MINE
PLACEMENT
OF
COAL
COMBUSTION
WASTE
STATE
PROGRAM
ELEMENTS
ANALYSIS
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do
not
cite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not
for
citation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.
Page
1
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
Mine
Placement
of
Coal
Combustion
Waste
State
Program
Elements
Analysis
This
document
summarizes
elements
of
State
regulatory
programs
applicable
to
the
placement
of
coal
combustion
waste
(
CCW)
in
surface
or
underground
mines.
This
document
does
not
comment
on
the
adequacy
of
individual
State
programs;
it
summarizes
the
program
elements
of
the
State
programs.
This
analysis
is
in
the
form
of
tables
that
identify
the
program
elements
pertaining
to
mine
placement
oversight
in
each
State
for
coal
mines
and
noncoal
mines
(
e.
g.,
sand,
gravel,
limestone,
clay).

The
information
presented
in
this
document
is
summarized
from
the
detailed
analysis
conducted
in
Regulation
and
Policy
Concerning
Mine
Placement
of
Coal
Combustion
Waste
in
Selected
States
(
DRAFT,
August
2002).
The
States
covered
in
that
document
include:

°
The
States
with
the
largest
number
of
coal
mines,
which
includes
all
of
the
members
and
associate
members
of
the
Interstate
Mining
Compact
Commission
(
IMCC),
except
North
Carolina,
South
Carolina,
and
New
Mexico,
and
°
The
States
with
the
greatest
estimated
likelihood
of
CCW
placement
into
noncoal
mines.

In
total,
this
document
covers
all
but
two
of
the
States
covered
in
the
detailed
analysis.
Louisiana
and
Utah
are
not
included
in
this
document
because
there
is
currently
no
placement
of
CCW
in
coal
mines
in
these
States
and
EPA
has
not
yet
identified
the
applicable
regulatory
requirements.
The
Navajo
Nation
also
is
not
included
because
it
lacks
regulatory
jurisdiction
over
mine
placement
within
its
boundaries.

The
applicable
programs
in
many
States
operate
under
the
authority
of
the
Federal
Surface
Mining
Control
and
Reclamation
Act
of
1977
(
SMCRA).
SMCRA
requires
that
State
regulations
for
coal
mines
be
at
least
as
stringent
as
Federal
regulations
promulgated
by
the
U.
S.
Department
of
Interior
Office
of
Surface
Mine
Reclamation
and
Enforcement
(
OSM).
As
a
result,
the
tables
presented
herein
use
the
following
conventions
to
describe
program
elements:

°
For
program
elements
that
are
included
in
the
Federal
SMCRA
regulations,
the
tables
show:
 
"
S"
for
States
whose
program
is
substantively
similar
to
that
required
under
SMCRA.
 
"
S+"
for
States
whose
program
is
more
stringent
or
have
requirements
in
addition
to
those
required
under
SMCRA.

°
For
program
elements
that
are
not
covered
by
Federal
SMCRA
regulations,
the
tables
show:
 
An
"
X"
for
States
whose
program
includes
the
program
element.
 
A
blank
for
States
whose
program
does
not
include
the
program
element.
 
"
CBC"
for
States
that
apply
the
program
element
on
a
case­
by­
case
basis.
 
A
question
mark
for
States
where
the
presence
of
the
program
element
could
not
be
determined
by
EPA.
Page
2
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
1
In
six
of
these
States,
the
need
to
address
CCW
placement
in
the
SMCRA
permit
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

2
In
six
of
these
States,
the
determination
of
the
revision
as
major
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

3
In
one
of
these
States,
the
determination
of
the
revision
as
minor
depends
on
whether
a
project
is
classified
as
beneficial
use
(
as
opposed
to
disposal)
by
the
State.

4
Two
of
these
States
determine
the
type
of
SMCRA
revision
on
a
case­
by­
case
basis
depending
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.
The
following
sections
provide
a
synopsis
of
the
program
elements
specified
in
each
column
of
the
tables.
The
program
elements
for
coal
mines
are
presented
in
Tables
1
through
5
while
those
for
noncoal
mines
are
presented
in
Tables
6
through
10.
The
regulatory
programs
applicable
to
placement
of
CCW
often
differ
greatly
for
coal
mines
versus
noncoal
mines
because
noncoal
mines
are
not
regulated
under
SMCRA.
Note
that
some
States
have
additional
program
elements
that
are
not
covered
by
the
columns
in
the
tables.

Table
1:
Administrative
Program
Elements
for
COAL
Mines
Address
CCW
in
SMCRA
Permit
SMCRA
requires
a
permit
covering
all
coal
mining
and
reclamation
operations.
Fifteen
of
the
23
States
profiled
for
coal
mine
placement
require
that
this
SMCRA
permit
specifically
address
CCW
placement
(
e.
g.,
through
identification
of
the
CCW
placement
areas
in
the
permit
application).
1
Two
States
do
not
address
the
CCW
placement
in
the
SMCRA
permit.

Action
Item:
EPA
could
not
identify
whether
six
of
the
States
explicitly
address
CCW
placement
in
SMCRA
permits.

Type
of
Revision
to
SMCRA
Permit
When
CCW
placement
is
proposed
following
the
issuance
of
a
SMCRA
permit,
eight
of
the
23
States
treat
the
proposal
as
a
major
permit
revision.
2
Two
States
treat
this
as
a
minor
permit
revision.
3
Three
States
determine
the
type
of
revision
on
a
case­
by­
case
basis.
4
Action
Item:
EPA
could
not
identify
the
type
of
permit
revision
for
eight
of
the
States.

Additional
Permit,
Notification,
or
Approval
Page
3
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
5
In
six
of
these
States,
the
need
for
additional
approval
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

6
One
of
these
States
determines
the
need
for
additional
approval
on
a
case­
by­
case
basis
depending
on
whether
a
project
is
classified
as
beneficial
use
(
as
opposed
to
disposal)
by
the
State.

7
In
six
of
these
States,
the
need
for
public
participation
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

8
In
two
of
these
States,
the
case­
by­
case
determination
of
the
need
for
public
participation
depends
on
whether
the
project
is
classified
as
beneficial
use
(
as
opposed
to
disposal)
by
the
State.

9
In
three
of
these
States,
the
public
availability
of
data
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.
Fourteen
of
the
23
States
require
some
form
of
regulatory
agency
approval
(
e.
g.,
a
State
solid
waste
permit)
prior
to
CCW
placement
in
addition
to
(
i.
e.,
outside
of)
the
SMCRA
permit.
5
Two
more
States
determine
the
need
for
additional
approval
on
a
case­
by­
case
basis
(
e.
g.,
depending
on
the
characteristics
of
the
CCW).
6
Public
Participation
in
Permitting
SMCRA
requires
public
participation
(
public
notice,
comment,
and
access
to
the
permit
application
and
final
decision)
for
an
application
for
a
permit,
a
major
(
but
not
minor)
revision
of
a
permit,
or
a
renewal
of
a
permit.
Thus,
SMCRA
public
participation
requirements
would
be
applicable
to
CCW
placement
projects
in
States
where
(
1)
the
SMCRA
permit
addresses
CCW
placement,
and
(
2)
proposals
to
place
CCW
are
treated
as
major
permit
revisions.
Some
States
have
additional
public
participation
provisions
(
e.
g.,
as
part
of
their
solid
waste
permitting
program).
In
total,
12
of
the
23
States
incorporate
public
participation
in
permitting.
7
Five
more
of
the
23
States
determine
the
need
for
public
participation
on
a
case­
by­
case
basis.
8
Action
Item:
EPA
could
not
identify
whether
there
is
public
participation
for
permitting
in
the
other
seven
States.

Public
Availability
of
Monitoring/
Inspection
Data
This
program
element
covers
whether
members
of
the
public
have
access
to
ongoing
monitoring
results
and
inspection
reports.
While
EPA
has
not
yet
completed
identification
of
this
program
element
for
all
23
States,
it
has
found
that
seven
of
the
23
States
do
provide
public
access
to
items
such
as
ongoing
monitoring
results
and
inspection
reports.
9
Action
Item:
EPA
has
not
yet
completed
identification
of
this
program
element
in
the
other
16
States.

Public
Participation
in
Compliance
Page
4
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
10
In
three
of
these
States,
the
opportunity
for
public
participation
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

11
In
eight
of
these
States,
the
need
to
address
CCW
placement
in
the
reclamation
plan
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

12
In
eight
of
these
States,
the
need
to
address
CCW
placement
in
the
site
characterization/
PHC
determination
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.
This
program
element
covers
whether
members
of
the
public
have
the
opportunity
to
participate
in
compliance
assessment
or
the
implementation
of
compliance
activities
for
projects
subject
to
compliance
action.
While
EPA
has
not
yet
completed
identification
of
this
program
element
for
all
23
States,
it
has
found
that
seven
of
the
23
States
do
provide
opportunity
for
public
participation
in
compliance.
10
Action
Item:
EPA
has
not
yet
completed
identification
of
this
program
element
in
the
other
16
States.

Table
2:
Planning
and
Enforcement
Program
Elements
for
COAL
Mines
Address
CCW
in
Reclamation
Plan
SMCRA
requires
a
reclamation
plan
that
provides
for
the
protection
of
the
environment
and
public
safety.
Fifteen
of
the
23
States
require
that
the
reclamation
plan
specifically
address
CCW
placement
(
e.
g.,
through
inclusion
of
a
CCW
placement
plan).
11
Action
Item:
EPA
could
not
identify
whether
seven
of
the
States
specifically
address
CCW
placement
in
the
reclamation
plan.

