Site Characterization Substantively similar to federal SMCRA, plus: ° Analysis of the physical and chemical characteristics of water quality and background soils is required. ° Verification by certified hydrogeologist that placement is above the water table.

Siting Restrictions Substantively similar to federal SMCRA, plus: CCW must be placed above the seasonal high ground water table unless a variance is obtained.

Reclamation Plan Substantively similar to federal SMCRA, plus: ° Explanation of the beneficial use or reclamation. ° Documentation identifying the site location, surrounding land use, and site characteristics. ° An estimate of the quantity of CCW to be disposed and the time required for disposal procedures. ° Management plan. ° Contingency plan. ° CCW handling plan   in part addressing where the materials will be placed in relation to the expected water table in the backfilled spoil.

Waste Characterization If placement is covered by an engineered clay cap, the only characterization requirement is to show the CCW is nonhazardous using TCLP. If there is any potential for ground water contact or no cap, ASTM characterization is required. Waste Characteristic Limits Address Acid Base Balance/ Acid Mine Drainage Substantively similar to federal SMCRA, no additional requirements.

State Approval Required to Proceed Substantively similar to federal SMCRA, plus: A request for a beneficial use/ reclamation exemption must be approved by SWMP, and a major revision of the mining and reclamation permit must be obtained. MISSOURI State CCW Mine Placement Regulations and Policy 83 ** Revised DRAFT  do not cite or quote** August 2002 Public Participation Substantively similar to federal SMCRA, no additional requirements.

During Placement Ongoing Waste Characterization Quarterly TCLP test of each CCW source ( and TCLP test run whenever power plant changes fuel source or other conditions that may affect the quality of CCW).

Ground water Monitoring Substantively similar to federal SMCRA, plus: Annual ground water monitoring for 16 parameters.

Performance Standards Substantively similar to federal SMCRA, no additional requirements.

Enforceable Limits Substantively similar to federal SMCRA, no additional requirements.

Corrective Action Substantively similar to federal SMCRA, no additional requirements.

Operational Requirements/ Placement Engineering Substantively similar to federal SMCRA, plus: ° Must include a description of the proposed operational procedures for waste dispo sal ( including compaction, dust control, and erosion control) and procedures for any complications that may arise. ° CCW must be placed above the seasonal high ground water table unless a variance is obtained.

Closure/ Post Closure Care Ongoing Ground water Monitoring Substantively similar to federal SMCRA, plus: Ongoing ground water monitoring may be required if deemed necessary.

Performance Bonding or Financial Assurance Substantively similar to federal SMCRA, no additional requirements.

Other Closure/ Post closure Requirements Substantively similar to federal SMCRA, no additional requirements. State CCW Mine Placement Regulations and Policy 84 ** Revised DRAFT  do not cite or quote** August 2002 MISSOURI: Noncoal Mines As with coal mines, the Missouri Department of Natural Resources Land Reclamation Program ( LRP) regulates placement of CCW in noncoal mines only when the Solid Waste Management Program ( SWMP) grants a beneficial use/ reclamation exemption. The placement of CCW on a mine site is considered beneficial use provided beneficial use and/ or reclamation can be demonstrated and provided that pollution, a public nuisance, or a health hazard will not be created.

In the case of beneficial use of CCW, the State noncoal mine regulations apply and a major revision of the mining and reclamation permit would be required. The noncoal mine regulations are similar to the Federal SMCRA regulations for coal mines, except there is no site characterization or water monitoring. In addition, the LRP cannot require testing for CCW solutes at noncoal mine operations. The factors addressed by the LRP in amending the noncoal mine permit to account for CCW placement are detailed in the Missouri summary profile for coal mines, found above. The summary profile for coal mines, therefore, also describes the SWMP's beneficial use requirements as they pertain to CCW placement in noncoal mines.

Where a beneficial use exemption is not granted, a solid waste disposal permit is required and the SWMP has sole jurisdiction over the activity. The report entitled Regulation of Landfills and Surface Impoundments Managing Coal Combustion Waste in 26 States details the solid waste disposal requirements for CCW mine placement References Missouri Statutes: RSMo 16 260.242 Missouri Regulations: 10 CSR 40 10 et seq.; 10 CSR 80 2.020( 9)

Brian Hicks, Land Reclamation Program, Missouri Department of Natural Resources ( personal communication, 4/ 27/ 01 and 7/ 2/ 01)

Scott Waltrip, Solid Waste Program, Missouri Department of Natural Resources ( personal communication, 6/ 11/ 01)

Scott Waltrip, Solid Waste Program, Missouri Department of Natural Resources and Brian Hicks, Land Reclamation Program, Missouri Department of Natural Resources. Presentation at IMCC Intergovernmental Forum on Mine Placement of Coal Combustion Wastes. May 15 16, 2001. St. Louis, Missouri. State CCW Mine Placement Regulations and Policy 85 ** Revised DRAFT  do not cite or quote** August 2002 MONTANA: Coal Mines Montana's Department of Environmental Quality, Industrial and Energy Minerals Bureau has sole jurisdiction over the disposal of CCW in permitted mines. Montana has developed specific mining regulations that apply to the use of CCW as fill material or for disposal in permitted strip or underground mines. These regulations, require that the mine operator obtain approval for the CCW activity as part of the mining permit and address the following:

° Site characterization, ° Reclamation plan, ° Performance standards, ° Waste characterization ° Waste characteristic limits, ° State approval process, ° Ground water monitoring ( both during and after placement), ° Enforceable limits, ° Operational requirements/ placement engineering, ° Financial assurance, and ° Closure requirements.

Montana's solid waste regulations include CCW in the definition of an industrial solid waste. However, a solid waste disposal permit is not required for CCW mine placement if the mine is permitted by the Industrial and Energy Minerals Bureau.

References Montana Statutes: MCA 82 4 et seq.

Montana Regulations: ARM 17.24.510; ARM 17.24 Neil Harrington, Industrial and Energy Minerals Bureau, Coal and Uranium Program ( personal communication, 4/ 23/ 01 and 6/ 28/ 01) Rick Thompson, Community Services Bureau, Waste Management Section ( personal communication, 4/ 24/ 01) State CCW Mine Placement Regulations and Policy 86 ** Revised DRAFT  do not cite or quote** August 2002 MONTANA Regulatory Agency Oversight Montana Department of Environmental Quality, Industrial and Energy Minerals Bureau Allowed Uses Fill material or disposal in strip or underground mines.

Before Placement Distinction Between Beneficial Use and Disposal None specified.

Site Characterization Substantively similar to federal SMCRA, no additional requirements.

Siting Restrictions Substantively similar to federal SMCRA, no additional requirements.

Reclamation Plan Substantively similar to federal SMCRA, plus: Must specify dispo sal procedures, the hydrological means, and the chemical and physical analyses that will be conducted to demonstrate that will not adversely affect water quality, pub lic health o r safety, or other environmental resources, and will not cause instability in the backfilled area.

Waste Characterization Chemical and physical analyses as necessary to support demonstration above.

Waste Characteristic Limits The CCW cannot exceed hazardous waste characteristic limits.

Address Acid Base Balance/ Acid Mine Drainage Substantively similar to federal SMCRA, no additional requirements.

State Approval Required to Proceed Prior approval from IEMB is required as a component of the mining permit. The relative significance of the proposal would dictate whether a minor or a major modification of the permit would be necessary. A major revision is any change in the mining or reclamation plan that: ( 1) results in a significant change in the postmining drainage plan; ( 2) results in a change in the postmining land use; ( 3) results in a significant change in the bonding level within the permitted area; or ( 4) results in a change that may affect the reclaimability of the area o r the hydrologic balance on or off of the permitted area.

Public Participation Substantively similar to federal SMCRA, no additional requirements. MONTANA State CCW Mine Placement Regulations and Policy 87 ** Revised DRAFT  do not cite or quote** August 2002 During Placement Ongoing Waste Characterization Not required ( as per federal SMCRA)

Ground water Monitoring Substantively similar to federal SMCRA, plus: ° Ground water levels, infiltration rates, subsurface flow and storage characteristics, and the quality of ground water must be monitored, and in a manner approved by IEMB. ° Must include the measurement of the quality and quality of water in all disturbed or potentially affected geologic strata within and adjacent to the permit area. ° IEMB may require an expansion of the ground water monitoring system whenever a significant impact is likely. ° Results must be reported semiannually and data kept current at the mine office for inspection.

Performance Standards Substantively similar to federal SMCRA, no additional requirements.

Enforceable Limits Substantively similar to federal SMCRA, no additional requirements.

Corrective Action Substantively similar to federal SMCRA, no additional requirements.

Operational Requirements/ Placement Engineering Substantively similar to federal SMCRA, plus: ° Must conduct operations so as to minimize water pollution and, where necessary, use treatment methods to control water pollution, for example: divert runoff, use temporary vegetation, line drainage channels with rock or vegetation, or use mulching. ° Backfilled materials must be placed to minimize adverse effects on ground water flow and quality, to minimize off site effects, and to support approved post mining land use. ° Compaction, contamination, and degradation of stockpiles must be minimized and the biological properties of the soil maintained. MONTANA State CCW Mine Placement Regulations and Policy 88 ** Revised DRAFT  do not cite or quote** August 2002 Closure/ Post Closure Care Ongoing Ground water Monitoring Substantively similar to federal SMCRA, plus: Expanded ground water monitoring, if required, must continue until bond release.

Performance Bonding or Financial Assurance Substantively similar to federal SMCRA, no additional requirements.

Other Closure/ Post closure Requirements Substantively similar to federal SMCRA, no additional requirements. 5 except uranium which must met the same requirements as coal.

State CCW Mine Placement Regulations and Policy 89 ** Revised DRAFT  do not cite or quote** August 2002 MONTANA: Noncoal Mines In Montana, CCW disposal is currently taking place at one limestone mine. Unlike coal mines, the placement of CCW in a noncoal mine falls under the shared jurisdiction of the mining programs and solid waste program.

Under the mining program, regulation of noncoal mines is divided into two mining programs: Opencut ( includes sand, gravel, bentonite, clay, scoria, soil materials, and peat) and Hard Rock ( includes all other non opencut minerals5). Each mining program requires a permit mandating a reclamation plan. The reclamation plan would need to address any CCW placement taking place on the mine site but the regulations do not include any special conditions. According to internal policy, the focus of a decision to allow CCW placement would be on protection of hydrologic resources, the reclaimed vegetation, and the post mining land use. The main elements of these noncoal mine programs are described below.

In addition to mining permit coverage, CCW placement requires coverage under a solid waste disposal permit. The applicable elements of the solid waste program are also included below, assuming the classification of CCW as Waste Group II and the classification of the noncoal mine as a Class II landfill. Montana has three solid waste groups ( none include hazardous wastes): Group II wastes include decomposable wastes and mixed solid wastes ( e. g., municipal and household solid wastes, commercial and industrial solid wastes such as ashes); Group III wastes include wood wastes and non water soluble solids ( e. g., dirt, rock, brush, industrial mineral wastes); and Group IV wastes include construction and demolition wastes and asphalt. The disposal facilities are similarly classified with a Class II landfill being able to accept Group II, Group III, and Group IV wastes. Class III landfills may accept only Group III wastes, but Class IV landfills may accept both Group III and Group IV wastes.

The Opencut mining regulations require the following:

Site Information ° A map identifying areas to be disturbed, topographic features, boundaries of proposed reclamation, waterways and wells, future locations of stockpiles and disposal sites ° Narrative of the pre existing condition, including land use, estimated depth of water table, description of surface water features or wells, dominant vegetation, and any significant use by wildlife ° May require a standard soil survey of the proposed mine site State CCW Mine Placement Regulations and Policy 90 ** Revised DRAFT  do not cite or quote** August 2002 Mining and Reclamation Plan ° Designation of a postmining land use that is in conformance with local zoning ° Description of structures to control flooding, sedimentation, or erosion ° Appropriate measures to protect surface water and ground water from deterioration of water quality or quantity from mining and reclamation activities. Data may be required regarding water quality and quality before, during, and after mining. ° Description of post mining topography and the methods that will be used to achieve contours. Surfaces must be at least 3 feet above the seasonal water table. ° A disposal plan that requires a cap of at least 3 feet of suitable plant growth material, disposal in accordance to solid waste rules, and placement in an area where it could not be encountered by future mining operations. The disposal of waste not generated on site must be approved by the State. ° A revegetation plan, if the postmining land use requires it ° A statement that reclamation will be completed within 1 calendar year after mining operations have ceased Financial Assurance ° For operations and reclamation ( at least $ 200/ acre of disturbed land)

The Hard Rock mining regulations require the following:

° Notice and comment on the new permit and major amendments Reclamation Plan ° The mining area must be reclaimed for one or more uses specified in the regulations. The areas does not need to be reclaimed to a better condition or a different use than pre existing. ° Describe proposed topography of reclaimed land ° Establish vegetative cover commensurate with the proposed post mining land use ° Provisions for construction of devices to control water drainage if there is a need to prevent acid drainage or sedimentation ° Must comply with all applicable laws regarding solid waste disposal. All refuse must be disposed of in a manner that will prevent water pollution or deleterious effects upon the revegetation efforts. ° All final grading must be made with non noxious, nonflammable, noncombustable solids unless approval has been granted for a supervised sanitary fill ° Install controls to reduce or prevent siltation, erosion or other water pollution damage to streams and natural water courses State CCW Mine Placement Regulations and Policy 91 ** Revised DRAFT  do not cite or quote** August 2002 ° Dust and airborne detritus controls ° Reclamation must be concurrent with mining operations and completed within a specified reasonable amount of time ° Inspections at least once per year Financial Assurance ° Amount determined by the State The solid waste landfill regulations require the following:

Location Restrictions ° Not within a 100 year floodplain ° Only in areas which will prevent the pollution of ground and surface waters and public and private water supply systems ° Not where geological formations contain rock fractures or fissures which may lead to pollution of the ground water ° Must be located to allow reclamation and reuse of the land ° Not within wetlands ° Not within 200 feet of a fault ° Not within seismic impact zones or unstable areas Design Requirements ° Drainage structures must be installed ° Adequate separation of waste from underlying or adjacent water must be provided, the extent of which to be decided on a case bycase basis ° Designed to ensure that concentration values for parameters will not be exceeded in the uppermost aquifer ° Composite liner ( 30 mil flexible membrane liner and 2 foot layer of compact soil, with hydraulic conductivity no more than 1x10 7 cm/ sec) ° Leachate collection system ° Must be designed, constructed, and operated in a manner to prevent harm to human health and the environment Operation and Maintenance Plan ° Reclamation plan ° Ground water monitoring plan ° Disposal areas must be controlled by supervision, fencing, signs or similar means as approved State CCW Mine Placement Regulations and Policy 92 ** Revised DRAFT  do not cite or quote** August 2002 ° Daily compaction and cover ( 6 inches)

Closure ° Final cover with minimum of 18 inches earthen material ° Seed bed layer with a minimum of 5 inches of earthen material ° Revegetation of final cover within 1 year Post closure ° Period of 30 years ° Continue ground water monitoring ° Post closure land uses must not disturb the integrity of the final cover, liners, or the function of the monitoring systems ° Financial assurance for operations, closure, and post closure care References Montana Regulations: ARM 17.50.501 540; ARM 17.24.201 215; ARM 17.24.101, 115 146 Neil Harrington, Coal and Uranium Program, Industrial and Energy Minerals Bureau ( personal communication, 10/ 22/ 01)

Warren McCullough, Chief, Environmental Management Bureau ( personal communication, 10/ 23/ 01)

Ricknold Thompson, Waste Management Section Supervisor, Community Services Bureau ( personal communication, 11/ 2/ 01) State CCW Mine Placement Regulations and Policy 93 ** Revised DRAFT  do not cite or quote** August 2002 NEBRASKA: Noncoal Mines In Nebraska, CCW placement in a noncoal mine has yet to occur, although the State has recently responded to a proposal to allow CCW in a limestone quarry. If it were to occur, the Nebraska Department of Environmental Quality, Waste Management Section ( NDEQ) would have oversight of the activity. DEP has issued policy regarding alternative uses of CCW which allows for use as structural fill and provides an evaluation process for non specified uses, such as disposal. The policy outlines the following criteria to be used by DEP to review utilization requests on a case by case basis:

° Is the material classified as hazardous waste or held to other regulatory standards? ° Is the materials contaminated with other wastes? ° Does the material pose a potential threat to human health or the environment? ° Does the end use of the material constitute disposal?

Regarding the last question, the policy states " For those materials in which it has been demonstrated that the constituents of concern are below established MCLs, maximum contaminant level goals or other recognized published data, the Department will then evaluate the acceptability of the proposed use of the material in light of those applications in which the ultimate end use may constitute disposal."

According to Morgan Leibrandt, NDEQ, the review of a proposal for CCW mine placement would likely include an assessment of the fate of the CCW once in place and its geotechnical properties, which would require an analysis of the CCW and an engineering study of its suitability as a fill material.

References NDEQ Policy WAS005: Alternative Use of Coal Combustion By Products. October 1995 ( revised July 18, 1997).

Morgan Leibrandt, Compliance Unit Supervisor, Waste Management Section, Nebraska Department of Environmental Quality ( personal communication, 10/ 22/ 01) State CCW Mine Placement Regulations and Policy 94 ** Revised DRAFT  do not cite or quote** August 2002 NEW MEXICO: Coal Mines In New Mexico, CCWs are not defined as a solid waste and are exempt from all solid waste regulations. Therefore, the New Mexico Department of Energy, Minerals, and Natural Resources, Division of Mining and Materials ( DMNR) has sole jurisdiction over the placement of CCW in mines. DMNR issues a modified mining and reclamation permit for CCW placement under State regulations that are substantively similar to the federal SMCRA regulations. In addition, the State has internal policy that applies additional requirements to mine placement projects in the following areas:

° Site characterization, ° Siting restrictions, ° Reclamation plan, ° Waste characterization, ° State approval process, ° Operational requirements/ placement engineering, ° Ongoing ground water monitoring, and ° Closure requirements.

The guidelines regarding the placement of CCW in mines are not found in the State statutes, regulations, or written policy, but rather are at the discretion of the State as deemed appropriate on a site by site basis. The requirements explained in the table are those deemed necessary for the two CCW mine placement site currently operating in New Mexico.

References New Mexico Regulations: 19 NMAC 8.2 Anderson, Monte. New Mexico's Regulatory Requirements for the Use of Coal Combustion By Products. 1996 Coal Combustion By Products Forum.

Monte Anderson, New Mexico Department of Energy, Minerals, and Natural Resources, Division of Mining and Materials ( personal communication, 6/ 11/ 01) State CCW Mine Placement Regulations and Policy 95 ** Revised DRAFT  do not cite or quote** August 2002 NEW MEXICO Regulatory Agency Oversight New Mexico Department of Energy, M inerals, and Natural Resources, D ivision of Mining and Materials Allowed Uses Placement in permitted mines.

Before Placement Distinction Between Beneficial Use and Disposal None specified.

Site Characterization Substantively similar to federal SMCRA, plus: Sample water quality of coal seam aquifer.

Siting Restrictions Substantively similar to federal SMCRA, no additional requirements.

Reclamation Plan Substantively similar to federal SMCRA, plus: ° CCW disposal plan is incorporated into mining reclamation plan. ° Must include a map of the disposal area.

Waste Characterization Conduct leachate studies of CCW, as well as compaction and permeability tests.

Waste Characteristic Limits None specified ( as per federal SMCRA).

Address Acid Base Balance/ Acid Mine Drainage Substantively similar to federal SMCRA, no additional requirements.

State Approval Required to Proceed Upon approval, the CCW disposal plan is incorporated into the mining permit ( is not considered a permit modification).

Public Participation Not required.

During Placement Ongoing Waste Characterization Not required ( as per federal SMCRA).

Ground water Monitoring Substantively similar to federal SMCRA, plus: Quarterly monitoring of the chemical parameters that make up the CCW.

Performance Standards Substantively similar to federal SMCRA, no additional requirements. NEW MEXICO State CCW Mine Placement Regulations and Policy 96 ** Revised DRAFT  do not cite or quote** August 2002 Enforceable Limits Substantively similar to federal SMCRA, no additional requirements.

Corrective Action Substantively similar to federal SMCRA, no additional requirements.

Operational Requirements/ Placement Engineering Substantively similar to federal SMCRA, plus: Drainages that run above disposal areas should have low drainage gradients.

Closure/ Post Closure Care Ongoing Ground water Monitoring Substantively similar to federal SMCRA, plus: Following reclamation, lysimeters may be required to monitor any saturation.

Performance Bonding or Financial Assurance Substantively similar to federal SMCRA, no additional requirements.

Other Closure/ Post closure Requirements Substantively similar to federal SMCRA, plus: Disposal areas are to be covered by spoil materials in add ition to topsoil material. 6 These include: in the manufacture of roofing shingles or asphalt products; as a traction agent on roadways, parking lots and other driving surfaces; as an ingredient to produce light weight block, light weight aggregate, low strength backfill material, manufactured gypsum or manufactured calcium chloride; as a cement or aggregate substitute in concrete or concrete products; as raw feed in the manufacture of cement; and as structural fill within building foundations when placed above the seasonal high groundwater table.

State CCW Mine Placement Regulations and Policy 97 ** Revised DRAFT  do not cite or quote** August 2002 NEW YORK: Noncoal Mines In New York, mine placement of CCW is regulated jointly by two divisions within the New York Department of Environmental Conservation, the Division of Solid Waste and the Division of Mineral Resources. Mine placement of CCW currently is occurring at only one mine site, an old sand and gravel quarry ( New York does not have any coal mines), and involves fly ash exclusively. The site is operating under an RD& D permit from the Division of Solid Waste and a mining permit from the Division of Mineral Resources. New York anticipates that any future projects would be required to also obtain permits from both divisions. From the Division of Mineral Resources, a mining permit amendment would be necessary if CCW placement was not part of the original reclamation plan. The Division of Solid Waste may issue a beneficial use permit. Beneficial use permit requirements have been established for certain CCW uses, 6 but mine placement is not one of these, so approval of this use would be on a case by case basis.

The requirements/ policies for mine placement of CCW are determined on a case by case basis and are site specific in the solid waste and mining permits. The general mine placement requirements and those for the current project are outlined below.

Site characterization ° Site characterization is required as a part of the original mining permit and must include the geographic location of the mine; the location and description of topographic, cultural, and land use features within and adjacent to the affected land; and a description of the existing condition of the ground surface at the mine including areas already mined or disturbed by mining activity. ° Consideration of the site hydrology is also required as part of the original mining permit and, on a case by case basis, may have to specifically address the use of CCW. ° The need for background ground water and surface water monitoring data is determined on a case by case basis.

Siting restrictions ° The criteria for accepting/ rejecting a site are determined on a case by case basis.

Reclamation plan ° A reclamation plan is required as part of the original mining permit application and must address the CCW placement. State CCW Mine Placement Regulations and Policy 98 ** Revised DRAFT  do not cite or quote** August 2002 ° The reclamation plan must include the applicant's proposed land use objective, the proposed method of reclaiming affected land, and a schedule for reclaiming the affected land. ° The site must meet grade requirements and compressive strength requirements.

Waste characterization & limits ° Waste characterization must be conducted both pre placement and during placement on a quarterly basis using the SPLP and total metals methods. The State has not assigned numerical acceptance criteria for the single existing site. However, the facility itself has established internal criteria.

Ground water and surface water monitoring ° Groundwater and surface water monitoring is required during placement for metals and routine field parameters. The number of wells and frequency of monitoring are determined on a case by case basis. For CCW placement, ground water sampling wells must be located down gradient and in proximity to the disturbed area. ° The New York State ground water and surface water quality standards must be met ( specified at 6 NYCRR 703) ° Groundwater and surface water monitoring after placement is determined on a case by case basis, although generally ash landfills are required to submit at least five years of post closure monitoring data. ° Groundwater and surface water monitoring can be discontinued once the post closure requirements are met.

Operational requirements/ placement engineering ° Placement into the water table is not allowed under current beneficial use determinations. For RD& D permits, placement would be determined on a case by case basis. ° Placement into mine pools is allowed. ° Liners are not currently required. ° Leachate collection systems are not required. ° Waste conditioning is required using moisture addition. ° Fugitive dust controls are required.

Closure and post closure requirements ° Closure and post closure plans addressing the CCW placement are required for current site. ° Closure requirements are determined on a case by case basis. The requirements for the current site include: final closure and capping of this project must occur within 90 days of the earliest of the dates listed within the permit, except that a vegetative cover must be established within 180 days; and capping shall consist of 18 inches of compacted soils overlain by 6 inches of topsoil, State CCW Mine Placement Regulations and Policy 99 ** Revised DRAFT  do not cite or quote** August 2002 graded to a minimum slope of 2%, followed by the establishment of an appropriate cover crop. This cap shall be monitored and maintained for a minimum of 30 years following closure. ° Re establishment of the surface stream is required.

Corrective Action ° Corrective actions may be triggered by violation of the permit. Generally, the State may require closure, capping, or possible removal of placed materials. For the existing site, the State may require immediate cessation of operations.

Financial Assurance ° Financial assurance is required. Mechanisms include liability insurance, bonds, letters of credit, certificates of deposit, and cash. ° For the reclamation bond, the period of liability extends until final reclamation is completed. For the RD& D permit, the bond is renewed as the permit is renewed. ° The amount is determined on a case by case basis. ° Closure certification is required for bond release ( minimum of two years after reclamation before bond release).

References New York Regulations: 6 NYCRR 360 1.15( b)( 14 16); 6 NYCRR 703 Revised Draft Report on Mine Placement Information Collection Visit to New York. August 6, 2002. U. S. EPA Office of Solid Waste. ( Including the CCW Minefill Management Practices Discussion Guide, July 10, 2002) State CCW Mine Placement Regulations and Policy 100 ** Revised DRAFT  do not cite or quote** August 2002 NORTH DAKOTA: Coal Mines The North Dakota Pubic Service Commission, Reclamation Division ( PSC) has dual jurisdiction with the North Dakota Department of Health, Division of Solid Waste Management ( DOH) over placement of CCW in mines. Such activity is subject to State mining regulations, which are substantively similar to the federal SMCRA regulations, and additional PSC policy. PCS's policy speaks to the performance bond and closure process in instances where mines are being used as a disposal facility. PSC also has developed policy addressing the beneficial use of CCW.

Mines used for CCW disposal also are regulated by DOH and are permitted as special waste landfills. The solid waste management permit is reviewed by PSC before final issuance. The regulatory provisions and DOH policy provisions for mines regulated as special waste landfills include:

° Site characterization, ° Siting restrictions, ° Reclamation plan, ° Performance standards, ° Waste characterization ( both pre placement and during placement), ° State approval process, ° Ground water monitoring ( both during and after placement), ° Operational requirements/ placement engineering, ° Financial assurance, and ° Closure requirements.

