REGULATION
AND
POLICY
CONCERNING
MINE
PLACEMENT
OF
COAL
COMBUSTION
WASTE
IN
SELECTED
STATES
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
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not
for
citation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.
State
CCW
Mine
Placement
Regulations
and
Policy
1
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
REGULATION
AND
POLICY
CONCERNING
MINE
PLACEMENT
OF
COAL
COMBUSTION
WASTE
IN
SELECTED
STATES
This
report
reviews
and
summarizes
current
State
regulations
and
policy
concerning
the
placement
of
coal
combustion
wastes
(
CCW)
in
surface
and
underground
mines.
Mine
placement
of
CCW
occurs
most
commonly
in
coal
mines,
but
also
occurs
in
noncoal
mines
(
e.
g.,
sand
and
gravel
quarries,
limestone
mines,
or
clay
mines).
Mine
placement
may
be
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
selected
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,
°
Enforceable
limits
and
corrective
action
provisions,
°
Operational
or
placement
engineering
requirements,
°
Performance
bonding
or
financial
assurance
requirements,
and
State
CCW
Mine
Placement
Regulations
and
Policy
2
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
°
Other
closure
and
post­
closure
requirements.

The
summary
profiles
of
applicable
State
regulations,
included
herein
for
each
State,
often
refer
to
the
previous
EPA
report,
titled
Regulation
of
Landfills
and
Surface
Impoundments
Managing
Coal
Combustion
Waste
in
26
States,
for
greater
detail
in
an
effort
to
avoid
redundancy.
This
report
is
referenced
when
the
solid
waste
regulations
pertaining
to
CCW
placement
in
noncoal
mines
are
similar
to
or
the
same
as
the
solid
waste
regulations
pertaining
to
CCW
disposal
in
a
landfill.

Research
Methodology
This
report
combines
the
results
of
two
parallel
research
efforts:
one
reviewing
State
regulations
for
coal
mine
placement
of
CCW
and
another
reviewing
State
regulations
for
noncoal
mine
placement
of
CCW.
States
were
selected
for
each
effort
using
slightly
differing
methodologies.
States
reviewed
for
coal
mine
placement
regulations
were
selected
based
on
the
number
of
coal
mines
in
each
State.
States
review
for
noncoal
mine
placement
regulations
were
selected
based
on
the
estimated
likelihood
of
CCW
placement
into
noncoal
mines
within
each
State.
This
likelihood
was
estimated
by
establishing
a
ranking
for
each
State
which
combined
the
number
of
noncoal
mines
within
the
State,
the
coal
consumption
by
electric
utilities
within
the
State,
and
the
regulatory
requirements
within
each
State.
More
specifically,
SAIC
obtained
data
from
the
United
States
Geological
Service
to
create
a
ranking
of
States
based
on
the
number
of
sand,
gravel,
clay,
and
limestone
mines
in
each
of
the
50
States.
Data
were
taken
from
the
Mineral
Industry
Survey
Directories
of
Producers
in
the
United
States
for
each
of
the
materials
and
a
ranking
of
each
State
based
on
the
number
of
noncoal
mines
was
generated.
Then,
coal
consumption
data
were
obtained
from
the
Energy
Information
Administration,
Form
EIA­
759,
"
Monthly
Power
Plant
Report"
(
1998).
A
combination
of
the
two
sets
of
data
produced
a
ranking
of
the
States
believed
to
most
likely
have
placement
of
CCW
in
noncoal
mines.
Finally,
the
ranking
was
adjusted
to
account
for
ten
States
that
EPA
was
aware
of
from
previous
research
to
have
specific
regulations
pertaining
to
placement
of
CCW
in
noncoal
mines
or
loopholes
in
their
solid
waste
regulations
pertaining
to
"
fill"
projects
that
may
allow
the
unregulated
placement
of
CCW
in
noncoal
mines.

There
was
considerable
overlap
in
the
list
of
States
reviewed
for
each
effort.
Therefore,
regulations
for
both
types
of
mine
placement
(
i.
e.,
coal
and
noncoal)
were
reviewed
for
most
of
the
States
covered
by
this
report.
For
a
few
States,
however,
regulations
for
only
one
type
of
mine
placement
were
reviewed.
In
these
States,
the
other
type
of
placement
is
not
known
to
be
occurring
or
likely
to
occur
in
the
future,
based
on
EPA's
estimates.
For
example,
coal
mine
placement
is
not
known
to
have
occurred
in
Massachusetts
and
is
not
likely
to
occur
in
the
future.
Therefore,
the
review
of
Massachusetts'
regulations
focused
on
noncoal
mine
placement
only.
Table
1
lists
the
States
covered
by
this
report
and
identifies
the
focus
of
the
review
for
each
State.
State
CCW
Mine
Placement
Regulations
and
Policy
3
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
Table
1.
States
Review
ed
for
this
Report
Reviewed
for
both
coal
and
noncoal
mine
placement
regulations:
Reviewed
for
coal
mine
placement
regulations
only:
Reviewed
for
noncoal
mine
placement
regulations
only:

Alabama
Arizona
Colorado
Illino
is
Indiana
Kansas
Kentucky
Maryland
Missouri
Montana
North
Dakota
Ohio
Oklahoma
Pennsylvania
Tennessee
Texas
West
Virginia
Alaska
Arkansas
Louisiana
New
Mexico
Utah
Virginia
Washington
Wyoming
Florida
Georgia
Iowa
Massachusetts
Michigan
Minnesota
Nebraska
New
York
Wisconsin
For
both
efforts,
the
regulatory
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),
information
available
on
State
web
sites,
and
information
provided
by
State
contacts.
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.

Summary
Tables
State
CCW
Mine
Placement
Regulations
and
Policy
4
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
Where
State
coal
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
2
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.
It
is
important
to
note
that
because
the
Federal
SMCRA
regulations
apply
only
to
coal
mines,
many
State
programs
similarly
address
CCW
placement
only
in
coal
mines.

Table
3
summarizes
the
structure
of
the
State
regulations
pertaining
to
mine
placement
of
CCW
in
both
coal
and
noncoal
mines.
A
companion
to
this
report,
entitled
Mine
Placement
of
Coal
Combustion
Waste:
State
Program
Elements
Analysis,
provides
additional
summary
tables
that
identify
program
elements
pertaining
to
mine
placement
oversight
in
each
State.

The
pages
following
the
tables
include
State
profiles
that
more
fully
describe
each
State's
applicable
policy
and
regulatory
requirements.
Where
a
State
has
programs
for
CCW
placement
in
coal
and
noncoal
mines,
the
programs
are
summarized
in
separate
profiles.
State
CCW
Mine
Placement
Regulations
and
Policy
5
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
Table
2.
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.

Before
Placement
Distinction
Betw
een
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
hydro
logic
consequences
(
PHC)
determination
is
required.
Under
OSM
guidance,
the
PHC
should
sp
ecifically
address
coal
combustion
waste
placem
ent.
The
PHC
must:
°
Determine
the
consequences
of
the
proposed
mining
and
reclamation
operation
upon
the
quality
and
quantity
of
surface
and
ground
water.
°
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
Noncoal
mine
waste
may
not
be
disposed
in
a
refuse
pile
or
impounding
structure.
Noncoal
mine
waste
disposal
sites
may
not
be
located
within
8
feet
of
any
coal
outcrop
or
coal
storage
area.
(
States
vary
in
their
interpretation
of
whether
CCW
is
catego
rized
as
a
noncoal
mine
waste.)

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
A
reas.
°
On
any
Federal
lands
within
a
national
forest.
°
On
any
lands
where
the
operations
would
adversely
affect
parks
or
any
place
in
the
N
ational
Register
of
Historic
Places.
°
Within
100
feet
of
any
public
road
or
cemetery.
°
Within
300
feet
of
occupied
dwellings,
parks,
or
public
buildings.

Reclamation
Plan
A
reclamation
plan
that
provides
for
protection
of
the
environment,
public
safety,
and,
ideally,
a
new
beneficial
Table
2.
Federal
SMCRA
Regulations/
Guidance
Applicable
to
the
Mine
Placement
of
Coal
Combustion
Wastes
State
CCW
Mine
Placement
Regulations
and
Policy
6
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
standard
s.

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.
("
Material
damage"
is
no
t
defined
as
it
might
apply
to
water
resources.)
°
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.
°
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
noncoal
mine
waste
disposal
Table
2.
Federal
SMCRA
Regulations/
Guidance
Applicable
to
the
Mine
Placement
of
Coal
Combustion
Wastes
State
CCW
Mine
Placement
Regulations
and
Policy
7
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
areas
does
not
degrade
surface
or
ground
water,
which
may
necessitate
performing
waste
characterization.
(
States
vary
in
their
interpretation
of
whether
CCW
is
catego
rized
as
a
noncoal
mine
waste.)

Waste
Characteristic
Limits
None
specified
Address
Acid­
Base
B
alance/
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.
The
permit
must
be
renewed
every
5
years
and
is
reviewed
by
the
permitting
authority
at
the
middle
of
the
permit
term.
Under
OSM
guidance,
the
permit
application
should
include
identification
of
coal
combustion
waste
placement
areas.
Final
disposal
of
noncoal
mine
waste
shall
be
in
a
designated
disposal
site
in
the
permit
area
o
r
a
State­
approved
solid
waste
disposal
area.
(
States
vary
in
their
interpretation
of
whether
CCW
is
categorized
as
a
noncoal
mine
waste.)

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
perm
itting
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
noncoal
mine
waste
disposal
areas
does
not
degrade
surface
or
ground
water,
which
may
necessitate
performing
waste
characterization.
(
States
vary
in
their
interpretation
of
whether
CCW
is
catego
rized
as
a
noncoal
mine
waste.)

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
ground
water
for
current
and
approved
post­
mining
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
three
m
onths.

The
regulatory
authority
may
require
additional
monitoring.
Table
2.
Federal
SMCRA
Regulations/
Guidance
Applicable
to
the
Mine
Placement
of
Coal
Combustion
Wastes
State
CCW
Mine
Placement
Regulations
and
Policy
8
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
Performance
Standards
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.

For
disposal
of
noncoal
mine
waste,
placement
and
storage
shall
ensure
that
leachate
and
surface
runoff
do
not
degrade
surface
or
ground
water.
(
States
vary
in
their
interpretation
of
whether
CCW
is
categorized
as
a
noncoal
mine
waste.)

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

Operations
of
noncoal
mine
waste
disposal
sites
shall
be
conducted
in
compliance
with
all
local,
State,
and
Federal
requirements.
(
States
vary
in
their
interpretation
of
whether
CCW
is
catego
rized
as
a
noncoal
mine
waste.)

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
po
ssible
after
learning
of
such
noncompliance,
any
person
whose
health
and
safety
is
in
imminent
danger
due
to
the
noncompliance.

Operational
Requirements/
Placement
Engineering
Surface
mining
operators
must
develop
an
operation
plan,
air
po
llution
co
ntrol
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
topso
il
storage
areas,
and
noncoal
waste
disposal
areas.
Under
OSM
guidance,
the
operation
plan
should
address
coal
combustion
waste
placement.
Also
under
OSM
guidance,
the
air
pollution
control
plan
should
specifically
address
coal
combustion
w
aste
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.
Table
2.
Federal
SMCRA
Regulations/
Guidance
Applicable
to
the
Mine
Placement
of
Coal
Combustion
Wastes
State
CCW
Mine
Placement
Regulations
and
Policy
9
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
°
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
op
erations
in
accordance
with
contemporaneous
reclamation
performance
standards.

For
noncoal
mine
waste
disposal
areas,
wastes
shall
be
routinely
compacted
and
covered
to
prevent
wind­
borne
waste.
(
States
vary
in
their
interp
retation
of
whether
CCW
is
catego
rized
as
a
noncoal
mine
waste.)

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.
°
Release
of
the
performance
bonds
are
contingent
upon
the
successful
completion
of
the
reclamation
plan
(
including
revegetation).
°
The
period
of
liability
extends
through
the
duration
of
the
surface
mining
operation
and
through
the
"
period
of
extended
responsibility"
for
successful
revegetation
or
until
achievement
of
the
reclamation
requirements
of
the
Act,
regulatory
programs,
and
permit,
whichever
is
later.
The
"
period
of
extended
responsibility
for
successful
revegetation"
is
defined
as
5
years
in
areas
of
26
inches
or
more
rainfall
(
2
years
if
the
lands
are
suitable
for
remining)
and
10
years
in
areas
of
less
than
26
inches
of
rainfall
(
5
years
if
the
lands
are
suitable
for
remining).

Other
Closure/
Post­
closure
Requirements
Final
disposal
of
noncoal
mine
wastes
requires:
°
A
minimum
of
2
feet
of
soil
cover.
°
Slope
stabilization.
°
Revegetation.
Table
2.
Federal
SMCRA
Regulations/
Guidance
Applicable
to
the
Mine
Placement
of
Coal
Combustion
Wastes
State
CCW
Mine
Placement
Regulations
and
Policy
10
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
(
States
vary
in
their
interpretation
of
whether
CCW
is
catego
rized
as
a
noncoal
mine
waste.)
Key:
X
Yes/
applicable
NR
Not
Reviewed.
This
type
of
mine
placement
is
not
occurring
and
is
not
likely
to
occur
in
the
future
in
this
State.
Therefore,
applicable
regulatory
requirements
were
not
reviewed
for
this
report.
Blank
No/
Not­
applicable
State
CCW
Mine
Placement
Regulations
and
Policy
11
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
Table
3.
Summary
of
Structure
of
State
Regulatory
Programs
for
Mine
Placement
of
CCW:
Coal
and
Noncoal
Mines
State
Coal
Mine
Placement
Noncoal
Mine
Placement
Currently
Occurring
Applicable
Mining
Regulations
Applicable
Solid
Waste
Regulations
Beneficial
Use/
Disposal
Distinction
Currently
Occurring
Applicable
Mining
Regulations
Applicable
Solid
Waste
Regulations
Beneficial
Use/
Disposal
Distinction
Alabama
X
X
Alaska
X
X
X
NR
NR
NR
Arkansas
X
X
NR
NR
NR
Arizona
X
X(
federal)
X
X
Colorado
X
X
X
X
X
X
Florida
NR
NR
NR
X
Georgia
NR
NR
NR
X
X
Illinois
X
X
X
X
(
based
on
purpose)
X
X
X
(
based
on
purpose)

Indiana
X
X
X
(
based
on
purpose)
X
X
X
(
based
on
purpose)

Iowa
NR
NR
NR
X
X
X
(
based
on
purpose)

Kansas
X
X
X
X
Kentucky
X
X
X
X
(
based
on
purpose)
X
Louisiana
X
X
NR
NR
NR
Massachusetts
NR
NR
NR
X
X
Maryland
X
X
X
X
X
Michigan
NR
NR
NR
X
X
Minnesota
NR
NR
NR
X
Table
3.
Summary
of
Structure
of
State
Regulatory
Programs
for
Mine
Placement
of
CCW:
Coal
and
Noncoal
Mines
State
Coal
Mine
Placement
Noncoal
Mine
Placement
Currently
Occurring
Applicable
Mining
Regulations
Applicable
Solid
Waste
Regulations
Beneficial
Use/
Disposal
Distinction
Currently
Occurring
Applicable
Mining
Regulations
Applicable
Solid
Waste
Regulations
Beneficial
Use/
Disposal
Distinction
Key:
X
Yes/
applicable
NR
Not
Reviewed.
This
type
of
mine
placement
is
not
occurring
and
is
not
likely
to
occur
in
the
future
in
this
State.
Therefore,
applicable
regulatory
requirements
were
not
reviewed
for
this
report.
Blank
No/
Not­
applicable
State
CCW
Mine
Placement
Regulations
and
Policy
12
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
Missouri
X
X
X
X
(
based
on
purpose
&
ecological
risk)
X
X
X
(
based
on
purpose
&
ecological
risk)

Montana
X
X
X
X
X
Nebraska
NR
NR
NR
X
New
Mexico
X
X
NR
NR
NR
New
York
NR
NR
NR
X
X
X
North
Dakota
X
X
X
(
based
on
purpose)
X
Ohio
X
X
X
X
(
based
on
volume)
X
X
X
(
based
on
volume)

Oklahoma
X
X
X
X
X
X
Pennsylvania
X
X
X
X
(
based
on
environmental
benefit)
X
X
X
Tennessee
X(
federal)
X
X
X
Texas
X
X
X
X
(
based
on
purpose)
X
X
(
based
on
purpose)

Utah
X
NR
NR
NR
Virginia
X
X
(
based
on
purpose)
NR
NR
NR
Washington
X
X
(
federal)
X
NR
NR
NR
Wisconsin
NR
NR
NR
X
X
X
X
(
based
on
purpose)

West
Virginia
X
X
X
X
(
based
on
volume)
X
X
Wyoming
X
X
X
NR
NR
NR
1
This
is
a
different
interpretation
than
originally
reported
in
Regulation
and
Policy
Concerning
Mine
Placement
of
Coal
Combustion
Waste
in
26
States
(
10/
26/
01
­
working
draft).
In
that
report
it
was
stated
that
CCW
was
exempt
as
an
industrial
solid
waste
but
still
could
be
considered
a
special
waste.

State
CCW
Mine
Placement
Regulations
and
Policy
13
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
ALABAMA:
Coal
Mines
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,
however,
specifically
EXCLUDE
wastes
which
result
from
the
combustion
of
coal
at
electric
generating
plants
from
the
definition
of
industrial
solid
waste.
For
this
reason,
as
stated
by
Andy
Baker
(
DEM),
CCW
could
not
be
considered
a
special
waste
either.
1
Therefore,
any
placement
or
disposal
of
CCW
would
not
fall
under
the
solid
waste
regulations
or
the
authority
of
DEM.

