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Storage, Impoundments, and Beneficial Use of Coal Ash

Storage, Impoundments, and Beneficial Use of Coal Ash. Separate Rulemaking Package. Purpose. To adopt many of the recommendations of the National Academy of Sciences in their 2006 report, Managing Coal Combustion Residues in Mines .

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Storage, Impoundments, and Beneficial Use of Coal Ash

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  1. Storage, Impoundments, and Beneficial Use of Coal Ash Separate Rulemaking Package

  2. Purpose • To adopt many of the recommendations of the National Academy of Sciences in their 2006 report, Managing Coal Combustion Residues in Mines. • To formalize through regulation DEP’s policies on coal ash certification and use at mine sites

  3. Chapter 290 Beneficial Use of Coal Ash

  4. § 290.1 - Scope • Beneficial use of coal ash. • Beneficial use of coal ash mixed with RW, if authorized under RW permit. • Beneficial use of coal ash mixed with C&D waste, if authorized under MW permit. • Beneficial use of ash from co-firing coal and alternative fuel, if authorized under RW permit.

  5. § 290.1 – Scope • Prohibits beneficial use of coal ash mixed with other types of MW by direct placement into the environment • Other types of beneficial use of coal ash mixed with other types of MW may be authorized under a MW permit.

  6. Subchapter B. Beneficial Use of Coal Ash • Uses of coal ash regulations currently found in § § 287.662 – 287.666 is moved into this subchapter, with modifications.

  7. § 290.101 General Requirements • Must not exceed maximum leachate limits in § 290.201(a). • Must satisfy the physical characteristics in § 290.201(a) for its intended use. • Water quality monitoring plan required if >10,000 tons/acre or >100,000 tons coal ash to be used for a project. • may not be placed within 8 ft of the water table unless DEP approves for use at a mining activity site.

  8. § 290.102 – Structural Fill • Deed notice for >10,000 tons per acre. • Public notice for >10,000 tons per acre or >100,000 tons. • Spread and compacted within 24 hours or stored in accordance with Subchapter E. • Minimum compaction standard. • Prohibited within 300 ft of exceptional value wetland. • Annual report where >10,000 tons per acre are used.

  9. § 290.103 – Soil Substitute or Soil Additive • Requires calcium carbonate equivalency to be at least 10%. • Added maximum cumulative loading rates for metals.

  10. § 290.104 – Use at Permitted Coal Mining Activity Sites • Meet qualification under § 290.201. • Deed notice. • Annual permit filing fee of $2000. • Public notice under §§ 86.31 or 86.54. • Minimization of offsite dust dispersion from coal ash.

  11. § 290.104 – Coal Surface Mining or Coal Refuse Reprocessing Site • Spread and compacted within 24 hours or stored in accordance with Subchapter E. • Minimum compaction standard. • Horizontal layers to be no greater than 2 ft thick, unless approved by DEP.

  12. § 290.104 – Other Requirements • Maximum cumulative loading rates apply when used as a soil substitute or soil additive. • No longer allows the volume of coal ash to be used at coal refuse disposal sites to exceed the volume of coal refuse. • Requires annual report.

  13. § 290.105 – Use at Abandoned Coal Surface Mine Sites • Meet qualification under § 290.201. • Modified request requirements to include reclamation plan, deed notice, water quality monitoring plan, if applicable, and public notice if >10,000 tons per acre or >100,000 tons for project. • Distinguished coal ash used under a DEP contract from those approved based on a request.

  14. § 290.105 – Use at Abandoned Coal Surface Mine Sites • Meet qualification under § 290.201. • Similar operating requirements to structural fill, including pH, slope, compaction thickness, storage, runoff, surface water diversion and soil cover. • Similar siting restrictions to structural fill, including distance to streams, water supply, sinkholes, floodplains and wetlands. • Maximum cumulative loading rates apply when used as a soil substitute or soil additive. • Requires annual report.

  15. § 290.106 – Other Beneficial Uses of Coal Ash • Uses unchanged from current § 287.665. • Requires coal ash to be utilized within 24 hours or stored in accordance with Subchapter E.

  16. Subchapter C. Coal Ash Qualification • Coal ash certification is moved from technical guidance into regulation. • Renamed qualification.

  17. § 290.201 – Coal Ash Qualification: Standards • Maximum leachate standards 25x the waste classification standard (WCS), as defined in § 287.1 for metals and the WCS for cations and non-metals. • Provides for qualification at specific mine sites for higher standards for those based on SMCLs (Al, Cl, Fe, Mn, SO42-, Ag, Zn) when no adverse effects to water and when will be overall benefit to GW quality.

  18. § 290.201 – Coal Ash Qualification: Standards • For use in mine backfilling, alkaline addition and as low-permeability material, the pH of the coal ash must be above 7.0. • For use as an alkaline additive, the calcium carbonate equivalency (CCE) must be at least 10%. • For use as a low permeable material, the hydraulic conductivity must be <10-6cm/sec.

  19. § 290.201 – Coal Ash Qualification: Request • Which beneficial uses. • Chemical analysis - least 4 samples over 2-6 month period. • Total and leachable concentrations using EPA methods [SPLP (EPA Method 1312) or other method approved by DEP for leachate]. • Optimum moisture content and dry density (Proctor Test), permeability, neutralization potential.

