§ 287.664. Coal ash beneficial use at abandoned coal and abandoned
noncoal surface mine sites.

 (a)  Approval by Department. Coal ash may be beneficially used at abandoned coal and abandoned noncoal surface mine sites if the reclamation work is approved by the Department or is performed under a contract with the Department. Coal ash approval shall, at a minimum, be based on the following:

   (1)  Beneficial use of the coal ash shall comply with this section, and the applicable environmental statutes and regulations promulgated thereunder.

   (2)  The Department will develop Coal Ash Certification Guidelines (Certification Guidelines) that identify the acceptable physical and chemical characteristics for beneficial uses of coal ash. 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 abandoned mine sites.

 (b)  Request. The request for the use of coal ash at abandoned mine sites shall be addressed in the reclamation plan submitted to the Department and shall contain the following:

   (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 reclamation activity shall be designed to achieve an overall improvement in water quality or shall be designed to prevent the degradation of water quality or be designed to treat mine drainage or function as a soil substitute or soil additive.

   (1)  The cubic yards of coal ash to be used at any reclamation activity at an abandoned mine site will be determined by the Department. Consideration may be given to using up to the total volume needed to accomplish reclamation of the entire affected site, so that the final contours resulting from the project blend with the surrounding topography, promote positive surface water runoff and protect surface and groundwater quality.

   (2)  The necessity for water quality monitoring will be determined by the Department where the information is needed to evaluate the success of the reclamation project.

   (3)  The coal ash will 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.

   (4)  For use of coal ash as a soil substitute or soil additive, the coal ash shall be applied at the rate per acre in order to increase the productivity or properties of the soil and to protect public health, safety and the environment.

   The provisions of this §  287.644 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial pages (199723) to (199725).

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