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)

Andy
Baker,
Waste
Management,
Department
of
Environmental
Management
(
personal
communication,
11/
1/
01)
State
CCW
Mine
Placement
Regulations
and
Policy
14
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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.
ALABAMA
State
CCW
Mine
Placement
Regulations
and
Policy
15
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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.
2
This
is
a
different
interpretation
than
originally
reported
in
Regulation
and
Policy
Concerning
Mine
Placement
of
Coal
Combustion
Waste
in
26
States
(
10/
26/
01
­
working
draft).
In
that
report
it
was
stated
that
CCW
was
exempt
as
an
industrial
solid
waste
but
still
could
be
considered
a
special
waste.

State
CCW
Mine
Placement
Regulations
and
Policy
16
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
ALABAMA:
Noncoal
Mines
In
Alabama,
CCW
placement
in
a
noncoal
mine
has
yet
to
occur.
If
it
were
to
occur,
the
Alabama
Department
of
Industrial
Relations
(
DIR),
which
is
responsible
for
the
abandoned
mine
and
noncoal
mining
programs,
would
have
sole
jurisdiction
over
the
activity.
The
concern
would
be
that
such
an
activity
comply
with
mine
reclamation
guidelines.
All
surface
mining
operations
must:

°
Obtain
a
permit
°
Leave
at
least
a
50
foot
setback,
with
no
disturbance.
The
setback
must
have
lateral
support
graded
to
a
3:
1
slope
or
flatter,
stabilized,
mulched,
fertilized,
and
planted
in
native
grasses
and
legumes.
°
Conduct
surface
mining
operations
in
such
a
manner
as
to
minimize
their
impact
on
water
quality
and
ensure
compliance
with
water
quality
standards
°
Provide
to
the
DIR
a
pollution
abatement
and/
or
prevention
plan
that
includes
the
following:
<
A
plan
for
diverting
surface
water
<
A
narrative
account
of
operations
<
A
plan
to
eliminate
or
minimize
sediment
<
The
location
of
all
streams
in
or
adjacent
to
the
mining
area
for
determining
the
need
for
setbacks,
buffer
strips,
or
screens.
<
Measures
to
minimize
effects
of
any
non­
point
source
pollution
<
Whether
the
mining
operation
will
be
in
the
watershed
of
a
public
water
supply
°
Comply
with
effluent
limitations
and
monitoring
requirements,
if
specified
in
the
permit
conditions
°
Develop
and
implement
a
comprehensive
reclamation
plan.
°
Grade
and
backfill
highwalls
to
a
3:
1
or
flatter
slope
and
provide
soil
stabilization
and
drainage
control.
°
Reclaim
affected
land
through
revegetation
(
at
least
75%
of
affected
land
must
have
local,
permanent­
type
grass
coverage)
°
Provide
a
reclamation
bond.
Bonds
may
be
surety,
negotiable,
or
cash.

The
Department
of
Environmental
Management's
(
DEM)
solid
waste
program
exempts
CCW
as
a
solid
waste
and,
for
this
reason,
as
stated
by
Andy
Baker
(
DEM),
CCW
could
not
be
considered
a
special
waste
either.
2
Therefore,
any
placement
or
disposal
of
CCW
would
not
fall
under
the
solid
waste
regulations
or
the
authority
of
DEM.
State
CCW
Mine
Placement
Regulations
and
Policy
17
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
References
Alabama
Statute:
Act
99­
579,
Amendments
to
the
Alabama
Surface
Mining
Act
of
1969
(
effective10/
1/
99)

Alabama
Regulations:
335­
6­
9;
335­
13­
1­.
03;
480­
3­
6
Andy
Baker,
Waste
Management,
Department
of
Environmental
Management
(
personal
communication,
11/
1/
01)

Walter
Cartwright,
Surface
Mining
of
Non­
fuel
Minerals,
State
Programs
Division,
Department
of
Industrial
Relations
(
personal
communication
11/
5/
01)
State
CCW
Mine
Placement
Regulations
and
Policy
18
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
ALASKA:
Coal
Mines
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)
State
CCW
Mine
Placement
Regulations
and
Policy
19
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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.
ALASKA
State
CCW
Mine
Placement
Regulations
and
Policy
20
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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,
plus:
°
No
placement
within
10
feet
of
highest
measured
level
of
an
aquifer.
°
Compaction
or
other
waste
conditioning,
as
applicable,
on
a
case­
by­
case
basis.
ALASKA
State
CCW
Mine
Placement
Regulations
and
Policy
21
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
post­
closure
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
self­
insurance,
insurance,
surety,
or
other
guarantee
approved
by
SWM.

Other
Closure/
Post­
closure
Requirements
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
State
CCW
Mine
Placement
Regulations
and
Policy
22
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
ARIZONA:
Coal
Mines
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)
State
CCW
Mine
Placement
Regulations
and
Policy
23
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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.
ARIZONA
State
CCW
Mine
Placement
Regulations
and
Policy
24
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
d
efinition
of
inert,
Aquifer
Protection
Permit
co
rrective
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
d
efinition
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.
State
CCW
Mine
Placement
Regulations
and
Policy
25
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
ARIZONA:
Noncoal
Mines
In
Arizona,
the
placement
of
CCW
in
noncoal
mines
is
not
controlled
by
the
State's
mining
program,
which
deals
only
with
safety
concerns.
Rather,
the
Arizona
Department
of
Environmental
Quality
(
ADEQ)'
s
solid
waste
program
has
sole
authority
and
applies
the
same
requirements
for
CCW
placement
in
noncoal
mines
as
it
does
for
coal
mines.
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
the
Arizona
summary
profile
for
coal
mines,
found
above,
for
more
information).

References
Arizona
Statutes:
ARS
§
§
49­
701(
15),
49­
762.07(
A),
and
49­
762.07(
E)

Paul
Catanzariti,
Reclamation
Specialist,
Arizona
State
Mine
Inspector's
Office
(
personal
communication,
10/
18/
01)
State
CCW
Mine
Placement
Regulations
and
Policy
26
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
ARKANSAS:
Coal
Mines
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)
State
CCW
Mine
Placement
Regulations
and
Policy
27
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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.
ARKANSAS
State
CCW
Mine
Placement
Regulations
and
Policy
28
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
During
Placement
Ongoing
Waste
Characterization
Under
the
solid
waste
program's
internal
policy,
the
CCW
would
need
to
pass
a
TCLP
test
during
active
dispo
sal.

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.
State
CCW
Mine
Placement
Regulations
and
Policy
29
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
COLORADO:
Coal
Mines
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.
State
CCW
Mine
Placement
Regulations
and
Policy
30
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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.

Mike
Long,
Division
of
Minerals
and
Geology,
Colorado
Department
of
Natural
Resources
(
written
comments
to
EPA,
2/
11/
02)
State
CCW
Mine
Placement
Regulations
and
Policy
31
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
determ
ined
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
determ
ined
on
a
site­
by­
site
basis.
The
two
active
CCW
placement
projects
required
no
disposal
in
the
flood
plain.
Also,
generally,
placement
of
ash
in
coal
mines
is
conducted
to
ensure
isolation
from
the
hydrologic
system.

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
d
isposal.

Public
Participation
Public
notice
and
involvement
are
required
under
the
Certificate
of
Designation
and
SMCRA
programs.
Citizen
suits
are
allowed.
COLORADO
State
CCW
Mine
Placement
Regulations
and
Policy
32
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
determ
ined
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
ground
water.

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
determ
ined
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.
State
CCW
Mine
Placement
Regulations
and
Policy
33
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
COLORADO:
Noncoal
Mines
As
with
coal
mines,
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
noncoal
mines.
There
is
currently
one
placement
project
in
a
gravel
pit.

CDMG
has
a
mining
regulatory
program
applicable
to
noncoal
mines
that
is
substantively
similar
to
the
SMCRA­
based
program
for
coal
mines
and
the
requirements
for
CCW
placement
in
noncoal
mines
are
implemented
similarly
to
those
described
for
coal
mines
(
see
the
Colorado
summary
profile
for
coal
mines,
found
above).

CDPHE
applies
the
same
requirements
to
CCW
placement
in
noncoal
mines
as
it
does
for
coal
mines.
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).
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.

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.
State
CCW
Mine
Placement
Regulations
and
Policy
34
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
State
CCW
Mine
Placement
Regulations
and
Policy
35
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
FLORIDA:
Noncoal
Mines
In
Florida,
the
placement
of
CCW
at
a
noncoal
mine
site
would
fall
under
the
sole
jurisdiction
of
Bureau
of
Solid
and
Hazardous
Waste
(
BSHW)
and
permitted
as
a
solid
waste
disposal
facility.
The
Bureau
of
Mine
Reclamation
(
BMR)
has
regulatory
authority
for
the
reclamation
of
mines
but
the
laws
of
the
State
of
Florida
do
not
provide
for
a
mining
permit.
An
operator
of
a
mine
must
provide
a
Notice
of
Mining
containing
a
reclamation
plan
to
BMR.
This
notice
is
not
a
permit
application
and,
in
most
cases,
it
is
not
officially
approved
by
BMR.
If
the
reclamation
plan
includes
the
use
of
the
mine
as
a
waste
disposal
facility,
the
statutes
and
rules
that
regulate
waste
disposal
facilities
would
take
precedence.

The
applicable
solid
waste
disposal
permit
requirements
are
as
follows:

°
Permit
term
of
5
years
°
Public
notice
and
comment
°
Contingency
plan
Performance
Standards
°
A
landfill
must
be
designed,
constructed,
operated,
maintained,
closed,
and
monitored
throughout
its
design
period
to
control
the
movement
of
waste
and
waste
constituents
into
the
environment
so
that
water
quality
standards
and
criteria
and
air
quality
standards
will
not
be
violated.

Location
°
Must
provide
adequate
structural
support
for
the
total
wastes
to
be
disposed
and
the
structures
to
be
built.
°
Can
not
be
located
in
the
100­
year
floodplain.
°
Minimum
of
100
feet
separation
between
waste
deposits
in
the
landfill
and
the
boundary
of
the
landfill
property.
°
Must
be
screened
from
public
view
where
possible.
°
The
zone
of
discharge
can
not
exceed
100
feet
from
the
edge
of
the
solid
waste
disposal
unit.

Design
°
Composite
or
double
liners
°
Leachate
collection
and
removal
system
°
Surface
water
management
system
State
CCW
Mine
Placement
Regulations
and
Policy
36
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
Site
Characterization
°
Direction
and
rate
of
ground
water
and
surface
water
flow
°
Background
quality
of
ground
water
and
surface
water
°
Topography,
solid
types
and
characteristics,
and
surface
water
drainage
systems
of
the
site
°
An
inventory
of
all
public
and
private
water
wells
within
a
1­
mile
radius
of
the
site
°
Geotechnical
site
investigation
<
Evaluate
and
address
fault
areas,
seismic
impact
zones,
and
unstable
areas
<
Estimate
the
average
and
maximum
high
ground­
water
table
across
the
site
Operation
°
Operation
plan
°
Waste
compaction
and
daily
application
of
cover
°
Storm
water
and
erosion
controls
°
Dust
controls
Water
Quality
Monitoring
°
Water
quality
monitoring
plan
describing
ground­
water
(
2
or
more
detection
wells
downgradient),
surface
water,
and
leachate
monitoring
systems
°
Sample
and
analyze
monitoring
wells
semi­
annually.
°
Evaluation
monitoring,
prevention
measures,
and
corrective
action
required
as
necessary.

Closure
°
Closure
design
plan
(
includes
a
description
of
any
proposed
final
use
of
the
site),
closure
operation
plan,
and
closure
procedures
°
Final
cover
within
180
days
afer
the
final
waste
deposit
°
Revegetation
Post­
closure
°
Long­
term
care
plan
for
30
years
from
date
of
closing
°
Continued
water
quality
monitoring
(
plan
may
be
modified)

Financial
Assurance
°
Financial
assurance
required
for
operation,
corrective
action,
closure,
and
long­
term
care
State
CCW
Mine
Placement
Regulations
and
Policy
37
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
References
Florida
Regulations:
Chapter
62­
701
et
seq.

Howard
J.
Hayes,
Environmental
Administrator,
Bureau
of
Mine
Reclamation
(
personal
communication,
12/
3/
01)

Richard
Tedder,
Administrator
of
the
Solid
Waste
Program,
Bureau
of
Solid
and
Hazardous
Waste
(
personal
communication,
11/
16/
01)
State
CCW
Mine
Placement
Regulations
and
Policy
38
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
GEORGIA:
Noncoal
Mines
Although
it
has
yet
to
occur
in
Georgia,
the
disposal
of
CCW
in
noncoal
mines
would
be
controlled
under
both
the
mining
and
solid
waste
regulations.
The
mining
and
solid
waste
programs
are
administered
together
out
of
one
office
 
the
Solid
Waste
Management
Program,
Georgia
Department
of
Natural
Resources.
The
disposal
of
CCW,
regulated
as
an
industrial
solid
waste,
in
a
noncoal
mine
would
require
a
solid
waste
permit
as
described
in
Regulation
of
Landfills
and
Surface
Impoundments
Managing
Coal
Combustion
Waste
in
26
States.
The
activity
would
also
have
to
be
covered
under
the
mining
permit,
requiring
a
minor
amendment
to
the
reclamation
plan.
A
solid
waste
permit
must
be
obtained
before
DNR
will
amend
the
mining
plan
to
allow
the
activity.

The
standards
and
criteria
included
in
the
mining
permit
regulations
are
as
follows:

°
Must
submit
a
Mining
Land
Use
Plan
with:
<
Provisions
for
protection
of
the
environment
and
resources
of
the
State
(
including
historic
places)
and
reclamation
of
affected
lands
in
a
reasonable
period
of
time.
<
A
specific
plan
of
action
for
accomplishing
the
reclamation
objective
and
for
protection
of
adjacent
watershed
from
the
effects
of
erosion
and
siltation.
<
Measures
for
protecting
the
health
and
welfare
of
the
people
from
the
adverse
effects
of
surface
mining.
<
Measures
to
provide
protective
barriers,
such
as
dams
and
berms,
between
the
lands
to
be
affected
and
the
waters
or
watersheds
involved.
<
A
plan
to
alleviate
and/
or
mitigate
any
adverse
effects
of
impacts
to
adjacent
lands
containing
natural
or
other
resources.
<
Grading
to
original
elevation
and
plane.
<
A
description
of
any
bodies
of
water
to
be
altered
in
course
or
relocated
<
A
location
map,
land
use
map,
and
aerial
photographs.
°
May
substitute
and
reclaim
a
previously
mined
site
for
lands
currently
being
mined
°
Final
acceptable
reclamation
will
be
in
conformance
with
Mining
Land
Use
Plan
and
result
in
a
neat,
clean
appearance
with
a
high
quality,
permanent
vegetative
cover.
°
Must
have
financial
assurance
in
the
form
of
a
performance
bond,
governmental
securities,
irrevocable
letter
of
credit,
or
cash.
Amount
required
is
between
$
1,000
and
2,500
per
acre,
to
be
determined
by
DNR.
Release
of
the
bond
is
contingent
upon
satisfactory
reclamation
in
conformance
with
the
Mining
Land
Use
Plan,
as
determined
by
DNR.
°
DNR
is
required
to
review
and
reevaluate,
every
five
years,
the
site
operation,
the
objectives
of
the
land
use
plan,
and
estimated
cost
factors
for
completion
of
the
plan
and
will
make
adjustments
to
bonding
amount
as
necessary.
State
CCW
Mine
Placement
Regulations
and
Policy
39
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
References
Georgia
Regulations:
Chapter
391­
3­
3
Georgia
Statute:
Sections
12­
4­
70
through
12­
4­
75
Harold
Gillespie,
Manager
of
the
Solid
Waste
Management
Program,
Land
Protection
Branch,
Environmental
Protection
Division,
Georgia
Department
of
Natural
Resources
(
personal
communication,
10/
30/
01)

Jeff
Cown,
Manager
of
the
Surface
Mining
Unit,
Solid
Waste
Management
Program,
Land
Protection
Branch,
Environmental
Protection
Division,
Georgia
Department
of
Natural
Resources
(
personal
communication,
11/
2/
01)
State
CCW
Mine
Placement
Regulations
and
Policy
40
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
ILLINOIS:
Coal
Mines
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.
State
CCW
Mine
Placement
Regulations
and
Policy
41
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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.
State
CCW
Mine
Placement
Regulations
and
Policy
42
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
co
ntrol.
°
Mine
sealing.
°
Mine
reclamation.

Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
To
be
classified
as
a
beneficial
use,
the
applicant
must
demonstrate
that
the
CCW
is
being
used
beneficially.

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

Siting
Restrictions
Substantively
similar
to
federal
SMCRA,
plus:
The
proposed
disposal
site
must
be
adjacent
to/
on
the
mine
site.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Reclamation
Plan
Substantively
similar
to
federal
SMCRA,
plus:
The
disposal
plan
proposal
must
include:
°
An
accurate
topographic
map
showing
the
proposed
limits
of
the
disposal
area.
°
A
detailed
description
of
the
storage,
handling,
and
placement
operations.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements,
plus:
Request
for
use
of
CCW
must
include:
°
A
description
of
the
CCW
including
the
type
and
its
source
and
an
estimate
of
the
quantity
to
be
used.
°
A
detailed
description
of
the
application
demonstrating
that
the
CCW
is
being
used
beneficially.
°
A
reclamation
plan
for
the
CCW
site.
Any
modifications
to
soil
grading,
covering
and/
or
amendment,
seeding
and
mulching
activities
related
specifically
to
the
application
area
shall
be
described.
ILLINOIS
Disposal
Beneficial
Use
State
CCW
Mine
Placement
Regulations
and
Policy
43
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
co
nstituents
noted
here,
plus
antimony,
beryllium,
and
thallium.
°
Evaluation
for
19
constituents
utilizing
ASTM
method
D3987­
85.

