784.23
 
Map
Requirements
Part
773.6
 
Public
Participation
In
Permit
Processing
Parts
773.6,
840.14,
842.16
 
Availability
of
Records
Parts
780.23,
784.15
 
Reclamation
Plan:
Postmining
Land
Use
Parts
816.133,
817.133
 
Postmining
Land
Use
C.
Baseline
Monitoring:
Prior
to
placing
ash
at
a
mine
site,
ground
water
monitoring
is
to
be
conducted
to
establish
"
baseline"
conditions
for
comparison
with
future
monitoring
data.
This
will
aid
in
detection
of
any
adverse
impacts.

RCRA
References:
Part
258.53(
3)
Establishing
background
C.
Baseline
Monitoring:
Each
permit
application
must
include
a
description
of
the
existing,
pre­
mining
environmental
resources
within
the
proposed
permit
area
and
adjacent
areas
that
may
be
affected
or
impacted
by
the
proposed
surface
mining
activities.
The
permit
application
must
include
the
following
baseline
information
upon
which
the
mining
and
reclamation
plan
must
be
based:
 
General
Environmental
Resources
Information
including
the
cultural,
historic,
and
archeological
resources,
30
CFR
§
779.12.
 
Climatic
Information,
30
CFR
§
779.18.
 
Vegetation
Information,
30
CFR
§
779.19.
 
Soils
Resource
Information,
30
CFR
§
779.21.
 
Maps:
General
Requirements,
30
CFR
§
779.24.
 
Cross
sections,
maps
and
plans,
30
CFR
§
779.25.
 
Fish
and
Wildlife
Resources,
30
CFR
§
779.16.
 
Hydrologic
Information,
30
CFR
§
780.21,
(
including
flood
plains,
critical
receptors
such
as
water
wells,
dams,
streams,
water
intake
structures,
and
wetlands)
including:
o
Sampling
and
Analysis
methodology
o
Ground
water
and
surface
water
baseline
information
o
Cumulative
impact
area
information
o
Modeling
or
statistical
analysis
may
be
required
o
Alternate
water
sources
o
PHC
o
CHIA
o
Hydrologic
reclamation
plan
o
Surface
and
Ground
water
monitoring
plan
 
Geologic
Information,
30
CFR
§
780.22,
including:
o
PHC
o
All
potential
acid
and
toxic
forming
strata
to
just
below
coal
seam
o
Description
of
the
geology
(
Detailed
guidance
is
given
in
the
OSM
Permitting
Hydrology
reference
including
structural
geologic
features
such
as
folding
and
faulting,
strike
and
dip,
and
joints
and
fractures
related
to
Fault
areas,
Seismic
Impact
Zones,
and
Unstable
areas)
in
the
proposed
permit
and
adjacent
areas
down
to
just
below
the
coal
seam
or
any
lower
aquifer
impacted
by
mining.
The
description
shall
include
the
area
and
structural
geology
of
the
permit
and
adjacent
areas,
and
other
parameters
which
influence
the
required
reclamation
and
the
occurrence,
availability,
movement,
quantity,
and
quality
of
potentially
impacted
surface
and
ground
water
based
on
information
collected
in
30
CFR
779
and:

Geologic
literature.

Analysis
of
samples
collected
from
test
borings
and
drill
cores
down
to
just
below
the
coal
seam
or
to
the
lowest
aquifer
affected
by
mining.

Logs
showing
the
lithologic
characteristics
of
each
stratum
and
related
ground
water.

Chemical
analysis
of
any
acid,
alkaline,
or
toxic
strata
including
total
and
pyretic
sulfur.

The
RA
may
require
additional
information
necessary
to
protect
the
hydrologic
balance
or
meet
the
performance
standards.
V.
Operational
Requirements
With
a
preference
for
the
flexibility
afforded
by
performance
standards,
the
only
area
of
concern
for
operational
requirements
is
fugitive
dust
controls.
Operational
requirements
are
used
for
this
area
because
monitoring
to
confirm
compliance
with
a
performance
standard
is
not
feasible.
V.
Operational
Requirements
A.
Fugitive
Dust
Controls:
Prior
to
discharge
at
a
mine
site,
ash
is
to
be
conditioned
by
mixing
with
water
to
a
moisture
content
of
at
least
5
percent
by
weight,
but
not
to
exceed
20
percent
by
weight.
The
purpose
of
conditioning
is
to
reduce
the
likelihood
that
dust
will
become
airborne
during
placement.