Beneficial use on mine sites is allowed in generally relatively small amounts. The activity must follow specific guidelines and be approved by DOH. Additional requirements or conditions beyond the guidelines may be stipulated by DOH. State CCW Mine Placement Regulations and Policy 101 ** Revised DRAFT  do not cite or quote** August 2002 References North Dakota Statutes: NDCC 38 14.1 North Dakota Regulations: NDAC 33 20 04, 33 20 07, 33 20 13, 33 20 14, and 69 05.2.

Policy Memorandum No. 15 to Mine Operators: Performance Bond Release for Waste Disposal Operations Located on Mined Lands. January 13, 1999.

Guideline 11   Ash Utilization for Soil Stabilization, Filler Materials and Other Engineering Uses. April 2002.

Jim Deutsch, Director, Reclamation Division, North Dakota Pubic Service Commission ( personal communication, 5/ 8/ 01)

Steve Tillotson, Asst. Director, Division of Solid Waste Management, North Dakota Department of Health ( personal communication, 5/ 8/ 01 and 6/ 18/ 01) State CCW Mine Placement Regulations and Policy 102 ** Revised DRAFT  do not cite or quote** August 2002 NORTH DAKOTA Disposal Beneficial Use Regulatory Agency Oversight ° North Dakota Pubic Service Commission, Reclamation Division ( PSC) ° North Dakota Department of Health, Division of Solid Waste Management ( DOH)

Allowed Uses Disposal at inactive mine sites ° Soil stabilization ° Road stabilization ° Filler material ° Other engineering uses as approved on a case by case basis Before Placement Distinction Between Beneficial Use and Disposal Landfilling of CCW with no intended beneficial use. Any CCW placement not considered disposal that can be demonstrated to not adversely impact the environment.

Site Characterization The site characterization must address the following: ° Location and water quality of the waterbodies and wells within one mile of the site boundary. ° Site location in relation to the 100 year floodplain. The site characterization must address soils, topography, geology, hydrogeology, ground water quality, surface water conditions and flow, vegetation, etc.

Siting Restrictions ° Not within an area which may result in imp acts to human health or environmental resources. ° Not within an aquifer or wellhead protection area. ° Not within 1,000 feet to a downgradient drinking water supply well ( may be waived). ° Not within 100 year floodplain. ° Not where geologic or manmade features may result in differential settlement ° Not within unstable slopes. ° Not within woody draws. ° Not within mine high walls. ° Not within endangered or threatened species habitats. ° Not within 200 feet horizontally from the ordinary high water elevation of any surface water or wetland ( may be waived). ° Placement into the water table is not allowed. No specific restrictions but information must be submitted in the proposal regarding " potential receptors," such as: ° Nearby communities ° Residences ° Parks ° Natural areas ° Waterways NORTH DAKOTA Disposal Beneficial Use State CCW Mine Placement Regulations and Policy 103 ** Revised DRAFT  do not cite or quote** August 2002 Reclamation Plan Not required. Not required.

Waste Characterization Waste characterization is required using USEPA's physical and chemical test methods for evaluating solid waste ( including TCLP analysis). The regulations do not have specific requirements for waste characterization, rather the necessary testing is determ ined on a case by case basis. DOH's preferred test is the ASTM D 3987 test which mimics rainfall interaction with the waste. Waste characterization is required using either: ( 1) a modified US EPA SPLP Method 1312 with a solution to solid ratio of 4: 1, or ( 2) a modified ASTM D 3987 procedure with the same ratio. The guidelines provide a list of parameters that may be reduced based upon review.

The proposal should also provide: ° Background information on the source, quality, and quantity of the ash. ° Laboratory simulation testing to replicate field conditions to determine leachability of the material as placed.

Waste Characteristic Limits None specified. None specified ( as per federal SMCRA).

Address Acid Base Balance/ Acid Mine Drainage Not required. Not required.

State Approval Required to Proceed Must obtain a solid waste disposal permit from DOH and obtain specific PSC approval for CCW placement. Approval by any health, environmental, and permitting authorities must be obtained before the project is conducted. Any DOH approval is contingent upon and does not supercede compliance with all local environmental, health, and building code requirements.

Public Participation ° Public notice of proposed permit: Two publications by permit applicant, and one by DOH. ° 30 day public comment period. ° Opportunity for a hearing if sufficient interest. None.

During Placement NORTH DAKOTA Disposal Beneficial Use State CCW Mine Placement Regulations and Policy 104 ** Revised DRAFT  do not cite or quote** August 2002 Ongoing Waste Characterization Not required. Required on a case by case basis for ongoing projects on an annual basis, and more frequently if: ° There has been any process change in the waste generation that might influence the character of the waste ° The raw material or type of fuel changes ° There has been any other changes or variances that may influence the characteristics of the ash/ product or mixture Ground water Monitoring Substantively similar to federal SMCRA, plus: ° Include at least one upgradient well and at least 2 downgradient wells. ° A minimum of four independent samples from each well must be collected for analysis during the first sampling event for establishing background data. ° Monitoring for several additional parameters required. May be required on a case by case basis.

Performance Standards Not specified ( other than enforceable limits below). Not specified.

Enforceable Limits ° If a statistically significant increase over background values or an exceedance of a maximum concentration limit or water quality standard, the operator must initiate an assessment of remedial measures. ° Based on the results of the assessment, the operator must select a corrective action remedy within thirty days which is protective of human health and environmental resources and attains ground water protection stand ards. ° Must have adequate financial assurance to cover any corrective actions. Not specified.

Corrective Action The proposal should address reasonable contingencies such as discontinuance of the application methods and cleanup of the site should environmental damage occur. NORTH DAKOTA Disposal Beneficial Use State CCW Mine Placement Regulations and Policy 105 ** Revised DRAFT  do not cite or quote** August 2002 Operational Requirements/ Placement Engineering ° An operation plan with procedures for managing the CCW. ° A liner is required, but typically a leachate removal system is no t. ° Placement into the water table is not allowed. ° Spread and compact waste as densely as possible. ° Control run on and runoff. ° Fugitive dust controls. ° Intermediate cover ( 8 inches of clay or synthetic material). ° The proposal should include a description of the material handling and conceptual construction, including: transport and storage of materials, placement of materials, equipment, construction techniques, moisture application and monitoring, mixing, testing, etc. ° Controls and monitoring of windblown dust, stormwater and/ or any ponded water must be described. ° The proposer should provide routine reports on construction and operation progress, monitoring results, final construction details, and re analysis of the ash. NORTH DAKOTA Disposal Beneficial Use State CCW Mine Placement Regulations and Policy 106 ** Revised DRAFT  do not cite or quote** August 2002 Closure/ Post Closure Care Ongoing Ground water Monitoring ° Must continue during post closure period. May be required on a case by case basis.

Performance Bonding or Financial Assurance ° Must have adeq uate financial assurance to cover costs of closure and post closure care. The mechanisms may include a reserve account, trust fund, surety bond, letter of credit, financial test, insurance policy, or corporate guarantee. ° Before granting final bond release on mined areas used for long term waste disp osal activities, the PSC will require a showing that sufficient top soil and subsoil have been set aside to pro vide a total respread thickness of at least 24 inches of soil for sites where the cover material is non sodic spoil and 36 inches where the cover is sodic spoil, with a minimum topsoil thickness of 8 inches. Not required.

Other Closure/ Post closure Requirements ° Closure and post closure plans required. ° Closure within 30 days of final disposal activity. ° A final cap with a depth of least 5 feet ( compacted clay or synthetic material, and a layer for plant growth) that ensures the quality and integrity of the hydraulic barrier and the vegetative cover. ° Post closure maintenance and monitoring for 30 years. ° Post closure corrective action activities may be required. ° Vegetative cover must be good enough to provide longterm site stability and the capability to produce hay crops. The proposal should address final disposal of placed materials after the life of the project, if applicable. State CCW Mine Placement Regulations and Policy 107 ** Revised DRAFT  do not cite or quote** August 2002 NORTH DAKOTA: Noncoal Mines According to Ed Murphy, North Dakota Geological Survey, gravel pits and clay pits for brick manufacture are the only types of noncoal mining currently occurring. There is no regulatory oversight of gravel and clay mining operations and reclamation by his agency at this time. Therefore, the North Dakota Department of Health, Division of Solid Waste Management ( DOH) would have sole jurisdiction over the disposal of CCW in noncoal mines if it were to occur. As with coal mines, noncoal mines used for CCW disposal would be permitted by DOH as special waste landfills. The regulatory provisions and DOH policy provisions for mines regulated as special waste landfills are detailed in the North Dakota summary profile for coal mines, found above.

References Steve Tillotson, Assistant Director, Division of Solid Waste Management, North Dakota Department of Health ( personal communication, 10/ 31/ 01)

Ed Murphy, North Dakota Geological Survey ( information provided via Steve Tillotson) 7 Based on available characterization data and anecdotal information from DSW, most fly ash and bottom ash would meet this definition.

State CCW Mine Placement Regulations and Policy 108 ** Revised DRAFT  do not cite or quote** August 2002 OHIO: Coal Mines Under State law as amended March 18, 1999, the Ohio Department of Natural Resources, Division of Mineral Resources Management ( DMRM) has sole jurisdiction over the beneficial use of CCW on mine sites. No regulations have been developed pertaining to CCW beneficial uses, but DMRM has created draft policy guidelines that detail the allowable beneficial uses and the controls on their use. The provisions of the policy guidelines include:

° Site characterization, ° Siting restrictions, ° Waste characterization ( both pre placement and during placement), ° Waste characteristic limits, ° Acid base accounting, ° State approval process, ° Public participation, ° Ground water monitoring, and ° Operational requirements/ placement engineering,

These guidelines supplement existing State mining regulations, which are substantively similar to the federal SMCRA regulations, and apply the SMCRA provisions for noncoal mine waste disposal to CCW placement. The policy guidelines were developed for active coal mine sites and will be used only as a reference for abandoned mine lands projects.

Beneficial uses of CCW, as defined and controlled by DMRM, do not require a solid waste disposal permit. Mine placement that does not obtain DMRM's approval as a beneficial use would be categorized as disposal. There are no current mine placement operations that would be categorized as disposal. Historically, there may have been several disposal operations in the late 1980' s, but these would have been managed under old guidelines and policy. Therefore, the discussion of disposal requirements in the paragraphs below and in the table is based on requirements that might apply, were disposal proposed today.

Disposal projects would be regulated jointly by DMRM and by the Ohio Environmental Protection Agency, Division of Solid and Infectious Waste Management ( DSW). Under Ohio's solid waste regulations, fly ash and bottom ash that test as " non toxic" 7 are State CCW Mine Placement Regulations and Policy 109 ** Revised DRAFT  do not cite or quote** August 2002 exempt from the definition of solid waste and from the solid waste permitting regulations. However, DSW has issued detailed policy guidelines regarding non toxic CCW monofills. DSW has plans to convert the policy into enforceable law but the process has not yet begun. These policy guidelines require multi media permitting and include:

° Site characterization ( may be required on a site by site basis), ° Siting restrictions, ° Waste characterization ( both pre placement and during placement), ° Waste characteristic limits, ° State approval process, ° Ground water monitoring ( both during and after placement may be required on a site by site basis), ° Enforceable limits, ° Operational requirements/ placement engineering, and ° Closure requirements.

DSW has additional, more stringent regulatory requirements for CCW that does not meet the definition of " non toxic." These solid waste regulatory requirements are summarized in Regulation of Landfills and Surface Impoundments Managing Coal Combustion Waste in 26 States, December 14, 2000 and are not included in this summary.

References Ohio Statutes: ORC 1513.02( A)( 7); ORC 1513 and 1514 Ohio Regulations: OAC 1501: 13 9 09; OAC 1501: 13 Ohio DNR, Division of Natural Resources Management, GENERAL GUIDELINES, Beneficial Use of Coal Combustion By products ( CCB) on Coal Mining and Reclamation ORC Chapter 1513 Permit Areas. ( September 5, 2001)

Ohio DNR, Division of Natural Resources Management, HYDROLOGY GUIDELINES, Beneficial Use of Coal Combustion By products ( CCB) on Coal Mining and Reclamation ORC Chapter 1513 Permit Areas. ( September 5, 2001)

Ohio DNR, Division of Natural Resources Management, SOILS GUIDELINES. ( September 5, 2001) State CCW Mine Placement Regulations and Policy 110 ** Revised DRAFT  do not cite or quote** August 2002 Ohio DNR, Division of Natural Resources Management, Attachment 34 [ Beneficial Use of Coal Combustion Byproducts ( CCB)]. ( September 5, 2001)

Annette DeHavilland, Ohio Environmental Protection Agency, Division of Solid and Infectious Waste Management ( personal communication, 6/ 13/ 01)

Mike Dillman, Ohio Department of Natural Resources, Division of Mineral Resources Management ( personal communication, 5/ 4/ 01)

Bob Baker, Ohio Department of Natural Resources, Division of Mineral Resource Management. Presentation at IMCC Intergovernmental Forum on Mine Placement of Coal Combustion Wastes. May 15 16, 2001. St. Louis, Missouri.

Mike Sponsler, Chief, Ohio Department of Natural Resources, Division of Mineral Resources Management ( written comments to EPA, 2/ 02)

Revised Draft Report on Mine Placement Information Collection Visit to Ohio. July 31, 2002. U. S. EPA Office of Solid Waste. ( Including the CCW Minefill Management Practices Discussion Guide, July 1, 2002) State CCW Mine Placement Regulations and Policy 111 ** Revised DRAFT  do not cite or quote** August 2002 OHIO Disposal Beneficial Use Regulatory Agency Oversight Ohio Environmental Pro tection Agency, Division of Solid and Infectious Waste Management ( DSW) Ohio Department of Natural Resources, Division of Mineral Resources Management ( DMRM)

Allowed Uses Disposal at mine sites. ° Land reclamation uses ( neutralization of coal refuse, neutralization of spoil, lining of pit floors for neutralization, reduce potential for acid mine drainage formation, sealing of toxic material). ° Land application uses for agronomic value ( soil additive). ° Mine sealing.