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
must
be
maintained
so
as
to
prevent
excessive
leaching
of
metal
ions.
If
co­
disposed
with
refuse
in
an
active
pit,
representative
mixtures
are
analyzed
and
the
composite
leachate
tests
should
have
a
pH
between
6
and
9.
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
app
lied
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
sam
pling
and
reporting
on
each
CCW
source
to
establish
baseline.
Once
baseline
waste
characteristics
are
consistently
estab
lished,
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.
May
be
required
on
a
case­
by­
case
basis,
depending
on
the
source
variability/
consistency
and
the
proposed
beneficial
use.

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
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
ILLINOIS
Disposal
Beneficial
Use
State
CCW
Mine
Placement
Regulations
and
Policy
44
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
by
waste
mixture
testing.

Performance
Standards
Must
demonstrate
adequate
measures
will
be
used
to
protect
surface
water
and
ground
water
from
contamination
at
levels
prohibited
by
the
Illinois
Environmental
Protection
Act
and
the
Illinois
G
round­
water
Pro
tection
Act.
Must
demonstrate
that
the
use
of
the
CCW
will
have
no
adverse
impacts
to
the
environment.

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,
co
rrective
action
requirements
will
app
ly.
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
fed
eral
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.
ILLINOIS
Disposal
Beneficial
Use
State
CCW
Mine
Placement
Regulations
and
Policy
45
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
Other
Closure/
Post­
closure
Requirements
Substantively
similar
to
federal
SMCRA,
plus:
For
either
disposal
or
beneficial
use,
final
cover
must
be
adequate
to
support
continuous
vegetation.
Generally,
this
is
four
feet
of
final
cover.
State
CCW
Mine
Placement
Regulations
and
Policy
46
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
ILLINOIS:
Noncoal
Mines
The
placement
of
CCW
in
noncoal
mines
has
yet
to
occur,
but
such
an
activity
would
be
controlled
under
Illinois'
mining
program
if
considered
a
beneficial
use
and
controlled
under
the
solid
waste
program
if
considered
disposal.
Illinois
statutorily
defines
CCW
placement
as
beneficial
use
when
used
for
mine
subsidence,
mine
fire
control,
mine
sealing,
and
mine
reclamation.
According
to
Ted
Dragovich,
Illinois
Environmental
Protection
Agency
(
ILEPA),
any
use
of
CCW
on
a
noncoal
mine
site
that
is
covered
by
a
permit
from
the
Mines
&
Minerals
Office
is
considered
a
beneficial
use
and
does
not
require
a
solid
waste
permit.
However,
if
the
use
is
not
covered
under
a
mining
permit,
the
use
is
considered
disposal
and
a
solid
waste
permit
is
required.
The
solid
waste
requirements
are
detailed
in
Regulation
of
Landfills
and
Surface
Impoundments
Managing
Coal
Combustion
Waste
in
26
States.
The
mining
requirements
and
beneficial
use
conditions
are
described
below.

A
surface
mining
permit
is
required
only
where:
°
Overburden
exceeds
ten
feet
in
depth,
or
°
Where
the
surface
mining
and
overburden
area
will
affect
more
than
10
acres
during
the
period
of
1
year
which
shall
be
measured
from
July
1
to
June
30
of
the
following
year.

A
surface
mining
permit
requires
the
following:
°
Public
notice
and
comment
°
Reclamation
<
Reclamation
planning
<
Reclamation
must
be
completed
within
11
months
after
June
30th
of
the
fiscal
year
in
which
the
mining
occurred
<
Grading
specifications
(
percentage
requirements
depends
on
original
contour
and
post­
mining
land
use)
<
All
runoff
water
must
be
impounded,
drained,
or
treated
so
as
to
reduce
soil
erosion,
damage
to
unmined
lands
and
the
pollution
of
streams
and
other
waters.
<
Acid
forming
materials
present
in
the
exposed
face
of
the
mined
mineral
seam(
s)
must
be
covered
with
not
less
than
4
feet
of
water
or
other
materials.
<
Suitable
vegetative
cover
<
Compliance
with
criteria
for
each
of
three
types
of
land
reclamation:
reforestation,
pasture
or
crop,
and
recreational
developments
°
Financial
assurance
<
The
amount
of
the
security
(
i.
e.,
surety
bond,
cash
account,
negotiable
government
securities,
irrevocable
letter
of
credit,
or
a
CD)
must
be
from
$
600
to
$
5,000
per
acre
with
the
exact
amount
determined
by
the
State.
State
CCW
Mine
Placement
Regulations
and
Policy
47
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
<
The
security
remains
in
effect
until
the
affected
lands
have
been
reclaimed,
approved,
and
released
by
the
State.
The
operator
must
complete
and
submit
the
"
Notice
of
Completed
Reclamation"
form.

When
CCW
is
beneficially
used,
as
noted
above,
on
a
mine
site
the
following
conditions
apply:
°
The
CCW
must
not
be
mixed
with
hazardous
waste
prior
to
use
°
The
CCW
must
not
exceed
Class
I
Ground­
water
Standards
for
metals
when
tested
using
test
method
ASTM
D3987­
85.
°
Users
of
CCW
must
provide
notification
to
the
State
documenting
the
quality
of
CCW
used
and
certification
of
compliance
with
the
two
conditions
above.
Notification
is
not
required
for
projects
using
less
than
100
tons
of
CCW.
°
Users
of
CCW
must
use
dust
controls
°
CCW
is
not
to
be
accumulated
speculatively
References
Illinois
Statutes:
415
ILCS
5/
3.94
(
9);
415
ILCS
5/
21(
r)

Illinois
Regulations:
62
Ill.
Adm.
Code
300.10
­
300.180
Larry
Crislip,
Mine
Pollution
Program,
Bureau
of
Water,
Illinois
Environmental
Protection
Agency
(
personal
communication,
11/
1/
01)

Ted
Dragovich,
Manager
of
Disposal
Alternatives
Unit,
Permits
Section,
Bureau
of
Land,
Illinois
Environmental
Protection
Agency
(
personal
communication,
11/
6/
01)

Chris
Liebman,
Manager
of
Solid
Waste
Unit,
Permits
Section,
Bureau
of
Land,
Illinois
Environmental
Protection
Agency
(
personal
communication,
11/
6/
01)
State
CCW
Mine
Placement
Regulations
and
Policy
48
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
INDIANA:
Coal
Mines
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.
However,
this
limitation
does
not
apply
to
the
oversight
of
mine
placement
of
CCW.
DNR­
RD
has
adopted
policy
that
specifically
details
how
its
SMCRA
program
requirements
apply
to
the
mine
placement
of
CCW
but
more
stringent
requirements
also
apply.

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
was
determined
that
due
to
lack
of
statewide
ground­
water
standards
that
would
be
part
of
the
rule,
it
did
not
attain
final
adoption.
The
Indiana
Department
of
Environmental
Management
(
DEM)
recently
adopted
groundwater
standards
but
implementation
by
DEM
has
yet
to
occur.
The
DNR­
RD
is
in
the
process
of
writing
rules
that
will
implement
the
DEM
ground­
water
standards
and
make
them
applicable
to
the
coal
combustion
waste
disposal
program.
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
(
DNR
Memorandum
99­
2)
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.
State
CCW
Mine
Placement
Regulations
and
Policy
49
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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.

Paul
Ehret,
Reclamation
Division,
Indiana
Department
of
Natural
Resources
(
written
comments
to
EPA,
1/
3/
02)
State
CCW
Mine
Placement
Regulations
and
Policy
50
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
INDIANA
Disposal
Beneficial
Use
Regulatory
Agency
Oversight
°
Indiana
Department
of
Natural
Resources,
Reclamation
Division
(
DNR­
RD)

Allowed
Uses
°
Disposal
in
active
surface
mines.
°
Mine
subsidence.
°
Mine
fire
co
ntrol.
°
Mine
sealing.
°
Road
base
°
Anti­
skid
material
Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
Any
activity
that
is
not
listed
in
DNR's
beneficial
use
policy
(
Memorandum
99­
2)
is
considered
dispo
sal.

Site
Characterization
Substantively
similar
to
federal
SMCRA,
plus:
A
minimum
of
six
months
of
baseline
monitoring
for
surface
and
ground
water
(
within
1,000
feet
of
the
permit
area)
is
required.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

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
critica
l
off­
site
features.
°
No
disposal
is
permitted
below
the
100
year
flood
elevation.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

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,
postmining
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.).
Substantively
similar
to
federal
SMCRA,
plus:
The
notification
must:
°
describe
the
use
so
that
DNR­
RD
can
determine
if
it
is
a
legitimate
beneficial
use
in
accordance
with
state
law.
°
describe
or
provide
a
map
of
the
area
in
which
CCW
is
to
be
utilized.
°
identify
the
estimated
proposed
volume
of
CCW
to
be
utilized.
°
provide
an
estimated
timetable
for
the
proposed
usage.
INDIANA
Disposal
Beneficial
Use
State
CCW
Mine
Placement
Regulations
and
Policy
51
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
°
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.
Not
required
(
as
per
federal
SMCRA).

Waste
Characteristic
Limits
Leach
test
concentrations
must
not
be
greater
than
onequarter
the
RCRA
limit.
None
specified
(
as
per
federal
SMCRA).

Address
Acid­
Base
Balance/
Acid
Mine
Drainage
While
acid
mine
drainage
is
not
problematic
at
permanent
program
sites,
there
are
requirem
ents
for
acid
base
accounting
results
to
be
reported
for
each
waste
stream
proposed
for
disposal
and
for
each
stratum
down
to,
and
including,
the
stratum
beneath
the
lowest
coal
seam
to
be
mined.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

State
Approval
Required
to
Proceed
Disposal
of
CCW
requires
a
significant
permit
revision,
with
full
public
notice
and
appeal
procedures.
Also,
notification
is
provided
to
each
landowner
within
the
proposed
permit
area
and
within
3
00
feet
outside
the
permit
area.
Written
notification
is
required,
but
no
permit
revision.
The
notifications
are
reviewed
and
if
they
are
determined
to
be
a
legitimate
b
eneficial
use,
a
written
acknowledgement
is
provided
to
the
permittee
within
fifteen
(
15)
days
of
receipt
of
the
notification.

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.
Not
required
(
as
per
federal
SMCRA).

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.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
INDIANA
Disposal
Beneficial
Use
State
CCW
Mine
Placement
Regulations
and
Policy
52
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
Also,
surface
water
monitoring
is
required
to
take
place
both
upstream
and
downstream
of
the
operation
during
and
after
placement
of
CCW
and
continues
until
total
bond
release.
The
monitoring
is
in
addition
to
NPDES
requirements.

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

Enforceable
Limits
The
Indiana
Department
of
Environmental
Management
has
recently
adopted
a
ground­
water
standards
rule.
T
his
rule
is
not
yet
in
effect.
The
DNR­
RD
is
currently
drafting
rules
to
implement
these
standards.
DNR­
RD's
rulemaking
will
make
the
ground­
water
standards
applicable
to
operations
disposing
of
coal
combustion
waste.
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:
°
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
do
not
allow
disposal
in
areas
that
would
require
a
liner.
DNR­
RD
maintains
that
in­
situ
fire
clays
almost
universally
meet
liner
equivalency
requirements.
°
CCW
volume
restrictions
can
be
incorporated
on
a
sitespecific
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,
cap
s,
co­
disposal
with
coal
processing
waste,
etc.).
Liners,
in
most
circumstances,
are
not
required.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
INDIANA
Disposal
Beneficial
Use
State
CCW
Mine
Placement
Regulations
and
Policy
53
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
°
Detailed
maps,
plans,
and
cross­
sections.
°
A
dust
control
plan.

Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
plus:
Monitoring
for
the
additional
parameters
continues
through
bond
release.
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.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
State
CCW
Mine
Placement
Regulations
and
Policy
54
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
INDIANA:
Noncoal
Mines
The
Indiana
Department
of
Environmental
Management
(
IDEM)
is
the
sole
permitting
authority
for
the
placement
of
CCW
on
noncoal
mine
sites.
CCW
placement
that
constitutes
disposal
is
regulated
as
a
restricted
waste
landfill.
Under
Indiana's
restricted
waste
regulations,
there
are
four
classifications
of
landfills.
Based
on
the
available
characterization
data,
most
coal
combustion
wastes
would
be
amenable
to
management
in
Type
III
or
IV
landfills.
Type
IV
landfills
do
not
require
a
permit
and
the
standards
applicable
to
such
landfills
are
limited
to
location
standards
and
fugitive
dust
controls.
Type
III
landfills
do
require
a
permit.
The
applicable
solid
waste
regulations,
found
at
329
IAC
10,
are
summarized
in
Regulation
of
Landfills
and
Surface
Impoundments
Managing
Coal
Combustion
Waste
in
26
States.

The
solid
waste
statutory
language,
under
IC
13­
19­
3­
3(
2),
also
allows
for
the
beneficial
use
of
CCW
for
mine
subsidence,
mine
fire
control,
and
mine
sealing.
Such
uses
do
not
require
a
solid
waste
permit
but
written
notification
must
be
provided
to
IDEM
prior
to
the
planned
use.

References
Indiana
Statute:
IC
13­
19­
3­
3(
2)

Indiana
Regulations:
329
IAC
10
Bruce
Palin,
Assistant
Commissioner,
Indiana
Department
of
Environmental
Management
(
personal
communication,
10/
21/
01)

Bruce
Stevens,
Director,
Reclamation
Division,
Indiana
Department
of
Natural
Resources
(
personal
communication,
10/
15/
01)
State
CCW
Mine
Placement
Regulations
and
Policy
55
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
IOWA:
Noncoal
Mines
The
Iowa
Department
of
Natural
Resources,
Land
Quality
and
Waste
Management
Assistance
Division
(
DNR)
is
the
sole
permitting
authority
for
the
disposal
of
coal
combustion
waste
in
noncoal
mines.
If
the
mine
is
in
operation,
the
Iowa
Department
of
Agriculture
and
Land
Stewardship,
Division
of
Soil
Conservation
(
IDALS)
would
be
responsible
for
the
operational
part
of
the
mine
(
i.
e.,
registering,
bonding,
erosion
controls,
final
grading
and
vegetation)
but
DNR
would
be
responsible
for
the
CCW
disposal.
According
to
IDALS,
they
would
want
to
confer
with
DNR
regarding
the
CCW
disposal
but
would
not
move
to
issue
any
type
of
joint
permit.

For
disposal,
DNR
requires
a
solid
waste
permit
as
detailed
in
Regulation
of
Landfills
and
Surface
Impoundments
Managing
Coal
Combustion
Waste
in
26
States.
If
CCW
is
used
for
fill
as
part
of
mine
reclamation,
however,
it
would
be
considered
beneficial
reuse
of
solid
waste
and
a
solid
waste
permit
would
not
be
required.
In
such
a
case,
the
generator
of
the
waste
must
have
a
solid
waste
reuse
plan
(
with
oversight
by
IDALS).

References
Kenneth
Tow,
Acting
Director,
Division
of
Soil
Conservation,
Iowa
Department
of
Agriculture
and
Land
Stewardship
(
personal
communication,
10/
15/
01)

Lavoy
Haage,
Solid
Waste
Permitting
Team
Leader,
Land
Quality
and
Waste
Management
Assistance
Division,
Iowa
Department
of
Natural
Resources
(
personal
communication,
10/
17/
01)
State
CCW
Mine
Placement
Regulations
and
Policy
56
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
KANSAS:
Coal
Mines
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)
State
CCW
Mine
Placement
Regulations
and
Policy
57
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
dispo
sal
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.
KANSAS
State
CCW
Mine
Placement
Regulations
and
Policy
58
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
dispo
sal
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
dispo
sal
permit.
State
CCW
Mine
Placement
Regulations
and
Policy
59
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
KANSAS:
Noncoal
Mines
The
Kansas
Department
of
Health
and
the
Environment's
Bureau
of
Waste
Management
(
KDHE)
is
the
sole
permitting
authority
for
the
placement
of
CCW
in
a
noncoal
mine.
The
Kansas
State
Conservation
Commission
is
responsible
for
issuing
mining
permits
and
overseeing
reclamation
activity
on
noncoal
mine
sites
but
delegates
responsibility
for
any
disposal
activity
to
KDHE.
KDHE's
solid
waste
permit
requirements
for
CCW
(
as
industrial
solid
wastes)
are
summarized
in
Regulation
of
Landfills
and
Surface
Impoundments
Managing
Coal
Combustion
Waste
in
26
States.
Currently,
there
is
placement
of
CCW
in
one
limestone
mine.

Reference
Dennis
Baker,
Land
Reclamation
Program
Manager,
State
Conservation
Commission
(
personal
communication,
10/
25/
01)
State
CCW
Mine
Placement
Regulations
and
Policy
60
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
KENTUCKY:
Coal
Mines
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.
State
CCW
Mine
Placement
Regulations
and
Policy
61
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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.
State
CCW
Mine
Placement
Regulations
and
Policy
62
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
KENTUCKY
Regulatory
Agency
Oversight
Kentucky
N
atural
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.
°
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.
°
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
p
otential
and
potential
acidity.
KENTUCKY
State
CCW
Mine
Placement
Regulations
and
Policy
63
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
Waste
Characteristic
Limits
°
Must
be
non­
hazardous
as
defined
by
KRS
Chapter
224
and
RCRA.
°
Must
demonstrate
that
the
CCW
does
not
co
ntain
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.
T
he
activity
is
also
covered
under
a
solid
waste
permit­
byrule
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.
°
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
KENTUCKY
State
CCW
Mine
Placement
Regulations
and
Policy
64
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
p
oint.

Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
plus:
°
Monitoring
for
the
add
itional
parameters
is
req
uired
until
final
bond
release.
°
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.
3
The
referenced
report
omits
mention
of
the
design
criteria
of
a
liner,
leachate
control
system,
and
run­
off
control
system
that
may
be
required
on
a
caseby
case
basis.

State
CCW
Mine
Placement
Regulations
and
Policy
65
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
KENTUCKY:
Noncoal
Mines
Kentucky's
Department
for
Environmental
Protection,
Division
of
Waste
Management
(
DWM)
has
sole
jurisdiction
over
the
disposal
of
CCW
in
noncoal
mines.
This
activity
would
fall
under
the
special
waste
landfill
permitting
program
as
detailed
in
Regulation
of
Landfills
and
Surface
Impoundments
Managing
Coal
Combustion
Waste
in
26
States3.

References
Ron
Gruzesky,
Manager,
Solid
Waste
Branch,
Division
of
Waste
Management,
Kentucky
Department
of
Environmental
Protection
(
personal
communication,
10/
16/
01)

Carol
Ball,
Kentucky
Department
for
Surface
Mining,
Reclamation
and
Enforcement
(
personal
communication,
10/
16/
01)
State
CCW
Mine
Placement
Regulations
and
Policy
66
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
LOUISIANA:
Coal
Mines
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)
4
For
aggregate
mine
reclamation:
In
locations
where
there
may
be
a
threat
to
water
quality,
an
NPDES
or
State
permit
to
protect
ground
water
may
be
necessary.

State
CCW
Mine
Placement
Regulations
and
Policy
67
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
MARYLAND:
Coal
Mines
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
permit4,
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.
State
CCW
Mine
Placement
Regulations
and
Policy
68
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
References
Maryland
Statutes:
MD
ANN.
CODE
15­
407
Maryland
Regulations:
COMAR
26.04.07.04(
C)(
7);
COMAR
26.20.01
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.
State
CCW
Mine
Placement
Regulations
and
Policy
69
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
MARYLAND
Regulatory
Agency
Oversight
Maryland
Department
of
the
Environment:
°
Bureau
of
Mines,
Coal
M
ining
Division
(
coal
mines)
°
Bureau
of
Mines,
Minerals,
Oil,
and
Gas
D
ivision
(
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
ground
water
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.

Address
Acid­
Base
Balance/
Acid
Mine
Drainage
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
MARYLAND
State
CCW
Mine
Placement
Regulations
and
Policy
70
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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.
State
CCW
Mine
Placement
Regulations
and
Policy
71
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
MARYLAND:
Noncoal
Mines
As
with
coal
mines,
the
Maryland
Department
of
the
Environment
(
MDE),
Bureau
of
Mines
has
sole
jurisdiction
over
the
use/
minefilling
of
CCW
on
noncoal
(
aggregate)
mine
sites.
CCWs
are
currently
being
used
for
reclamation
activity
at
two
aggregate
mines.
MDE
regulates
the
activity
through
the
aggregate
mine's
mining
and
reclamation
permit,
NPDES
permit
(
through
the
required
pollution
prevention
plan),
and
CCW­
specific
policy.
MDE's
policy
guidelines
for
the
use
of
CCW
for
aggregate
mine
reclamation
are
currently
unwritten,
internal
guidelines
but
are
similar
to
the
1997
Ash
Utilization/
Disposal
Requests
policy
guidelines
applicable
to
coal
mines
(
detailed
above
in
Maryland's
summary
profile
for
coal
mines).
Some
policy
considerations
include:

°
Location
(
placement
must
occur
at
least
4
feet
above
the
ground­
water
table),
°
Ground­
water
monitoring,
°
Reclamation
plan,
°
Waste
characterization,
°
Waste
characteristic
limits,
and
°
Closure
requirements.

The
mining
and
reclamation
permit
regulations
for
aggregate
mines
require
the
following:

Setback
Requirements
°
At
least
25
feet
from
any
property
line,
but
a
greater
distance
may
be
required
if
adjacent
to
any
school,
hospital,
church,
cemetery,
river,
stream,
or
similar
area.
°
At
least
100
feet
from
scenic
and
wild
rivers
or
any
parcel
of
land
designated
as
an
area
of
critical
State
concern.

Reclamation
Plan
and
Schedule
°
Completion
within
two
years
of
final
mineral
extraction
(
extensions
may
be
requested)
°
Grading
and
sediment
control
plan
°
Backfilling
and
grading
<
Compaction
of
the
fill
materials
in
conformance
with
good
engineering
practices,
if
the
post­
mining
land
use
includes
roads,
building
sites,
or
other
improvements
<
Proper
final
slope
gradient
°
Revegetate
all
affected
areas
State
CCW
Mine
Placement
Regulations
and
Policy
72
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
Financial
Assurance
°
Liability
under
the
bond
is
for
the
duration
of
the
mining
permit
and
for
a
period
of
5
years
after
the
permit's
expiration
date.
°
The
bond
may
be
released
before
the
time
specified
above
if
the
State
determines
that
the
reclamation
has
been
completed
in
accordance
with
the
permit,
the
approved
mining
and
reclamation
plan,
and
the
topographic
map.
°
The
State
may
make
partial
release
of
the
bond
in
proportion
to
the
amount
of
land
reclaimed.
The
regulations
specify
the
reclamation
conditions
that
must
be
met
for
partial
release.

In
addition
to
the
mining
and
reclamation
permit
and
the
CCW
mine
placement
policy,
MDE's
Solid
Waste
Program
has
guidelines
for
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.

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)

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

Ed
Larrimore,
Mining
Program,
Maryland
Department
of
the
Environment
(
personal
communication,
2/
11/
01)
State
CCW
Mine
Placement
Regulations
and
Policy
73
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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.
State
CCW
Mine
Placement
Regulations
and
Policy
74
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
MASSACHUSETTS:
Noncoal
Mines
In
Massachusetts,
CCW
placement
in
noncoal
mines
is
under
the
sole
jurisdiction
of
the
Massachusetts
Department
of
Environmental
Protection
(
DEP).
However,
Massachusetts
law
at
M.
G.
L.
111,
Section
150A,
exempts
the
beneficial
use
of
CCW
as
fill
from
solid
waste
permitting
and
other
regulatory
requirements.
All
CCW
placement
in
noncoal
mines
in
Massachusetts
to
date
has
occurred
under
this
provision.
However,
a
bill
is
pending
that
will
preclude
the
use
of
CCW
as
fill
without
getting
a
permit
and
will
require
a
permit
for
all
CCW
disposal.
According
to
Paul
Emond,
DEP,
the
bill
will
likely
be
passed
but
DEP
will
retain
the
authority
to
waive
some
requirements
on
a
single­
waste
landfill
on
a
case­
by­
case
basis.

References
Massachusetts
Statute:
M.
G.
L.
111,
Section
150A
Paul
Emond,
Solid
Waste
Program,
Massachusetts
Department
of
Environmental
Protection
(
personal
communication,
10/
15/
01)
State
CCW
Mine
Placement
Regulations
and
Policy
75
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
MICHIGAN:
Noncoal
Mines
There
is
currently
CCW
placement
in
one
limestone
mine
in
Michigan.
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.
The
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:
°
Must
include
topographic
maps,
and
documentation
of
landowner
authorization.
°
Must
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:
°
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.
°
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.

Waste
characterization
and
waste
characteristic
limits:
°
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
one
of
the
following
criteria:
(
1)
the
background
concentration
of
the
substance(
s)
in
State
CCW
Mine
Placement
Regulations
and
Policy
76
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
ground
water
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.

Closure
requirements:
°
Closure
plan
required,
including
overall
description
of
the
methods,
procedures,
processes,
and
schedule
that
will
be
used;
and
description
of
final
cover,
including
engineering
plans
and
specifications.
°
Restrictive
covenant.
°
Restrictions
on
post­
closure
use.

References
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)
State
CCW
Mine
Placement
Regulations
and
Policy
77
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
MINNESOTA:
Noncoal
Mines
In
Minnesota,
CCW
placement
on
noncoal
mines
has
yet
to
occur.
If
it
were
to
occur,
the
Minnesota
Pollution
Control
Agency
(
MPCA)
would
be
the
lead
permitting
authority
and
a
solid
waste
disposal
permit
would
be
required.
The
solid
waste
regulations
for
disposal
of
municipal
solid
waste
combustor
ash
would
be
applied
to
the
CCW
activity.
The
applicable
regulations
are
outlined
below.
According
to
Jim
Chiles
(
MPCA),
however,
the
State's
noncoal
mines
would
most
likely
not
ever
be
used
for
disposal.

A
solid
waste
permit
for
CCW
mine
placement
would
require:

°
Public
notice
and
comment
Location
°
Not
in
a
floodplain
°
Not
within
a
shoreland
or
wild
and
scenic
river
land
use
district
°
Not
within
a
wetland
°
Not
within
a
location
where
emissions
of
air
pollutants
would
violate
the
ambient
air
quality
standards
°
Must
be
in
an
area
where
the
topography,
geology,
and
ground­
water
conditions
allow
the
facility
to
be
designed,
operated,
constructed,
ad
maintained
in
a
manner
that
minimizes
environmental
impacts
°
Must
be
in
an
area
where
it
is
feasible
to
construct
a
monitoring
system
and
where
pollutants
can
be
contained
and
corrective
actions.

Design.
Must
include:
°
A
liner
system.
Liner
standards
depend
on
waste
analysis
leach
results.
°
A
leachate
collection
and
treatment
system
°
A
water
monitoring
system.
Required
for
ground
water,
on
a
case­
by­
case
basis
for
surface
water.

Waste
Characterization
°
Must
sample
at
least
quarterly
for
a
set
of
parameters
and
annually
for
a
second
set
of
parameters
°
The
samples
must
be
analyzed
for
total
composition,
leaching
potential,
and
physical
characteristics
(
includes
EPA
Methods
1311
and
1312
leach
tests)
°
Must
comply
with
specified
maximum
leachable
contaminant
levels
State
CCW
Mine
Placement
Regulations
and
Policy
78
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
Facility
Operation
°
Intermittent
cover
(
at
least
once
every
48
hours)
°
Fugitive
dust
controls
°
Ash
must
be
spread
and
compacted
in
layers
which
are
one
foot
or
less
in
depth
before
compaction.
°
Leachate
must
be
sampled
and
analyzed.
°
Ground
water
must
be
sampled
and
analyzed.
°
Surface
water
is
to
be
sampled
and
analyzed
on
a
case­
by­
case
basis.
°
If
necessary,
corrective
actions
must
be
taken
to
prevent
adverse
impacts
on
water
supplies
and
to
return
the
facility
to
compliance
with
ground­
water
and
surface
water
quality
standards.

Closure
°
Closure
of
each
fill
phase
must
be
started
within
30
days
of
reaching
final
permitted
waste
elevations.
°
Final
cover
consisting
of
a
barrier
layer,
a
drainage
layer,
and
a
top
revegetated
layer.
°
Submit
a
closure
certification.
The
certification
must
contain:
a
completed
and
signed
Site
Closure
Record
and
as­
built
plans
showing
changes
from
the
original
design
plans;
testing
results
indicating
compliance
with
final
cover,
waste
removal,
equipment
decontamination,
and
other
closure
requirements;
and
other
forms
of
documentation
such
as
pictures
showing
the
construction
techniques
used
during
closure
Post­
closure
°
Post­
closure
care
must
continue
for
at
least
20
years
after
the
date
of
completing
closure.
°
Maintain
the
integrity
of
the
final
cover.
Prevent
run­
on
and
run­
off
from
damaging
the
cover.
°
Continue
to
operate
the
leachate
collection
and
removal
system
°
Continue
to
monitor
Financial
Assurance
°
Required
for
closure
and
post­
closure
care
and
any
corrective
action.
°
Can
use
trust
fund,
surety
bond,
letter
of
credit,
or
self­
insurance
References
State
CCW
Mine
Placement
Regulations
and
Policy
79
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
Minnesota
Regulations:
Chapter
3035,
sections
0300,
2555,
2625,
2635,
2645,
2655,
2695,
2815,
2885,
and
2910
Jim
Chiles,
Solid
Waste
Division,
Minnesota
Pollution
Control
Agency
(
personal
communication,
10/
23/
01)

Arlo
Knoll,
Mineland
Reclamation,
Lands
and
Minerals
Division,
Minnesota
Department
of
Natural
Resources
(
personal
communication,
10/
22/
01)
State
CCW
Mine
Placement
Regulations
and
Policy
80
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
MISSOURI:
Coal
Mines
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
noncoal
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.

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
(
both
pre­
placement
and
during
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
noncoal,
non­
open­
pit
mining
operation
located
in
a
city
having
a
population
of
at
least
three
hundred
fifty
thousand
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).
State
CCW
Mine
Placement
Regulations
and
Policy
81
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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,
and
written
comments
to
EPA,
2/
14/
02)

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.
State
CCW
Mine
Placement
Regulations
and
Policy
82
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
SWM
P
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,
plus:
CCW
must
be
placed
above
the
seasonal
high
ground­
water
table
unless
a
variance
is
obtained.

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
ground­
water
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.
MISSOURI
State
CCW
Mine
Placement
Regulations
and
Policy
83
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
Public
Participation
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

During
Placement
Ongoing
Waste
Characterization
Quarterly
TCLP
test
of
each
CCW
source
(
and
TCLP
test
run
whenever
power
plant
changes
fuel
source
or
other
conditions
that
may
affect
the
quality
of
CCW).

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
dispo
sal
(
including
compaction,
dust
control,
and
erosion
control)
and
procedures
for
any
complications
that
may
arise.
°
CCW
must
be
placed
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.
State
CCW
Mine
Placement
Regulations
and
Policy
84
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
MISSOURI:
Noncoal
Mines
As
with
coal
mines,
the
Missouri
Department
of
Natural
Resources
Land
Reclamation
Program
(
LRP)
regulates
placement
of
CCW
in
noncoal
mines
only
when
the
Solid
Waste
Management
Program
(
SWMP)
grants
a
beneficial
use/
reclamation
exemption.
The
placement
of
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.

In
the
case
of
beneficial
use
of
CCW,
the
State
noncoal
mine
regulations
apply
and
a
major
revision
of
the
mining
and
reclamation
permit
would
be
required.
The
noncoal
mine
regulations
are
similar
to
the
Federal
SMCRA
regulations
for
coal
mines,
except
there
is
no
site
characterization
or
water
monitoring.
In
addition,
the
LRP
cannot
require
testing
for
CCW
solutes
at
noncoal
mine
operations.
The
factors
addressed
by
the
LRP
in
amending
the
noncoal
mine
permit
to
account
for
CCW
placement
are
detailed
in
the
Missouri
summary
profile
for
coal
mines,
found
above.
The
summary
profile
for
coal
mines,
therefore,
also
describes
the
SWMP's
beneficial
use
requirements
as
they
pertain
to
CCW
placement
in
noncoal
mines.

Where
a
beneficial
use
exemption
is
not
granted,
a
solid
waste
disposal
permit
is
required
and
the
SWMP
has
sole
jurisdiction
over
the
activity.
The
report
entitled
Regulation
of
Landfills
and
Surface
Impoundments
Managing
Coal
Combustion
Waste
in
26
States
details
the
solid
waste
disposal
requirements
for
CCW
mine
placement
References
Missouri
Statutes:
RSMo
16­
260.242
Missouri
Regulations:
10
CSR
40­
10
et
seq.;
10
CSR
80­
2.020(
9)

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.
State
CCW
Mine
Placement
Regulations
and
Policy
85
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
MONTANA:
Coal
Mines
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)
State
CCW
Mine
Placement
Regulations
and
Policy
86
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
dispo
sal
procedures,
the
hydrological
means,
and
the
chemical
and
physical
analyses
that
will
be
conducted
to
demonstrate
that
will
not
adversely
affect
water
quality,
pub
lic
health
o
r
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
o
r
the
hydrologic
balance
on
or
off
of
the
permitted
area.

Public
Participation
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
MONTANA
State
CCW
Mine
Placement
Regulations
and
Policy
87
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
ground
water
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
off­
site
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.
MONTANA
State
CCW
Mine
Placement
Regulations
and
Policy
88
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
plus:
Expanded
ground­
water
monitoring,
if
required,
must
continue
until
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.
5
except
uranium
which
must
met
the
same
requirements
as
coal.

State
CCW
Mine
Placement
Regulations
and
Policy
89
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
MONTANA:
Noncoal
Mines
In
Montana,
CCW
disposal
is
currently
taking
place
at
one
limestone
mine.
Unlike
coal
mines,
the
placement
of
CCW
in
a
noncoal
mine
falls
under
the
shared
jurisdiction
of
the
mining
programs
and
solid
waste
program.

Under
the
mining
program,
regulation
of
noncoal
mines
is
divided
into
two
mining
programs:
Opencut
(
includes
sand,
gravel,
bentonite,
clay,
scoria,
soil
materials,
and
peat)
and
Hard
Rock
(
includes
all
other
non­
opencut
minerals5).
Each
mining
program
requires
a
permit
mandating
a
reclamation
plan.
The
reclamation
plan
would
need
to
address
any
CCW
placement
taking
place
on
the
mine
site
but
the
regulations
do
not
include
any
special
conditions.
According
to
internal
policy,
the
focus
of
a
decision
to
allow
CCW
placement
would
be
on
protection
of
hydrologic
resources,
the
reclaimed
vegetation,
and
the
post­
mining
land
use.
The
main
elements
of
these
noncoal
mine
programs
are
described
below.