RCRA
References:
No
comparable
requirement
under
Subtitle
D
(
see,
Part
264.30
(
j)
 
Controlling
wind
dispersal,
under
Subtitle
C)
A.
Fugitive
Dust
Controls:
Requirements
for
large
mines
(
over
1
million
tons/
year)
west
of
the
100th
meridian
must
submit
an
air
pollution
control
plan
including
an
air
quality
monitoring
program
sufficient
to
evaluate
the
effectiveness
of
fugitive
dust
control
practices
in
order
to
comply
with
Federal
and
State
air
quality
standards
and
a
plan
for
fugitive
dust
control
practices.
All
other
mines
must
submit
an
air
pollution
control
plan
including
an
air
quality
monitoring
program
sufficient
to
evaluate
the
effectiveness
of
fugitive
dust
control
practices
in
order
to
comply
with
Federal
and
State
air
quality
standards,
only
if
required
by
the
RA,
and
a
plan
for
fugitive
dust
control
practices.

SMCRA
References:
30
CFR
Part
780.15
 
Air
Pollution
Control
Plan
Part
816.95
 
Stabilization
Of
Surface
Areas
(
Fugitive
Dust
Control)
VI.
Risk
Assessments
Owners/
operators
are
to
conduct
risk
assessments
to
inform
themselves,
regulators,
and
the
public
of
the
likelihood
that
the
placement
of
ash
at
the
mine
site
will
adversely
impact
critical
receptors.
A.
Impact
on
humans
and
other
animals
via
air
and
surface
water
pathways,
including
potential
intermingling
of
ground
water
and
surface
water.
B.
Impact
on
plants
via
air
and
surface
water
pathways,
including
potential
intermingling
of
ground
water
and
surface
water.
C.
Impact
on
air
quality
D.
Impact
on
water
quality,
including
potential
intermingling
of
ground
water
and
surface
water.
E.
Impact
on
fish,
including
potential
intermingling
of
ground
water
and
surface
water
and
potential
air
transport
of
contaminants
to
surface
water.

RCRA
References:
None
VI.
Risk
Assessments
Risk
is
defined
as
the
chance
of
injury,
damage,
or
loss.
A
risk
assessment
is
necessary
when
an
agency
is
contemplating
an
action
not
already
adequately
regulated
to
prevent
risk.

The
purposes
or
SMCRA
are
given
in
the
Act
as
follows,
30
U.
S.
C.
1202:
 
Establish
a
nationwide
program
to
protect
society
and
the
environment
from
the
adverse
effects
of
surface
coal
mining
operations.
 
Assure
that
the
rights
of
surface
landowners
and
other
persons
with
a
legal
interest
in
the
land
or
appurtenances
thereto
are
fully
protected
from
such
operations.
 
Assure
that
surface
mining
operations
are
not
conducted
where
reclamation
as
required
by
the
Act
is
not
feasible.
 
Assure
that
surface
coal
mining
operations
are
so
conducted
as
to
protect
the
environment.

As
such,
the
purpose
of
SMCRA
is
to
not
approve
a
permit
until
it
can
be
established
that
the
mining
operation,
including
the
placement
of
CCBs
if
proposed,
will
not
place
either
the
public
or
the
environment
at
risk.

Therefore,
there
is
not
a
need
for
additional
risk
assessment,
beyond
what
is
already
required
by
a
SMCRA
program
on
a
permit­
by­
permit
basis.

See
II.
Performance
Standards
and
IV.
Permitting/
Planning.
VII.
Public
Participation
To
be
comfortable
with
allowing
the
placement
of
ash
at
mine
sites,
the
public
needs
information,
opportunity
to
raise
concerns,
and
assurance
that
those
concerns
will
be
addressed.
VII.
Public
Participation
A.
Planning
and
Permitting:
Prior
to
approving
ash
placement,
the
permitting
authority
is
to
inform
the
public
of
the
planned
operation,
make
public
all
risk
assessment
(
item
VI,
above)
and
baseline
monitoring
(
item
IV,
above)
information
and
provide
for
interactive
public
discussion.

RCRA
References:
Part
239.6(
a)
and
(
b)
 
Public
Participation
in
Permitting
A.
Planning
and
Permitting:
Notification:
The
permit
applicant
must
publish
a
local
newspaper
notice
[
with
minimum
info
listed
at
773.13(
a)(
1)]
of
availability
of
the
application
at
the
country
courthouse
and
the
RA.
The
RA
must
notify
Federal,
State,
and
local
agencies
of
the
application.
The
RA
must
notify
any
persons
submitting
comment,
parties
involved
in
informal
conferences,
and
appropriate
agencies
of
permit
issuance
or
renewal.
Access:
Access
to
all
permitting
files,
including
inspections
and
monitoring
reports,
by
the
public
must
be
made
available
by
the
RA.
Comments:
The
public
may
submit
comments
or
written
objections
to
the
RA
within
30
days
of
last
newspaper
notice.
Any
person
with
interest
may
request
an
informal
conference
with
the
RA.
Enforcement:
The
RA
must
provide
for
public
participation
in
enforcement.
The
public
may
also
request
a
Federal
inspection.