Address
CCW
in
Site
Characterization/
PHC
Determination
SMCRA
requires
that
the
reclamation
plan
include
characterization
of
the
mine
site
(
e.
g.,
geologic
and
hydrologic
information).
SMCRA
also
requires
a
hydrologic
reclamation
plan
specific
to
local
conditions
and
a
probable
hydrologic
consequences
(
PHC)
determination.
Twelve
of
the
23
States
require
that
these
site
characterization
and
planning
activities
specifically
address
CCW
placement
(
e.
g.,
through
background
monitoring
surrounding
the
placement
area).
12
Action
Item:
EPA
could
not
determine
whether
the
other
11
States
specifically
address
CCW
placement
in
these
activities.

Siting
Restrictions
Page
5
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
13
In
nine
o
f
these
States,
the
need
to
have
more
stringent
siting
requirement
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

14
In
five
of
these
States,
the
need
to
address
acid
mine
drainage
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

15
In
five
of
these
States,
the
application
of
enforceable
limits
and/
or
corrective
action
requirements
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.
SMCRA
places
restrictions
on
where
surface
coal
mining
operations,
in
general,
may
be
conducted
(
e.
g.,
not
within
300
feet
of
occupied
dwellings,
parks,
or
public
buildings).
Fourteen
of
the
23
States
have
additional,
more
stringent
location
standards
specifically
for
CCW
placement.
13
Address
Acid
Mine
Drainage/
Acid­
Base
Balance
Six
of
the
23
States
have
special
requirements
applicable
to
CCW
placement
when
acid
mine
drainage
is
present
or
when
the
placement
is
designed
to
remediate
acid
mine
drainage.
14
Examples
of
such
requirements
include
characterization
of
the
neutralization
potential
of
the
CCW
or
complete
acid­
base
accounting
for
the
CCW
and
the
placement
environment.

Formal
Risk
Assessment
Focused
on
CCW
This
means
that
a
formal
risk
assessment
is
required
as
part
of
the
planning
process
for
CCW
placement.
While
EPA
has
not
yet
completed
identification
of
this
program
element
for
all
23
States,
it
has
found
that
one
of
the
23
States
has
a
risk
assessment
element
in
place
and
another
State
determines
the
need
to
do
a
risk
assessment
on
a
case­
by­
case
basis
for
disposal
projects
(
as
opposed
to
beneficial
use).

Action
Item:
EPA
has
not
yet
completed
identification
of
this
program
element
for
16
of
the
States.

Enforceable
Limits/
Corrective
Action
Requirements
SMCRA
requires
compliance
with
all
applicable
Federal
and
State
water
quality
requirements
and
with
all
permit
conditions.
In
the
event
of
noncompliance
with
a
permit
condition,
permittees
must
take
all
possible
steps
to
minimize
adverse
impacts,
including,
but
not
limited
to:
accelerated
or
additional
monitoring
and
implementation
of
compliance
measures.
Nine
of
the
23
States
have
enforceable
limits
(
e.
g.,
numerical
standards)
specific
to
CCW
placement
projects
and/
or
more
specific
corrective
action
requirements
(
e.
g.,
identifying
when
corrective
action
is
required
and/
or
what
measures
should
be
taken)
applicable
to
CCW
placement
projects.
15
Page
6
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
16
In
eight
of
these
States,
the
requirement
for
pre­
placement
waste
characterization
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

17
In
eight
of
these
States,
the
requirement
for
ongoing
waste
characterization
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

18
In
nine
o
f
these
States,
the
applicability
of
the
waste
characteristic
limits
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

19
In
nine
of
these
States,
the
need
for
additional
or
more
specific
monitoring
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

20
In
one
of
these
States,
the
possible
determination
of
a
need
for
additional
or
more
specific
monitoring
depends
on
whether
a
project
is
classified
as
beneficial
use
(
as
opposed
to
disposal)
by
the
State.

21
In
five
of
these
States,
the
need
for
additional
or
more
specific
post­
closure
monitoring
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

22
In
three
of
these
States,
the
possible
determination
of
a
need
for
additional
or
more
specific
post­
closure
monitoring
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.
Table
3:
Waste
Characterization
and
Monitoring
Program
Elements
for
COAL
Mines
Waste
Characterization
Seventeen
of
the
23
States
require
chemical
analysis
(
e.
g.,
through
leachate
testing)
of
CCW
prior
to
the
start
of
placement.
16
Ten
of
these
States
also
require
ongoing
characterization
during
placement
(
e.
g.,
quarterly,
annually,
or
when
the
source
of
the
CCW
changes).
17
Thirteen
States
have
specific
numerical
standards
that
CCW
must
meet
before
being
considered
acceptable
for
placement.
18
Action
Item:
EPA
could
not
determine
the
applicability
of
this
program
element
for
one
State.

Groundwater
Monitoring
SMCRA
requires
groundwater
monitoring
to
be
designed
on
a
site­
specific
basis
based
on
the
PHC
determination.
At
a
minimum,
SMCRA
requires
monitoring
for
four
parameters,
with
submission
of
data
every
three
months,
that
continues
until
bond
release.
Eleven
of
the
23
States
have
additional
or
more
stringent
requirements
(
e.
g.,
more
minimum
parameters,
specific
monitoring
of
the
CCW
placement
area)
for
monitoring
during
CCW
placement.
19
Five
more
States
determine
the
need
for
additional
monitoring
for
CCW
placement
projects
during
placement
on
a
case­
by­
case
basis.
20
Six
of
the
11
States
extend
their
more
stringent
monitoring
requirements
to
the
post­
closure
period.
21
Six
more
States
determine
the
need
for
additional
post­
closure
monitoring
on
a
case­
by­
case
basis.
22
Action
Item:
EPA
could
not
determine
the
applicability
of
this
program
element
for
one
State.
Page
7
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
23
In
two
of
the
States
with
surface
water
monitoring
requirements
that
are
more
stringent
than
SMCRA,
the
applicability
of
the
requirements
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

24
In
seven
of
these
States,
the
applicability
of
the
groundwater
table
restrictions
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

25
In
five
of
these
States,
the
need
for
compaction
or
other
waste
conditioning
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

26
Two
of
these
States
may
require
compaction
only
for
projects
that
are
classified
as
beneficial
use
(
as
opposed
to
disposal).
Surface
Water
Monitoring
This
program
element
covers
whether
States
require
more
stringent
or
additional
surface
water
monitoring
than
that
required
by
SMCRA.
While
EPA
has
not
yet
completed
identification
of
this
program
element,
it
has
found
that
two
States
have
requirements
no
more
stringent
than
SMCRA
for
monitoring
during
placement
and
post­
closure,
two
States
have
more
stringent
requirements
than
SMCRA,
and
one
State
addresses
surface
water
monitoring
on
a
case­
by­
case
basis
for
beneficial
use
projects
(
as
opposed
to
disposal).
23
Action
Item:
EPA
has
not
yet
completed
identification
of
this
program
element
for
the
other
18
States.

Table
4:
Design
and
Operational
Program
Elements
for
COAL
Mines
Groundwater
Table
Restrictions
Ten
of
the
23
States
require
that
CCW
be
placed
a
certain
minimum
distance
(
e.
g.,
eight
feet,
four
feet)
above
the
water
table,
while
one
State
requires
it
only
on
a
case­
by­
case
basis.
24
Action
Item:
EPA
could
not
determine
the
applicability
of
this
program
element
for
one
State.

Compaction
or
Other
Waste
Conditioning
Six
of
the
23
States
have
requirements
regarding
compaction
of
CCW
during
placement.
25
Four
of
these
States
require
compaction;
the
other
two
require
that
applicants
describe
procedures
for
compaction
in
the
operating
plan.
In
addition,
three
States
require
compaction
on
a
case­
by­
case
basis.
26
Interim
Cover
Two
of
the
23
States
require
periodic
(
e.
g.,
daily)
cover
over
the
CCW
during
placement
(
for
disposal
projects
only,
as
opposed
to
beneficial
use),
while
one
requires
it
on
a
case­
by­
case
basis
(
for
beneficial
use
projects
only).
Page
8
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
27
In
nine
of
these
States,
the
need
for
fugitive
dust
controls
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

28
In
five
of
these
States,
the
need
for
specific
erosion
control
requirements
depends
on
whether
the
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

29
In
six
of
these
States,
the
need
for
sp
ecific
final
co
ver
requirements
depends
on
whether
the
pro
ject
is
classified
as
disposal
or
beneficial
use
by
the
State.
Action
Item:
EPA
could
not
determine
the
applicability
of
this
program
element
for
one
State.