In
addition
to
mining
permit
coverage,
CCW
placement
requires
coverage
under
a
solid
waste
disposal
permit.
The
applicable
elements
of
the
solid
waste
program
are
also
included
below,
assuming
the
classification
of
CCW
as
Waste
Group
II
and
the
classification
of
the
noncoal
mine
as
a
Class
II
landfill.
Montana
has
three
solid
waste
groups
(
none
include
hazardous
wastes):
Group
II
wastes
include
decomposable
wastes
and
mixed
solid
wastes
(
e.
g.,
municipal
and
household
solid
wastes,
commercial
and
industrial
solid
wastes
such
as
ashes);
Group
III
wastes
include
wood
wastes
and
non­
water
soluble
solids
(
e.
g.,
dirt,
rock,
brush,
industrial
mineral
wastes);
and
Group
IV
wastes
include
construction
and
demolition
wastes
and
asphalt.
The
disposal
facilities
are
similarly
classified
with
a
Class
II
landfill
being
able
to
accept
Group
II,
Group
III,
and
Group
IV
wastes.
Class
III
landfills
may
accept
only
Group
III
wastes,
but
Class
IV
landfills
may
accept
both
Group
III
and
Group
IV
wastes.

The
Opencut
mining
regulations
require
the
following:

Site
Information
°
A
map
identifying
areas
to
be
disturbed,
topographic
features,
boundaries
of
proposed
reclamation,
waterways
and
wells,
future
locations
of
stockpiles
and
disposal
sites
°
Narrative
of
the
pre­
existing
condition,
including
land
use,
estimated
depth
of
water
table,
description
of
surface
water
features
or
wells,
dominant
vegetation,
and
any
significant
use
by
wildlife
°
May
require
a
standard
soil
survey
of
the
proposed
mine
site
State
CCW
Mine
Placement
Regulations
and
Policy
90
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
Mining
and
Reclamation
Plan
°
Designation
of
a
postmining
land
use
that
is
in
conformance
with
local
zoning
°
Description
of
structures
to
control
flooding,
sedimentation,
or
erosion
°
Appropriate
measures
to
protect
surface
water
and
ground
water
from
deterioration
of
water
quality
or
quantity
from
mining
and
reclamation
activities.
Data
may
be
required
regarding
water
quality
and
quality
before,
during,
and
after
mining.
°
Description
of
post­
mining
topography
and
the
methods
that
will
be
used
to
achieve
contours.
Surfaces
must
be
at
least
3
feet
above
the
seasonal
water
table.
°
A
disposal
plan
that
requires
a
cap
of
at
least
3
feet
of
suitable
plant
growth
material,
disposal
in
accordance
to
solid
waste
rules,
and
placement
in
an
area
where
it
could
not
be
encountered
by
future
mining
operations.
The
disposal
of
waste
not
generated
on
site
must
be
approved
by
the
State.
°
A
revegetation
plan,
if
the
postmining
land
use
requires
it
°
A
statement
that
reclamation
will
be
completed
within
1
calendar
year
after
mining
operations
have
ceased
Financial
Assurance
°
For
operations
and
reclamation
(
at
least
$
200/
acre
of
disturbed
land)

The
Hard
Rock
mining
regulations
require
the
following:

°
Notice
and
comment
on
the
new
permit
and
major
amendments
Reclamation
Plan
°
The
mining
area
must
be
reclaimed
for
one
or
more
uses
specified
in
the
regulations.
The
areas
does
not
need
to
be
reclaimed
to
a
better
condition
or
a
different
use
than
pre­
existing.
°
Describe
proposed
topography
of
reclaimed
land
°
Establish
vegetative
cover
commensurate
with
the
proposed
post­
mining
land
use
°
Provisions
for
construction
of
devices
to
control
water
drainage
if
there
is
a
need
to
prevent
acid
drainage
or
sedimentation
°
Must
comply
with
all
applicable
laws
regarding
solid
waste
disposal.
All
refuse
must
be
disposed
of
in
a
manner
that
will
prevent
water
pollution
or
deleterious
effects
upon
the
revegetation
efforts.
°
All
final
grading
must
be
made
with
non­
noxious,
nonflammable,
noncombustable
solids
unless
approval
has
been
granted
for
a
supervised
sanitary
fill
°
Install
controls
to
reduce
or
prevent
siltation,
erosion
or
other
water
pollution
damage
to
streams
and
natural
water
courses
State
CCW
Mine
Placement
Regulations
and
Policy
91
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
°
Dust
and
airborne
detritus
controls
°
Reclamation
must
be
concurrent
with
mining
operations
and
completed
within
a
specified
reasonable
amount
of
time
°
Inspections
at
least
once
per
year
Financial
Assurance
°
Amount
determined
by
the
State
The
solid
waste
landfill
regulations
require
the
following:

Location
Restrictions
°
Not
within
a
100
year
floodplain
°
Only
in
areas
which
will
prevent
the
pollution
of
ground
and
surface
waters
and
public
and
private
water
supply
systems
°
Not
where
geological
formations
contain
rock
fractures
or
fissures
which
may
lead
to
pollution
of
the
ground
water
°
Must
be
located
to
allow
reclamation
and
reuse
of
the
land
°
Not
within
wetlands
°
Not
within
200
feet
of
a
fault
°
Not
within
seismic
impact
zones
or
unstable
areas
Design
Requirements
°
Drainage
structures
must
be
installed
°
Adequate
separation
of
waste
from
underlying
or
adjacent
water
must
be
provided,
the
extent
of
which
to
be
decided
on
a
case­
bycase
basis
°
Designed
to
ensure
that
concentration
values
for
parameters
will
not
be
exceeded
in
the
uppermost
aquifer
°
Composite
liner
(
30­
mil
flexible
membrane
liner
and
2
foot
layer
of
compact
soil,
with
hydraulic
conductivity
no
more
than
1x10­
7
cm/
sec)
°
Leachate
collection
system
°
Must
be
designed,
constructed,
and
operated
in
a
manner
to
prevent
harm
to
human
health
and
the
environment
Operation
and
Maintenance
Plan
°
Reclamation
plan
°
Ground­
water
monitoring
plan
°
Disposal
areas
must
be
controlled
by
supervision,
fencing,
signs
or
similar
means
as
approved
State
CCW
Mine
Placement
Regulations
and
Policy
92
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
°
Daily
compaction
and
cover
(
6
inches)

Closure
°
Final
cover
with
minimum
of
18
inches
earthen
material
°
Seed
bed
layer
with
a
minimum
of
5
inches
of
earthen
material
°
Revegetation
of
final
cover
within
1
year
Post­
closure
°
Period
of
30
years
°
Continue
ground­
water
monitoring
°
Post­
closure
land
uses
must
not
disturb
the
integrity
of
the
final
cover,
liners,
or
the
function
of
the
monitoring
systems
°
Financial
assurance
for
operations,
closure,
and
post­
closure
care
References
Montana
Regulations:
ARM
17.50.501­
540;
ARM
17.24.201­
215;
ARM
17.24.101,
115­
146
Neil
Harrington,
Coal
and
Uranium
Program,
Industrial
and
Energy
Minerals
Bureau
(
personal
communication,
10/
22/
01)

Warren
McCullough,
Chief,
Environmental
Management
Bureau
(
personal
communication,
10/
23/
01)

Ricknold
Thompson,
Waste
Management
Section
Supervisor,
Community
Services
Bureau
(
personal
communication,
11/
2/
01)
State
CCW
Mine
Placement
Regulations
and
Policy
93
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
NEBRASKA:
Noncoal
Mines
In
Nebraska,
CCW
placement
in
a
noncoal
mine
has
yet
to
occur,
although
the
State
has
recently
responded
to
a
proposal
to
allow
CCW
in
a
limestone
quarry.
If
it
were
to
occur,
the
Nebraska
Department
of
Environmental
Quality,
Waste
Management
Section
(
NDEQ)
would
have
oversight
of
the
activity.
DEP
has
issued
policy
regarding
alternative
uses
of
CCW
which
allows
for
use
as
structural
fill
and
provides
an
evaluation
process
for
non­
specified
uses,
such
as
disposal.
The
policy
outlines
the
following
criteria
to
be
used
by
DEP
to
review
utilization
requests
on
a
case­
by­
case
basis:

°
Is
the
material
classified
as
hazardous
waste
or
held
to
other
regulatory
standards?
°
Is
the
materials
contaminated
with
other
wastes?
°
Does
the
material
pose
a
potential
threat
to
human
health
or
the
environment?
°
Does
the
end
use
of
the
material
constitute
disposal?

Regarding
the
last
question,
the
policy
states
"
For
those
materials
in
which
it
has
been
demonstrated
that
the
constituents
of
concern
are
below
established
MCLs,
maximum
contaminant
level
goals
or
other
recognized
published
data,
the
Department
will
then
evaluate
the
acceptability
of
the
proposed
use
of
the
material
in
light
of
those
applications
in
which
the
ultimate
end
use
may
constitute
disposal."

According
to
Morgan
Leibrandt,
NDEQ,
the
review
of
a
proposal
for
CCW
mine
placement
would
likely
include
an
assessment
of
the
fate
of
the
CCW
once
in
place
and
its
geotechnical
properties,
which
would
require
an
analysis
of
the
CCW
and
an
engineering
study
of
its
suitability
as
a
fill
material.

References
NDEQ
Policy
WAS005:
Alternative
Use
of
Coal
Combustion
By­
Products.
October
1995
(
revised
July
18,
1997).

Morgan
Leibrandt,
Compliance
Unit
Supervisor,
Waste
Management
Section,
Nebraska
Department
of
Environmental
Quality
(
personal
communication,
10/
22/
01)
State
CCW
Mine
Placement
Regulations
and
Policy
94
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
NEW
MEXICO:
Coal
Mines
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)
State
CCW
Mine
Placement
Regulations
and
Policy
95
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
NEW
MEXICO
Regulatory
Agency
Oversight
New
Mexico
Department
of
Energy,
M
inerals,
and
Natural
Resources,
D
ivision
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).

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.
NEW
MEXICO
State
CCW
Mine
Placement
Regulations
and
Policy
96
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
add
ition
to
topsoil
material.
6
These
include:
in
the
manufacture
of
roofing
shingles
or
asphalt
products;
as
a
traction
agent
on
roadways,
parking
lots
and
other
driving
surfaces;
as
an
ingredient
to
produce
light
weight
block,
light
weight
aggregate,
low
strength
backfill
material,
manufactured
gypsum
or
manufactured
calcium
chloride;
as
a
cement
or
aggregate
substitute
in
concrete
or
concrete
products;
as
raw
feed
in
the
manufacture
of
cement;
and
as
structural
fill
within
building
foundations
when
placed
above
the
seasonal
high
groundwater
table.

State
CCW
Mine
Placement
Regulations
and
Policy
97
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
NEW
YORK:
Noncoal
Mines
In
New
York,
mine
placement
of
CCW
is
regulated
jointly
by
two
divisions
within
the
New
York
Department
of
Environmental
Conservation,
the
Division
of
Solid
Waste
and
the
Division
of
Mineral
Resources.
Mine
placement
of
CCW
currently
is
occurring
at
only
one
mine
site,
an
old
sand
and
gravel
quarry
(
New
York
does
not
have
any
coal
mines),
and
involves
fly
ash
exclusively.
The
site
is
operating
under
an
RD&
D
permit
from
the
Division
of
Solid
Waste
and
a
mining
permit
from
the
Division
of
Mineral
Resources.
New
York
anticipates
that
any
future
projects
would
be
required
to
also
obtain
permits
from
both
divisions.
From
the
Division
of
Mineral
Resources,
a
mining
permit
amendment
would
be
necessary
if
CCW
placement
was
not
part
of
the
original
reclamation
plan.
The
Division
of
Solid
Waste
may
issue
a
beneficial
use
permit.
Beneficial
use
permit
requirements
have
been
established
for
certain
CCW
uses,
6
but
mine
placement
is
not
one
of
these,
so
approval
of
this
use
would
be
on
a
case­
by­
case
basis.

The
requirements/
policies
for
mine
placement
of
CCW
are
determined
on
a
case­
by­
case
basis
and
are
site­
specific
in
the
solid
waste
and
mining
permits.
The
general
mine
placement
requirements
and
those
for
the
current
project
are
outlined
below.

Site
characterization
°
Site
characterization
is
required
as
a
part
of
the
original
mining
permit
and
must
include
the
geographic
location
of
the
mine;
the
location
and
description
of
topographic,
cultural,
and
land­
use
features
within
and
adjacent
to
the
affected
land;
and
a
description
of
the
existing
condition
of
the
ground
surface
at
the
mine
including
areas
already
mined
or
disturbed
by
mining
activity.
°
Consideration
of
the
site
hydrology
is
also
required
as
part
of
the
original
mining
permit
and,
on
a
case­
by­
case
basis,
may
have
to
specifically
address
the
use
of
CCW.
°
The
need
for
background
ground­
water
and
surface
water
monitoring
data
is
determined
on
a
case­
by­
case
basis.

Siting
restrictions
°
The
criteria
for
accepting/
rejecting
a
site
are
determined
on
a
case­
by­
case
basis.

Reclamation
plan
°
A
reclamation
plan
is
required
as
part
of
the
original
mining
permit
application
and
must
address
the
CCW
placement.
State
CCW
Mine
Placement
Regulations
and
Policy
98
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
°
The
reclamation
plan
must
include
the
applicant's
proposed
land­
use
objective,
the
proposed
method
of
reclaiming
affected
land,
and
a
schedule
for
reclaiming
the
affected
land.
°
The
site
must
meet
grade
requirements
and
compressive
strength
requirements.

Waste
characterization
&
limits
°
Waste
characterization
must
be
conducted
both
pre­
placement
and
during
placement
on
a
quarterly
basis
using
the
SPLP
and
total
metals
methods.
The
State
has
not
assigned
numerical
acceptance
criteria
for
the
single
existing
site.
However,
the
facility
itself
has
established
internal
criteria.

Ground­
water
and
surface
water
monitoring
°
Groundwater
and
surface
water
monitoring
is
required
during
placement
for
metals
and
routine
field
parameters.
The
number
of
wells
and
frequency
of
monitoring
are
determined
on
a
case­
by­
case
basis.
For
CCW
placement,
ground
water
sampling
wells
must
be
located
down­
gradient
and
in
proximity
to
the
disturbed
area.
°
The
New
York
State
ground­
water
and
surface
water
quality
standards
must
be
met
(
specified
at
6
NYCRR
703)
°
Groundwater
and
surface
water
monitoring
after
placement
is
determined
on
a
case­
by­
case
basis,
although
generally
ash
landfills
are
required
to
submit
at
least
five
years
of
post­
closure
monitoring
data.
°
Groundwater
and
surface
water
monitoring
can
be
discontinued
once
the
post­
closure
requirements
are
met.

Operational
requirements/
placement
engineering
°
Placement
into
the
water
table
is
not
allowed
under
current
beneficial
use
determinations.
For
RD&
D
permits,
placement
would
be
determined
on
a
case­
by­
case
basis.
°
Placement
into
mine
pools
is
allowed.
°
Liners
are
not
currently
required.
°
Leachate
collection
systems
are
not
required.
°
Waste
conditioning
is
required
using
moisture
addition.
°
Fugitive
dust
controls
are
required.

Closure
and
post­
closure
requirements
°
Closure
and
post­
closure
plans
addressing
the
CCW
placement
are
required
for
current
site.
°
Closure
requirements
are
determined
on
a
case­
by­
case
basis.
The
requirements
for
the
current
site
include:
final
closure
and
capping
of
this
project
must
occur
within
90
days
of
the
earliest
of
the
dates
listed
within
the
permit,
except
that
a
vegetative
cover
must
be
established
within
180
days;
and
capping
shall
consist
of
18
inches
of
compacted
soils
overlain
by
6
inches
of
topsoil,
State
CCW
Mine
Placement
Regulations
and
Policy
99
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
graded
to
a
minimum
slope
of
2%,
followed
by
the
establishment
of
an
appropriate
cover
crop.
This
cap
shall
be
monitored
and
maintained
for
a
minimum
of
30
years
following
closure.
°
Re­
establishment
of
the
surface
stream
is
required.

Corrective
Action
°
Corrective
actions
may
be
triggered
by
violation
of
the
permit.
Generally,
the
State
may
require
closure,
capping,
or
possible
removal
of
placed
materials.
For
the
existing
site,
the
State
may
require
immediate
cessation
of
operations.

Financial
Assurance
°
Financial
assurance
is
required.
Mechanisms
include
liability
insurance,
bonds,
letters
of
credit,
certificates
of
deposit,
and
cash.
°
For
the
reclamation
bond,
the
period
of
liability
extends
until
final
reclamation
is
completed.
For
the
RD&
D
permit,
the
bond
is
renewed
as
the
permit
is
renewed.
°
The
amount
is
determined
on
a
case­
by­
case
basis.
°
Closure
certification
is
required
for
bond
release
(
minimum
of
two
years
after
reclamation
before
bond
release).

References
New
York
Regulations:
6
NYCRR
360­
1.15(
b)(
14­
16);
6
NYCRR
703
Revised
Draft
Report
on
Mine
Placement
Information
Collection
Visit
to
New
York.
August
6,
2002.
U.
S.
EPA
Office
of
Solid
Waste.
(
Including
the
CCW
Minefill
Management
Practices
Discussion
Guide,
July
10,
2002)
State
CCW
Mine
Placement
Regulations
and
Policy
100
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
NORTH
DAKOTA:
Coal
Mines
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.
PSC
also
has
developed
policy
addressing
the
beneficial
use
of
CCW.