SMCRA
References:
30
CFR
Part
773.6
 
Public
Participation
In
Permit
Processing
Part
773.6(
a)(
1)
 
Public
Advertisement
Of
Permits
Part
773.6,
773.9,
774.15
 
Notification
Requirements
Parts
773.6,
840.14,
842.16
 
Availability
Of
Records
Part
773.6(
d)
 
Public
Availability
Of
Permit
Applications
Parts
840.15,
840.16,
842.11
 
Public
Participation
In
Enforcement
Part
842.12
 
Requests
For
Federal
Inspections
Part
842.14
 
Review
Of
Adequacy
And
Completeness
Of
Inspections
B.
Monitoring
Information:
All
monitoring
data,
reports,
and
other
forms
of
information
should
be
made
available
to
the
public.
Access
to
all
information
is
to
be
readily
available
to
the
public
at
an
accessible
location
such
as
a
government
library.

RCRA
References:
No
comparable
requirements
under
Subtitle
D
(
see
Part
260.2
 
Availability
of
Information,
under
Subtitle
C)
B.
Monitoring
Information:
See
VII.
A.
above.

C.
Citizen
Suits:
The
public
is
to
have
the
opportunity
to
file
suit
in
appropriate
courts
to
ensure
compliance
by
the
owner/
operator.

RCRA
References:
RCRA
Section
7002;
Part
254
 
Prior
Notice
of
Citizen
Suits;
Part
239.9
 
Citizen
Intervention
in
Civil
Enforcement
Proceedings
C.
Citizen
Suits:
SMCRA
provides
for
citizen
lawsuits
and
judicial
review
of
decisions.

SMCRA
References:
30
CFR
Part
775
 
Administrative
And
Judicial
Review
Of
Decisions
Part
842.12
 
Requests
For
Federal
Inspections
Part
842.15
 
Review
Of
Decision
Not
To
Inspect
Or
Enforce
43
CFR
Subtitle
A,
Part
4,
Subpart
L
 
Special
Rules
Applicable
to
Surface
Coal
Mining
Hearings
And
Appeals
VIII.
Corrective
Action
In
the
case
of
exceedence
of
the
performance
standards
specified
in
item
II.,
above,
the
owner/
operator
must
undertake
corrective
action
to
protect
human
health
and
the
environment.
The
first
step
in
response
to
an
exceedence
may
be
to
assess
the
scope
of
the
problem
through
additional
monitoring.
The
owner/
operator
may
demonstrate
that
the
exceedence
results
from
a
source
other
than
the
ash
placement
or
that
the
exceedence
results
from
error
in
sampling,
analysis,
statistical
evaluation,
or
natural
variation
in
ground
water
quality.
If
the
exceedence
is
determined
to
result
from
the
ash
placement,
however,
corrective
measures
should
be
implemented.
The
steps
in
the
corrective
action
process
include:
assessment
of
corrective
measures,
selection
of
a
remedy,
selection
of
a
schedule
for
the
remedy,
and
implementation
of
corrective
action,
including
interim
measures
that
may
be
VIII.
Corrective
Action
SMCRA
requires
regular
inspections
and
monitoring
of
the
permit.
Corrective
actions
may
be
required
through
notices
of
violation,
cessation
order,
or
required
permit
revision.
The
permittee
is
required
to
immediately
notify
the
RA
and
take
corrective
actions
as
soon
as
a
water
quality
non­
compliance
is
determined.
The
permittee
must
take
whatever
steps
are
necessary
to
ensure
that
the
public
health
and
environment
are
protected
based
on
compliance
with
applicable
performance
standards,
permit
terms
and
conditions.

SMCRA
References:
30
CFR
Part
840
 
State
Regulatory
Authority:
Inspection
And
Enforcement
Part
842
 
Federal
Inspections
And
Monitoring
Part
843
 
Federal
Enforcement
Part
845
 
Civil
Penalties
Part
846
 
Individual
Civil
Penalties
necessary
for
the
immediate
protection
of
human
health
or
the
environment.

RCRA
References:
Part
258.54(
c)(
3)
 
Response
to
exceedences
of
performance
standards;
Part
258.56
 
Assessment
of
corrective
measures;
Part
258.57
 
Selection
of
remedy;
Part
258.58
 
Implementation
of
corrective
action
IX.
Post­
closure/
Postreclamation
Care
(
Post­
SMCRA
Bond
Release)
Monitoring
and
maintenance
of
the
ash
placement
area
should
continue
throughout
the
time
period
for
which
the
effects
of
ground
water
from
ash
placement
could
be
reasonably
expected
to
be
measured
or
observed.
This
time
period
may
extend
beyond
the
completion
of
reclamation
and
the
time
of
bond
release
for
the
overall
mine
site.