Fugitive
Dust
Controls
SMCRA
requires
an
air
pollution
control
plan
for
mine
sites.
Eleven
of
the
23
States
have
explicit
requirements
for
fugitive
dust
control
specifically
for
CCW
placement.
27
Erosion/
Surface
Runoff
Controls
SMCRA
requires
that
disturbed
areas
be
backfilled
and
graded
to
minimize
erosion
and
water
pollution.
Eight
of
the
23
States
have
explicit
requirements
for
erosion
or
runoff
controls
specifically
for
CCW
placement
areas.
28
Table
5:
Closure
and
Post­
Closure
Program
Elements
for
COAL
Mines
Final
Cover
SMCRA
requires
a
minimum
of
2
feet
of
soil
cover
for
final
disposal
of
noncoal
mine
waste.
Eight
of
the
23
States
specifically
require
final
cover
over
CCW
placement
areas.
29
Revegetation
SMCRA
requires
revegetation
over
areas
used
for
final
disposal
of
noncoal
mine
waste.
One
State
has
specific
standards
for
revegetation
of
CCW
placement
areas
for
projects
classified
as
disposal
(
as
opposed
to
beneficial
use)
by
the
State.

Financial
Assurance/
Bonding
SMCRA
requires
a
performance
bond
that
covers
the
entire
permit
area,
with
release
contingent
on
successful
completion
of
the
reclamation
plan,
including
revegetation.
Four
of
the
23
States
have
more
specific
or
stringent
financial
assurance
requirements
(
e.
g.,
specific
financial
assurance
for
the
CCW
placement
project,
a
liability
period
that
extends
beyond
the
SMCRA
Page
9
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
30
Three
of
these
States
have
specific
financial
assurance
requirements
only
for
projects
that
are
defined
as
disposal
(
as
opposed
to
beneficial
use)
b
y
the
State.

31
In
two
o
f
these
States,
the
requirement
to
obtain
a
mining
permit
depends
on
whether
a
pro
ject
is
classified
as
beneficial
use
(
as
opposed
to
dispo
sal)
by
the
State.

32
In
two
of
these
States,
the
requirement
to
ob
tain
a
solid
waste
permit
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

33
In
five
of
these
States,
the
requirement
to
obtain
a
solid
waste
permit
depends
on
whether
a
project
is
classified
as
disposal
(
as
opposed
to
beneficial
use)
by
the
State.

34
In
one
of
these
States,
the
potential
requirement
to
obtain
a
solid
waste
permit
depends
on
whether
a
project
is
classified
as
disposal
(
as
opposed
to
beneficial
use)
by
the
State.
liability
period).
30
Four
more
States
determine
the
need
for
more
stringent
financial
assurance
requirements
on
a
case­
by­
case
basis.

Post­
closure
Site
Utilization
Restrictions
This
program
element
covers
whether
States
place
restrictions
on
the
post­
closure
use
of
CCW
placement
areas.
While
EPA
has
not
yet
completed
identification
of
this
program
element,
it
has
found
that
one
State
does
place
site
utilization
restrictions
for
disposal
projects
(
as
opposed
to
beneficial
use)
and
another
State
places
such
restrictions
on
a
case­
by­
case
basis
for
beneficial
use
projects.

Action
Item:
EPA
has
not
yet
completed
identification
of
this
program
element
for
18
of
the
States.

Table
6:
Administrative
Program
Elements
for
NONCOAL
Mines
Mining
Permit
Specifically
Addressing
CCW
A
SMCRA
permit
is
not
required
for
noncoal
mining,
however,
a
majority
of
States
do
require
some
type
of
permit
coverage
for
noncoal
mining
and
reclamation
operations.
Fourteen
of
the
26
States
profiled
for
noncoal
mine
placement
require
that
the
State
mining
permit
specifically
address
CCW
placement
(
e.
g.,
through
identification
of
the
CCW
placement
areas
in
the
permit
application).
31
Solid
Waste
Disposal
Permit
In
seven
of
the
26
States,
a
solid
waste
disposal
permit
is
required
in
addition
to
a
State
mining
permit.
32
An
additional
11
of
the
26
States
require
a
solid
waste
permit
but
no
mining
permit.
33
Three
of
the
26
States
require
a
solid
waste
disposal
permit
on
a
case­
by­
case
basis.
34
Other
Notification
or
Approval
Page
10
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
35
In
four
of
these
States,
the
requirement
to
provide
additional
notification
or
approval
depends
on
whether
a
project
is
classified
as
beneficial
use
(
as
opposed
to
disposal)
by
the
State.

36
In
five
of
these
States,
public
participation
requirements
depend
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.
In
another
one
of
these
States
it
depends
on
whether
it
is
an
active
(
as
opposed
to
abandoned)
mine.

37
In
one
of
these
States,
the
potential
for
public
participation
in
the
permitting
process
depends
on
whether
the
project
is
defined
as
disposal
(
as
opposed
to
beneficial
use)
and
in
another
State
it
depends
on
whether
CCW
placement
will
occur
in
an
abandoned
(
as
opposed
to
active)
mine.
Eight
of
the
26
States
require
some
form
of
regulatory
agency
notification
or
approval
prior
to
CCW
placement.
35
Two
of
these
States
require
it
in
addition
to
(
i.
e.,
outside
of)
the
State
mining
permit,
one
State
requires
it
in
addition
to
the
State
solid
waste
permit,
and
another
State
requires
it
in
addition
to
both
the
State
mining
permit
and
solid
waste
permit.
One
State
determines
the
need
for
additional
approval
on
a
case­
by­
case
basis
(
e.
g.,
depending
on
the
characteristics
of
the
CCW).

Public
Participation
in
Permitting
Similar
to
SMCRA
permits,
State
mining
and
solid
waste
permits
often
require
public
participation
(
public
notice,
comment,
and
access
to
the
permit
application
and
final
decision)
for
an
application
for
a
permit,
a
major
(
but
not
minor)
revision
of
a
permit,
or
a
renewal
of
a
permit.
In
total,
21
of
the
26
States
incorporate
public
participation
in
permitting.
36
An
additional
two
States
determine
the
need
for
public
participation
on
a
case­
by­
case
basis.
37
Public
Availability
of
Monitoring/
Inspection
Data
This
program
element
covers
whether
members
of
the
public
have
access
to
ongoing
monitoring
results
and
inspection
reports.
While
EPA
has
not
completed
identification
of
this
program
element,
it
has
found
that
three
States
do
make
such
information
available.

Action
Item:
EPA
has
not
yet
completed
identification
of
this
program
element
for
the
other
23
States.

Public
Participation
in
Compliance
This
program
element
covers
whether
members
of
the
public
have
the
opportunity
to
participate
in
compliance
assessment
or
the
implementation
of
compliance
activities
for
projects
subject
to
compliance
action.
While
EPA
has
not
completed
identification
of
this
program
element,
it
has
found
that
three
States
do
provide
opportunity
for
public
participation.

Action
Item:
EPA
has
not
yet
completed
identification
of
this
program
element
for
the
other
23
States.
Page
11
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
38
In
two
of
these
States,
the
need
to
address
CCW
placement
in
the
reclamation
plan
depends
on
whether
a
project
is
classified
as
b
eneficial
use
(
as
opposed
to
dispo
sal)
by
the
State.

39
In
two
of
these
States,
the
need
to
address
CCW
placement
in
the
site
characterization
depends
on
whether
a
pro
ject
is
classified
as
beneficial
use
(
as
opp
osed
to
disposal)
by
the
State.
In
another
one
of
these
States,
it
depends
on
whether
it
is
an
abandoned
(
as
opposed
to
active)
mine.

40
In
one
of
these
States,
the
potential
application
of
site
characterization
requirements
depends
on
whether
the
project
is
classified
as
disposal
(
as
opposed
to
beneficial
use),
while
in
another
State
it
depends
on
whether
placement
will
occur
in
an
active
(
as
opposed
to
abandoned)
mine.
Table
7:
Planning
and
Enforcement
Program
Elements
for
NONCOAL
Mines
Reclamation
Plan
Specifically
Addressing
CCW
Fourteen
of
the
26
States
require
that
the
reclamation
plan
(
where
required)
specifically
address
CCW
placement
(
e.
g.,
through
inclusion
of
a
CCW
placement
plan).
38
Action
Item:
EPA
could
not
determine
whether
one
of
the
States
specifically
addresses
CCW
placement
in
the
reclamation
plan.

Site
Characterization
Specifically
Addressing
CCW
Eight
of
the
26
States
require
that
site
characterization
and
planning
activities
(
e.
g.,
geologic
and
hydrologic
information)
specifically
address
CCW
placement
(
e.
g.,
through
background
monitoring
surrounding
the
placement
area).
39
In
addition,
two
States
require
site
characterization
on
a
case­
by­
case
basis.
40
Action
Item:
EPA
could
not
determine
whether
five
of
the
States
specifically
address
CCW
placement
in
these
activities.
Page
12
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
41
In
seven
of
these
States,
the
need
to
adhere
to
siting
restrictions
depends
on
whether
a
project
is
classified
as
disposal
(
as
opposed
to
beneficial
use)
by
the
State.
In
another
one
of
these
States,
it
depends
on
whether
it
is
an
abandoned
(
as
opposed
to
active)
mine.

42
In
one
of
these
States,
the
potential
application
of
siting
restrictions
depends
on
whether
it
is
an
active
(
as
opposed
to
abandoned)
mine.

43
In
five
of
these
States,
the
enforceable
limits/
corrective
action
requirements
apply
only
to
projects
that
are
defined
as
disposal
(
as
opposed
to
beneficial
use)
by
the
S
tate.

