§ 287.663. Beneficial use of coal ash at coal mining activity sites as coal mining activities are defined in §  86.1.

 (a)  Coal ash approval at coal mining activity sites. Coal ash approval at coal mining activity sites shall, at a minimum, be based on the following:

   (1)  Coal ash may be used for beneficial use at coal mining activity sites if the use complies with this section, The Clean Streams Law and the regulations promulgated thereunder, the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19a), the Coal Refuse Disposal Control Act (52 P. S. § §  30.51—30.66), the applicable provisions of Chapters 86—90, the Coal Ash Certification Guidelines (Certificate Guidelines) developed under this section and other applicable environmental statutes and regulations promulgated thereunder.

   (2)  The Department will develop Certification Guidelines that identify the acceptable physical and chemical characteristics of coal ash for beneficial uses. A generator of coal ash shall demonstrate that the coal ash quality meets the chemical and physical characteristics identified in the Certification Guidelines for the intended uses. The demonstration shall be reviewed and approved by the Department prior to a beneficial use.

   (3)  The Department will develop a technical guidance document to facilitate review of beneficial uses of coal ash at coal mining activities.

 (b)  Request. The request for use at coal mining activity sites shall be addressed in the reclamation plan of the mining activities permit and shall contain the following and shall be reviewed and approved by the Department:

   (1)  A narrative description of the project, including an explanation of how coal ash will be placed, where and how coal ash will be stored prior to placement, identification of the sources of coal ash and an estimate of the cubic yards of coal ash to be used. For the beneficial use of coal ash as a soil substitute or additive, the proposed application rate and justification for the application rate shall also be included.

   (2)  If the coal ash has not been certified under subsection (a)(2) by the Department, a statement signed by the generator of the coal ash including supporting data which demonstrates that the coal ash quality meets the chemical and physical characteristics identified in the Certification Guidelines for the intended use. If the coal ash has been certified in accordance with subsection (a)(2), information that identifies the generator and the certification number.

   (3)  A signed statement by the owner of the land on which the coal ash is to be placed, acknowledging and consenting to the placement of coal ash.

 (c)  Operating requirements. The use of coal ash as part of the mining reclamation activity shall be designed to achieve an overall improvement in water quality or shall be designed to prevent the degradation of water quality. Coal ash may be beneficially used for reclamation in the following situations:

   (1)  The pit or area from which coal is extracted under a surface coal mining permit.

   (2)  Abandoned coal mining areas located within the surface coal mining permit area.

   (3)  Coal refuse disposal sites.

   (4)  Other beneficial uses that are part of the approved reclamation plan of the coal mining activity.

 (d)  Additional operating requirements for the placement of coal ash at coal surface mining and coal refuse reprocessing sites. The following applies to placement of coal ash at coal surface mining and coal refuse reprocessing sites:

   (1)  Coal ash placed at a coal mining activity site may not exceed the volume of coal, coal refuse, culm or silt removed from the site by the active mining operation on a cubic yard basis unless more coal ash is needed to complete the reclamation plan of the surface mining activity permit.

   (2)  Placement of coal ash can be accomplished by mixing with spoil material or by spreading in horizontal layers. The reclamation plan of the approved permit shall address the placement of the coal ash.

   (3)  Groundwater monitoring at coal mining activity sites for the coal ash shall be in accordance with applicable provisions of Chapters 86—90.

   (4)  For coal refuse pile reprocessing sites where refuse material is presently deposited in large surface piles, the piles may not be rebuilt with coal ash. The placement of coal ash shall be accomplished in a manner which blends into the general surface configuration, and complements the surface drainage pattern of the surrounding landscape.

   (5)  For multiple refuse pile reprocessing projects, the Department may allow at an individual refuse pile reprocessing site more coal ash used than coal refuse removed if:

     (i)   A single operator will control a project involving the coordinated use of multiple coal refuse sites.

     (ii)   A reclamation plan is approved for each of the sites and identifies the total cubic yards of coal ash that may be placed at each site.

     (iii)   The total cubic yards of coal ash placed on the sites is less than the total cubic yards of refuse, culm or silt removed from the sites. Only coal ash from the integrated project can be used.

     (iv)   The integrated project shall be designed to achieve an overall improvement of surface water or groundwater quality at each site, where acid mine drainage is evident. For instances in which there is no acid mine drainage, the project will be so designed to achieve no degradation of the surface or groundwater quality.

     (v)   The integrated project shall be accomplished in a manner which blends into the general surface configuration and complements the surface drainage pattern of the surrounding landscape.

   (6)  The coal ash may not be placed within 8 feet of the regional groundwater table unless the Department approves placement within 8 feet based upon a demonstration that groundwater contamination will not occur or that the Department approves this placement as part of a mine drainage abatement project.

   (7)  The coal ash shall meet the physical and chemical characteristics identified in the Certification Guidelines for the intended use.

   (8)  The operator shall maintain information concerning the sources and the cubic yards of coal ash used.

 (e)  Additional operating requirements for the beneficial use of coal ash as a soil substitute or soil additive. The following apply to the beneficial use of coal ash as a soil substitute or soil additive:

   (1)  Coal ash shall be applied at a rate per acre that will protect public health, safety and the environment.

   (2)  The coal ash that is applied will be part of the approved reclamation plan of the coal mining activity in order to increase the productivity or properties of the soil.

 (f)  Additional operating requirements for the beneficial use of coal ash at coal refuse disposal sites. The following apply to the beneficial use of coal ash at coal refuse disposal sites:

   (1)  Placement of coal ash as part of coal refuse disposal operations which are permitted under Chapters 86—90 shall be considered beneficial use if the following conditions are met:

     (i)   The cubic yards of coal ash does not exceed the total cubic yards of coal refuse to be disposed based on uncompacted volumes of materials received at the site, and only amounts necessary to meet subparagraph (iii) may be used.

     (ii)   The Department may allow cubic yards of coal ash to exceed the cubic yards of coal refuse to be disposed if the approved reclamation plan would require the additional cubic yards of coal ash to improve the quality of leachate generated by the coal refuse.

     (iii)   The coal ash has physical and chemical characteristics which:

       (A)   Improve compaction and stability within the fill.

       (B)   Reduce infiltration of water into coal refuse.

       (C)   Improve the quality of leachate generated by the coal refuse.

     (iv)   Groundwater monitoring shall be in accordance with the applicable provisions of Chapters 86—90.

     (v)   The coal ash may not be placed within 8 feet of the regional groundwater table, unless the Department approves placement within 8 feet based upon a demonstration that groundwater contamination will not occur.

   The provisions of this §  287.663 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial pages (199722) to (199723).

   This section cited in 25 Pa. Code §  287.421 (relating to administrative inspections); and 25 Pa. Code §  287.601 (relating to scope).