Before Placement Distinction Between Beneficial Use and Disposal Any placement not meeting the co nstraints at right is defined as disposal. ( In practice, DMRM has used the volume of CCW to be placed to determine that a project constitutes disp osal.) ° Use must not be in a manner that is equivalent to a disposal system or a solid waste disposal facility. ° Use must be unlikely to adversely affect human health, human safety, or the environment. ° Use must be unlikely to degrade existing land, air, or water quality.

Site Characterization May be required on a site by site basis. Substantively similar to federal SMCRA, plus: ° Background water quality sampling under seasonal conditions is usually necessary in order to characterize existing conditions before CCW use begins. ° The number of monitoring points needed to assess the potential impact on ground and surface water will be required.

° For use as soil additive: The soil or spoil top cover must be sampled and analyzed before any CCB material can be added as a soil additive. This background analysis is needed to determine that the soil or spoil top cover is not contaminated.

Siting Restrictions Ash may not be placed: ° Within the surface or subsurface areas surrounding a Substantively similar to federal SMCRA, plus: ° Not within 100 feet of streams ( unless variance OHIO Disposal Beneficial Use State CCW Mine Placement Regulations and Policy 112 ** Revised DRAFT  do not cite or quote** August 2002 public water well. ° Above a federally declared aquifer. ° In a sand or gravel pit. ° In a limestone or sandstone quarry. ° In an area of potential subsidence due to an underground mine. ° Within 1000 feet of a water supply well or developed spring ( some exceptions). ° Within 5 feet of the uppermost aquifer ( measured from the bottom of the liner). approved). Distance may be increased for exceptionally high value streams. ° Not within 100 feet of high quality wetlands. Distance may be increased if necessary. ° Not within 500 feet upgradient of a surface drinking water source or within 300 feet of a ground water source. ° Not within 300 feet of an occupied dwelling unless owner provides a written waiver. ° Not within 8 feet of the regional ground water table unless DMRM approves based on information that demonstrates ground water contamination will not occur.

Reclamation Plan Not required. Substantively similar to federal SMCRA, plus: Operation and Reclamation Plan must include a detailed narrative description of the following: ° Site preparation ( include erosion and sediment controls); ° Placement of CCB material and quantities used; ° Placement of CCB material in relation to the regional ground water table.

In addition, maps and cross sections are required.

Waste Characterization ° Representative samples of waste must be obtained and characterized using the TCLP acid extraction test or a modified TCLP extraction test. ° Three initial test results for each parameter ( 21 total) are required to show compliance with the non toxic criteria, where applicable. ° An organic or dioxin analysis of the simulated leachate, or a chemical analysis of the dry material, may be required on a case by case basis. ° TCLP tests required prior to submittal for CCW and any associated material. ° TCLP for arsenic, barium, cadmium, chromium, lead, mercury, selenium, pH, acidity, alkalinity, aluminum, chloride, sodium, iron, manganese, sulfate, TDS, fluoride, silver, zinc. The tests may use either acid or de ionized water as the leachate solution. ° Material characterization ( total) for pH, percent pyritic sulfur, po tential acid ity, neutralization po tential, hydrogen ion concentration, percent total sulfur, and calcium carbonate deficiency. OHIO Disposal Beneficial Use State CCW Mine Placement Regulations and Policy 113 ** Revised DRAFT  do not cite or quote** August 2002 ° For use as soil additive: pH, bo ron, soluble salts, standard agricultural series test, primary drinking water standards, secondary drinking water analysis, and possible additional parameters. ° For use as a liming agent: The calcium carbonate equivalent must be at least 100 parts per thousand ( i. e., 100 tons of CaCO 3 per 1,000 tons of ash) or 10% by dry weight. The calcium carbonate equivalence is to be determined by the N eutralization Potential Test in accordance with EPA 600/ 2 78/ 054 Section 3.2.3 or other test approved by the Division.

Waste Characteristic Limits To be defined as non toxic, TCLP levels may not exceed 30 times State MCLs for the RCRA toxicity metals other than silver. DSM has additional, more stringent regulatory requirements for CCWs that do not meet this definition. ° Maximum acceptable leachate concentrations are 30 times State MCLs for arsenic, barium, cadmium, chromium, lead, mercury, selenium. ° For alkaline addition: pH between 6.5 and 12.5. ° For low permeability use: pH between 6.5 and 12.5, hydraulic conductivity 1x10 7 cm/ sec ( with exceptions). ° For use as soil additive: Boron less than 4 ppm ( hot water extraction method), soluble salts( conductivity) less than 2 mmhos when mixed with the surface materials, and pH between 6.5 to 8.0 unless otherwise approved on a case by case basis.

Address Acid Base Balance/ Acid Mine Drainage Not required. Substantively similar to federal SMCRA, plus: Alkaline addition use requires complete acid/ base accounting of the CCW and the associated material ( spo il, coal refuse, etc.). Calcium carbonate deficiency must be more negative than  5 tons CaCO3 per 1,000 tons of material. Modified acid/ base analysis is required for other uses.

State Approval Required to Proceed After a site inspection and consultations with the Ohio EPA district office personnel, a permit to install application, detailed plans, an air permit to operate application, and an Usually a major revision to a mining permit is proposed through an application to revise a permit. An updated probable hydrologic consequences and cumulative OHIO Disposal Beneficial Use State CCW Mine Placement Regulations and Policy 114 ** Revised DRAFT  do not cite or quote** August 2002 NPDES permit application need to be submitted. hydrologic impact assessment are required when coal ash is used on mine sites.

Public Participation Not required. Substantively similar to federal SMCRA, plus: ° Proposals must include the consent of the owner of the land where CCW is to be placed. ° If a major revision, must meet public notification/ comment requirements of State law. ° New permit applications are required to address CCW in the public notice.

During Placement Ongoing Waste Characterization At a minimum, annual tests must be performed on the materials and submitted. Additional analyses are required for any change in operations that generate waste. Characterization required annually or when significant changes in CCW source or combustion/ pollution control procedures.

For use as so il additive: Required quarterly.

Ground water Monitoring May be required on a site by site basis. Substantively similar to federal SMCRA, plus: ° Monitoring, including surface water monitoring, is almost always required for add itional parameters. ° If required, monitoring is normally quarterly, but may be required at another frequency determined during the review process. ° Monitoring points typically associated with active coal mines are, in most cases, capable of providing information on the effects of CCW placement. ° Monitoring points can be existing wells, springs, seeps, mine discharges, streams, pond s, or other sites. ° Upgradient and downgradient monitoring points will depend on the configuration of placement, volume of CCW, and existing conditions at the site.

Performance Standards None specified. Substantively similar to federal SMCRA, plus: OHIO Disposal Beneficial Use State CCW Mine Placement Regulations and Policy 115 ** Revised DRAFT  do not cite or quote** August 2002 The use of CCW shall be designed to: ° Achieve an overall improvement in water q uality, ° Prevent or reduce the degradation of water quality, or ° Have a benign impact on water quality. ° For use as soil additive: Be applied at a rate/ acre that will protect public health, safety, and the environment.

Enforceable Limits If monitoring is required, can not exceed Ohio water quality standards and discharge limitations specified in the policy for 19 parameters. Substantively similar to federal SMCRA, no additional requirements.

Corrective Action Not required. Substantively similar to federal SMCRA, no additional requirements.

Operational Requirements/ Placement Engineering ° Minimum of 5 feet between the uppermost aquifer and the bottom of the liner. ° Recompacted soil liner must be at least 1.5 feet thick and have a maximum permeability of 1x10 7 cm/ sec. ° Leachate collection system required for entire disposal area. ° A wastewater treatment facility to collect and treat all leachate and contaminated ( contact) surface runoff from the disposal area must be constructed. ° A diversion ditch must be placed around the perimeter of the disposal area. ° A Storm Water Pollution Prevention Plan must be implemented. ° Fugitive dust controls must be implemented. ° A management plan that details the operation of the facility must be submitted. Substantively similar to federal SMCRA, plus: ° No placement within 8 feet of the regional ground water table unless DMRM approves based on information that demonstrates ground water contamination will not occur. ° Cross sections of the beneficial use placement configuration are required. At least one transverse crosssection and one longitudinal cross section must be provided showing the elevation, final profile, saturated zones ( existing and proposed) and reclaimed surface profiles of the beneficial use areas. ° Compaction may be required on a case by case basis. ° Erosion and sediment controls. ° Dust control measures. ° For alkaline addition use: The layers must not exceed a thickness of two feet. ° For low permeability use: T o isolate acid and toxic materials, the layers must have a minimum thickness of two feet. ° For use as so il additive: If CCW exceeds limits for soil additive use and is used in areas underlying surface growing media, it must be separated from the surface by OHIO Disposal Beneficial Use State CCW Mine Placement Regulations and Policy 116 ** Revised DRAFT  do not cite or quote** August 2002 a minimum of 30 inches of non toxic material. ° For use as soil additive: If CCW material is incorporated into acid forming materials without a cap, the 4 foot nontoxic cover is required. ° For use as so il additive: The depth of the CCW materials and soil mixture should not exceed one foot unless otherwise approved on a case by case basis. ° For use as lime substitute: The calcium carbonate or other nutrient of the CCW material should be used in accordance with the amount based on chemical equivalence that would be needed to substitute for lime or other constituents. OHIO Disposal Beneficial Use State CCW Mine Placement Regulations and Policy 117 ** Revised DRAFT  do not cite or quote** August 2002 Closure/ Post Closure Care Ongoing Ground water Monitoring May be required on a site by site basis. Substantively similar to federal SMCRA, plus: Monitoring for the add itional parameters must continue until bond release.

Performance Bonding or Financial Assurance Not required. Substantively similar to federal SMCRA, no additional requirements.

Other Closure/ Post closure Requirements ° Final cap with thickness of at least 12 18 inches of material suitable for establishing and maintaining vegetative cover. ° Final grading of 2 25%, grading must prevent ponding. ° Final cover and reclamation should be completed within six months of final ash placement in the mine. Substantively similar to federal SMCRA, no additional requirements. 8 Based on available characterization data and anecdotal information from DSW, most fly ash and bottom ash would meet this definition. DSW has more stringent regulatory requirements for CCW that does not meet the definition of " non toxic." These requirements also are summarized in Regulation of Landfills and Surface Impoundments Managing Coal Combustion Waste in 26 States.

State CCW Mine Placement Regulations and Policy 118 ** Revised DRAFT  do not cite or quote** August 2002 OHIO: Noncoal Mines In Ohio, the placement of CCW at a noncoal mine site has yet to occur. As with coal mines, the Ohio Department of Natural Resources, Division of Mineral Resources Management ( DMRM) has sole jurisdiction over the beneficial use of CCW on noncoal mine sites. Beneficial uses include land reclamation uses ( i. e., neutralization of coal refuse, neutralization of spoil, lining of pit floors for neutralization, reduce potential for acid mine drainage formation, sealing of toxic material), land application uses for agronomic value, and mine sealing. DMRM would require prior approval of the beneficial use and a revision of the reclamation plan to account for the use. No specific policy or regulations exist for beneficial uses at noncoal mine sites as they do for coal mine sites.

Mine placement that does not obtain DMRM's approval as a beneficial use would be regulated as disposal by the Ohio Environmental Protection Agency, Division of Solid and Infectious Waste Management ( DSW). Under Ohio's solid waste regulations, fly ash and bottom ash that test as " non toxic" 8 are exempt from the definition of solid waste and from the solid waste permitting regulations. However, DSW has issued detailed policy guidelines regarding non toxic CCW monofills. DSW has plans to convert the policy into enforceable law but the process has not yet begun. These policy guidelines require multi media permitting and are detailed in the Ohio summary profile for coal mines, found above. The Ohio Department of Natural Resources, Division of Mineral Resources Management ( DMRM) would work the solid waste requirements into the reclamation plan but would not be involved in the disposal approval process.

Whether the CCW placement is considered disposal or a beneficial use, DMRM's noncoal mining regulations apply. The regulations require a 10 year mining and reclamation permit and direct the mine operator to do the following:

° Develop a reclamation plan, include a detailed map ° Perform site characterization/ produce a geological data report ° Attain a performance bond: surety bond, cash, irrevocable letter of credit, or certificates of deposit ( amount determined by DMRM and adjusted as necessary) ° Follow proper blasting procedures ° Minimize acid drainage and acid water accumulation State CCW Mine Placement Regulations and Policy 119 ** Revised DRAFT  do not cite or quote** August 2002 ° Protect surface and subsurface water systems ° Comply with criteria for final slopes, highwalls, resoiling, soil amendments, and revegetation ° Comply with criteria on the construction of dams, dikes, diversions, impoundments, and drainage channels.

References Ohio Administrative Code, Chapter 1501: 14 1, 14 3, 14 4 Mike Dillman, Ohio Department of Natural Resources, Division of Mineral Resources Management ( personal communication 10/ 19/ 01) State CCW Mine Placement Regulations and Policy 120 ** Revised DRAFT  do not cite or quote** August 2002 OKLAHOMA: Coal Mines In Oklahoma, there is currently no placement of CCW in active coal mines, although it is happening in several inactive coal mines where SMCRA regulations are not applicable. Placement in the inactive coal mines is governed by the State's noncoal mining regulations, described in the summary profile for noncoal mines, below. Oklahoma's solid waste regulations exempt CCW from all solid waste permitting requirements if disposed of in any active or inactive coal or noncoal mining operation that is permitted by the Department of Mines. Oklahoma recently proposed CCW disposal regulations applicable to mine placement. These proposed regulations have not yet been finalized.