44
In
four
of
these
States,
the
applicability
of
pre­
placement
waste
characterization
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.
In
another
one
of
these
States,
it
ap
plies
only
to
abandoned
(
as
opposed
to
active)
mines,
and
in
another
State
it
applies
only
to
active
(
as
opposed
to
abandoned)
mines
Siting
Restrictions
Twenty­
one
of
the
26
States
place
restrictions
on
where
surface
mining
operations,
in
general,
may
be
conducted
(
e.
g.,
not
within
300
feet
of
occupied
dwellings,
parks,
or
public
buildings).
41
In
addition,
four
States
place
restrictions
on
a
case­
by­
case
basis.
42
Enforceable
Limits/
Corrective
Action
Requirements
Seventeen
of
the
26
States
have
enforceable
limits
(
e.
g.,
numerical
standards)
specific
to
CCW
placement
projects
and/
or
more
specific
corrective
action
requirements
(
e.
g.,
identifying
when
corrective
action
is
required
and/
or
what
measures
should
be
taken)
applicable
to
CCW
placement
projects
in
noncoal
mines.
43
In
three
States,
enforceable
limits
and
corrective
action
requirements
are
applied
on
a
case­
by­
case
basis
(
one
is
only
in
the
case
of
active
mines).

Formal
Risk
Assessment
Focused
on
CCW
This
means
that
a
formal
risk
assessment
is
required
as
part
of
the
planning
process
for
CCW
placement.
EPA
has
not
yet
completed
identification
of
this
program
element,
but
it
has
found
that
one
State
does
perform
a
risk
assessment
when
CCW
placement
is
to
occur
in
an
abandoned
mine.

Action
Item:
EPA
has
not
yet
completed
identification
of
this
program
element
for
21
of
the
States.

Table
8:
Waste
Characterization
and
Monitoring
Program
Elements
for
NONCOAL
Mines
Waste
Characterization
Fourteen
of
the
26
States
require
chemical
analysis
(
e.
g.,
through
leachate
testing)
of
CCW
prior
to
the
start
of
placement.
44
Six
of
these
States
also
require
ongoing
characterization
during
Page
13
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
45
In
two
o
f
these
States,
the
applicability
of
the
ongoing
waste
characterization
is
required
only
for
pro
jects
classified
as
disposal
(
as
opposed
to
beneficial
use)
by
the
S
tate.
In
another
one
of
these
States,
it
app
lies
only
to
abandoned
(
as
opposed
to
active)
mines.

46
In
five
of
these
States,
the
applicability
of
the
waste
characteristic
limits
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.

47
In
three
of
these
States,
the
need
for
ground
water
monitoring
depends
on
whether
a
project
is
classified
as
disposal
(
as
opposed
to
beneficial
use)
by
the
State.
In
another
one
of
these
States,
it
applies
only
when
placement
is
to
occur
in
an
abandoned
(
as
opposed
to
active)
mine.

48
Two
of
these
States,
the
potential
applicability
of
ground
water
monitoring
requirements
depends
on
whether
the
project
is
classified
as
disposal
(
as
opposed
to
beneficial
use)
by
the
State.
In
ano
ther
one
of
these
States,
the
requirements
may
apply
only
when
placement
is
to
occur
in
an
active
(
as
opposed
to
abandoned)
mine.
placement
(
e.
g.,
quarterly,
annually,
or
when
the
source
of
the
CCW
changes).
45
Two
States
require
prior
chemical
analysis
only
on
a
case­
by­
case
basis,
with
one
of
them
also
determining
ongoing
characterization
on
a
case­
by­
case
basis.
Twelve
States
have
specific
numerical
standards
that
CCW
must
meet
before
being
considered
acceptable
for
placement.
46
One
State
applies
waste
characteristic
limits
on
a
case­
by­
case
basis
(
when
placement
is
to
occur
in
an
active
mine).

Groundwater
Monitoring
Fourteen
of
the
26
States
have
requirements
for
ground
water
monitoring
during
CCW
placement
and
all
extend
the
requirements
to
the
post­
closure
period.
47
Eight
more
States
determine
the
need
for
monitoring
for
CCW
placement
projects
during
placement
on
a
case­
by­
case
basis
and
all
determine
the
need
for
post­
closure
monitoring
on
a
case­
by­
case
basis,
as
well.
48
Surface
Water
Monitoring
Five
of
the
26
States
have
requirements
for
surface
water
monitoring
during
CCW
placement
and
four
out
of
the
five
extend
the
requirements
to
the
post­
closure
period.
An
additional
four
of
the
26
States
determine
surface
water
monitoring
requirements
on
a
case­
by­
case
for
the
placement
and
post­
closure
periods.

Action
Item:
EPA
has
not
yet
determined
this
program
element
for
nine
States.
Page
14
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
49
In
two
of
these
States,
the
applicability
of
the
water
table
restrictions
depends
on
whether
a
project
is
classified
as
disposal
or
beneficial
use
by
the
State.
Another
one
of
these
States
applies
restrictions
o
nly
to
abandoned
(
as
opposed
to
active)
mines
and
another
State
applies
restrictions
only
to
opencut
mines.

50
In
one
of
these
States,
the
potential
applicability
of
groundwater
table
restrictions
depends
on
whether
the
project
will
be
occurring
in
an
active
(
as
opposed
to
abandoned)
mine.

51
Three
of
these
States
req
uires
compaction
only
for
projects
that
are
defined
as
disposal
(
as
opposed
to
beneficial
use)
by
the
S
tate.

52
Two
of
these
States
requires
interim
cover
only
for
projects
that
are
defined
as
dispo
sal
(
as
opposed
to
beneficial
use)
by
the
S
tate.

53
Two
of
these
States
potentially
require
interim
cover
only
for
projects
that
are
defined
as
disposal
(
as
opposed
to
beneficial
use)
by
the
S
tate.
Table
9:
Design
and
Operational
Program
Elements
for
NONCOAL
Mines
Groundwater
Table
Restrictions
Eight
of
the
26
States
require
that
CCW
be
placed
a
certain
minimum
distance
(
e.
g.,
eight
feet,
four
feet)
above
the
water
table.
49
An
additional
two
States
determine
the
need
for
groundwater
table
restrictions
on
a
case­
by­
case
basis.
50
Action
Item:
EPA
has
not
yet
determined
this
program
element
for
three
States.

Compaction
or
Other
Waste
Conditioning
Twelve
of
the
26
States
have
requirements
regarding
compaction
of
CCW
during
placement.
51
An
additional
two
States
determine
the
need
for
compaction
on
a
case­
by­
case
basis.

Action
Item:
EPA
has
not
yet
determined
this
program
element
for
two
States.

Interim
Cover
Nine
of
the
26
States
require
periodic
(
e.
g.,
daily)
cover
over
the
CCW
during
placement.
52
An
additional
five
States
determine
the
need
for
periodic
cover
on
a
case­
by­
case
basis.
53
Action
Item:
EPA
has
not
yet
determined
this
program
element
for
one
State.

Fugitive
Dust
Controls
Page
15
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
54
In
five
of
these
States,
the
fugitive
dust
control
requirements
depend
on
whether
a
project
is
classified
as
disposal
(
as
opposed
to
beneficial
use)
b
y
the
State.
In
another
one
of
these
States,
the
requirements
apply
only
when
the
CCW
placement
will
occur
in
a
hard
rock
mine,
while
in
another
State
the
requirements
apply
only
when
CCW
placement
will
occur
in
an
abandoned
mine.

55
One
of
these
States
potentially
applies
the
fugitive
dust
co
ntrol
requirements
only
to
active
(
as
opposed
to
abandoned)
mines.

56
Three
of
these
States
have
specific
erosion
control
requirements
only
for
projects
that
are
defined
as
disposal
(
as
opposed
to
beneficial
use)
b
y
the
State,
while
another
one
of
these
States
applies
the
requirements
only
to
CCW
placement
in
abandoned
mines.

57
One
of
these
States
may
require
specific
erosion
control
requirements
only
for
projects
that
are
defined
as
disposal
(
as
opposed
to
beneficial
use)
b
y
the
State,
while
another
one
of
these
States
may
apply
the
requirements
only
to
CCW
placement
in
active
mines.

58
Five
of
these
States
have
specific
final
cover
requirements
only
for
projects
that
are
defined
as
disposal
(
as
opposed
to
beneficial
use)
b
y
the
State.
Another
one
of
these
States
applies
final
cover
requirements
only
to
CCW
placement
in
abandoned
(
as
opposed
to
active)
mines.

59
One
of
these
States
potentially
requires
specific
final
cover
requirements
only
for
projects
that
are
defined
as
disposal
(
as
opposed
to
beneficial
use)
by
the
State.
Another
one
of
these
States
potentially
applies
final
cover
requirements
only
to
CCW
placement
in
active
(
as
opposed
to
abandoned)
mines.
Sixteen
of
the
26
States
have
explicit
requirements
for
fugitive
dust
control
specifically
for
CCW
placement.
54
An
additional
two
States
determine
the
need
for
fugitive
dust
controls
on
a
case­
bycase
basis.
55
Action
Item:
EPA
has
not
yet
determined
this
program
element
for
two
States.

