CCB
PLACEMENT
AND
UTILIZATION
JURISDICTIONAL
FRAMEWORK
AND
DIAGRAM
This
document
and
related
information
outlines
the
state
jurisdictional
and
regulatory
framework
concerning
CCB
placement
and
utilization.
A
jurisdictional
diagram
is
also
attached
to
the
document.
The
diagram
identifies
the
regulatory
authority
that
is
associated
with
each
type
of
CCB
placement
or
utilization
activity.

Active
Coal
Sites
Placement
of
coal
ash
for
any
area
on
these
sites
will
be
regulated
under
the
Federal
SMCRA
or
under
a
state
SMCRA
and
associated
regulations
in
primacy
states.
Other
state
laws
or
regulations
will
also
regulate
or
address
the
placement
of
coal
ash
in
relationship
to
ground
and
surface
water
degradation
or
contamination,
placement
area
restrictions,
coal
ash
quality
and/
or
leaching
analysis,
monitoring
requirements,
operational
requirements,
and
other
related
areas.
Any
concerns
that
have
been
expressed
in
relationship
to
RCRA
related
requirements
(
Federal
or
State)
should
be
covered
by
SMCRA
and/
or
other
state
environmental
acts
or
regulations.
State
jurisdiction
on
these
sites
will
most
likely
be
handled
primarily
by
a
mining
regulatory
authority,
with
joint
regulatory
oversight
or
input
from
other
state
regulatory
authorities
dealing
with
waste,
water
and
air.

Abandoned
Mine
Lands
Placement
of
coal
ash
for
any
area
associated
with
this
type
of
site
will
more
than
likely
be
handled
under
the
state
waste
regulatory
authority,
with
joint
regulatory
oversight
or
input
from
other
state
regulatory
authorities
dealing
with
water
and
air.
Depending
on
the
state,
a
mining
regulatory
authority
or
one
designated
to
deal
with
abandoned
mine
land
reclamation,
may
be
designated
the
lead
regulatory
authority
overseeing
the
placement
work,
which
is
being
conducted
under
an
approval
or
authorization
of
the
state
waste
regulatory
authority.
Any
placement
conducted
on
this
type
of
site
should
also
meet
any
RCRA
related
requirements;
as
it
would
be
conducted
in
accordance
with
those
state
acts
or
regulations
that
address
federal
RCRA
and
other
related
regulatory
requirements.

Noncoal
Sites
Placement
of
coal
ash
on
these
sites
would
be
handled
by
the
state
mining
regulatory
authority,
with
joint
regulatory
oversight
or
input
from
the
state
waste
regulatory
authority.
The
state
water
and
air
regulatory
authorities
will
also
have
some
input
on
placement
at
these
sites,
and
they
may
have
some
regulatory
oversight
areas
as
well.
All
approvals
for
placement
on
these
sites
should
also
satisfy
RCRA
requirements
via
the
state
acts
or
regulations
associated
with
the
mining,
waste,
water
and
air
regulatory
authorities.
Beneficial
Uses
Utilization
of
coal
ash
for
beneficial
purposes
would
be
handled
by
the
state
waste
regulatory
authority
in
most
circumstances.
However,
other
state
regulatory
authorities
may
permit
or
approve
the
utilization
via
a
waste
authority
approval.
Most
of
the
approved
beneficial
uses
should
meet
all
applicable
RCRA
requirements,
and
other
related
federal
regulatory
requirements,
as
many
of
them
will
be
coproduct
or
product
replacement
approvals.
All
beneficial
use
approvals
should
also
represent
a
minimal,
if
any,
environmental
risk,
do
to
the
actual
use,
the
amount
of
ash
utilized,
normal
pre­
testing
requirements
and
actual
beneficial
use
guidelines
and
requirements.

The
actual
Jurisdictional
setup
for
all
scenarios
will
have
to
be
determined
on
a
state
by
state
basis.
The
adequacy
of
each
state's
programs
in
relationship
to
meeting
EPA's
concerns
can
also
be
addressed
at
that
time.
In
any
event,
every
state
should
be
able
to
address
EPA's
concerns
by
way
of
existing
state
act
or
regulations,
and
when
they
don't,
a
minor
modification
or
addition
to
those
existing
acts
or
regulations,
should
solve
the
problem.

MS1­
CoalAsh
CCB
PLACEMENT
JURISDICTIONAL
DIAGRAM
TYPE
OF
SITE
REGULATORY
COVERAGE
ACTIVE
COAL
SITES:
Federal
SMCRA
(
with
or
without
abandoned
mine
lands)
State
SMCRA
and
associated
regulations
(
in
primacy
approved
states)
State
Clean
Streams
Act
and/
or
Regulations
State
Solid
Waste
Act
and/
or
Regulations
State
Drinking
Water
Act
and/
or
Regulations
State
Air
Quality
Act
and/
or
Regulations
ABANDONED
MINE
LANDS:
State
Clean
Streams
Act
and/
or
Regulations
(
no
active
mine
permit)
State
Solid
Waste
Act
and/
or
Regulations
State
Drinking
Water
Act
and/
or
Regulations
State
Air
Quality
Act
and/
or
Regulations
NONCOAL
SITES:
State
Noncoal
SMCRA
and
associated
regulations
State
Clean
Streams
Act
and/
or
Regulations
State
Solid
Waste
Act
and/
or
Regulations
State
Drinking
Water
Act
and/
or
Regulations
State
Air
Quality
Act
and/
or
Regulations
BENEFICIAL
USES:
State
Clean
Streams
Act
and/
or
Regulations
State
Solid
Waste
Act
and/
or
Regulations
State
Drinking
Water
Act
and/
or
Regulations
State
Air
Quality
Act
and/
or
Regulations