  20. § 290.201 – Coal Ash Qualification: Monitoring • Submit results for analysis of at least one sample every 3 months. • Any time there is a significant change in operation of the combustion unit or fuel source. • Annual report from generator and person using coal ash showing amount of coal ash produced for beneficial use and locations where it was delivered.

  21. § 290.202 – Revocation of Qualification • Failure of generator to comply with monitoring requirements. • Results from analyses consistently exceed qualification criteria. • There are physical or chemical characteristics that make coal ash unsuitable for beneficial use.

  22. § 290.202 – Revocation of Qualification • If qualification is revoked, coal ash can no longer be used at a mine site until re-qualification is requested and granted. • To be re-qualified, generator must demonstrate analysis on 3 recent monthly samples meets the qualification requirements and no other physical or chemical characteristic make the coal ash unsuitable.

  23. Subchapter D: Water Quality Monitoring • New Subchapter. • Applicable to more beneficial use sites than permitted mine sites.

  24. § 290.301 – Water Quality Monitoring • Minimum 12 monthly background samples. • Quarterly monitoring during placement and 5 years after final placement and annually for 5 additional years. • Monitoring parameters identified. Additional parameters may be required based on site conditions. • Monitoring data to be submitted quarterly.

  25. § 290.302 –Monitoring Points • Minimum of 1 upgradient and 3 downgradient GW monitoring points. • DEP may allow springs, seeps and mine discharges to substitute for wells. • Surface water monitoring points. • Location of monitoring points must not interfere with site operations. • Downgradient wells located to provide early detection of effects on GW from ash placement.

  26. § 290.303 – Standards for Wells and Casings of Wells • This section contains design requirements for monitoring well, including casing, screens, packing, sealing, protective casing, grouting, collar, material, locking cap, etc.

  27. § 290.304 – Groundwater Assessment Plan • Since the assessment plan pertains to both groundwater and surface water, we will be dropping groundwater out of the title and clarifying in this section, as well as in § 290.305, that assessments and abatements can cover both groundwater and surface water.

  28. § 290.304 – Assessment Plan Required if: • Monitoring indicates significant change in the downgradient quality GW of SW. • Analysis of water supply indicates contamination of GW or SW that could reasonably be attributed to the coal ash placement. Not required if: • Resampling shows degradation did not occur. • Degradation was caused by seasonal variations or activities unrelated to placement of coal ash.

  29. § 290.304 – Assessment Plan • Includes the elements of a plan. • Requires implementation and completion within 6 months or other time frame specified by DEP. • DEP can modify inadequate plan. • If contamination is leaving site, must notify downgradient water supplies within ½ mi. • Within 45 days of assessment, submit report with new data, analysis of data, and recommendations on the need for abatement.

  30. § 290.305 – Abatement Plan • Required if assessment or monitoring shows an abatement standard not being met. • Must be prepared by licensed professional geologist and include a schedule of implementation and the methods to abate degradation and prevent future degradation. • Submitted to DEP for approval within 90 days of when obligation arises. • Implemented within 60 days of DEP approval. • DEP can modify inadequate plan. • Has provisions if plan found to be inadequate after approval or implementation.

  31. § 290.306 – Recordkeeping • Records of monitoring data, evaluations and GW elevations are to be retained for 3 years after water quality monitoring ceases.

  32. Subchapter E – Coal Ash Storage • New Subchapter. • Covers storage in piles and surface impoundments.

  33. § 290.401 – Design and Operation • Use best engineering design and construction. • Do not exceed design capacity. • Water quality monitoring may be required if potential to cause groundwater degradation. • Routine inspection and keep records of inspections for 3 yr.

  34. § 290.402 – Duration of Storage • In general, no longer that it takes to complete project or 90 days, whichever is less, at the site of beneficial use. • Bottom ash as antiskid may be stored 90 days if specified provisions are met. • May not be stored at other areas for >1 yr unless 75% is processed for beneficial use in past yr. • May not be stored >90 days unless on floor or pad and either in building or where runoff is collected and treated.

  35. § 290.403 – Surface and Groundwater Protection • Minimize runoff and run-on. • Storage may not be in a manner that causes GW degradation

  36. § 290.404 – Areas Where Storage is Prohibited • This section contains isolation distances from streams, wetlands, water supplies, sinkholes, etc. for storage impoundments and other coal ash storage facilities.

  37. § 290.405 – § 290.407 - Storage Piles • Contains provisions for coal ash storage piles, including: • 4 ft separation from water table. • Prevention of dispersion by wind or water erosion. • Design criteria if pad or liner system used. • Leachate and runoff control.

  38. § 290.409 – § 290.412 and § 290.414 Storage Impoundments • Must be permitted under Clean Streams Law. • Design elements specified, including single composite liner and leachate collection system. • Operating requirements include fugitive dust control, coal ash removal in manner not to damage liner, no accumulation speculatively. • Requirements if impoundment fails. • Inspections by DEP.

  39. § 290.413 – Storage Areas - Closure • Remove all coal ash and materials containing coal ash. • Regrade and revegetate as required by DEP.

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