Erosion/
Surface
Runoff
Controls
Eighteen
of
the
26
States
have
explicit
requirements
for
storm
water
erosion
or
runoff
controls
specifically
for
CCW
placement
areas.
56
An
additional
four
States
determine
erosion
and
runoff
controls
on
a
case­
by­
case
basis.
57
Table
10:
Closure
and
Post­
Closure
Program
Elements
for
NONCOAL
Mines
Final
Cover
Nineteen
of
the
26
States
specifically
require
some
type
of
final
cover
over
CCW
placement
areas.
58
An
additional
five
States
determine
the
need
to
apply
final
cover
requirements
on
a
case­
by­
case
basis.
59
Action
Item:
EPA
has
not
yet
determined
whether
this
element
is
applicable
in
one
of
the
States.

Revegetation
Page
16
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
60
In
six
of
these
States,
the
applicability
of
the
revegetation
requirements
depends
on
whether
a
pro
ject
is
classified
as
disposal
or
beneficial
use
by
the
State.

61
Two
of
these
States
potentially
require
revegetation
requirements
only
for
projects
that
are
defined
as
disposal
(
as
opposed
to
beneficial
use)
by
the
State.
Another
one
of
these
States
potentially
applies
final
cover
requirements
only
to
CCW
placement
in
active
(
as
opposed
to
abandoned)
mines.

62
Two
of
these
States
have
financial
assurance
requirements
only
for
projects
that
are
defined
as
disposal
(
as
opposed
to
beneficial
use)
by
the
State.
Another
one
of
these
States
requires
financial
assurance
only
for
CCW
placement
in
abandoned
(
as
opposed
to
active)
mines.

63
One
of
these
States
potentially
requires
financial
assurance
only
for
projects
that
are
defined
as
disposal
(
as
opposed
to
beneficial
use)
b
y
the
State.
Another
one
of
these
States
potentially
requires
financial
assurance
only
for
CCW
placement
in
active
(
as
opposed
to
abandoned)
mines.
Twenty
of
the
26
States
have
specific
standards
for
revegetation
of
CCW
placement
areas.
60
An
additional
four
States
determine
the
applicability
of
revegetation
requirements
on
a
case­
by­
case
basis.
61
Action
Item:
EPA
has
not
yet
determined
whether
this
element
is
applicable
in
one
of
the
States.

Financial
Assurance/
Bonding
Seventeen
of
the
26
States
have
financial
assurance
requirements
(
e.
g.,
specific
financial
assurance
for
the
CCW
placement
project,
a
liability
period
that
extends
beyond
completion
of
reclamation)
for
CCW
placement
in
noncoal
mines.
62
Five
more
States
determine
the
need
for
financial
assurance
requirements
on
a
case­
by­
case
basis.
63
Post­
closure
Site
Utilization
Restrictions
This
program
element
covers
whether
States
place
restrictions
on
the
post­
closure
use
of
CCW
placement
areas.
Although
EPA
has
not
yet
completed
identification
of
this
program
element,
it
has
found
that
one
State
has
in
place
such
restrictions
and
another
State
applies
such
restrictions
on
a
case­
by­
case
basis
to
CCW
placement
in
active
(
as
opposed
to
abandoned)
mines.

Action
Item:
EPA
has
not
yet
completed
identification
of
this
program
element
for
22
States.
Page
17
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
Page
18
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
Notes
for
States
Column:
[
1]
Coal
mine
placement
is
not
currently
occurring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur.
[
2]
Coal
mine
placement
in
the
category
not
shown
here
(
e.
g.,
disposal
if
beneficial
use
is
shown)
is
not
currently
occurring
in
this
State,
so
applicable
program
elements
have
yet
to
be
realized.
[
3]
Coal
mine
placement
is
not
allowed
unless
a
beneficial
use
is
demonstrated.
[
4]
Mining
program
administered
by
Federal
OSM;
additional
program
elements
may
apply
under
State
solid
waste
program.
[
5]
Proposed
regulations
are
pending,
information
presented
is
based
on
the
program
elements
that
currently
apply
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
AB
Program
elements
specific
to
projects
in
abandoned
coal
mines
Key
to
Table
Entries:
Blank
No
program
element
in
place
X
Program
element
in
place
S
State's
program
element
substantively
similar
to
that
required
under
SMCRA
S+
State's
program
element
is
more
stringent/
in
addition
to
that
required
under
SMCRA
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
Shaded
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
Table
1.
Administrative
Program
Elements:
COAL
Mines
State
Permitting
Public
Availability
of
Monitoring/
Inspection
Data
Public
Participation
in
Compliance
Address
CCW
in
SMCRA
Permit
Type
of
Revision
to
SMCRA
Permit
Additional
Permit,
Notification
or
Approval
Public
Participation
in
Permitting
AL
X
Major
X
?
?

AK
?
?
X
?
?
?

AR
[
1]
?
?
X
?
?
?

AZ
[
4]
?
?
CBC
?
?
?

CO
X
?
X
X
X
X
IL
D
X
Major
X
X
X
X
BU
X
CBC
CBC
X
X
IN
D
X
Major
X
X
X
X
BU
None
X
X
X
KS
[
1]
?
?
X
?
?
?

KY
­
D
[
2]
X
CBC
CBC
?
?

MD
X
Minor
CBC
?
?

MO
­
BU
[
2]
X
Major
X
X
?
?

MT
X
CBC
CBC
?
?

NM
?
?
?
?
?

ND
D
None
X
X
X
X
BU
None
X
X
X
OH
­
BU
[
2]
X
Major
X
X
X
X
OK
­
AB
­
D
[
2][
5]
None
X
X
X
X
PA
­
BU
[
3]
X
Major
X
X
X
X
TN
[
1][
4]
X
?
X
?
?
?
Page
19
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
State
Permitting
Public
Availability
of
Monitoring/
Inspection
Data
Public
Participation
in
Compliance
Address
CCW
in
SMCRA
Permit
Type
of
Revision
to
SMCRA
Permit
Additional
Permit,
Notification
or
Approval
Public
Participation
in
Permitting
Notes
for
States
Column:
[
1]
Coal
mine
placement
is
not
currently
occurring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur.
[
2]
Coal
mine
placement
in
the
category
not
shown
here
(
e.
g.,
disposal
if
beneficial
use
is
shown)
is
not
currently
occurring
in
this
State,
so
applicable
program
elements
have
yet
to
be
realized.
[
3]
Coal
mine
placement
is
not
allowed
unless
a
beneficial
use
is
demonstrated.
[
4]
Mining
program
administered
by
Federal
OSM;
additional
program
elements
may
apply
under
State
solid
waste
program.
[
5]
Proposed
regulations
are
pending,
information
presented
is
based
on
the
program
elements
that
currently
apply
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
AB
Program
elements
specific
to
projects
in
abandoned
coal
mines
Key
to
Table
Entries:
Blank
No
program
element
in
place
X
Program
element
in
place
S
State's
program
element
substantively
similar
to
that
required
under
SMCRA
S+
State's
program
element
is
more
stringent/
in
addition
to
that
required
under
SMCRA
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
Shaded
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
TX
D
None
X
X
?
?

BU
X
?
?
?
?

VA
­
BU
[
1][
2]
X
Major
CBC
X
?
?

WA
[
4]
?
?
X
?
?
?

WV
­
BU
[
2]
X
Minor
CBC
?
?

WY
X
Major
X
?
?
Page
20
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
Notes
for
States
Column:
[
1]
Coal
mine
placement
is
not
currently
occurring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur.
[
2]
Coal
mine
placement
in
the
category
not
shown
here
(
e.
g.,
disposal
if
beneficial
use
is
shown)
is
not
currently
occurring
in
this
State,
so
applicable
program
elements
have
yet
to
be
realized.
[
3]
Coal
mine
placement
is
not
allowed
unless
a
beneficial
use
is
demonstrated.
[
4]
Mining
program
administered
by
Federal
OSM;
additional
program
elements
may
apply
under
State
solid
waste
program.
[
5]
Proposed
regulations
are
pending,
information
presented
is
based
on
the
program
elements
that
currently
apply
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
AB
Program
elements
specific
to
projects
in
abandoned
coal
mines
Key
to
Table
Entries:
Blank
No
program
element
in
place
X
Program
element
in
place
S
State's
program
element
substantively
similar
to
that
required
under
SMCRA
S+
State's
program
element
is
more
stringent/
in
addition
to
that
required
under
SMCRA
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
Shaded
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
Table
2.
Planning
and
Enforcement
Program
Elements:
COAL
Mines
State
Address
CCW
in
Reclamation/
Operational
Plan
Address
CCW
in
Site
Characterization/
PHC
Determination
Siting
Restrictions
Address
Acid
Mine
Drainage/
Acid­
Base
Balance
Formal
Risk
Assessment
Focused
on
CCW
Enforceable
Limits/
Corrective
Action
Requirements
AL
?
?
S
?
S
AK
?
?
S+
?
S
AR
[
1]
?
?
S
?
S
AZ
[
4]
?
?
S
?
S+

