Beneficial Use of Coal Ash

1. Beneficial Use of Coal Ash Todd M. Wallace Acting Director, Bureau of Waste Management PA Department of Environmental Protection

2. Beneficial Use of Coal Ash in PA • Coal ash has been beneficially used in PA for about 25 years; • For each of the past several years 11 million tons of coal ash have been used in mine reclamation; • If used properly, the beneficial use of coal ash can help to prevent creation of acid mine drainage

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

4. Regulatory Schedule • Proposed: • March 2009 - Solid Waste Advisory Committee • April 2009 – Mining Reclamation Advisory Board • July 2009 – Environmental Quality Board • 45-day Public Comment Period • 3 Public Hearings • Final: • May 27, 2010 – Solid Waste Advisory Committee • Aug 17, 2010 – Environmental Quality Board • Nov. 2010 – Publish as final

5. Regulatory Structure • Current Structure • Residual Waste Regulations (Chapter 287.661-666) • Policies • Proposed Structure • Residual Waste Regulations (Chapter 290)

6. Chapter 290 – Beneficial Use of Coal Ash • Beneficial Use of Coal Ash • Coal Ash Certification • Water Quality Monitoring • Coal Ash Storage

7. Chapter 290 – Beneficial Use of Coal Ash • General requirements • Use as structural fill • Use as soil substitute or soil additive • Beneficial use at active mine sites • Beneficial use at abandoned surface mine sites • Other beneficial uses • Interim operational procedures

8. Chapter 290 – Beneficial Use of Coal Ash • Beneficial Use at active mine sites • Permit Fee • $2,000 for mines approved to receive coal ash • $1,000 from year following final placement of ash to release of bond • Fees re-evaluated every 3 years

9. Chapter 290 – Beneficial Use of Coal Ash • Coal Ash Certification • Maximum acceptable leachate levels • Metals and non-metals • pH • Calcium carbonate equivalency • Permeability • Request for Certification • Initial Chemical/Physical analysis • DEP issues Certification Identifier • Periodic confirmatory analysis • Annual report

10. Chapter 290 – Beneficial Use of Coal Ash • Water Quality (WQ) Monitoring • Ground Water & Surface Water • WQ Monitoring Plan Required • Background samples • Periodic sampling • Monitoring Points

11. Chapter 290 – Beneficial Use of Coal Ash • Coal Ash Storage Requirements • WQ Monitoring may be required • Routine site inspections by person storing coal • Storage Duration • Storage Site Prohibitions • Storage Pads/Liners

12. Chapter 290 – Beneficial Use of Coal Ash • Storage Piles • Storage Impoundments • Design and operating requirements • Provisions for failure • Inspections • Closure

13. Changes to Proposed Rulemaking • Transition Period • Placement within 8 ft of groundwater • Groundwater assessment based on statistically significant degredation • Enclosed storage on non-permeable floor • Reduced fee

14. Proposed Federal Regulations • On May 4, 2010, EPA announced its proposal for developing federal coal ash regulations • Two options: • RCRA Subtitle C (Hazardous) • RCRA Subtitle D (Non-hazardous) • 90-day Public Comment Period

15. Thank You !