A.
Maintenance
and
Inspection:
Postclosure
activities
are
to
include
inspection
and
maintenance
as
needed
of
the
vegetative
cover
over
the
ash
placement
area
and
of
any
other
engineered
controls,
such
as
a
final
cover,
that
may
have
been
placed.

RCRA
References:
Part
258.61(
a)
 
Post­
closure
activities;
Part
258.61(
a),
(
b),
and
(
e)
 
Duration
of
post­
closure
period
B.
Monitoring
and
Corrective
Action:
As
specified
in
Item
I.
D.,
above,
maintenance
and
operation
of
the
ground
water
monitoring
system
for
the
ash
placement
area
should
continue
throughout
the
postreclamation
period.
These
activities
are
to
include
evaluation
of
results
against
the
performance
standards
specified
in
Item
II.,
above,
and
implementation,
if
needed,
of
corrective
action
as
discussed
in
Item
VII.,
above.

RCRA
References:
Part
258.61(
a)(
3)
 
Postclosure
ground
water
monitoring;
Part
258.61(
a),
IX.
Post­
closure/
Postreclamation
Care
(
Post­
SMCRA
Bond
Release)
SMCRA
enforcement
ceases
following
the
release
of
Phase
III
bond
liability.
Performance
bond
liability
will
be
for
the
duration
of
the
surface
coal
mining
and
reclamation
operation
and
for
a
period
which
is
coincident
with
the
operator's
period
of
extended
responsibility
for
successful
revegetation
(
10
years
after
establishment
of
vegetation
in
areas
with
less
than
26"
precipitation;
5
years
after
establishment
of
vegetation
in
areas
with
more
than
26"
precipitation)
or
until
achievement
of
the
reclamation
requirements
of
the
Act,
regulatory
programs,
and
permit,
which
ever
is
later
(
this
would
include
determination
of
compliance
with
the
hydrologic
performance
standards
at
30
CFR
816.41(
a,
b,
and
h)
and
816.42.
Performance
standards
related
to
the
protection
of
ground
water
would
include
that
all
mining
and
reclamation
activities
shall
be
conducted
to
minimize
disturbance
of
the
hydrologic
balance
within
the
permit
and
adjacent
areas,
to
prevent
material
damage
to
the
hydrologic
balance
outside
the
permit
area,
to
assure
the
protection
or
replacement
of
water
rights,
and
to
support
the
approved
post­
mining
land
uses
in
accordance
with
the
terms
and
conditions
of
the
approved
permit.
Any
person
who
conducts
surface
mining
activities
shall
replace
the
water
supply
of
an
owner
of
interest
in
real
property
who
obtains
all
or
part
of
his
or
her
supply
of
water
for
(
b),
and
(
e)
 
Duration
of
post­
closure
period
C.
Financial
Assurance:
In
the
event
the
post­
closure/
post­
reclamation
care
period
for
the
ash
placement
area
extends
beyond
the
time
of
bond
release
for
the
overall
mine
site,
the
owner/
operator
is
to
establish
financial
assurance
to
provide
for
maintenance
and
monitoring
of
the
ash
placement
area
specifically
and
for
any
potential
corrective
action
associated
with
ash
placement.

RCRA
References:
Part
258.72
 
Financial
assurance
for
post­
closure
care;
Part
258.73
 
Financial
assurance
for
corrective
action;
Part
258.74
 
Allowable
mechanisms
domestic,
agricultural,
industrial,
or
other
legitimate
use
from
an
underground
or
surface
source,
where
the
water
supply
has
been
adversely
impacted
by
contamination,
diminution,
or
interruption
proximately
(
defined
as
a
result
that
directly
produces
and
event
and
without
which
the
event
would
not
have
occurred)
resulting
from
the
surface
mining
activities.
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.
EPA
set
forth
in
40
CFR
Part
434.

SMCRA
References:
30
CFR
Ch.
VII,
subchapter
J
 
Bonding
And
Insurance
Requirements
For
Surface
Coal
Mining
And
Reclamation
Operations.
Part
800.13
 
Period
Of
Liability
Parts
816.41,
817.41
 
Hydrologic­
Balance
Protection
Parts
816.42,
817.42
 
Water
Quality
Standards
And
Effluent
Limitations
Parts
816.111,
817.111
 
Revegetation:
General
Requirements
Parts
816.116,
817.116
 
Revegetation:
Standards
For
Success
Parts
816.132,
817.132
 
Cessation
Of
Operations:
Permanent
Parts
816.133,
817.133
 
Postmining
Land
Use
Parts
780.23(
b),
784.15(
b)
 
Reclamation
Plan:
Land
Use
Information,
Following
Reclamation
