REGULATION AND POLICY CONCERNING MINE PLACEMENT OF COAL COMBUSTION WASTE IN SELECTED STATES Revised DRAFT   do not cite or quote August 2002 DISCLAIMER: This document is a working draft prepared by the U. S. Environmental Protection Agency ( EPA). It is being shared with State and tribal mining regulatory authorities for their review and comment to EPA regarding completeness and accuracy. The information in this document is not for citation or attribution. State CCW Mine Placement Regulations and Policy 1 ** Revised DRAFT  do not cite or quote** August 2002 REGULATION AND POLICY CONCERNING MINE PLACEMENT OF COAL COMBUSTION WASTE IN SELECTED STATES This report reviews and summarizes current State regulations and policy concerning the placement of coal combustion wastes ( CCW) in surface and underground mines. Mine placement of CCW occurs most commonly in coal mines, but also occurs in noncoal mines ( e. g., sand and gravel quarries, limestone mines, or clay mines). Mine placement may be conducted for two purposes:

° To dispose of the CCW as an alternative to disposal in a landfill or surface impoundment, and ° To achieve or assist in the reclamation of the mine, whether as part of ongoing operations or following the completion of mining ( including abandoned mines).

Given these dual purposes, States may regulate the activity under mining and mine reclamation regulations, solid waste disposal regulations, or a combination of both. Therefore, this review examines both mining and solid waste regulatory programs and policy in the selected States. The review focuses on the following elements of State programs:

° Identification of the State agency( ies) with authority for overseeing the practice, ° The placement uses allowed or authorized, ° Whether the State makes a regulatory distinction between beneficial use and disposal at mine sites, ° Pre placement site characterization requirements, ° Siting restrictions, ° Reclamation or placement plan requirements, ° Waste characterization requirements ( both before and during placement), ° Waste characteristic limits, ° Whether ( and how) operators are required to address acid base balance issues, ° Whether regulatory approval is required for a project to proceed, ° Public participation requirements, ° Ground water monitoring requirements ( both during and after placement), ° Performance standards, ° Enforceable limits and corrective action provisions, ° Operational or placement engineering requirements, ° Performance bonding or financial assurance requirements, and State CCW Mine Placement Regulations and Policy 2 ** Revised DRAFT  do not cite or quote** August 2002 ° Other closure and post closure requirements.

The summary profiles of applicable State regulations, included herein for each State, often refer to the previous EPA report, titled Regulation of Landfills and Surface Impoundments Managing Coal Combustion Waste in 26 States, for greater detail in an effort to avoid redundancy. This report is referenced when the solid waste regulations pertaining to CCW placement in noncoal mines are similar to or the same as the solid waste regulations pertaining to CCW disposal in a landfill.

Research Methodology This report combines the results of two parallel research efforts: one reviewing State regulations for coal mine placement of CCW and another reviewing State regulations for noncoal mine placement of CCW. States were selected for each effort using slightly differing methodologies. States reviewed for coal mine placement regulations were selected based on the number of coal mines in each State. States review for noncoal mine placement regulations were selected based on the estimated likelihood of CCW placement into noncoal mines within each State. This likelihood was estimated by establishing a ranking for each State which combined the number of noncoal mines within the State, the coal consumption by electric utilities within the State, and the regulatory requirements within each State. More specifically, SAIC obtained data from the United States Geological Service to create a ranking of States based on the number of sand, gravel, clay, and limestone mines in each of the 50 States. Data were taken from the Mineral Industry Survey Directories of Producers in the United States for each of the materials and a ranking of each State based on the number of noncoal mines was generated. Then, coal consumption data were obtained from the Energy Information Administration, Form EIA 759, " Monthly Power Plant Report" ( 1998). A combination of the two sets of data produced a ranking of the States believed to most likely have placement of CCW in noncoal mines. Finally, the ranking was adjusted to account for ten States that EPA was aware of from previous research to have specific regulations pertaining to placement of CCW in noncoal mines or loopholes in their solid waste regulations pertaining to " fill" projects that may allow the unregulated placement of CCW in noncoal mines.

There was considerable overlap in the list of States reviewed for each effort. Therefore, regulations for both types of mine placement ( i. e., coal and noncoal) were reviewed for most of the States covered by this report. For a few States, however, regulations for only one type of mine placement were reviewed. In these States, the other type of placement is not known to be occurring or likely to occur in the future, based on EPA's estimates. For example, coal mine placement is not known to have occurred in Massachusetts and is not likely to occur in the future. Therefore, the review of Massachusetts' regulations focused on noncoal mine placement only. Table 1 lists the States covered by this report and identifies the focus of the review for each State. State CCW Mine Placement Regulations and Policy 3 ** Revised DRAFT  do not cite or quote** August 2002 Table 1. States Review ed for this Report Reviewed for both coal and noncoal mine placement regulations: Reviewed for coal mine placement regulations only: Reviewed for noncoal mine placement regulations only:

Alabama Arizona Colorado Illino is Indiana Kansas Kentucky Maryland Missouri Montana North Dakota Ohio Oklahoma Pennsylvania Tennessee Texas West Virginia Alaska Arkansas Louisiana New Mexico Utah Virginia Washington Wyoming Florida Georgia Iowa Massachusetts Michigan Minnesota Nebraska New York Wisconsin For both efforts, the regulatory review was conducted primarily using the ENFLEX Federal and State Regulations and Federal and State Statutes databases. These databases contain the full text of the environment, health, safety, and hazardous materials transportation regulations and statutes for the Federal Government, all 50 States, the District of Columbia, and Puerto Rico. The databases are updated monthly. The review also utilized previous research and information obtained in support of EPA's Regulatory Determination on Wastes from the Combustion of Fossil Fuels ( 65 FR 32214, May 22, 2000), information available on State web sites, and information provided by State contacts. Where clarification of the regulatory language was necessary, appropriate State regulatory authorities were contacted. Citations to the specific regulatory sections reviewed and identification of any contacts made are included with each State summary.