Mines
used
for
CCW
disposal
also
are
regulated
by
DOH
and
are
permitted
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.

Beneficial
use
on
mine
sites
is
allowed
in
generally
relatively
small
amounts.
The
activity
must
follow
specific
guidelines
and
be
approved
by
DOH.
Additional
requirements
or
conditions
beyond
the
guidelines
may
be
stipulated
by
DOH.
State
CCW
Mine
Placement
Regulations
and
Policy
101
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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.

Guideline
11
 
Ash
Utilization
for
Soil
Stabilization,
Filler
Materials
and
Other
Engineering
Uses.
April
2002.

Jim
Deutsch,
Director,
Reclamation
Division,
North
Dakota
Pubic
Service
Commission
(
personal
communication,
5/
8/
01)

Steve
Tillotson,
Asst.
Director,
Division
of
Solid
Waste
Management,
North
Dakota
Department
of
Health
(
personal
communication,
5/
8/
01
and
6/
18/
01)
State
CCW
Mine
Placement
Regulations
and
Policy
102
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
NORTH
DAKOTA
Disposal
Beneficial
Use
Regulatory
Agency
Oversight
°
North
Dakota
Pubic
Service
Commission,
Reclamation
Division
(
PSC)
°
North
Dakota
Department
of
Health,
Division
of
Solid
Waste
Management
(
DOH)

Allowed
Uses
Disposal
at
inactive
mine
sites
°
Soil
stabilization
°
Road
stabilization
°
Filler
material
°
Other
engineering
uses
as
approved
on
a
case­
by­
case
basis
Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
Landfilling
of
CCW
with
no
intended
beneficial
use.
Any
CCW
placement
not
considered
disposal
that
can
be
demonstrated
to
not
adversely
impact
the
environment.

Site
Characterization
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.
The
site
characterization
must
address
soils,
topography,
geology,
hydrogeology,
ground­
water
quality,
surface
water
conditions
and
flow,
vegetation,
etc.

Siting
Restrictions
°
Not
within
an
area
which
may
result
in
imp
acts
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).
°
Placement
into
the
water
table
is
not
allowed.
No
specific
restrictions
but
information
must
be
submitted
in
the
proposal
regarding
"
potential
receptors,"
such
as:
°
Nearby
communities
°
Residences
°
Parks
°
Natural
areas
°
Waterways
NORTH
DAKOTA
Disposal
Beneficial
Use
State
CCW
Mine
Placement
Regulations
and
Policy
103
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
Reclamation
Plan
Not
required.
Not
required.

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
determ
ined
on
a
case­
by­
case
basis.
DOH's
preferred
test
is
the
ASTM
D­
3987
test
which
mimics
rainfall
interaction
with
the
waste.
Waste
characterization
is
required
using
either:
(
1)
a
modified
US
EPA
SPLP
Method
1312
with
a
solution
to
solid
ratio
of
4:
1,
or
(
2)
a
modified
ASTM
D­
3987
procedure
with
the
same
ratio.
The
guidelines
provide
a
list
of
parameters
that
may
be
reduced
based
upon
review.

The
proposal
should
also
provide:
°
Background
information
on
the
source,
quality,
and
quantity
of
the
ash.
°
Laboratory
simulation
testing
to
replicate
field
conditions
to
determine
leachability
of
the
material
as­
placed.

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

Address
Acid­
Base
Balance/
Acid
Mine
Drainage
Not
required.
Not
required.

State
Approval
Required
to
Proceed
Must
obtain
a
solid
waste
disposal
permit
from
DOH
and
obtain
specific
PSC
approval
for
CCW
placement.
Approval
by
any
health,
environmental,
and
permitting
authorities
must
be
obtained
before
the
project
is
conducted.
Any
DOH
approval
is
contingent
upon
and
does
not
supercede
compliance
with
all
local
environmental,
health,
and
building
code
requirements.

Public
Participation
°
Public
notice
of
proposed
permit:
Two
publications
by
permit
applicant,
and
one
by
DOH.
°
30
day
public
comment
period.
°
Opportunity
for
a
hearing
if
sufficient
interest.
None.

During
Placement
NORTH
DAKOTA
Disposal
Beneficial
Use
State
CCW
Mine
Placement
Regulations
and
Policy
104
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
Ongoing
Waste
Characterization
Not
required.
Required
on
a
case­
by­
case
basis
for
ongoing
projects
on
an
annual
basis,
and
more
frequently
if:
°
There
has
been
any
process
change
in
the
waste
generation
that
might
influence
the
character
of
the
waste
°
The
raw
material
or
type
of
fuel
changes
°
There
has
been
any
other
changes
or
variances
that
may
influence
the
characteristics
of
the
ash/
product
or
mixture
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.
May
be
required
on
a
case­
by­
case
basis.

Performance
Standards
Not
specified
(
other
than
enforceable
limits
below).
Not
specified.

Enforceable
Limits
°
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
stand
ards.
°
Must
have
adequate
financial
assurance
to
cover
any
corrective
actions.
Not
specified.

Corrective
Action
The
proposal
should
address
reasonable
contingencies
such
as
discontinuance
of
the
application
methods
and
cleanup
of
the
site
should
environmental
damage
occur.
NORTH
DAKOTA
Disposal
Beneficial
Use
State
CCW
Mine
Placement
Regulations
and
Policy
105
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
Operational
Requirements/
Placement
Engineering
°
An
operation
plan
with
procedures
for
managing
the
CCW.
°
A
liner
is
required,
but
typically
a
leachate
removal
system
is
no
t.
°
Placement
into
the
water
table
is
not
allowed.
°
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).
°
The
proposal
should
include
a
description
of
the
material
handling
and
conceptual
construction,
including:
transport
and
storage
of
materials,
placement
of
materials,
equipment,
construction
techniques,
moisture
application
and
monitoring,
mixing,
testing,
etc.
°
Controls
and
monitoring
of
windblown
dust,
stormwater
and/
or
any
ponded
water
must
be
described.
°
The
proposer
should
provide
routine
reports
on
construction
and
operation
progress,
monitoring
results,
final
construction
details,
and
re­
analysis
of
the
ash.
NORTH
DAKOTA
Disposal
Beneficial
Use
State
CCW
Mine
Placement
Regulations
and
Policy
106
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
°
Must
continue
during
post­
closure
period.
May
be
required
on
a
case­
by­
case
basis.

Performance
Bonding
or
Financial
Assurance
°
Must
have
adeq
uate
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
disp
osal
activities,
the
PSC
will
require
a
showing
that
sufficient
top
soil
and
subsoil
have
been
set
aside
to
pro
vide
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.
Not
required.

Other
Closure/
Post­
closure
Requirements
°
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
longterm
site
stability
and
the
capability
to
produce
hay
crops.
The
proposal
should
address
final
disposal
of
placed
materials
after
the
life
of
the
project,
if
applicable.
State
CCW
Mine
Placement
Regulations
and
Policy
107
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
NORTH
DAKOTA:
Noncoal
Mines
According
to
Ed
Murphy,
North
Dakota
Geological
Survey,
gravel
pits
and
clay
pits
for
brick
manufacture
are
the
only
types
of
noncoal
mining
currently
occurring.
There
is
no
regulatory
oversight
of
gravel
and
clay
mining
operations
and
reclamation
by
his
agency
at
this
time.
Therefore,
the
North
Dakota
Department
of
Health,
Division
of
Solid
Waste
Management
(
DOH)
would
have
sole
jurisdiction
over
the
disposal
of
CCW
in
noncoal
mines
if
it
were
to
occur.
As
with
coal
mines,
noncoal
mines
used
for
CCW
disposal
would
be
permitted
by
DOH
as
special
waste
landfills.
The
regulatory
provisions
and
DOH
policy
provisions
for
mines
regulated
as
special
waste
landfills
are
detailed
in
the
North
Dakota
summary
profile
for
coal
mines,
found
above.

References
Steve
Tillotson,
Assistant
Director,
Division
of
Solid
Waste
Management,
North
Dakota
Department
of
Health
(
personal
communication,
10/
31/
01)

Ed
Murphy,
North
Dakota
Geological
Survey
(
information
provided
via
Steve
Tillotson)
7
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
108
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
OHIO:
Coal
Mines
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
noncoal
mine
waste
disposal
to
CCW
placement.
The
policy
guidelines
were
developed
for
active
coal
mine
sites
and
will
be
used
only
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
categorized
as
disposal.
There
are
no
current
mine
placement
operations
that
would
be
categorized
as
disposal.
Historically,
there
may
have
been
several
disposal
operations
in
the
late
1980'
s,
but
these
would
have
been
managed
under
old
guidelines
and
policy.
Therefore,
the
discussion
of
disposal
requirements
in
the
paragraphs
below
and
in
the
table
is
based
on
requirements
that
might
apply,
were
disposal
proposed
today.

Disposal
projects
would
be
regulated
jointly
by
DMRM
and
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"
7
are
State
CCW
Mine
Placement
Regulations
and
Policy
109
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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),
°
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
Ohio
DNR,
Division
of
Natural
Resources
Management,
GENERAL
GUIDELINES,
Beneficial
Use
of
Coal
Combustion
By
products
(
CCB)
on
Coal
Mining
and
Reclamation
ORC
Chapter
1513
Permit
Areas.
(
September
5,
2001)

Ohio
DNR,
Division
of
Natural
Resources
Management,
HYDROLOGY
GUIDELINES,
Beneficial
Use
of
Coal
Combustion
By
products
(
CCB)
on
Coal
Mining
and
Reclamation
ORC
Chapter
1513
Permit
Areas.
(
September
5,
2001)

Ohio
DNR,
Division
of
Natural
Resources
Management,
SOILS
GUIDELINES.
(
September
5,
2001)
State
CCW
Mine
Placement
Regulations
and
Policy
110
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
Ohio
DNR,
Division
of
Natural
Resources
Management,
Attachment
34
[
Beneficial
Use
of
Coal
Combustion
Byproducts
(
CCB)].
(
September
5,
2001)

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.

Mike
Sponsler,
Chief,
Ohio
Department
of
Natural
Resources,
Division
of
Mineral
Resources
Management
(
written
comments
to
EPA,
2/
02)

Revised
Draft
Report
on
Mine
Placement
Information
Collection
Visit
to
Ohio.
July
31,
2002.
U.
S.
EPA
Office
of
Solid
Waste.
(
Including
the
CCW
Minefill
Management
Practices
Discussion
Guide,
July
1,
2002)
State
CCW
Mine
Placement
Regulations
and
Policy
111
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
OHIO
Disposal
Beneficial
Use
Regulatory
Agency
Oversight
Ohio
Environmental
Pro
tection
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
(
soil
additive).
°
Mine
sealing.

Before
Placement
Distinction
Between
Beneficial
Use
and
Disposal
Any
placement
not
meeting
the
co
nstraints
at
right
is
defined
as
disposal.
(
In
practice,
DMRM
has
used
the
volume
of
CCW
to
be
placed
to
determine
that
a
project
constitutes
disp
osal.)
°
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
on
ground
and
surface
water
will
be
required.

°
For
use
as
soil
additive:
The
soil
or
spoil
top
cover
must
be
sampled
and
analyzed
before
any
CCB
material
can
be
added
as
a
soil
additive.
This
background
analysis
is
needed
to
determine
that
the
soil
or
spoil
top
cover
is
not
contaminated.

Siting
Restrictions
Ash
may
not
be
placed:
°
Within
the
surface
or
subsurface
areas
surrounding
a
Substantively
similar
to
federal
SMCRA,
plus:
°
Not
within
100
feet
of
streams
(
unless
variance
OHIO
Disposal
Beneficial
Use
State
CCW
Mine
Placement
Regulations
and
Policy
112
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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).
°
Within
5
feet
of
the
uppermost
aquifer
(
measured
from
the
bottom
of
the
liner).
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.
°
Not
within
300
feet
of
an
occupied
dwelling
unless
owner
provides
a
written
waiver.
°
Not
within
8
feet
of
the
regional
ground­
water
table
unless
DMRM
approves
based
on
information
that
demonstrates
ground­
water
contamination
will
not
occur.

Reclamation
Plan
Not
required.
Substantively
similar
to
federal
SMCRA,
plus:
Operation
and
Reclamation
Plan
must
include
a
detailed
narrative
description
of
the
following:
°
Site
preparation
(
include
erosion
and
sediment
controls);
°
Placement
of
CCB
material
and
quantities
used;
°
Placement
of
CCB
material
in
relation
to
the
regional
ground­
water
table.

In
addition,
maps
and
cross­
sections
are
required.

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.
°
TCLP
tests
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.
The
tests
may
use
either
acid
or
de­
ionized
water
as
the
leachate
solution.
°
Material
characterization
(
total)
for
pH,
percent
pyritic
sulfur,
po
tential
acid
ity,
neutralization
po
tential,
hydrogen
ion
concentration,
percent
total
sulfur,
and
calcium
carbonate
deficiency.
OHIO
Disposal
Beneficial
Use
State
CCW
Mine
Placement
Regulations
and
Policy
113
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
°
For
use
as
soil
additive:
pH,
bo
ron,
soluble
salts,
standard
agricultural
series
test,
primary
drinking
water
standards,
secondary
drinking
water
analysis,
and
possible
additional
parameters.
°
For
use
as
a
liming
agent:
The
calcium
carbonate
equivalent
must
be
at
least
100
parts
per
thousand
(
i.
e.,
100
tons
of
CaCO
3
per
1,000
tons
of
ash)
or
10%
by
dry
weight.
The
calcium
carbonate
equivalence
is
to
be
determined
by
the
N
eutralization
Potential
Test
in
accordance
with
EPA­
600/
2­
78/
054
Section
3.2.3
or
other
test
approved
by
the
Division.

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
(
with
exceptions).
°
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,
and
pH
between
6.5
to
8.0
unless
otherwise
approved
on
a
case­
by­
case
basis.

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
(
spo
il,
coal
refuse,
etc.).
Calcium
carbonate
deficiency
must
be
more
negative
than
­
5
tons
CaCO3
per
1,000
tons
of
material.
Modified
acid/
base
analysis
is
required
for
other
uses.

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
application,
and
an
Usually
a
major
revision
to
a
mining
permit
is
proposed
through
an
application
to
revise
a
permit.
An
updated
probable
hydrologic
consequences
and
cumulative
OHIO
Disposal
Beneficial
Use
State
CCW
Mine
Placement
Regulations
and
Policy
114
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
NPDES
permit
application
need
to
be
submitted.
hydrologic
impact
assessment
are
required
when
coal
ash
is
used
on
mine
sites.

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.

For
use
as
so
il
additive:
Required
quarterly.

Ground­
water
Monitoring
May
be
required
on
a
site­
by­
site
basis.
Substantively
similar
to
federal
SMCRA,
plus:
°
Monitoring,
including
surface
water
monitoring,
is
almost
always
required
for
add
itional
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,
pond
s,
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:
OHIO
Disposal
Beneficial
Use
State
CCW
Mine
Placement
Regulations
and
Policy
115
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
The
use
of
CCW
shall
be
designed
to:
°
Achieve
an
overall
improvement
in
water
q
uality,
°
Prevent
or
reduce
the
degradation
of
water
quality,
or
°
Have
a
benign
impact
on
water
quality.
°
For
use
as
soil
additive:
Be
applied
at
a
rate/
acre
that
will
protect
public
health,
safety,
and
the
environment.

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
ground­
water
table
unless
DMRM
approves
based
on
information
that
demonstrates
ground­
water
contamination
will
not
occur.
°
Cross­
sections
of
the
beneficial
use
placement
configuration
are
required.
At
least
one
transverse
crosssection
and
one
longitudinal
cross­
section
must
be
provided
showing
the
elevation,
final
profile,
saturated
zones
(
existing
and
proposed)
and
reclaimed
surface
profiles
of
the
beneficial
use
areas.
°
Compaction
may
be
required
on
a
case­
by­
case
basis.
°
Erosion
and
sediment
controls.
°
Dust
control
measures.
°
For
alkaline
addition
use:
The
layers
must
not
exceed
a
thickness
of
two
feet.
°
For
low­
permeability
use:
T
o
isolate
acid
and
toxic
materials,
the
layers
must
have
a
minimum
thickness
of
two
feet.
°
For
use
as
so
il
additive:
If
CCW
exceeds
limits
for
soil
additive
use
and
is
used
in
areas
underlying
surface
growing
media,
it
must
be
separated
from
the
surface
by
OHIO
Disposal
Beneficial
Use
State
CCW
Mine
Placement
Regulations
and
Policy
116
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
a
minimum
of
30
inches
of
non­
toxic
material.
°
For
use
as
soil
additive:
If
CCW
material
is
incorporated
into
acid­
forming
materials
without
a
cap,
the
4
foot
nontoxic
cover
is
required.
°
For
use
as
so
il
additive:
The
depth
of
the
CCW
materials
and
soil
mixture
should
not
exceed
one
foot
unless
otherwise
approved
on
a
case­
by­
case
basis.
°
For
use
as
lime
substitute:
The
calcium
carbonate
or
other
nutrient
of
the
CCW
material
should
be
used
in
accordance
with
the
amount
based
on
chemical
equivalence
that
would
be
needed
to
substitute
for
lime
or
other
constituents.
OHIO
Disposal
Beneficial
Use
State
CCW
Mine
Placement
Regulations
and
Policy
117
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
May
be
required
on
a
site­
by­
site
basis.
Substantively
similar
to
federal
SMCRA,
plus:
Monitoring
for
the
add
itional
parameters
must
continue
until
bond
release.