CO
X
X
S+
X
X
S+

IL
D
X
X
S+
X
CBC
S+

BU
X
S
S
IN
D
X
X
S+
X
S+

BU
X
S
S
KS
[
1]
X
X
S+
?
S
KY
­
D
[
2]
X
X
S+
?
S+

MD
X
?
S
?
S
MO
­
BU
[
2]
X
X
S+
?
S
MT
X
?
S
?
S
NM
X
X
S
?
S
ND
D
X
S+
S+

BU
X
S
S+

OH
­
BU
[
2]
X
X
S+
X
S
OK
­
AB
­
D
[
2][
5]
X
X
S
S
PA
­
BU
[
3]
X
X
S+
X
S+

TN
[
1][
4]
?
?
S+
?
S
Page
21
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
State
Address
CCW
in
Reclamation/
Operational
Plan
Address
CCW
in
Site
Characterization/
PHC
Determination
Siting
Restrictions
Address
Acid
Mine
Drainage/
Acid­
Base
Balance
Formal
Risk
Assessment
Focused
on
CCW
Enforceable
Limits/
Corrective
Action
Requirements
Notes
for
States
Column:
[
1]
Coal
mine
placement
is
not
currently
occurring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur.
[
2]
Coal
mine
placement
in
the
category
not
shown
here
(
e.
g.,
disposal
if
beneficial
use
is
shown)
is
not
currently
occurring
in
this
State,
so
applicable
program
elements
have
yet
to
be
realized.
[
3]
Coal
mine
placement
is
not
allowed
unless
a
beneficial
use
is
demonstrated.
[
4]
Mining
program
administered
by
Federal
OSM;
additional
program
elements
may
apply
under
State
solid
waste
program.
[
5]
Proposed
regulations
are
pending,
information
presented
is
based
on
the
program
elements
that
currently
apply
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
AB
Program
elements
specific
to
projects
in
abandoned
coal
mines
Key
to
Table
Entries:
Blank
No
program
element
in
place
X
Program
element
in
place
S
State's
program
element
substantively
similar
to
that
required
under
SMCRA
S+
State's
program
element
is
more
stringent/
in
addition
to
that
required
under
SMCRA
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
Shaded
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
TX
D
?
S+
?
S+

BU
X
?
S
?
S
VA
­
BU
[
1][
2]
X
X
S+
?
S
WA
[
4]
?
?
S+
?
S
WV
­
BU
[
2]
X
?
S
X
?
S
WY
?
?
S
?
S
Page
22
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
Notes
for
States
Column:
[
1]
Coal
mine
placement
is
not
currently
occurring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur.
[
2]
Coal
mine
placement
in
the
category
not
shown
here
(
e.
g.,
disposal
if
beneficial
use
is
shown)
is
not
currently
occurring
in
this
State,
so
applicable
program
elements
have
yet
to
be
realized.
[
3]
Coal
mine
placement
is
not
allowed
unless
a
beneficial
use
is
demonstrated.
[
4]
Mining
program
administered
by
Federal
OSM;
additional
program
elements
may
apply
under
State
solid
waste
program.
[
5]
Proposed
regulations
are
pending,
information
presented
is
based
on
the
program
elements
that
currently
apply
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
AB
Program
elements
specific
to
projects
in
abandoned
coal
mines
Key
to
Table
Entries:
Blank
No
program
element
in
place
X
Program
element
in
place
S
State's
program
element
substantively
similar
to
that
required
under
SMCRA
S+
State's
program
element
is
more
stringent/
in
addition
to
that
required
under
SMCRA
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
Shaded
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
Table
3.
Waste
Characterization
and
Monitoring
Program
Elements:
COAL
Mines
State
Waste
Characterization
Groundwater
Monitoring
Surface
Water
Monitoring
Prior
to
Placement
During
Placement
Characteristic
Limits
During
Placement
Post­
Closure
During
Placement
Post­
Closure
AL
S
S
?
?

AK
S+
S+
?
?

AR
[
1]
X
X
X
CBC
S
?
?

AZ
[
4]
X
CBC
CBC
?
?

CO
X
X
S
S
S
S
IL
D
X
X
S+
CBC
S
S
BU
X
CBC
X
S
S
S
S
IN
D
X
X
X
S+
S
S+
S+

BU
S
S
S
S
KS
[
1]
CBC
S
?
?

KY
­
D
[
2]
X
X
X
S+
S+
?
?

MD
X
X
S
S
?
?

MO
­
BU
[
2]
X
X
X
S+
CBC
?
?

MT
X
X
CBC
CBC
?
?

NM
X
S+
CBC
?
?

ND
D
X
S+
S+
?
?

BU
X
X
CBC
CBC
?
?

OH
­
BU
[
2]
X
X
X
S+
S+
S+
S+

OK
­
AB
­
D
[
2][
5]
?
?
?
?
?
?

PA
­
BU
[
3]
X
X
X
S+
S+
CBC
CBC
TN
[
1][
4]
X
CBC
CBC
?
?

TX
D
X
X
S+
S+
?
?

BU
S
S
?
?
Page
23
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
State
Waste
Characterization
Groundwater
Monitoring
Surface
Water
Monitoring
Prior
to
Placement
During
Placement
Characteristic
Limits
During
Placement
Post­
Closure
During
Placement
Post­
Closure
Notes
for
States
Column:
[
1]
Coal
mine
placement
is
not
currently
occurring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur.
[
2]
Coal
mine
placement
in
the
category
not
shown
here
(
e.
g.,
disposal
if
beneficial
use
is
shown)
is
not
currently
occurring
in
this
State,
so
applicable
program
elements
have
yet
to
be
realized.
[
3]
Coal
mine
placement
is
not
allowed
unless
a
beneficial
use
is
demonstrated.
[
4]
Mining
program
administered
by
Federal
OSM;
additional
program
elements
may
apply
under
State
solid
waste
program.
[
5]
Proposed
regulations
are
pending,
information
presented
is
based
on
the
program
elements
that
currently
apply
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
AB
Program
elements
specific
to
projects
in
abandoned
coal
mines
Key
to
Table
Entries:
Blank
No
program
element
in
place
X
Program
element
in
place
S
State's
program
element
substantively
similar
to
that
required
under
SMCRA
S+
State's
program
element
is
more
stringent/
in
addition
to
that
required
under
SMCRA
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
Shaded
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
VA
­
BU
[
1][
2]
X
X
S
S
?
?

WA
[
4]
S+
S
?
?

WV
­
BU
[
2]
X
X
X
S
S
?
?

WY
X
S
S
?
?
Page
24
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
Notes
for
States
Column:
[
1]
Coal
mine
placement
is
not
currently
occurring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur.
[
2]
Coal
mine
placement
in
the
category
not
shown
here
(
e.
g.,
disposal
if
beneficial
use
is
shown)
is
not
currently
occurring
in
this
State,
so
applicable
program
elements
have
yet
to
be
realized.
[
3]
Coal
mine
placement
is
not
allowed
unless
a
beneficial
use
is
demonstrated.
[
4]
Mining
program
administered
by
Federal
OSM;
additional
program
elements
may
apply
under
State
solid
waste
program.
[
5]
Proposed
regulations
are
pending,
information
presented
is
based
on
the
program
elements
that
currently
apply
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
AB
Program
elements
specific
to
projects
in
abandoned
coal
mines
Key
to
Table
Entries:
Blank
No
program
element
in
place
X
Program
element
in
place
S
State's
program
element
substantively
similar
to
that
required
under
SMCRA
S+
State's
program
element
is
more
stringent/
in
addition
to
that
required
under
SMCRA
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
Shaded
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
Table
4.
Design
and
Operational
Program
Elements:
COAL
Mines
State
Groundwater
Table
Restrictions
Compaction
or
Other
Waste
Conditioning
Interim
Cover
Fugitive
Dust
Controls
Erosion/
Surface
Runoff
Controls
AL
S
S
AK
X
S
S
AR
[
1]
S
S
AZ
[
4]
S
S
CO
X
CBC
S
S
IL
D
S+
S+

BU
S+
S+

IN
D
S+
S
BU
S
S
KS
[
1]
S
S
KY
­
D
[
2]
X
S+
S
MD
S
S
MO
­
BU
[
2]
X
X
S+
S+

MT
S
S+

NM
S
S+

ND
D
X
X
X
S+
S+

BU
S
S
OH
­
BU
[
2]
X
CBC
S
S
OK
­
AB
­
D
[
2][
5]
?
?
S+
S+

PA
­
BU
[
3]
X
CBC
CBC
S+
S+

TN
[
1][
4]
X
X
S+
S
TX
D
X
X
X
S+

BU
S
S
Page
25
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
State
Groundwater
Table
Restrictions
Compaction
or
Other
Waste
Conditioning
Interim
Cover
Fugitive
Dust
Controls
Erosion/
Surface
Runoff
Controls
Notes
for
States
Column:
[
1]
Coal
mine
placement
is
not
currently
occurring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur.
[
2]
Coal
mine
placement
in
the
category
not
shown
here
(
e.
g.,
disposal
if
beneficial
use
is
shown)
is
not
currently
occurring
in
this
State,
so
applicable
program
elements
have
yet
to
be
realized.
[
3]
Coal
mine
placement
is
not
allowed
unless
a
beneficial
use
is
demonstrated.
[
4]
Mining
program
administered
by
Federal
OSM;
additional
program
elements
may
apply
under
State
solid
waste
program.
[
5]
Proposed
regulations
are
pending,
information
presented
is
based
on
the
program
elements
that
currently
apply
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
AB
Program
elements
specific
to
projects
in
abandoned
coal
mines
Key
to
Table
Entries:
Blank
No
program
element
in
place
X
Program
element
in
place
S
State's
program
element
substantively
similar
to
that
required
under
SMCRA
S+
State's
program
element
is
more
stringent/
in
addition
to
that
required
under
SMCRA
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
Shaded
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
VA
­
BU
[
1][
2]
X
X
S+
S+