If placement was to occur in an active coal mine, it would be under the sole jurisdiction of the Oklahoma Department of Mines ( DOM) and be subject to State mining regulations, which are substantively identical to the Federal SMCRA regulations. Placement in coal mines, however, will most likely be limited in Oklahoma. According to Darrell Shults of the Oklahoma Department of Mines: " To date, it has not been a feasible alternative to dispose of coal combustion byproducts ( CCB) in the active surface mining pits due to the fairly thin beds of coal present in Oklahoma. The required storage volume isn't available without severely impacting the final contours. Also, transportation from the CCB producer to the active coal mines is an economic impact."

References Oklahoma Statutes: Title 45 O. S. § 940; Title 45 et seq.

Oklahoma Department of Environmental Quality, Coal Combustion Byproducts ( CCB) Policy Statement. February 29, 2000.

Cathy Frank, Department of Mines ( personal communication, 5/ 10/ 01)

Tom Gilbert, Department of Mines ( personal communication, 5/ 2/ 01)

John Roberts, Department of Environmental Quality ( personal communication, 4/ 10/ 01)

Darrell Shults, Oklahoma Department of Mines. Comments at IMCC Intergovernmental Forum on Mine Placement of Coal Combustion Wastes. May 15 16, 2001. St. Louis, Missouri. State CCW Mine Placement Regulations and Policy 121 ** Revised DRAFT  do not cite or quote** August 2002 Darrell Shults, Oklahoma Department of Mines ( written comments to EPA, 11/ 21/ 01) State CCW Mine Placement Regulations and Policy 122 ** Revised DRAFT  do not cite or quote** August 2002 OKLAHOMA: Noncoal Mines Oklahoma's solid waste regulations exempt CCW from all solid waste permitting requirements if disposed of in any active or inactive coal or noncoal mining operation that is permitted by the Oklahoma Department of Mines ( DOM). Therefore, DOM has sole jurisdiction over CCW placement in noncoal mines and inactive coal mines. These types of placement are subject to the State noncoal mining regulations, summarized below. In 2001, DOM proposed specific CCW disposal regulations applicable to mine placement but they have yet to be finalized. The new regulations will be assimilated into existing applicable programs, rather than create a new program.

DOM's noncoal surface mining and reclamation permit regulations require the following:

° Public notice and comment ° Ground water and surface water monitoring required on a case by case basis If within Scenic River Areas ° Must submit detailed site information and a removal plan with tonnage and depth information ° Can not change the course of the river ° A minimum 100 foot undisturbed buffer of natural vegetation between water's edge and any plant site. If not plant on site, take precautions to preserve integrity of the stream bank ° The Department of Public Transportation may require other setbacks ° BMPs must be installed as necessary to minimize the amount of sediment and spoil returning to the stream Performance Standards ° Permittee must take all possible steps to minimize any hazardous impact and prevent significant, imminent harm to the environment or public health and safety ° Appropriate BMPs for erosion and sediment control must prevent additional contribution of sediment and erosion to prevent degradation of the environment Reclamation Plan ° Grading must be completed within 1 year of termination of mining of each segment ° Describe the planned post mining uses ° Include methods to prevent or eliminate conditions that will be hazardous to animal or fish life State CCW Mine Placement Regulations and Policy 123 ** Revised DRAFT  do not cite or quote** August 2002 ° Include methods for the control of contaminants and disposal of refuse ° Include a plan for permanent revegetation Financial Assurance ° Amount of performance bond must cover the estimated cost to the State if it had to do the reclamation, restoration, and abatement work. Minimum amount is $ 2,000. ° Bonds may be released upon the completion of reclamation in such a manner that the land will be capable of supporting the approved post mining land use.

References Oklahoma Regulations: O. A. C. 460: 10 et seq.

Doug Schooley, Administrator, Noncoal Program, Oklahoma Department of Mines ( personal communication, 11/ 28/ 01) State CCW Mine Placement Regulations and Policy 124 ** Revised DRAFT  do not cite or quote** August 2002 PENNSYLVANIA: Coal Mines Beneficial uses of CCW on mine sites ( i. e., active and abandoned coal and noncoal mines) are under the control of both the Bureau of Mining and Reclamation ( BMR) and the Bureau of Land Recycling and Waste Management ( BLR). BMR has the authority for approval of beneficial uses in four categories: CCW placement, as an alkaline addition, as low permeability material, and as a soil additive or soil substitute. BMR's beneficial use regulations and guidelines for coal ash are incorporated into the mining permit and address the following:

° Site characterization, ° Siting restrictions, ° Reclamation plan, ° Performance standards, ° Waste characterization ( both pre placement and during placement), ° Waste characteristic limits, ° Acid mine drainage, ° State approval process, ° Ground water monitoring ( both during and after placement), ° Enforceable limits, ° Operational requirements/ placement engineering, and ° Closure requirements.

BLR does not require a solid waste disposal permit for coal ash placement ( or any other beneficial uses) if the mine operator conforms to beneficial use requirements. Mine placement of coal ash is not allowed unless a beneficial use is demonstrated. BLR has the authority for approval of the beneficial use of coal ash for mine subsidence control, mine fire control, and mine sealing.

References Pennsylvania Regulations: 25 PA Code 287.661 666; 25 PA Code 86 90 Beneficial Uses of Coal Ash at Active Coal Mine Sites ( BMR, 563 2112 206) State CCW Mine Placement Regulations and Policy 125 ** Revised DRAFT  do not cite or quote** August 2002 Certification Guidelines for Beneficial Uses of Coal Ash ( BMR, 563 2112 224)

Technical Guidance Document for Beneficial Uses of Coal Ash ( BMR, 563 2112 225)

Module 25: Coal Ash Beneficial Use. 5600 PM MRo324. Rev. 3/ 99 Module 27: Sewage Sludge/ Coal Ash Beneficial Use.

Michael Menghini, District Mining Operations, Pennsylvania Department of Environmental Protection and Bill Pounds, Pennsylvania Department of Environmental Protection. Presentation at IMCC Intergovernmental Forum on Mine Placement of Coal Combustion Wastes. May 15 16, 2001. St. Louis, Missouri.

Michael Menghini, District Mining Operations, Pennsylvania Department of Environmental Protection ( written comments to EPA, 11/ 26/ 01). State CCW Mine Placement Regulations and Policy 126 ** Revised DRAFT  do not cite or quote** August 2002 PENNSYLVANIA Allowed Uses CCW Placement Alkaline Addition Low Permeability Use Soil Additive Use Regulatory Agency Oversight Pennsylvania Department of Environmental Protection: ° Bureau of Mining and Reclamation ( BMR) ° Bureau of Land Recycling and Waste Management ( BLR)

Before Placement Distinction Between Beneficial Use and Disposal Must demonstrate that the project will achieve an overall improvement in water quality or prevent degradation of water quality from the mining and reclamation activity to be permitted as a beneficial use. Also, the amount of ash allowed to be utilized varies depending on the legitimacy of the reason for the proposed volume.

Site Characterization Substantively similar to federal SMCRA, plus: Background ground water quality monitoring is necessary, using 6 samples taken at monthly or 6 week intervals. Substantively similar to federal SMCRA, plus: ° Provisions at left. ° Background analysis of soil or sp oil top cover is necessary to determine if contaminated.

Siting Restrictions Substantively similar to federal SMCRA, plus: Use allowed only in: ° The pit or area from which coal is extracted under a surface coal mining permit. ° Abandoned coal mining areas located within the surface coal ming permit area. ° Coal refuse disposal sites.

And: ° The bottom of ash must be at lea st 8 feet above the top of the regional ground water table elevation ( except for demonstration projects, which can be approved under the residual waste regulations). Substantively similar to federal SMCRA, plus: ° Provisions at left. ° Not within 100 feet of a stream or wetland. ° Not within 300 feet of a water source. ° Not within 100 feet of a sinkhole or area draining into a sinkhole. ° Not within 300 feet of an exceptional value wetland.

Reclamation Plan Substantively similar to federal SMCRA, plus: Beneficial uses must be described in the reclamation plan as part of the mine permit application or as part of the mine reclamation project. PENNSYLVANIA Allowed Uses CCW Placement Alkaline Addition Low Permeability Use Soil Additive Use State CCW Mine Placement Regulations and Policy 127 ** Revised DRAFT  do not cite or quote** August 2002 Waste Characterization Certification system must be approved by BMR, includes testing ( at the facility generating the ash) for 20 constituents, pH, calcium carbonate equivalent, and hydraulic conductivity ( SPLP used for leachate analysis of all metals and pH).

Waste Characteristic Limits ° Maximum acceptable leachate concentration is normally 25 times the ground water parameters for metals and other cations, or 10 times the ground water parameters for nonmetals. ° pH between 7.0 12.5. As for CCW placement, plus: ° Calcium carbonate equivalent of at least 100 parts per thousand or 10% by dry weight. As for CCW placement, plus: ° Hydraulic conductivity 1.0x10 6 cm/ sec or less. As for CCW placement, plus: ° pH between 6.5 8.0. ° Maximum loading rates for 9 contaminants ( mostly metals). ° As a liming agent, calcium carbonate equivalent of at least 100 parts per thousand or 10% by dry weight.

Address Acid Base Balance/ Acid Mine Drainage Substantively similar to federal SMCRA, no additional requirements. Substantively similar to federal SMCRA, plus: Specific application and ground water monitoring requirements for application of coal ash as an alkaline addition. Substantively similar to federal SMCRA, no additional requirements.

State Approval Required to Proceed CCW must be certified for beneficial uses by BMR and addressed in the reclamation plan under the mining permit or mine reclamation project. A new permit application or a majo r permit revision ( using M odules 25/ 27) is required to use coal ash at an active mine site. The permit or permit revision is issued under SMCRA as well as applicable waste regulations and the Clean Streams Law.

Public Participation Public notice required. Not required. PENNSYLVANIA Allowed Uses CCW Placement Alkaline Addition Low Permeability Use Soil Additive Use State CCW Mine Placement Regulations and Policy 128 ** Revised DRAFT  do not cite or quote** August 2002 During Placement Ongoing Waste Characterization The generator must submit information every 6 months ( or sooner if there are any changes in operation of the combustion unit generating the coal ash) to demonstrate that the ash continues to meet the certification guid elines.

Ground water Monitoring Substantively similar to federal SMCRA, plus: ° For active coal mine sites, quarterly sampling for 11 parameters and annually for 15 more parameters. ° For abandoned mine sites, sampling frequency determined by the BM R for 26 parameters. ° There must be at least one downgradient monitoring po int from an active coal mine site. Substantively similar to federal SMCRA, no additional requirements.

Performance Standards Substantively similar to federal SMCRA, no additional requirements.

Enforceable Limits Substantively similar to federal SMCRA, plus: Ash cannot produce a leachate exceeding DEP established limits and the State has specific co rrective action authority applicable to mine placement. Corrective actions can occur when the coal ash being used no longer meets the standards for coal ash beneficial use, or when the ground water monitoring parameters which are quarterly and/ or annual are exceeding the background ground water parameters. In addition, any violation of the mine permit that addresses coal ash beneficial use would require corrective action. Corrective Action Operational Requirements/ Placement Engineering Substantively similar to federal SMCRA, plus: ° No waste or other materials may be mixed with CCW except for the purposes of pH adjustment and hardening. ° The bottom of ash must be at least 8 feet above the top of the regional ground water table elevation ( except for demonstration projects, which can be approved under the residual waste regulations). ° Dust control measures. ° Erosion and sediment controls. ° An operations map showing the areal extent of the beneficial use of coal ash and the monitoring locations, if applicable. ° The site operations plan must address how the ash will be handled and placed. ° Standard conditions for ash placement and monitoring and Substantively similar to federal SMCRA, plus: ° Provisions for CCW placement. ° Must have a minimum thickness of 2 feet ( exceptions on a site bysite basis). ° Addressed in site operations plan ( see CCW placement) ° Standard and specific conditions ( see CCW placement) Substantively similar to federal SMCRA, plus: ° Provisions for CCW placement. ° Use as soil sub stitute cannot exceed 3 feet in depth. ° Use as soil additive cannot exceed 1 foot in depth. ° Control surface runoff with runoff control structures. ° Not in contact with the seasonal high water table. PENNSYLVANIA Allowed Uses CCW Placement Alkaline Addition Low Permeability Use Soil Additive Use State CCW Mine Placement Regulations and Policy 129 ** Revised DRAFT  do not cite or quote** August 2002 site or placement specific conditions where necessary. ° CCW must be incorporated into the so il within 48 hours of application. ° May not be applied to so il being used for agriculture where the soil pH is < 5.5. ° Addressed in site operations plan ( see CCW placement) ° Standard and specific conditions ( see CCW placement)

Closure/ Post Closure Care Ongoing Ground water Monitoring Substantively similar to federal SMCRA, plus: ° Monitoring for the additional parameters must continue with quarterly reports and annual reports submitted through Stage 2 of bond release. ° Ground water monitoring may be extended by BMR if there is an indication of groundwater degradation. Substantively similar to federal SMCRA, no additional requirements.

Performance Bonding or Financial Assurance Substantively similar to federal SMCRA, no additional requirements.