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.
8
Based
on
available
characterization
data
and
anecdotal
information
from
DSW,
most
fly
ash
and
bottom
ash
would
meet
this
definition.
DSW
has
more
stringent
regulatory
requirements
for
CCW
that
does
not
meet
the
definition
of
"
non­
toxic."
These
requirements
also
are
summarized
in
Regulation
of
Landfills
and
Surface
Impoundments
Managing
Coal
Combustion
Waste
in
26
States.

State
CCW
Mine
Placement
Regulations
and
Policy
118
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
OHIO:
Noncoal
Mines
In
Ohio,
the
placement
of
CCW
at
a
noncoal
mine
site
has
yet
to
occur.
As
with
coal
mines,
the
Ohio
Department
of
Natural
Resources,
Division
of
Mineral
Resources
Management
(
DMRM)
has
sole
jurisdiction
over
the
beneficial
use
of
CCW
on
noncoal
mine
sites.
Beneficial
uses
include
land
reclamation
uses
(
i.
e.,
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,
and
mine
sealing.
DMRM
would
require
prior
approval
of
the
beneficial
use
and
a
revision
of
the
reclamation
plan
to
account
for
the
use.
No
specific
policy
or
regulations
exist
for
beneficial
uses
at
noncoal
mine
sites
as
they
do
for
coal
mine
sites.

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"
8
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
are
detailed
in
the
Ohio
summary
profile
for
coal
mines,
found
above.
The
Ohio
Department
of
Natural
Resources,
Division
of
Mineral
Resources
Management
(
DMRM)
would
work
the
solid
waste
requirements
into
the
reclamation
plan
but
would
not
be
involved
in
the
disposal
approval
process.

Whether
the
CCW
placement
is
considered
disposal
or
a
beneficial
use,
DMRM's
noncoal
mining
regulations
apply.
The
regulations
require
a
10­
year
mining
and
reclamation
permit
and
direct
the
mine
operator
to
do
the
following:

°
Develop
a
reclamation
plan,
include
a
detailed
map
°
Perform
site
characterization/
produce
a
geological
data
report
°
Attain
a
performance
bond:
surety
bond,
cash,
irrevocable
letter
of
credit,
or
certificates
of
deposit
(
amount
determined
by
DMRM
and
adjusted
as
necessary)
°
Follow
proper
blasting
procedures
°
Minimize
acid
drainage
and
acid
water
accumulation
State
CCW
Mine
Placement
Regulations
and
Policy
119
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
°
Protect
surface
and
subsurface
water
systems
°
Comply
with
criteria
for
final
slopes,
highwalls,
resoiling,
soil
amendments,
and
revegetation
°
Comply
with
criteria
on
the
construction
of
dams,
dikes,
diversions,
impoundments,
and
drainage
channels.

References
Ohio
Administrative
Code,
Chapter
1501:
14­
1,
14­
3,
14­
4
Mike
Dillman,
Ohio
Department
of
Natural
Resources,
Division
of
Mineral
Resources
Management
(
personal
communication
10/
19/
01)
State
CCW
Mine
Placement
Regulations
and
Policy
120
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
OKLAHOMA:
Coal
Mines
In
Oklahoma,
there
is
currently
no
placement
of
CCW
in
active
coal
mines,
although
it
is
happening
in
several
inactive
coal
mines
where
SMCRA
regulations
are
not
applicable.
Placement
in
the
inactive
coal
mines
is
governed
by
the
State's
noncoal
mining
regulations,
described
in
the
summary
profile
for
noncoal
mines,
below.
Oklahoma's
solid
waste
regulations
exempt
CCW
from
all
solid
waste
permitting
requirements
if
disposed
of
in
any
active
or
inactive
coal
or
noncoal
mining
operation
that
is
permitted
by
the
Department
of
Mines.
Oklahoma
recently
proposed
CCW
disposal
regulations
applicable
to
mine
placement.
These
proposed
regulations
have
not
yet
been
finalized.

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
be
limited
in
Oklahoma.
According
to
Darrell
Shults
of
the
Oklahoma
Department
of
Mines:
"
To
date,
it
has
not
been
a
feasible
alternative
to
dispose
of
coal
combustion
byproducts
(
CCB)
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."

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.
State
CCW
Mine
Placement
Regulations
and
Policy
121
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
Darrell
Shults,
Oklahoma
Department
of
Mines
(
written
comments
to
EPA,
11/
21/
01)
State
CCW
Mine
Placement
Regulations
and
Policy
122
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
OKLAHOMA:
Noncoal
Mines
Oklahoma's
solid
waste
regulations
exempt
CCW
from
all
solid
waste
permitting
requirements
if
disposed
of
in
any
active
or
inactive
coal
or
noncoal
mining
operation
that
is
permitted
by
the
Oklahoma
Department
of
Mines
(
DOM).
Therefore,
DOM
has
sole
jurisdiction
over
CCW
placement
in
noncoal
mines
and
inactive
coal
mines.
These
types
of
placement
are
subject
to
the
State
noncoal
mining
regulations,
summarized
below.
In
2001,
DOM
proposed
specific
CCW
disposal
regulations
applicable
to
mine
placement
but
they
have
yet
to
be
finalized.
The
new
regulations
will
be
assimilated
into
existing
applicable
programs,
rather
than
create
a
new
program.

DOM's
noncoal
surface
mining
and
reclamation
permit
regulations
require
the
following:

°
Public
notice
and
comment
°
Ground­
water
and
surface
water
monitoring
required
on
a
case­
by­
case
basis
If
within
Scenic
River
Areas
°
Must
submit
detailed
site
information
and
a
removal
plan
with
tonnage
and
depth
information
°
Can
not
change
the
course
of
the
river
°
A
minimum
100
foot
undisturbed
buffer
of
natural
vegetation
between
water's
edge
and
any
plant
site.
If
not
plant
on
site,
take
precautions
to
preserve
integrity
of
the
stream
bank
°
The
Department
of
Public
Transportation
may
require
other
setbacks
°
BMPs
must
be
installed
as
necessary
to
minimize
the
amount
of
sediment
and
spoil
returning
to
the
stream
Performance
Standards
°
Permittee
must
take
all
possible
steps
to
minimize
any
hazardous
impact
and
prevent
significant,
imminent
harm
to
the
environment
or
public
health
and
safety
°
Appropriate
BMPs
for
erosion
and
sediment
control
must
prevent
additional
contribution
of
sediment
and
erosion
to
prevent
degradation
of
the
environment
Reclamation
Plan
°
Grading
must
be
completed
within
1
year
of
termination
of
mining
of
each
segment
°
Describe
the
planned
post­
mining
uses
°
Include
methods
to
prevent
or
eliminate
conditions
that
will
be
hazardous
to
animal
or
fish
life
State
CCW
Mine
Placement
Regulations
and
Policy
123
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
°
Include
methods
for
the
control
of
contaminants
and
disposal
of
refuse
°
Include
a
plan
for
permanent
revegetation
Financial
Assurance
°
Amount
of
performance
bond
must
cover
the
estimated
cost
to
the
State
if
it
had
to
do
the
reclamation,
restoration,
and
abatement
work.
Minimum
amount
is
$
2,000.
°
Bonds
may
be
released
upon
the
completion
of
reclamation
in
such
a
manner
that
the
land
will
be
capable
of
supporting
the
approved
post­
mining
land
use.

References
Oklahoma
Regulations:
O.
A.
C.
460:
10
et
seq.

Doug
Schooley,
Administrator,
Noncoal
Program,
Oklahoma
Department
of
Mines
(
personal
communication,
11/
28/
01)
State
CCW
Mine
Placement
Regulations
and
Policy
124
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
PENNSYLVANIA:
Coal
Mines
Beneficial
uses
of
CCW
on
mine
sites
(
i.
e.,
active
and
abandoned
coal
and
noncoal
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
uses
in
four
categories:
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.

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.
Mine
placement
of
coal
ash
is
not
allowed
unless
a
beneficial
use
is
demonstrated.
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
Beneficial
Uses
of
Coal
Ash
at
Active
Coal
Mine
Sites
(
BMR,
563­
2112­
206)
State
CCW
Mine
Placement
Regulations
and
Policy
125
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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.

Michael
Menghini,
District
Mining
Operations,
Pennsylvania
Department
of
Environmental
Protection
(
written
comments
to
EPA,
11/
26/
01).
State
CCW
Mine
Placement
Regulations
and
Policy
126
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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,
the
amount
of
ash
allowed
to
be
utilized
varies
depending
on
the
legitimacy
of
the
reason
for
the
proposed
volume.

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
sp
oil
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.

And:
°
The
bottom
of
ash
must
be
at
lea
st
8
feet
above
the
top
of
the
regional
ground­
water
table
elevation
(
except
for
demonstration
projects,
which
can
be
approved
under
the
residual
waste
regulations).
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
reclamation
project.
PENNSYLVANIA
Allowed
Uses
CCW
Placement
Alkaline
Addition
Low
Permeability
Use
Soil
Additive
Use
State
CCW
Mine
Placement
Regulations
and
Policy
127
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
majo
r
permit
revision
(
using
M
odules
25/
27)
is
required
to
use
coal
ash
at
an
active
mine
site.
The
permit
or
permit
revision
is
issued
under
SMCRA
as
well
as
applicable
waste
regulations
and
the
Clean
Streams
Law.

Public
Participation
Public
notice
required.
Not
required.
PENNSYLVANIA
Allowed
Uses
CCW
Placement
Alkaline
Addition
Low
Permeability
Use
Soil
Additive
Use
State
CCW
Mine
Placement
Regulations
and
Policy
128
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
guid
elines.

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
BM
R
for
26
parameters.
°
There
must
be
at
least
one
downgradient
monitoring
po
int
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:
Ash
cannot
produce
a
leachate
exceeding
DEP
established
limits
and
the
State
has
specific
co
rrective
action
authority
applicable
to
mine
placement.
Corrective
actions
can
occur
when
the
coal
ash
being
used
no
longer
meets
the
standards
for
coal
ash
beneficial
use,
or
when
the
ground­
water
monitoring
parameters
which
are
quarterly
and/
or
annual
are
exceeding
the
background
ground­
water
parameters.
In
addition,
any
violation
of
the
mine
permit
that
addresses
coal
ash
beneficial
use
would
require
corrective
action.
Corrective
Action
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
(
except
for
demonstration
projects,
which
can
be
approved
under
the
residual
waste
regulations).
°
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.
°
The
site
operations
plan
must
address
how
the
ash
will
be
handled
and
placed.
°
Standard
conditions
for
ash
placement
and
monitoring
and
Substantively
similar
to
federal
SMCRA,
plus:
°
Provisions
for
CCW
placement.
°
Must
have
a
minimum
thickness
of
2
feet
(
exceptions
on
a
site­
bysite
basis).
°
Addressed
in
site
operations
plan
(
see
CCW
placement)
°
Standard
and
specific
conditions
(
see
CCW
placement)
Substantively
similar
to
federal
SMCRA,
plus:
°
Provisions
for
CCW
placement.
°
Use
as
soil
sub
stitute
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
seasonal
high
water
table.
PENNSYLVANIA
Allowed
Uses
CCW
Placement
Alkaline
Addition
Low
Permeability
Use
Soil
Additive
Use
State
CCW
Mine
Placement
Regulations
and
Policy
129
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
site­
or
placement­
specific
conditions
where
necessary.
°
CCW
must
be
incorporated
into
the
so
il
within
48
hours
of
application.
°
May
not
be
applied
to
so
il
being
used
for
agriculture
where
the
soil
pH
is
<
5.5.
°
Addressed
in
site
operations
plan
(
see
CCW
placement)
°
Standard
and
specific
conditions
(
see
CCW
placement)

Closure/
Post
Closure
Care
Ongoing
Ground­
water
Monitoring
Substantively
similar
to
federal
SMCRA,
plus:
°
Monitoring
for
the
additional
parameters
must
continue
with
quarterly
reports
and
annual
reports
submitted
through
Stage
2
of
bond
release.
°
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,
plus:
Final
cover
of
four
feet
is
required
in
most
cases.
T
he
ash
placement
area
must
achieve
a
final
grade
that
promotes
runoff.
Also,
final
reclamation
entails
the
revegetation
and
stabilization
of
all
affected
areas.
State
CCW
Mine
Placement
Regulations
and
Policy
130
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
PENNSYLVANIA:
Noncoal
Mines
Although
Pennsylvania's
regulations
allow
utilization
of
CCW
in
noncoal
mines,
very
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.

Beneficial
uses
of
CCW
on
mine
sites
are
under
the
control
of
both
the
Bureau
of
Mining
and
Reclamation
(
BMR)
and
the
Bureau
of
Land
Recycling
and
Waste
Management
(
BLR).
The
controls
applicable
to
abandoned
noncoal
mine
sites
are
the
same
as
for
active
and
abandoned
coal
mines
sites,
as
summarized
in
the
Pennsylvania
summary
profile
for
coal
mines,
found
above.

The
controls
on
CCW
placement
in
active
noncoal
mines
are
similar
to
abandoned
noncoal
mines
in
that
the
beneficial
use
of
coal
ash
for
mine
subsidence
control,
mine
fire
control,
and
mine
sealing
is
allowed.
BLR
does
not
require
a
solid
waste
disposal
permit
for
the
beneficial
use
of
CCW
if
the
mine
operator
conforms
to
the
beneficial
use
requirements.

According
to
Mike
Menghini,
BMR,
the
Coal
Ash
Beneficial
Use
Certification
Application
would
likely
be
adapted
for
the
use
of
CCW
on
an
active
noncoal
mine
site
and
reviewed
by
BLR.
BMR
would
perform,
on
a
site­
by­
site
basis,
the
following
activities
and
considerations:

°
An
assessment
of
the
geologic
setting/
type
of
rock
°
Installation
of
a
monitoring
system
°
Site
characterization
(
i.
e.,
benchmark
testing
of
ground­
water
quality)
°
CCW
characterization
(
applicable
controls
will
depend
on
the
type
of
ash
and
its
characteristics)
°
Examination
of
sink
holes
and
any
conduits
for
flow
°
Determination
of
the
proximity
of
any
public
or
private
drinking
water
supplies
References
Pennsylvania
Regulations:
25
PA
Code
287.661­
666;
25
PA
Code
86­
90
Certification
Guidelines
for
Beneficial
Uses
of
Coal
Ash
(
BMR,
563­
2112­
224)
State
CCW
Mine
Placement
Regulations
and
Policy
131
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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.

Mike
Menghini,
District
Mining
Operations,
Pennsylvania
Department
of
Environmental
Protection
(
personal
communication,
10/
24/
01)
State
CCW
Mine
Placement
Regulations
and
Policy
132
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
TENNESSEE:
Coal
Mines
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)
State
CCW
Mine
Placement
Regulations
and
Policy
133
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
wetland
s,
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.
°
A
geologic
buffer
of
3
feet
is
required
between
base
of
fill
and
the
seasonal
higher
water
table
of
the
uppermost
unconfined
aquifer.

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.
TENNESSEE
State
CCW
Mine
Placement
Regulations
and
Policy
134
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
co
ntrol
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).
TENNESSEE
State
CCW
Mine
Placement
Regulations
and
Policy
135
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
so
il,
excep
t
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
m
ulch,
silt
barriers),
promotes
drainage
(
prevents
pooling),
and
provides
a
drainage
system
consistent
with
the
surrounding
area.
State
CCW
Mine
Placement
Regulations
and
Policy
136
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
TENNESSEE:
Noncoal
Mines
In
Tennessee,
the
placement
of
CCW
in
a
noncoal
mine
has
yet
to
occur.
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,
which
would
likely
be
applied
to
CCW
noncoal
mine
placement,
require
prior
written
notification
and
are
summarized
in
the
Tennessee
summary
profile
for
coal
mines,
found
above.

In
addition
to
the
solid
waste
regulations,
CCW
placement
would
be
subject
to
applicable
State
noncoal
mining
regulations
that
require
the
following:

°
Public
notice
and
comment
°
Performance
bonds
(
e.
g.,
cash,
treasury
bonds,
municipal
or
corporate
bonds)
°
A
mining
and
reclamation
plan,
including
a
detailed
map
°
Regrading
to
approximate
original
contour
and
revegetation
within
3
months
of
final
mining
activity
°
Mineral­
specific
standards
for
access
roads;
operation,
backfilling
and
grading;
and
revegetation.
The
standards
aim
to
minimize
adverse
effects
to
surface
and
ground­
water
quality.
°
Annual
reporting
References
Tennessee
Statute:
59­
8­
201
et
seq.

Tennessee
Regulations:
Chapter
0400­
3
et
seq.
State
CCW
Mine
Placement
Regulations
and
Policy
137
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
TEXAS:
Coal
Mines
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
is
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.
9
To
be
classified
as
Class
3,
the
leachate
from
the
waste
must
not
exceed
State
MCLs
(
which
are
identical
to
federal
MCLs)
when
tested
using
a
sevenday
distilled
water
leachate
test
and
must
not
exhibit
detectable
levels
of
organic
constituents
when
tested
using
TCLP.

State
CCW
Mine
Placement
Regulations
and
Policy
138
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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.
9
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.
State
CCW
Mine
Placement
Regulations
and
Policy
139
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
reclam
ation
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.

Also,
lowest
level
of
disposal
must
be
above
the
seasonal
high
water
table.
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.
TEXAS
Disposal
Beneficial
Use
State
CCW
Mine
Placement
Regulations
and
Policy
140
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
notificatio
n
is
required.
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.