WA
[
4]
S
S
WV
­
BU
[
2]
X
S+
S
WY
CBC
S
S
Page
26
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
Notes
for
States
Column:
[
1]
Coal
mine
placement
is
not
currently
occurring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur.
[
2]
Coal
mine
placement
in
the
category
not
shown
here
(
e.
g.,
disposal
if
beneficial
use
is
shown)
is
not
currently
occurring
in
this
State,
so
applicable
program
elements
have
yet
to
be
realized.
[
3]
Coal
mine
placement
is
not
allowed
unless
a
beneficial
use
is
demonstrated.
[
4]
Mining
program
administered
by
Federal
OSM;
additional
program
elements
may
apply
under
State
solid
waste
program.
[
5]
Proposed
regulations
are
pending,
information
presented
is
based
on
the
program
elements
that
currently
apply
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
AB
Program
elements
specific
to
projects
in
abandoned
coal
mines
Key
to
Table
Entries:
Blank
No
program
element
in
place
X
Program
element
in
place
S
State's
program
element
substantively
similar
to
that
required
under
SMCRA
S+
State's
program
element
is
more
stringent/
in
addition
to
that
required
under
SMCRA
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
Shaded
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
Table
5.
Closure
and
Post­
Closure
Program
Elements:
COAL
Mines
State
Final
Cover
Revegetation
Financial
Assurance/
Bonding
Post­
closure
Site
Utilization
Restrictions
AL
S
S
S
?

AK
S
S
S+
?

AR
[
1]
S
S
S
?

AZ
[
4]
S
S
CBC
?

CO
S
S
CBC
?

IL
D
S+
S
S
BU
S+
S
S
IN
D
S+
S
S
BU
S
S
S
KS
[
1]
S
S
CBC
?

KY
­
D
[
2]
S+
S
S+
?

MD
S
S
S
?

MO
­
BU
[
2]
S
S
S
?

MT
S
S
S
?

NM
S+
S
S
?

ND
D
S+
S+
S+
X
BU
S
S
S
OH
­
BU
[
2]
S
S
S
OK
­
AB
­
D
[
2][
5]
S+
S
S
PA
­
BU
[
3]
S+
S
S
CBC
TN
[
1][
4]
S
S
CBC
?

TX
D
S+
S
S+
?

BU
S
S
S
?

VA
­
BU
[
1][
2]
S
S
S
?
Page
27
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
State
Final
Cover
Revegetation
Financial
Assurance/
Bonding
Post­
closure
Site
Utilization
Restrictions
Notes
for
States
Column:
[
1]
Coal
mine
placement
is
not
currently
occurring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur.
[
2]
Coal
mine
placement
in
the
category
not
shown
here
(
e.
g.,
disposal
if
beneficial
use
is
shown)
is
not
currently
occurring
in
this
State,
so
applicable
program
elements
have
yet
to
be
realized.
[
3]
Coal
mine
placement
is
not
allowed
unless
a
beneficial
use
is
demonstrated.
[
4]
Mining
program
administered
by
Federal
OSM;
additional
program
elements
may
apply
under
State
solid
waste
program.
[
5]
Proposed
regulations
are
pending,
information
presented
is
based
on
the
program
elements
that
currently
apply
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
AB
Program
elements
specific
to
projects
in
abandoned
coal
mines
Key
to
Table
Entries:
Blank
No
program
element
in
place
X
Program
element
in
place
S
State's
program
element
substantively
similar
to
that
required
under
SMCRA
S+
State's
program
element
is
more
stringent/
in
addition
to
that
required
under
SMCRA
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
Shaded
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
WA
[
4]
S
S
S
?

WV
­
BU
[
2]
S
S
S
?

WY
S
S
S
?
Page
28
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
Notes
for
States
Column:
[
1]
Noncoal
mine
placement
is
not
currently
occurring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur
[
2]
Proposed
regulations
are
pending,
information
presented
is
based
on
the
program
elements
that
currently
apply
A
Programs
elements
specific
to
projects
in
active
noncoal
mines
AB
Program
elements
specific
to
projects
in
abandoned
noncoal
mines
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
HR
Hard
Rock
mining
program
O
Opencut
mining
program
Key
to
Table
Entries:
Blank
No
program
element
in
place
T
Program
element
in
place
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
Shaded
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
Table
6.
Administrative
Program
Elements:
NONCOAL
Mines
State
Permitting
Public
Availability
of
Monitoring/
Inspection
Data
Public
Participation
in
Compliance
Mining
Permit
Specifically
Addressing
CCW
Solid
Waste
Disposal
Permit
Other
Notification
or
Approval
Public
Participation
in
Permitting
AL
[
1]
X
?
?

AZ
CBC
CBC
X
?
?

CO
X
X
X
?
?

FL
[
1]
X
X
?
?

GA
[
1]
X
X
X
?
?

IL
[
1]
D
X
X
?
?

BU
X
X
?
?

IN
D
CBC
X
?
?

BU
X
?
?

IA
D
X
?
?

BU
X
?
?

KS
X
X
?
?

KY
X
X
?
?

MD
X
X
?
?

MA
[
2]
CBC
?
?

MI
X
?
?

MN
X
X
?
?

MO
D
X
CBC
?
?

BU
X
X
X
?
?

MT
O
X
X
X
?
?

HR
X
X
X
?
?

NE
[
1][
2]
X
?
?

NY
X
X
X
X
X
X
ND
[
1]
X
X
X
X
OH
[
1]
D
X
X
?
?

BU
X
X
?
?

OK
[
2]
X
X
X
X
PA
A
X
?
?

AB
X
X
X
?
?

TN
[
1]
X
X
X
?
?
Page
29
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
State
Permitting
Public
Availability
of
Monitoring/
Inspection
Data
Public
Participation
in
Compliance
Mining
Permit
Specifically
Addressing
CCW
Solid
Waste
Disposal
Permit
Other
Notification
or
Approval
Public
Participation
in
Permitting
Notes
for
States
Column:
[
1]
Noncoal
mine
placement
is
not
currently
occurring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur
[
2]
Proposed
regulations
are
pending,
information
presented
is
based
on
the
program
elements
that
currently
apply
A
Programs
elements
specific
to
projects
in
active
noncoal
mines
AB
Program
elements
specific
to
projects
in
abandoned
noncoal
mines
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
HR
Hard
Rock
mining
program
O
Opencut
mining
program
Key
to
Table
Entries:
Blank
No
program
element
in
place
T
Program
element
in
place
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
Shaded
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
TX
D
X
X
?
?

BU
WV
[
1]
X
X
X
?
?

WI
A
­
D
X
X
?
?

A­
BU
X
X
?
?

AB­
D
X
?
?

AB­
BU
X
CBC
?
?
Page
30
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
Notes
for
States
Column:
[
1]
Noncoal
mine
placement
is
not
currently
occurring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur
[
2]
Proposed
regulations
are
pending,
information
presented
is
based
on
the
program
elements
that
currently
apply
A
Programs
elements
specific
to
projects
in
active
noncoal
mines
AB
Program
elements
specific
to
projects
in
abandoned
noncoal
mines
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
HR
Hard
Rock
mining
program
O
Opencut
mining
program
Key
to
Table
Entries:
Blank
No
program
element
in
place
T
Program
element
in
place
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
Shaded
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
Table
7.
Planning
and
Enforcement
Program
Elements:
NONCOAL
Mines
State
Reclamation/
Operational
Plan
Specifically
Addressing
CCW
Site
Characterization
Specifically
Addressing
CCW
Siting
Restrictions
Enforceable
Limits/
Corrective
Action
Requirements
Formal
Risk
Assessment
Focused
on
CCW
AL
[
1]
X
?
X
X
?

AZ
CBC
CBC
?

CO
?
X
X
X
?

FL
[
1]
X
X
?

GA
[
1]
X
?
X
X
?

IL
[
1]
D
X
X
?

BU
X
X
?

IN
D
X
?

BU
?

IA
D
X
X
?

BU
?

KS
X
?

KY
X
X
?

MD
X
X
X
?

MA
[
2]

MI
X
X
X
?

MN
X
X
?

MO
D
X
X
?

BU
X
X
?

MT
O
X
X
X
?

HR
X
X
X
?

NE
[
1][
2]

NY
X
CBC
X
ND
[
1]
X
X
OH
[
1]
D
X
CBC
X
X
?

BU
X
?

OK
[
2]
X
X
CBC
CBC
PA
A
CBC
CBC
CBC
?

AB
X
X
X
X
Page
31
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
State
Reclamation/
Operational
Plan
Specifically
Addressing
CCW
Site
Characterization
Specifically
Addressing
CCW
Siting
Restrictions
Enforceable
Limits/
Corrective
Action
Requirements
Formal
Risk
Assessment
Focused
on
CCW
Notes
for
States
Column:
[
1]
Noncoal
mine
placement
is
not
currently
occurring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur
[
2]
Proposed
regulations
are
pending,
information
presented
is
based
on
the
program
elements
that
currently
apply
A
Programs
elements
specific
to
projects
in
active
noncoal
mines
AB
Program
elements
specific
to
projects
in
abandoned
noncoal
mines
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
HR
Hard
Rock
mining
program
O
Opencut
mining
program
Key
to
Table
Entries:
Blank
No
program
element
in
place
T
Program
element
in
place
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
Shaded
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
TN
[
1]
X
?
X
X
?