Other Closure/ Post closure Requirements Substantively similar to federal SMCRA, plus: Final cover of four feet is required in most cases. T he ash placement area must achieve a final grade that promotes runoff. Also, final reclamation entails the revegetation and stabilization of all affected areas. State CCW Mine Placement Regulations and Policy 130 ** Revised DRAFT  do not cite or quote** August 2002 PENNSYLVANIA: Noncoal Mines Although Pennsylvania's regulations allow utilization of CCW in noncoal mines, very little activity has occurred. Under a demonstration project, CCW was placed in a limestone quarry and monitored for ten years. The State has denied subsequent permit applications for placing ash in quarries.

Beneficial uses of CCW on mine sites are under the control of both the Bureau of Mining and Reclamation ( BMR) and the Bureau of Land Recycling and Waste Management ( BLR). The controls applicable to abandoned noncoal mine sites are the same as for active and abandoned coal mines sites, as summarized in the Pennsylvania summary profile for coal mines, found above.

The controls on CCW placement in active noncoal mines are similar to abandoned noncoal mines in that the beneficial use of coal ash for mine subsidence control, mine fire control, and mine sealing is allowed. BLR does not require a solid waste disposal permit for the beneficial use of CCW if the mine operator conforms to the beneficial use requirements.

According to Mike Menghini, BMR, the Coal Ash Beneficial Use Certification Application would likely be adapted for the use of CCW on an active noncoal mine site and reviewed by BLR. BMR would perform, on a site by site basis, the following activities and considerations:

° An assessment of the geologic setting/ type of rock ° Installation of a monitoring system ° Site characterization ( i. e., benchmark testing of ground water quality) ° CCW characterization ( applicable controls will depend on the type of ash and its characteristics) ° Examination of sink holes and any conduits for flow ° Determination of the proximity of any public or private drinking water supplies References Pennsylvania Regulations: 25 PA Code 287.661 666; 25 PA Code 86 90 Certification Guidelines for Beneficial Uses of Coal Ash ( BMR, 563 2112 224) State CCW Mine Placement Regulations and Policy 131 ** Revised DRAFT  do not cite or quote** August 2002 Technical Guidance Document for Beneficial Uses of Coal Ash ( BMR, 563 2112 225)

Module 25: Coal Ash Beneficial Use. 5600 PM MRo324. Rev. 3/ 99 Module 27: Sewage Sludge/ Coal Ash Beneficial Use.

Michael Menghini, District Mining Operations, Pennsylvania Department of Environmental Protection and Bill Pounds, Pennsylvania Department of Environmental Protection. Presentation at IMCC Intergovernmental Forum on Mine Placement of Coal Combustion Wastes. May 15 16, 2001. St. Louis, Missouri.

Mike Menghini, District Mining Operations, Pennsylvania Department of Environmental Protection ( personal communication, 10/ 24/ 01) State CCW Mine Placement Regulations and Policy 132 ** Revised DRAFT  do not cite or quote** August 2002 TENNESSEE: Coal Mines In Tennessee, CCW mine placement has yet to occur. If it were to occur, it would be subject to applicable Federal mining regulations   the coal mining program is administered by US Department of the Interior's Office of Surface Mine Reclamation and Enforcement ( OSM) rather than the State. In addition, the Tennessee Department of Environmental Conservation ( TDEC), Division of Solid and Hazardous Waste Management Solid Waste Program allows CCW to be beneficially reused under specific coal ash permit by rule regulations if testing confirms the CCW to be non hazardous. The permit by rule regulations would likely be applied to CCW mine placement, were such a project proposed. The regulations require prior written notification of the beneficial use ( or a request for a case by case approval) and address the following:

° Siting restrictions, ° Reclamation plan, ° Waste characteristic limits, ° State approval process, ° Ground water monitoring ( may be required on a site by site basis), ° Operational requirements/ placement engineering, ° Financial assurance ( may be required on a site by site basis), and ° Closure requirements.

References Tennessee Regulations: TCA § 1200 1 7. 02( 1)( c)( 1)( ii)

Glen Pugh, TDEC, Division of Solid/ Hazardous Waste Management ( personal communication, 4/ 25/ 01) State CCW Mine Placement Regulations and Policy 133 ** Revised DRAFT  do not cite or quote** August 2002 TENNESSEE Regulatory Agency Oversight ° US Department of the Interior OSM ° Tennessee Department of Environmental Conservation ( TDEC), Division of Solid and Hazardous Waste Management Allowed Uses Mine placement.

Before Placement Distinction Between Beneficial Use and Disposal Not required ( as per federal SMCRA)

Site Characterization Regulated by OSM under federal SMCRA, no additional requirements.

Siting Restrictions Regulated by OSM under federal SMCRA, plus: ° Not in wetland s, sink holes or caves, or in 100 year floodplain unless certain conditions are met. ° Cannot be located where the activity would affect endangered or threatened species or habitats. ° A geologic buffer of 3 feet is required between base of fill and the seasonal higher water table of the uppermost unconfined aquifer.

Reclamation Plan Regulated by OSM under federal SMCRA, no additional requirements.

Waste Characterization Not required ( as per federal SMCRA).

Waste Characteristic Limits CCW must be non hazardous.

Address Acid Base Balance/ Acid Mine Drainage Regulated by OSM under federal SMCRA, no additional requirements.

State Approval Required to Proceed Regulated by OSM under federal SMCRA, plus: Prior written notification of the beneficial use ( or a request for a case by case approval) must be submitted to TDEC and approved. Permit by rule authorization must be kept at the facility.

Public Participation Regulated by OSM under federal SMCRA, no additional requirements. TENNESSEE State CCW Mine Placement Regulations and Policy 134 ** Revised DRAFT  do not cite or quote** August 2002 During Placement Ongoing Waste Characterization Not required ( as per federal SMCRA).

Ground water Monitoring Regulated by OSM under federal SMCRA, plus: Additional monitoring may be required by TDEC for specially approved projects.

Performance Standards Regulated by OSM under federal SMCRA, plus: Fill area must be operated, maintained, and closed in a manner so as to minimize: ° Potential for harmful release of CCW. ° Potential for harm to public through uncontrolled access.

Enforceable Limits Regulated by OSM under federal SMCRA, no additional requirements.

Corrective Action Regulated by OSM under federal SMCRA, no additional requirements.

Operational Requirements/ Placement Engineering Regulated by OSM under federal SMCRA, plus: Must have: ° The appropriate equipment available to spread and compact the coal ash and for handling the earthwork. ° An artificial or natural barrier to co ntrol access. ° A geologic buffer of 3 feet between base of fill and the seasonal higher water table of the uppermost unconfined aquifer. ° Dust control measures. ° One permanent benchmark ( i. e., concrete marker). TENNESSEE State CCW Mine Placement Regulations and Policy 135 ** Revised DRAFT  do not cite or quote** August 2002 Closure/ Post Closure Care Ongoing Ground water Monitoring Regulated by OSM under federal SMCRA, plus: Additional monitoring may be required by TDEC for specially approved projects.

Performance Bonding or Financial Assurance Regulated by OSM under federal SMCRA, plus: Financial assurance may be required by TDEC for specially approved projects.

Other Closure/ Post closure Requirements Regulated by OSM under federal SMCRA, plus: ° Within 90 days of completion, final cover of 2 feet of compacted so il, excep t those areas already covered by barriers to water infiltration. ° Upper 6 inches of cover must be able to support vegetation. ° Final surface graded and provided with drainage facilities in a manner that: minimizes erosion of cover material ( no steep slopes, use of m ulch, silt barriers), promotes drainage ( prevents pooling), and provides a drainage system consistent with the surrounding area. State CCW Mine Placement Regulations and Policy 136 ** Revised DRAFT  do not cite or quote** August 2002 TENNESSEE: Noncoal Mines In Tennessee, the placement of CCW in a noncoal mine has yet to occur. The Tennessee Department of Environmental Conservation ( TDEC), Division of Solid and Hazardous Waste Management Solid Waste Program allows CCW to be beneficially reused under specific coal ash permit by rule regulations if testing confirms the CCW to be non hazardous. The permit by rule regulations, which would likely be applied to CCW noncoal mine placement, require prior written notification and are summarized in the Tennessee summary profile for coal mines, found above.

In addition to the solid waste regulations, CCW placement would be subject to applicable State noncoal mining regulations that require the following:

° Public notice and comment ° Performance bonds ( e. g., cash, treasury bonds, municipal or corporate bonds) ° A mining and reclamation plan, including a detailed map ° Regrading to approximate original contour and revegetation within 3 months of final mining activity ° Mineral specific standards for access roads; operation, backfilling and grading; and revegetation. The standards aim to minimize adverse effects to surface and ground water quality. ° Annual reporting References Tennessee Statute: 59 8 201 et seq.

Tennessee Regulations: Chapter 0400 3 et seq. State CCW Mine Placement Regulations and Policy 137 ** Revised DRAFT  do not cite or quote** August 2002 TEXAS: Coal Mines Texas Natural Resource Conservation Commission ( TNRCC) solid waste policy allows beneficial uses of CCW as a " co product," including as backfill to achieve original contours at mine sites. If the placement of CCW at a mine site meets this definition as a beneficial use, it is regulated by the Railroad Commission of Texas, Surface Mining and Reclamation Division ( SMRD) and not by TNRCC. SMRD applies State mining regulations that are substantively similar to the federal SMCRA regulations. If the placement is not approved as a beneficial use, TNRCC subjects the practice to solid waste regulations and SMRD defers entirely to TNRCC.

In Texas, coal combustion waste falls under the program for nonhazardous industrial solid waste. No permit is required for disposal of nonhazardous industrial solid waste, if: ( 1) the waste is disposed on property owned or otherwise effectively controlled by the owner or operator of the plant from which the waste results, ( 2) the property is within 50 miles of the plant, and ( 3) the waste is not commingled with waste from any other source not owned by the same person. However, the operator must still notify the State ( and include information on waste composition, facility design, and site geology), maintain certain records, and close the site in compliance with the Texas Risk Reduction Program. Mines accepting coal combustion waste not meeting the three permit exemption criteria must obtain a solid waste permit and are subject to the regulations that address the following:

° Site characterization, ° Siting restrictions, ° Waste characterization, ° Waste characteristic limits, ° State approval process, ° Public participation, ° Ground water monitoring ( both during and after placement), ° Performance standards, ° Enforceable limits, ° Corrective action, ° Operational requirements/ placement engineering, ° Financial assurance, and ° Closure requirements. 9 To be classified as Class 3, the leachate from the waste must not exceed State MCLs ( which are identical to federal MCLs) when tested using a sevenday distilled water leachate test and must not exhibit detectable levels of organic constituents when tested using TCLP.

State CCW Mine Placement Regulations and Policy 138 ** Revised DRAFT  do not cite or quote** August 2002 Nonhazardous industrial solid waste is characterized into Class 1, Class 2, or Class 3 waste. Class 1 is waste that is toxic, corrosive, flammable or may pose a substantial danger to human health or the environment if improperly disposed. Class 3 is inert and essentially insoluble solid waste. 9 Class 2 is any waste that fits neither the Class 1 or Class 3 definitions. According to TNRCC, CCW in Texas is most often characterized as Class 2 waste and sometimes as Class 3. The requirements below are for disposal of Class 2 waste. The requirements for Class 3 are less restrictive   for example, monitoring is not required.

References Texas Statutes: 5 THSC § 361; TWC § 26.121 Texas Regulations: 30 TAC § 37, § 39, § 330, and § 335 ( Subchapters A and R); 16 TAC 12 TNRCC Memo: Coal Combustion By Products and TRNCC Regulations. August 25, 1995.

TNRCC Memo ( to an Operator): Use of Bottom Ash and Fly Ash as a " Co Product." March 25, 1998.

Jesse Boultinghouse, Texas Natural Resource Conservation Commission ( personal communication, 4/ 11/ 01)

John Kaudol, Railroad Commission of Texas, Surface Mining and Reclamation Division ( personal communication, 4/ 26/ 01)

Susi Ferguson, Texas Natural Resource Conservation Commission ( personal communication, 6/ 21/ 01)

Susi Ferguson, Texas Natural Resource Conservation Commission, and Melvin Hodgkiss, Railroad Commission of Texas, Surface Mining and Reclamation Division. Comments at IMCC Intergovernmental Forum on Mine Placement of Coal Combustion Wastes. May 15 16, 2001. St. Louis, Missouri. State CCW Mine Placement Regulations and Policy 139 ** Revised DRAFT  do not cite or quote** August 2002 TEXAS Disposal Beneficial Use Regulatory Agency Oversight Texas Natural Resource Conservation Commission ( TNRCC) Railroad Commission of Texas, Surface Mining and Reclamation Division Allowed Uses Placement at mine sites in approved disposal areas. Placement at mine sites for beneficial uses, including backfill to achieve original contour Before Placement Distinction Between Beneficial Use and Disposal Placement other than for the purpose of reclamation or placement that delays contemporaneous reclam ation is defined as disposal. Placement for the purpose of reclamation is defined as beneficial use Site Characterization The background water quality must be established. Substantively similar to federal SMCRA, no additional requirements.

Siting Restrictions There are restrictions on: ° Fault areas ( not within 200 feet of a fault). ° Floodplains. ° Wetlands. ° Seismic impact zones. ° Unstable areas.

Also, lowest level of disposal must be above the seasonal high water table. Substantively similar to federal SMCRA, no additional requirements.

Reclamation Plan Not required. Substantively similar to federal SMCRA, plus: CCW placement must be addressed in the reclamation plan Waste Characterization Waste characterization is required using approved EPA methods or an alternate method. The coal combustion waste may be designated a Class 1, 2, or 3 waste. Not required ( as per federal SMCRA)

Waste Characteristic Limits None specified ( as per federal SMCRA)

Address Acid Base Balance/ Acid Mine Drainage Not required. Substantively similar to federal SMCRA, no additional requirements. TEXAS Disposal Beneficial Use State CCW Mine Placement Regulations and Policy 140 ** Revised DRAFT  do not cite or quote** August 2002 State Approval Required to Proceed A solid waste permit is required, unless the waste is disposed on the generator's own property. If the latter, only notificatio n is required. Substantively similar to federal SMCRA, no additional requirements.