Public
Participation
The
issuance
of
a
solid
waste
permit
is
subject
to
p
ublic
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
is
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.
TEXAS
Disposal
Beneficial
Use
State
CCW
Mine
Placement
Regulations
and
Policy
141
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
Enforceable
Limits
If
assessment
monitoring
detects
a
statistically
significant
level
above
ground­
water
quality
protection
standards
(
MCLs
or
site­
specific
background
concentrations
for
constituents
without
MCLs),
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
contro
l.
°
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.
TEXAS
Disposal
Beneficial
Use
State
CCW
Mine
Placement
Regulations
and
Policy
142
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
clo
sure
design
minimize
or
eliminate
postclosure
escape
of
waste,
contaminants,
leachate,
or
runoff
and
minimize
or
eliminate
the
need
for
further
maintenance
and
contro
l.
°
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.
State
CCW
Mine
Placement
Regulations
and
Policy
143
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
TEXAS:
Noncoal
Mines
As
with
coal
mines,
the
Texas
Natural
Resource
Conservation
Commission
(
TNRCC)
solid
waste
policy
allows
beneficial
use
of
CCW
as
backfill
to
achieve
original
contours
at
noncoal
mine
sites.
If
the
placement
of
CCW
at
a
noncoal
mine
site
is
for
this
beneficial
use,
it
is
regulated
solely
by
the
Railroad
Commission
of
Texas,
Surface
Mining
and
Reclamation
Division
(
SMRD)
and
not
by
TNRCC.
In
such
a
case,
SMRD
applies
the
State's
noncoal
mining
regulations.
With
the
exception
of
uranium
mines,
however,
these
regulations
cover
safety
only.
The
uranium
mining
regulations
are
outlined
below.
If
the
placement
is
not
approved
as
a
beneficial
use,
TNRCC
subjects
the
practice
to
solid
waste
regulations
and
SMRD
defers
entirely
to
TNRCC.
The
applicable
solid
waste
requirements
are
detailed
in
the
Texas
summary
profile
for
coal
mines,
found
above.

TNRCC's
uranium
mine
rules
(
all
other
noncoal
mining
is
regulated
only
in
terms
of
safety)
require
the
following:

°
Public
notice
and
comment
Reclamation
Plan
°
Must
be
consistent
with
local,
physical,
environmental,
and
climatological
conditions
°
Description
of
how
proposed
postmining
land
condition
is
to
be
achieved
and
the
necessary
support
activities
that
may
be
needed
°
The
steps
taken
to
comply
with
applicable
air
and
water
quality
and
water
rights
laws
and
regulations
Reclamation
Standards
°
Restore
affected
land
to
the
premining
or
substantially
beneficial
condition
°
Stabilize
and
protect
all
surface
areas
as
necessary
to
control
erosion
and
attendant
air
and
water
pollution
°
Replace
the
topsoil
or
best
available
subsoil
on
top
of
land
to
be
reclaimed
°
Fill
any
auger
holes
to
prevent
drainage
°
Minimize
disturbances
to
the
prevailing
hydrologic
balance
and
to
the
quality
and
quantity
of
surface
water
and
ground
water
systems
 
both
during
and
after
mining
operation
and
during
reclamation
°
Insure
that
all
reclamation
efforts
proceed
as
contemporaneously
as
practicable.
°
Provide
a
screen
of
natural
vegetation
between
the
mining
operation
and
national
and
State
parks,
historic
areas,
and
wildlife
and
scenic
areas,
as
well
as
public
buildings,
cemeteries,
or
churches.
°
Provide
a
drainage
system
for
storm
water
runoff
to
avoid
significant
degradation
of
area
surface
and
ground
waters.
°
Cover
toxic­
forming
materials
with
nontoxic
materials
State
CCW
Mine
Placement
Regulations
and
Policy
144
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
°
Revegetation
will
be
considered
successful
when
it
is
capable
of
self­
regeneration
and
plant
succession,
and
equal
in
extent
of
cover
to
the
natural
vegetation
of
the
area.
°
Slopes
of
overburden
piles
must
be
shaped
to
minimize
runoff
and
allow
seeding.

Financial
Assurance
and
Insurance
°
The
amount
of
the
bond
depends
on
the
reclamation
requirements
of
the
approved
permit
and
is
determined
by
the
State.
°
The
bond
is
released
upon
final
closure
of
the
mine
site.
Final
closure
requires
that
all
reclamation
requirements
be
met
and
that
vegetative
cover
has
sustained
itself
for
a
period
of
four
years.

References:

Texas
Statutes:
5
THSC
§
361;
TWC
§
26.121
Texas
Regulations:
16
TAC
11.71­
11.206;
30
TAC
§
37,
§
39,
§
330,
and
§
335
(
Subchapters
A
and
R);
16
TAC
12
TNRCC
Memo:
Coal
Combustion
By­
Products
and
TNRCC
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.
State
CCW
Mine
Placement
Regulations
and
Policy
145
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
UTAH:
Coal
Mines
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
noncoal
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.
State
CCW
Mine
Placement
Regulations
and
Policy
146
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
VIRGINIA:
Coal
Mines
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
at
a
mine
site
permitted
by
DMME
(
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),
and
°
Operational
requirements/
placement
engineering.

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)
State
CCW
Mine
Placement
Regulations
and
Policy
147
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
Lynn
Haynes,
Virginia
Department
of
Mines,
Minerals
and
Energy,
Division
of
Mined
Land
Reclamation
(
personal
communication,
6/
21/
01)
State
CCW
Mine
Placement
Regulations
and
Policy
148
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
DMM
E­
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
flood
s,
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
pro
ject
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.

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.
VIRGINIA
State
CCW
Mine
Placement
Regulations
and
Policy
149
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
pub
lic
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.

Also,
the
vertical
separation
between
the
CCW
and
the
maximum
seasonal
water
table
or
bedrock
cannot
be
less
than
two
feet.

Closure/
Post
Closure
Care
VIRGINIA
State
CCW
Mine
Placement
Regulations
and
Policy
150
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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.
State
CCW
Mine
Placement
Regulations
and
Policy
151
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
WASHINGTON:
Coal
Mines
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)
State
CCW
Mine
Placement
Regulations
and
Policy
152
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
dispo
sal
permit
is
required
and
must
be
obtained
from
the
local
health
department.

Public
Participation
Regulated
by
OSM
under
federal
SMCRA,
no
additional
requirements.
WASHINGTON
State
CCW
Mine
Placement
Regulations
and
Policy
153
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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.
State
CCW
Mine
Placement
Regulations
and
Policy
154
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
WEST
VIRGINIA:
Coal
Mines
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
been
tested
through
implementation,
the
requirements
are
not
summarized
here.
State
CCW
Mine
Placement
Regulations
and
Policy
155
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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.
State
CCW
Mine
Placement
Regulations
and
Policy
156
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
po
licy,
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
m
etals
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
disp
osal
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.

Public
Participation
Substantively
similar
to
federal
SMCRA,
no
additional
requirements.
WEST
VIRGINIA
State
CCW
Mine
Placement
Regulations
and
Policy
157
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
During
Placement
Ongoing
Waste
Characterization
Periodic
retesting
o
f
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.
State
CCW
Mine
Placement
Regulations
and
Policy
158
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
WEST
VIRGINIA:
Noncoal
Mines
Although
the
placement
of
CCW
in
noncoal
mines
has
yet
to
occur
in
West
Virginia,
it
would
fall
under
the
shared
authority
of
the
West
Virginia
Department
of
Environmental
Protection
(
DEP)
Office
of
Mining
and
Reclamation
(
OMR)
and
DEP's
Office
of
Solid
Waste
(
OSW).
Unlike
CCW
placement
in
coal
mines,
there
are
no
specific
State
guidelines
addressing
CCW
placement
in
noncoal
mines.
Such
an
activity
would
be
subject
to
the
State's
regulations
for
noncoal
mining
operations
(
summarized
below)
and
the
solid
waste
regulations.
According
to
John
Britvec,
DEP,
the
placement
of
CCW
in
a
noncoal
mine
would
most
likely
not
be
allowed
by
the
solid
waste
program
but,
if
allowed,
would
require
a
solid
waste
permit.
He
also
noted
that
it
was
unlikely
that
a
request
would
be
made
to
place
CCW
in
a
noncoal
mine
since
the
State
has
an
established
an
effective
program
for
CCW
placement
in
coal
mines.

West
Virginia's
noncoal
surface
mining
permit
regulations
require
the
following:
°
Public
notice
and
comment.
°
Information
on
fish
and
wildlife
resources,
endangered
species,
historic
places
and
archaeological
sites,
and
water
quantity.
°
A
site
assessment,
including
baseline
surface
and
ground­
water
monitoring.
°
A
drainage
plan,
including
sediment
control
structures.
°
Toxic
materials
must
be
handled
in
such
a
way
as
to
prevent
water
pollution.
°
Reclamation
of
all
disturbed
areas
in
accordance
with
a
reclamation
plan.
°
The
material
used
to
backfill,
reduce,
or
eliminate
a
highwall
must
be
sufficiently
compacted
or
otherwise
mechanically
stabilized
to
ensure
stability
of
the
backfill.
Compliance
with
the
regulation's
detailed
fill
specifications
is
required.
°
Revegetation
with
native
species
or
introduced
species
that
are
compatible
to
the
approved
postmining
land
use.
°
Financial
assurance.
Release
of
the
bond
is
upon
completion
of
reclamation
(
which
is
once
the
vegetation
meets
the
appropriate
evaluation
standards)
and
after
the
requirements
of
the
permit
have
been
fully
complied
with.

References
West
Virginia
Statute:
W.
Va.
Code,
Chapter
22,
Article
4
West
Virginia
Regulations:
Title
38,
Series
3
John
Britvec,
Division
of
Water
Resources,
West
Virginia
Department
of
Environmental
Protection
(
personal
communication,
12/
12/
01)
State
CCW
Mine
Placement
Regulations
and
Policy
159
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
WISCONSIN:
Noncoal
Mines
The
oversight
authority
and
applicable
regulations
for
the
placement
of
CCW
in
a
noncoal
mine
site
depends
on
whether
it
is
an
active
or
abandoned
mine.

For
abandoned
noncoal
mines,
the
Department
of
Natural
Resources,
Solid
Waste
Program
has
sole
jurisdiction.
If
a
determination
is
made
that
the
placement
of
the
CCW
is
strictly
for
disposal
purposes,
then
it
would
be
regulated
as
such
under
the
solid
waste
regulations
explained
in
Regulation
of
Landfills
and
Surface
Impoundments
Managing
Coal
Combustion
Waste
in
26
States.
If
the
CCW
is
to
be
used
to
fill
an
abandoned
mine
for
purposes
of
stabilization,
for
example,
it
would
be
subject
to
the
State's
solid
waste
"
beneficial
reuse"
regulations
(
Chapter
NR
538,
Wis.
Adm.
Code)
and
be
exempt
from
licensing.
The
beneficial
reuse
provisions
dictate
the
following:

°
Performance
standards,
such
as
no
significant
adverse
impact
on
wetlands,
critical
habitat
areas,
surface
water
quality,
or
groundwater
quality.
°
Allowed
use
as
physical
stabilization
and
as
geotechnical
fill
material.
°
Public
participation
(
notice
and
comment)
efforts
required
for
use
as
geotechnical
fill.

If
the
placement
of
the
waste
is
in
association
with
an
active
noncoal
mining
operation,
the
activity
would
be
regulated
under
the
metallic
mining
codes
(
NR
132
and
182)
by
the
Department
of
Natural
Resources,
Mining
Program.
The
metallic
mining
provisions
are
very
similar
to
SMCRA
and
require
a
permit
that
is
reviewed
annually
by
DNR.
Included
below
are
some
key
general
requirements
and
the
additional
requirements
applicable
in
the
case
of
disposal
of
mining
waste.
The
latter,
as
noted
by
Larry
Lynch,
DNR
Mining
Program,
would
be
applied
to
CCW
at
the
mine
site
even
though
it
is
not
mining
waste.

In
General
°
Mining
plan
with
details
of
the
mining
operations
and
pollution
controls
°
Performance
standards,
including:
<
Grading
and
stabilization
in
conformance
with
State
and
federal
environmental
and
safety
requirements
and
to
prevent
erosion
and
environmental
pollution
<
Compliance
with
all
applicable
air,
ground
and
surface
water
and
solid
waste
and
toxic
waste
disposal
laws
and
rules
<
Identification
and
prevention
of
significant
environmental
pollution
<
All
underground
and
surface
runoff
waters
from
the
mining
site
must
be
handled
as
to
prevent
soil
erosion,
flooding,
pollution
of
ground
or
surface
waters,
or
damage
to
animals
or
the
public
health.
10
Applicable
to
CCW
disposal
as
discussed
above.

State
CCW
Mine
Placement
Regulations
and
Policy
160
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
°
Location
criteria
(
applicable
since
1978).
Nothing
mining
related
can
be
located
within:
<
Areas
identified
as
unsuitable
<
1,000
feet
of
any
navigable
lake,
pond,
or
flowage
<
300
feet
of
a
navigable
river
or
stream
<
A
floodplain
<
1,000
feet
of
the
right­
of­
way
for
State
and
federal
highways,
scenic
easements
and
overlooks,
State
public
parks,
wild
and
scenic
rivers,
or
a
bike
or
hiking
trail
<
Wetlands
°
Reclamation
plan,
including:
<
A
detailed
map
<
Ongoing
reclamation
procedures
during
mining
operations
<
Proposed
final
land
use
and
relationship
to
surrounding
land
<
Plans
for
long­
term
maintenance
of
the
mining
site
<
If
not
returning
affected
area
to
its
original
state,
an
explanation
of
why
not
°
Monitoring
plan,
including:
<
Baseline
monitoring
data
<
Ongoing
monitoring
of
wastes
and
ground­
water
and
surface
water
quality
<
If
ground­
water
quality
is
statistically
significantly
different
from
baseline
or
background,
need
to
notify
DNR
and
implement
contingency
plan.
<
DNR
may
require
additional
monitoring
during
the
course
of
the
permitted
activity
°
Performance
bond
or
insurance
required
to
cover
operations,
any
remedial
actions
necessary
while
active,
and
final
remediation.
The
bond
is
released
upon
issuance
of
a
certificate
of
completion
of
reclamation
for
the
entire
mining
site.

Additional
Requirements
When
Disposing
of
Mining
Waste10
(
to
be
incorporated
into
the
mining,
monitoring,
and
reclamation
plans
above)
°
Additional
location
criteria.
No
disposal
at
a
mine
may
occur
within:
<
1,200
feet
of
any
public
or
private
water
supply
well
<
An
area
likely
to
be
mined
in
the
future
<
200
feet
of
the
property
line
State
CCW
Mine
Placement
Regulations
and
Policy
161
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
<
An
area
where
there
is
a
reasonable
probability
that
the
disposal
will
result
in
a
violation
of
applicable
surface
water
and
ground­
water
quality
criteria
and
standards
°
Ground­
water
quality
and
quantity
standards
(
and
design
criteria
to
meet
standards).
°
Feasibility
report,
including
waste
characterization
and
analysis.
°
Operation
plan
for
disposal,
closure,
and
long­
term
care.
Includes
an
economic
analysis
for
site
closing
and
long­
term
care.
°
Leachate
management
system
required
if
disposal
area
is
lined
or
has
low
permeability
soils.
Liner
or
soils
must
be
compatible
with
the
waste.
°
May
require
monitoring
of
leachate
and
any
physical
features
to
assess
the
impact
of
the
disposal
on
critical
aquatic
and
terrestrial
ecosystems.
°
Final
slopes
between
2
and
33%.
°
Final
cover
to
minimize
infiltration.
°
Closure
in
accordance
with
mining
reclamation
plan.
°
Record
keeping
and
reporting.
°
Performance
bond
must
additionally
cover
disposal­
specific
closure
costs
and
long­
term
care
for
a
period
of
30
years.
Application
for
early
termination
of
the
long­
term
care
may
be
submitted
after
10
years
of
closure.

Finally,
while
the
backfilling
of
active
underground
mines
would
not
be
regulated
as
a
waste
disposal
activity,
certain
basic
environmental
protection
mechanisms
would
still
be
applied.
Specifically,
the
backfilling
activity
must
comply
with
the
State's
ground­
water
quality
and
drinking
water
standards
and
the
storage,
transportation
and
handling
of
the
material
must
not
result
in
violations
of
the
regulations
applicable
to
ground
water,
surface
water
and
air
quality
protection.
Use
of
such
material
for
backfilling
or
as
an
additive
to
other
backfill
material
would
be
reviewed
as
part
of
the
comprehensive
mine
permitting
and
environmental
impact
statement
process.
Any
material
used
for
backfilling
would
also
be
subjected
to
waste
characterization
studies
to
assess
its
acceptability
for
use
as
backfill
and
determine
any
environmental
concerns
associated
with
the
intended
use.
State
CCW
Mine
Placement
Regulations
and
Policy
162
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
References
Wisconsin
Regulations:
NR
538
et
seq.;
NR
132
et
seq.;
NR
182
et
seq.

Lawrence
Lynch,
Mining
Team
Leader,
Bureau
of
Waste
Management,
Wisconsin
Department
of
Natural
Resources
(
personal
communication,
10/
24/
01)
State
CCW
Mine
Placement
Regulations
and
Policy
163
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
WYOMING:
Coal
Mines
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.
State
CCW
Mine
Placement
Regulations
and
Policy
164
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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.
WYOMING
State
CCW
Mine
Placement
Regulations
and
Policy
165
**
Revised
DRAFT
­
do
not
cite
or
quote**
August
2002
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
b
asis.
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
ground
water
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.