TX
D
?
X
X
?

BU
WV
[
1]
X
X
X
X
?

WI
A
­
D
X
?
X
X
?

A­
BU
X
?
X
?

AB­
D
X
X
?

AB­
BU
X
?
Page
32
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
Notes
for
States
Column:
[
1]
Noncoal
mine
placement
is
not
currently
occurring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur
[
2]
Proposed
regulations
are
pending,
information
presented
is
based
on
the
program
elements
that
currently
apply
A
Programs
elements
specific
to
projects
in
active
noncoal
mines
AB
Program
elements
specific
to
projects
in
abandoned
noncoal
mines
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
HR
Hard
Rock
mining
program
O
Opencut
mining
program
Key
to
Table
Entries:
Blank
No
program
element
in
place
T
Program
element
in
place
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
Shaded
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
Table
8.
Waste
Characterization
and
Monitoring
Program
Elements:
NONCOAL
Mines
State
Waste
Characterization
Groundwater
Monitoring
Surface
Water
Monitoring
Prior
to
Placement
During
Placement
Characteristic
Limits
During
Placement
Post­
closure
During
Placement
Post­
closure
AL
[
1]
?
?
?
CBC
CBC
CBC
CBC
AZ
CBC
X
CBC
CBC
?
?

CO
X
X
CBC
CBC
?
?

FL
[
1]
X
X
X
X
GA
[
1]
?
?
?
X
X
X
X
IL
[
1]
D
X
X
CBC
CBC
?
?

BU
X
X
IN
D
X
X
X
BU
IA
D
X
X
BU
KS
CBC
CBC
CBC
CBC
KY
X
X
X
X
MD
X
?
X
X
X
?
?

MA
[
2]

MI
X
X
MN
X
X
X
X
X
CBC
CBC
MO
D
X
X
BU
X
X
MT
O
X
X
HR
X
X
NE
[
1][
2]
X
X
NY
X
X
X
CBC
X
CBC
ND
[
1]
X
X
X
?
?

OH
[
1]
D
X
X
X
CBC
CBC
?
?

BU
OK
[
2]
?
?
?
?
?
?

PA
A
CBC
CBC
CBC
CBC
CBC
CBC
CBC
AB
X
X
X
X
X
CBC
CBC
Page
33
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
State
Waste
Characterization
Groundwater
Monitoring
Surface
Water
Monitoring
Prior
to
Placement
During
Placement
Characteristic
Limits
During
Placement
Post­
closure
During
Placement
Post­
closure
Notes
for
States
Column:
[
1]
Noncoal
mine
placement
is
not
currently
occurring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur
[
2]
Proposed
regulations
are
pending,
information
presented
is
based
on
the
program
elements
that
currently
apply
A
Programs
elements
specific
to
projects
in
active
noncoal
mines
AB
Program
elements
specific
to
projects
in
abandoned
noncoal
mines
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
HR
Hard
Rock
mining
program
O
Opencut
mining
program
Key
to
Table
Entries:
Blank
No
program
element
in
place
T
Program
element
in
place
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
Shaded
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
TN
[
1]
X
CBC
CBC
?
?

TX
D
X
X
X
X
?
?

BU
WV
[
1]
X
X
WI
A
­
D
X
X
X
X
X
A­
BU
X
X
X
X
X
AB­
D
X
X
AB­
BU
Page
34
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
Notes
for
States
Column:
[
1]
Noncoal
mine
placement
is
not
currently
occurring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur
[
2]
Proposed
regulations
are
pending,
information
presented
is
based
on
the
program
elements
that
currently
apply
A
Programs
elements
specific
to
projects
in
active
noncoal
mines
AB
Program
elements
specific
to
projects
in
abandoned
noncoal
mines
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
HR
Hard
Rock
mining
program
O
Opencut
mining
program
Key
to
Table
Entries:
Blank
No
program
element
in
place
T
Program
element
in
place
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
Shaded
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
Table
9.
Design
and
Operational
Program
Elements:
NONCOAL
Mines
State
Groundwater
Table
Restrictions
Compaction
or
Other
Waste
Conditioning
Interim
Cover
Fugitive
Dust
Controls
Erosion/
Surface
Runoff
Controls
AL
[
1]
?
?
?
X
AZ
?
?
CBC
CBC
CBC
CO
X
X
X
X
FL
[
1]
X
X
X
X
GA
[
1]
X
CBC
?
X
IL
[
1]
D
X
CBC
X
X
BU
X
X
IN
D
CBC
X
CBC
BU
IA
D
X
X
BU
KS
X
KY
X
MD
X
CBC
X
MA
[
2]

MI
MN
X
X
X
X
MO
D
X
X
X
X
BU
X
X
X
X
MT
O
X
X
X
X
HR
X
X
X
X
NE
[
1][
2]

NY
CBC
X
X
CBC
ND
[
1]
X
X
X
X
X
OH
[
1]
D
X
X
BU
OK
[
2]
?
?
X
X
PA
A
CBC
CBC
CBC
CBC
CBC
AB
X
CBC
CBC
X
X
TN
[
1]
X
X
X
X
Page
35
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
State
Groundwater
Table
Restrictions
Compaction
or
Other
Waste
Conditioning
Interim
Cover
Fugitive
Dust
Controls
Erosion/
Surface
Runoff
Controls
Notes
for
States
Column:
[
1]
Noncoal
mine
placement
is
not
currently
occurring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur
[
2]
Proposed
regulations
are
pending,
information
presented
is
based
on
the
program
elements
that
currently
apply
A
Programs
elements
specific
to
projects
in
active
noncoal
mines
AB
Program
elements
specific
to
projects
in
abandoned
noncoal
mines
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
HR
Hard
Rock
mining
program
O
Opencut
mining
program
Key
to
Table
Entries:
Blank
No
program
element
in
place
T
Program
element
in
place
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
Shaded
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
TX
D
X
X
X
X
BU
WV
[
1]
X
X
X
WI
A
­
D
X
A­
BU
AB­
D
X
X
X
AB­
BU
Page
36
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
Notes
for
States
Column:
[
1]
Noncoal
mine
placement
is
not
currently
occurring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur
[
2]
Proposed
regulations
are
pending,
information
presented
is
based
on
the
program
elements
that
currently
apply
A
Programs
elements
specific
to
projects
in
active
noncoal
mines
AB
Program
elements
specific
to
projects
in
abandoned
noncoal
mines
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
HR
Hard
Rock
mining
program
O
Opencut
mining
program
Key
to
Table
Entries:
Blank
No
program
element
in
place
T
Program
element
in
place
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
Shaded
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
Table
10.
Closure
and
Post­
Closure
Program
Elements:
NONCOAL
Mines
State
Final
Cover
Revegetation
Financial
Assurance/
Bonding
Post­
closure
Site
Utilization
Restrictions
AL
[
1]
?
X
X
?

AZ
CBC
CBC
CBC
?

CO
X
X
CBC
?

FL
[
1]
X
X
X
?

GA
[
1]
X
X
X
?

IL
[
1]
D
X
CBC
X
?

BU
X
X
?

IN
D
CBC
CBC
CBC
?

BU
?

IA
D
X
X
?

BU
?

KS
CBC
?
X
?

KY
X
X
X
?

MD
X
X
X
?

MA
[
2]

MI
X
?

MN
X
X
X
?

MO
D
X
X
X
?

BU
X
X
X
?

MT
O
X
X
X
?

HR
X
X
X
?

NE
[
1][
2]

NY
CBC
X
X
X
ND
[
1]
X
X
X
?

OH
[
1]
D
X
X
?

BU
?

OK
[
2]
X
X
X
PA
A
CBC
CBC
CBC
CBC
AB
X
X
X
?

TN
[
1]
X
X
CBC
?
Page
37
Revised
DRAFT
 
do
not
cite
or
quote
August
2002
State
Final
Cover
Revegetation
Financial
Assurance/
Bonding
Post­
closure
Site
Utilization
Restrictions
Notes
for
States
Column:
[
1]
Noncoal
mine
placement
is
not
currently
occurring
in
this
State,
information
presented
is
based
on
the
program
elements
that
would
likely
apply
were
placement
to
occur
[
2]
Proposed
regulations
are
pending,
information
presented
is
based
on
the
program
elements
that
currently
apply
A
Programs
elements
specific
to
projects
in
active
noncoal
mines
AB
Program
elements
specific
to
projects
in
abandoned
noncoal
mines
BU
Program
elements
specific
to
projects
defined
as
beneficial
use
by
the
State
D
Program
elements
specific
to
projects
defined
as
disposal
by
the
State
HR
Hard
Rock
mining
program
O
Opencut
mining
program
Key
to
Table
Entries:
Blank
No
program
element
in
place
T
Program
element
in
place
CBC
Application
of
program
element
is
determined
on
a
case­
by­
case
basis
?
Presence
of
program
element
could
not
be
determined
by
EPA
Shaded
EPA
has
not
yet
completed
research
on
program
elements
in
shaded
columns
TX
D
X
X
X
?

BU
WV
[
1]
X
X
X
?

WI
A
­
D
X
X
?

A­
BU
?

AB­
D
X
X
X
?

AB­
BU
?