Public Participation The issuance of a solid waste permit is subject to p ublic notice and comment requirements that are substantively similar to SMCRA's. Substantively similar to federal SMCRA, no additional requirements.

During Placement Ongoing Waste Characterization Not required. Not required ( as per federal SMCRA).

Ground water Monitoring ° Must submit a ground water sampling and analysis plan. ° Downgradient monitoring system shall ensure the detection of ground water contamination of the uppermost aquifer. ° At a minimum, detection monitoring for 62 constituents is required, although TNRCC may alter the list. ° Assessment monitoring is required whenever a statistically significant change from background levels has been detected. ° Semi annual sampling is required through the postclosure period. Substantively similar to federal SMCRA, no additional requirements.

Performance Standards The disposal activity may not cause: ° The discharge or imminent threat of discharge into waters of the State without NPDES permit authorization. ° The creation and maintenance of a nuisance. ° The endangerment of the public health and welfare. Substantively similar to federal SMCRA, no additional requirements. TEXAS Disposal Beneficial Use State CCW Mine Placement Regulations and Policy 141 ** Revised DRAFT  do not cite or quote** August 2002 Enforceable Limits If assessment monitoring detects a statistically significant level above ground water quality protection standards ( MCLs or site specific background concentrations for constituents without MCLs), then an assessment of corrective measures is required. Substantively similar to federal SMCRA, no additional requirements.

Corrective Action Substantively similar to federal SMCRA, no additional requirements.

Operational Requirements/ Placement Engineering ° Site operating plan. ° Composite liner ( 30 mil flexible membrane liner and 2 feet compacted soil). ° Leachate collection and removal system. ° Ensure lowest level of disposal is above the seasonal high water table. ° Compact and cover daily. ° Dust contro l. ° Endangered species protection. Substantively similar to federal SMCRA, no additional requirements.

Closure/ Post Closure Care Ongoing Ground water Monitoring Required until the end of the post closure period. Substantively similar to federal SMCRA, no additional requirements.

Performance Bonding or Financial Assurance ° Required for closure, post closure, and the completion of any corrective action. ° Trust fund, letter of credit, insurance, financial test, or corporate guarantee. Substantively similar to federal SMCRA, no additional requirements. TEXAS Disposal Beneficial Use State CCW Mine Placement Regulations and Policy 142 ** Revised DRAFT  do not cite or quote** August 2002 Other Closure/ Post closure Requirements ° Final closure and post closure plans required. ° Within 180 days of final receipt of waste, must place a final cover system with at least 2 feet of soil and consisting of an infiltration layer and an erosion layer of at least 6 inches. ° Closure must be compliant with the standards of the Texas Risk Reduction Program. This program requires that the clo sure design minimize or eliminate postclosure escape of waste, contaminants, leachate, or runoff and minimize or eliminate the need for further maintenance and contro l. ° Post closure period of at least 30 years ( may be reduced on a case by case basis). Substantively similar to federal SMCRA, no additional requirements. State CCW Mine Placement Regulations and Policy 143 ** Revised DRAFT  do not cite or quote** August 2002 TEXAS: Noncoal Mines As with coal mines, the Texas Natural Resource Conservation Commission ( TNRCC) solid waste policy allows beneficial use of CCW as backfill to achieve original contours at noncoal mine sites. If the placement of CCW at a noncoal mine site is for this beneficial use, it is regulated solely by the Railroad Commission of Texas, Surface Mining and Reclamation Division ( SMRD) and not by TNRCC. In such a case, SMRD applies the State's noncoal mining regulations. With the exception of uranium mines, however, these regulations cover safety only. The uranium mining regulations are outlined below. If the placement is not approved as a beneficial use, TNRCC subjects the practice to solid waste regulations and SMRD defers entirely to TNRCC. The applicable solid waste requirements are detailed in the Texas summary profile for coal mines, found above.

TNRCC's uranium mine rules ( all other noncoal mining is regulated only in terms of safety) require the following:

° Public notice and comment Reclamation Plan ° Must be consistent with local, physical, environmental, and climatological conditions ° Description of how proposed postmining land condition is to be achieved and the necessary support activities that may be needed ° The steps taken to comply with applicable air and water quality and water rights laws and regulations Reclamation Standards ° Restore affected land to the premining or substantially beneficial condition ° Stabilize and protect all surface areas as necessary to control erosion and attendant air and water pollution ° Replace the topsoil or best available subsoil on top of land to be reclaimed ° Fill any auger holes to prevent drainage ° Minimize disturbances to the prevailing hydrologic balance and to the quality and quantity of surface water and ground water systems   both during and after mining operation and during reclamation ° Insure that all reclamation efforts proceed as contemporaneously as practicable. ° Provide a screen of natural vegetation between the mining operation and national and State parks, historic areas, and wildlife and scenic areas, as well as public buildings, cemeteries, or churches. ° Provide a drainage system for storm water runoff to avoid significant degradation of area surface and ground waters. ° Cover toxic forming materials with nontoxic materials State CCW Mine Placement Regulations and Policy 144 ** Revised DRAFT  do not cite or quote** August 2002 ° Revegetation will be considered successful when it is capable of self regeneration and plant succession, and equal in extent of cover to the natural vegetation of the area. ° Slopes of overburden piles must be shaped to minimize runoff and allow seeding.

Financial Assurance and Insurance ° The amount of the bond depends on the reclamation requirements of the approved permit and is determined by the State. ° The bond is released upon final closure of the mine site. Final closure requires that all reclamation requirements be met and that vegetative cover has sustained itself for a period of four years.

References:

Texas Statutes: 5 THSC § 361; TWC § 26.121 Texas Regulations: 16 TAC 11.71 11.206; 30 TAC § 37, § 39, § 330, and § 335 ( Subchapters A and R); 16 TAC 12 TNRCC Memo: Coal Combustion By Products and TNRCC Regulations. August 25, 1995.

TNRCC Memo ( to an Operator): Use of Bottom Ash and Fly Ash as a " Co Product." March 25, 1998.

Jesse Boultinghouse, Texas Natural Resource Conservation Commission ( personal communication, 4/ 11/ 01)

John Kaudol, Railroad Commission of Texas, Surface Mining and Reclamation Division ( personal communication, 4/ 26/ 01)

Susi Ferguson, Texas Natural Resource Conservation Commission ( personal communication, 6/ 21/ 01)

Susi Ferguson, Texas Natural Resource Conservation Commission, and Melvin Hodgkiss, Railroad Commission of Texas, Surface Mining and Reclamation Division. Comments at IMCC Intergovernmental Forum on Mine Placement of Coal Combustion Wastes. May 15 16, 2001. St. Louis, Missouri. State CCW Mine Placement Regulations and Policy 145 ** Revised DRAFT  do not cite or quote** August 2002 UTAH: Coal Mines Currently, there is no placement of CCW in Utah mines. Under Utah solid waste law, CCW is exempt from regulation as a solid waste unless it causes a public nuisance or public health hazard, or is otherwise determined to be a hazardous waste. Therefore, if CCW mine placement were to occur, it would be under the sole jurisdiction of the Utah Department of Natural Resources, Division of Oil, Gas, and Mining and be subject to State mining regulations that are substantively identical to Federal SMCRA regulations. According to Daron Haddock of the Division of Oil, Gas, and Mining, the review and approval of the activity, as part of the reclamation plan under a surface mining permit, would most likely be the same as for the onsite disposal of noncoal mine waste or coal processing waste.

References Utah Statutes: UCA 19 6 102( 17)( b)( iii)

Utah Regulations: R645 100 et seq.

Daron Haddock, Utah Department of Natural Resources, Division of Oil, Gas, and Mining ( personal communication, 5/ 2/ 01)

Daron Haddock, Utah Department of Natural Resources, Division of Oil, Gas, and Mining. Comments at IMCC Intergovernmental Forum on Mine Placement of Coal Combustion Wastes. May 15 16, 2001. St. Louis, Missouri. State CCW Mine Placement Regulations and Policy 146 ** Revised DRAFT  do not cite or quote** August 2002 VIRGINIA: Coal Mines The Virginia Department of Mines, Minerals and Energy, Division of Mined Land Reclamation ( DMME) has sole jurisdiction over the beneficial use of CCW on permitted mine sites. Under Virginia law, CCWs are exempt from all solid waste regulations if considered a beneficial use under DMME's program. The Virginia Department of Environmental Quality has developed specific regulations regarding the beneficial use of CCW, which are to be implemented by DMME in cases of mine reclamation or mine refuse disposal at a mine site permitted by DMME ( which have yet to happen since the regulations were developed in 1995). The regulations do not require DMME approval prior to CCW mine placement, but do require notification. The regulations also include the following:

° Siting restrictions, ° Reclamation plan, ° Waste characterization, ° Waste characteristic limits, ° Enforceable limits ( may be established on a site by site basis), and ° Operational requirements/ placement engineering.

If the use of CCW for mine placement activity is not considered a beneficial use by DMME or if the CCW contains a constituent that exceeds the waste characteristic limits set forth in the regulations, then a solid waste permit is required. Virginia's solid waste permit requirements are summarized in Regulation of Landfills and Surface Impoundments Managing Coal Combustion Waste in 26 States, December 14, 2000. Because details regarding the applicability of these requirements to mine placement projects have not yet be tested through implementation, the requirements are not summarized here.

References Virginia Statutes: 45.1 CV Chapter 19 VR 672 20 20, February 22, 1995; VR 480 03 19 9 VAC 20 80 150, 20 80 160, and 20 85 et seq.

Guidelines for Use of Coal Combustion By Products on DMME/ DMLR Permits ( 2/ 95) State CCW Mine Placement Regulations and Policy 147 ** Revised DRAFT  do not cite or quote** August 2002 Lynn Haynes, Virginia Department of Mines, Minerals and Energy, Division of Mined Land Reclamation ( personal communication, 6/ 21/ 01) State CCW Mine Placement Regulations and Policy 148 ** Revised DRAFT  do not cite or quote** August 2002 VIRGINIA Regulatory Agency Oversight Virginia Department of Environmental Quality, Department of Mines, Minerals and Energy, Division of Mined Land Reclamation ( DMME)

Allowed Uses For mine reclamation or mine refuse disposal on a DMM E permitted mine site.

Before Placement Distinction Between Beneficial Use and Disposal The operator must show that the use of the CCW on the mine site would serve a beneficial purpose in the reclamation efforts, otherwise it would be considered disposal. However, since there has yet to be a proposal to use CCW on a mine site, there has been no test of what is considered to be a " beneficial use."

Site Characterization Substantively similar to federal SMCRA, plus: The Probable Hydrologic Consequences ( PHC) assessment must also address use of CCW on the coal mine site.

Siting Restrictions Substantively similar to federal SMCRA, plus: CCW cannot be placed: ° In areas subject to base flood s, except in certain situations. ° With the vertical separation between the CCW and the maximum seasonal water table or bedrock less than two feet. ° Closer than 100 feet from any perennial stream, water well, or sinkhole. ° Closer than 25 feet from a bedrock outcrop or property boundaries. ° In wetlands, unless appropriate permits are obtained. ° At the site of an active or inactive dump, unpermitted landfill, lagoon or similar facility, even if closed.

Reclamation Plan Substantively similar to federal SMCRA, plus: 30 days prior to initial placement: ° Certify owner has legal control for the project life and closure period, operation is in compliance with local ordinances, and owner will allow compliance inspections. ° Describe intended use, the site, estimated start and completion dates, and the volume to be used. ° Certify that locational restrictions are satisfied and pro ject is designed to specified standards. ° Submit an operation plan and closure plan.

Waste Characterization Describe the physical and chemical characteristics of the CCW , including TCLP analyses for 8 constituents.

Waste Characteristic Limits ° Arsenic, Chromium, Lead, Silver less than 5.0 mg/ l. ° Barium less than 100 mg/ l. ° Cadmium and Selenium less than 1.0 mg/ l. ° Mercury less than 0.2 mg/ l. VIRGINIA State CCW Mine Placement Regulations and Policy 149 ** Revised DRAFT  do not cite or quote** August 2002 Address Acid Base Balance/ Acid Mine Drainage Substantively similar to federal SMCRA, no additional requirements.

State Approval Required to Proceed If the mining and reclamation permit already includes the applicable provisions of the CCW regulations ( Parts II and IV), then CCW placement would require only notification to DMME, including a certification and description of activities. If the permit does not already include the applicable provisions of the CCW regulations, then CCW placement would require a major permit revision.

Public Participation Substantively similar to federal SMCRA, no additional requirements.

During Placement Ongoing Waste Characterization Not required ( as per federal SMCRA).

Ground water Monitoring Substantively similar to federal SMCRA, no additional requirements.

Performance Standards Substantively similar to federal SMCRA, no additional requirements.

Enforceable Limits Substantively similar to federal SMCRA, plus: Specific enforceable limits may be established on a site by site basis.

Corrective Action Substantively similar to federal SMCRA, no additional requirements.

Operational Requirements/ Placement Engineering Substantively similar to federal SMCRA, plus: Operation plan must include: ° Control of tracking of CCW onto pub lic roads. ° Prohibition on addition of any solid waste. ° Control of fugitive dust. ° CCW placed in no greater than 1 foot layers and then compacted. ° A surface run on and run off control program.

Also, the vertical separation between the CCW and the maximum seasonal water table or bedrock cannot be less than two feet.

Closure/ Post Closure Care VIRGINIA State CCW Mine Placement Regulations and Policy 150 ** Revised DRAFT  do not cite or quote** August 2002 Ongoing Ground water Monitoring Substantively similar to federal SMCRA, no additional requirements.

Performance Bonding or Financial Assurance Substantively similar to federal SMCRA, no additional requirements.

Other Closure/ Post closure Requirements Substantively similar to federal SMCRA, no additional requirements. State CCW Mine Placement Regulations and Policy 151 ** Revised DRAFT  do not cite or quote** August 2002 WASHINGTON: Coal Mines In Washington, placement of CCW in mines is subject to applicable Federal mining regulations   the mining program is administered by US Department of the Interior's Office of Surface Mine Reclamation and Enforcement ( OSM) rather than the State. In addition, the Washington Department of Ecology ( DOE) considers CCW to be a solid waste that must be permitted when placed in a mine. The solid waste permitting authority is legislated to local health departments. At present, DOE is in the initial stages of developing CCW beneficial use policy. The current regulatory structure allows for case specific requirements to be determined by the local authorities in the solid waste permits. The table below includes local permit requirements for a mine currently accepting CCW to be incorporated as backfill.

References Washington Regulations: WAC 173 303 016; 173 304 461 Chuck Matthews, Washington Department of Ecology ( personal communication, 4/ 27/ 01)

PacifiCorp's Centralia Coal Mine Solid Waste Permit for 2000 ( issued by Lewis County Health & Social Services, Chehalis, WA) State CCW Mine Placement Regulations and Policy 152 ** Revised DRAFT  do not cite or quote** August 2002 WASHINGTON Regulatory Agency Oversight ° US Department of the Interior OSM ° Washington Department of Ecology ° Local health departments Allowed Uses Mine placement.

Before Placement Distinction Between Beneficial Use and Disposal Not required ( as per federal SMCRA)

Site Characterization Regulated by OSM under federal SMCRA, no additional requirements.

Siting Restrictions Regulated by OSM under federal SMCRA, plus: May not be located on any hill whose slope is unstable.

Reclamation Plan Regulated by OSM under federal SMCRA, no additional requirements.

Waste Characterization Not required ( as per federal SMCRA).

Waste Characteristic Limits None specified ( as per federal SMCRA).

Address Acid Base Balance/ Acid Mine Drainage Regulated by OSM under federal SMCRA, no additional requirements.

State Approval Required to Proceed Regulated by OSM under federal SMCRA, plus: A solid waste dispo sal permit is required and must be obtained from the local health department.

Public Participation Regulated by OSM under federal SMCRA, no additional requirements. WASHINGTON State CCW Mine Placement Regulations and Policy 153 ** Revised DRAFT  do not cite or quote** August 2002 During Placement Ongoing Waste Characterization Not required ( as per federal SMCRA)

Ground water Monitoring Regulated by OSM under federal SMCRA, plus: ° At least three ground water monitoring wells are required; one upgradient and two downgradient of the backfilled areas incorporating the CCW ° Monitoring data must be submitted annually Performance Standards Regulated by OSM under federal SMCRA, no additional requirements.

Enforceable Limits Regulated by OSM under federal SMCRA, no additional requirements.

Corrective Action Regulated by OSM under federal SMCRA, no additional requirements.

Operational Requirements/ Placement Engineering Regulated by OSM under federal SMCRA, plus: ° Maintain record of the weights or volumes and types of wastes disposed at the site ° All closed portions of the site must be maintained to prevent excess water intrusion ° Must be at least one person on site during all disposal events who is a State certified landfill operator Closure/ Post Closure Care Ongoing Ground water Monitoring Regulated by OSM under federal SMCRA, no additional requirements.

Performance Bonding or Financial Assurance Regulated by OSM under federal SMCRA, no additional requirements.

Other Closure/ Post closure Requirements Regulated by OSM under federal SMCRA, no additional requirements. State CCW Mine Placement Regulations and Policy 154 ** Revised DRAFT  do not cite or quote** August 2002 WEST VIRGINIA: Coal Mines When CCW is beneficially used at mine sites, the activity is under the authority of the West Virginia Department of Environmental Protection Office of Mining and Reclamation ( OMR). OMR applies State mining regulations that are substantively similar to the Federal SMCRA regulations. OMR requires a modification of the mining permit and has developed written guidelines specific to CCW beneficial use at mine sites. The guidelines address the following:

° Site characterization, ° Reclamation plan, ° Waste characterization ( both pre placement and during placement), ° Acid mine drainage, ° State approval process, ° Ground water monitoring ( both during and after placement), ° Enforceable limits ( may be established on a site by site basis), and ° Operational requirements/ placement engineering.

It is the State's policy to use a volume ratio of 8: 1 ( CCW to coal refuse) to decide if the use of CCW is a beneficial use at the mine site. If the ratio is exceeded, the use is then considered disposal. Projects constituting disposal under this definition have not yet been pursued in West Virginia. According to OMR staff, however, were such projects proposed, they would require a solid waste permit from the Department of Environmental Protection's Office of Solid Waste ( OSW). West Virginia's solid waste permit requirements are summarized in Regulation of Landfills and Surface Impoundments Managing Coal Combustion Waste in 26 States, December 14, 2000. Because details regarding the applicability of these requirements to mine placement projects have not yet been tested through implementation, the requirements are not summarized here. State CCW Mine Placement Regulations and Policy 155 ** Revised DRAFT  do not cite or quote** August 2002 References West Virginia Statutes: West Virginia Code Chapter 22, Article 3 West Virginia Regulations: 33 CSR 1 5.5. b. 4; 33 CSR 2, Sections 1 22 Mining and Reclamation Policy Memo: Disposal and Utilization of Coal Ash on Surface Mining Operations. January 3, 1994.

Application for Coal Ash Utilization. MR 36, January 1994.

Coal Combustion By Product Utilization Policy. January 13, 1998.

Harold " Rocky" Parsons, Office of Mining and Reclamation, West Virginia Department of Environmental Protection ( personal communication 4/ 11/ 01)

Harold " Rocky" Parsons, Office of Mining and Reclamation, West Virginia Department of Environmental Protection. Presentation at IMCC Intergovernmental Forum on Mine Placement of Coal Combustion Wastes. May 15 16, 2001. St. Louis, Missouri. State CCW Mine Placement Regulations and Policy 156 ** Revised DRAFT  do not cite or quote** August 2002 WEST VIRGINIA Regulatory Agency Oversight West Virginia Department of Environmental Protection: ° Office of Mining and Reclamation ( OMR) ° Office of Solid Waste ( OSW)

Allowed Uses Use as soil amendments, use on surface mining operations, to fill voids in permitted underground mines, and other uses as approved by OMR.

Before Placement Distinction Between Beneficial Use and Disposal Under State po licy, projects using less than an 8: 1 ratio of CCW to coal refuse are defined as beneficial use and subject to the requirements summarized here. Projects exceeding this ratio would be considered disposal and regulated by OSW.

Site Characterization Substantively similar to federal SMCRA, plus: Water quality sampling and analysis for 19 parameters is required.

Siting Restrictions Substantively similar to federal SMCRA, no additional requirements.

Reclamation Plan Substantively similar to federal SMCRA, plus: Applicants must provide a coal ash utilization plan that includes: ° A map of the proposed coal ash utilization area, with certain attributes marked, and a cross section map. ° A description of how the use will affect the mining and reclamation plan, and post mining land use.

Waste Characterization At a minimum, leachate analysis for 19 parameters ( TCLP testing for m etals only) and full testing for all new sources is required.

Waste Characteristic Limits CCW which exhibits potentially toxic or potentially acid producing characteristics will not be approved for beneficial use.

Address Acid Base Balance/ Acid Mine Drainage Substantively similar to federal SMCRA, plus: Assessment of neutralization potential is required using procedures laid out in OMR guidelines.

State Approval Required to Proceed Substantively similar to federal SMCRA, plus: Requires submission of the Application for Coal Ash Utilization form and a modification of the mining permit, or a solid waste disposal permit ( if considered disp osal rather than a beneficial use). Modification of the mining permit was initially treated as a major modification, but is currently treated as a minor modification, with some uses pre approved and requiring notification only.

Public Participation Substantively similar to federal SMCRA, no additional requirements. WEST VIRGINIA State CCW Mine Placement Regulations and Policy 157 ** Revised DRAFT  do not cite or quote** August 2002 During Placement Ongoing Waste Characterization Periodic retesting o f all parameters may be required from time to time by the OMR, but the TCLP test ( for metals only) must be performed at least annually.

Ground water Monitoring Substantively similar to federal SMCRA, no additional requirements.

Performance Standards Substantively similar to federal SMCRA, no additional requirements.

Enforceable Limits Substantively similar to federal SMCRA, plus: Specific enforceable limits may be established on a site by site basis.

Corrective Action Substantively similar to federal SMCRA, no additional requirements.

Operational Requirements/ Placement Engineering Substantively similar to federal SMCRA, no additional requirements, plus: Applicants must provide a description of the following in the coal ash utilization plan: ° Site preparation. ° Unloading and stockpiling areas. ° Sequence of mining/ utilization techniques. ° Phases of utilization: 1) compaction of coal ash, 2) equipment to be used, 3) thickness of lifts, 4) methods of utilization. ° Application of cover material. ° Revegetation procedure. ° Dust control methods. ° Final slopes and closure procedures.

Closure/ Post Closure Care Ongoing Ground water Monitoring Substantively similar to federal SMCRA, no additional requirements.

Performance Bonding or Financial Assurance Substantively similar to federal SMCRA, no additional requirements.

Other Closure/ Post closure Requirements Substantively similar to federal SMCRA, no additional requirements. State CCW Mine Placement Regulations and Policy 158 ** Revised DRAFT  do not cite or quote** August 2002 WEST VIRGINIA: Noncoal Mines Although the placement of CCW in noncoal mines has yet to occur in West Virginia, it would fall under the shared authority of the West Virginia Department of Environmental Protection ( DEP) Office of Mining and Reclamation ( OMR) and DEP's Office of Solid Waste ( OSW). Unlike CCW placement in coal mines, there are no specific State guidelines addressing CCW placement in noncoal mines. Such an activity would be subject to the State's regulations for noncoal mining operations ( summarized below) and the solid waste regulations. According to John Britvec, DEP, the placement of CCW in a noncoal mine would most likely not be allowed by the solid waste program but, if allowed, would require a solid waste permit. He also noted that it was unlikely that a request would be made to place CCW in a noncoal mine since the State has an established an effective program for CCW placement in coal mines.

West Virginia's noncoal surface mining permit regulations require the following: ° Public notice and comment. ° Information on fish and wildlife resources, endangered species, historic places and archaeological sites, and water quantity. ° A site assessment, including baseline surface and ground water monitoring. ° A drainage plan, including sediment control structures. ° Toxic materials must be handled in such a way as to prevent water pollution. ° Reclamation of all disturbed areas in accordance with a reclamation plan. ° The material used to backfill, reduce, or eliminate a highwall must be sufficiently compacted or otherwise mechanically stabilized to ensure stability of the backfill. Compliance with the regulation's detailed fill specifications is required. ° Revegetation with native species or introduced species that are compatible to the approved postmining land use. ° Financial assurance. Release of the bond is upon completion of reclamation ( which is once the vegetation meets the appropriate evaluation standards) and after the requirements of the permit have been fully complied with.

References West Virginia Statute: W. Va. Code, Chapter 22, Article 4 West Virginia Regulations: Title 38, Series 3 John Britvec, Division of Water Resources, West Virginia Department of Environmental Protection ( personal communication, 12/ 12/ 01) State CCW Mine Placement Regulations and Policy 159 ** Revised DRAFT  do not cite or quote** August 2002 WISCONSIN: Noncoal Mines The oversight authority and applicable regulations for the placement of CCW in a noncoal mine site depends on whether it is an active or abandoned mine.

For abandoned noncoal mines, the Department of Natural Resources, Solid Waste Program has sole jurisdiction. If a determination is made that the placement of the CCW is strictly for disposal purposes, then it would be regulated as such under the solid waste regulations explained in Regulation of Landfills and Surface Impoundments Managing Coal Combustion Waste in 26 States. If the CCW is to be used to fill an abandoned mine for purposes of stabilization, for example, it would be subject to the State's solid waste " beneficial reuse" regulations ( Chapter NR 538, Wis. Adm. Code) and be exempt from licensing. The beneficial reuse provisions dictate the following:

° Performance standards, such as no significant adverse impact on wetlands, critical habitat areas, surface water quality, or groundwater quality. ° Allowed use as physical stabilization and as geotechnical fill material. ° Public participation ( notice and comment) efforts required for use as geotechnical fill.

If the placement of the waste is in association with an active noncoal mining operation, the activity would be regulated under the metallic mining codes ( NR 132 and 182) by the Department of Natural Resources, Mining Program. The metallic mining provisions are very similar to SMCRA and require a permit that is reviewed annually by DNR. Included below are some key general requirements and the additional requirements applicable in the case of disposal of mining waste. The latter, as noted by Larry Lynch, DNR Mining Program, would be applied to CCW at the mine site even though it is not mining waste.

In General ° Mining plan with details of the mining operations and pollution controls ° Performance standards, including: < Grading and stabilization in conformance with State and federal environmental and safety requirements and to prevent erosion and environmental pollution < Compliance with all applicable air, ground and surface water and solid waste and toxic waste disposal laws and rules < Identification and prevention of significant environmental pollution < All underground and surface runoff waters from the mining site must be handled as to prevent soil erosion, flooding, pollution of ground or surface waters, or damage to animals or the public health. 10 Applicable to CCW disposal as discussed above.