Summary Tables State CCW Mine Placement Regulations and Policy 4 ** Revised DRAFT  do not cite or quote** August 2002 Where State coal mining regulations are applied to CCW placement, these regulations frequently are promulgated under the authority of the Federal Surface Mining Control and Reclamation Act of 1977 ( SMCRA). In fact, many States' mining regulations are substantively similar or identical to Federal SMCRA regulations. As a result, an understanding of the Federal SMCRA regulations and their applicability to CCW placement is critical to this review of State programs. To assist with this understanding, Table 2 summarizes SMCRA regulations and guidance from the implementing agency, the U. S. Department of Interior Office of Surface Mine Reclamation and Enforcement ( OSM), applicable to CCW placement with regard to the review elements. It is important to note that because the Federal SMCRA regulations apply only to coal mines, many State programs similarly address CCW placement only in coal mines.

Table 3 summarizes the structure of the State regulations pertaining to mine placement of CCW in both coal and noncoal mines. A companion to this report, entitled Mine Placement of Coal Combustion Waste: State Program Elements Analysis, provides additional summary tables that identify program elements pertaining to mine placement oversight in each State.

The pages following the tables include State profiles that more fully describe each State's applicable policy and regulatory requirements. Where a State has programs for CCW placement in coal and noncoal mines, the programs are summarized in separate profiles. State CCW Mine Placement Regulations and Policy 5 ** Revised DRAFT  do not cite or quote** August 2002 Table 2. Federal SMCRA Regulations/ Guidance Applicable to the Mine Placement of Coal Combustion Wastes Applicability ° Placement for reclamation of surface coal mines. ° Placement for stabilization of underground mines. ° Discharge into underground mines ( fly ash and flue gas desulfurization sludge only). ° Disposal at coal mine sites.

Before Placement Distinction Betw een Beneficial Use and Disposal None specified Site Characterization The reclamation plan ( see below) must include: ° Geologic and hydrologic information. ° Land use information. ° Information on siltation, structures, impoundments, banks, dams, and diversions. ° Protection of public parks and historic places. ° Relocation or use of public roads. ° Disposal of excess spoil. ° Road systems.

In addition, a probable hydro logic consequences ( PHC) determination is required. Under OSM guidance, the PHC should sp ecifically address coal combustion waste placem ent. The PHC must: ° Determine the consequences of the proposed mining and reclamation operation upon the quality and quantity of surface and ground water. ° Consider seasonal flow conditions for the proposed permit area and adjacent areas. ° Be based on baseline hydrologic, geologic, and other information collected for the permit application ° Must include findings on whether any adverse impacts may occur.

Siting Restrictions Noncoal mine waste may not be disposed in a refuse pile or impounding structure. Noncoal mine waste disposal sites may not be located within 8 feet of any coal outcrop or coal storage area. ( States vary in their interpretation of whether CCW is catego rized as a noncoal mine waste.)

In addition, unless the operator qualifies for an exemption, surface coal mining operations in general may not be conducted: ° On any lands within the boundaries of the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System, or National Recreation A reas. ° On any Federal lands within a national forest. ° On any lands where the operations would adversely affect parks or any place in the N ational Register of Historic Places. ° Within 100 feet of any public road or cemetery. ° Within 300 feet of occupied dwellings, parks, or public buildings.

Reclamation Plan A reclamation plan that provides for protection of the environment, public safety, and, ideally, a new beneficial Table 2. Federal SMCRA Regulations/ Guidance Applicable to the Mine Placement of Coal Combustion Wastes State CCW Mine Placement Regulations and Policy 6 ** Revised DRAFT  do not cite or quote** August 2002 land use is required. Under OSM guidance, the reclamation plan should address coal combustion waste placement. The reclamation plan must include, at a minimum a: ° Detailed timetable. ° Detailed estimate of the cost. ° Plan for backfilling, soil stabilization, compacting, and grading. ° Plan for removal, storage, and redistribution of topsoil, subsoil, and other material. ° Plan for revegetation. ° Description of the measures to be used to maximize the use and conservation of the coal resource. ° Description of measures to be employed to ensure that all debris, acid forming and toxic forming materials, and materials constituting a fire hazard are disposed of in accordance with 30 CFR 816.89 and 816.102. ° Description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings, and to plug, case, or manage exploration holes, other bore holes, wells, and other openings within the proposed permit area, in accordance with 30 CFR 816.13 through 816.15. ° Description of steps to be taken to comply with the requirements of the Clean Air Act , the Clean Water Act, and other applicable air and water quality laws and regulations and health and safety standard s.

A hydrologic reclamation plan that is specific to the local hydrologic conditions also is required. The plan must contain the steps to be taken during the mining and reclamation through bond release to: ° Minimize disturbances to the hydrologic balance within the permit and adjacent areas; to prevent material damage outside the permit area. (" Material damage" is no t defined as it might apply to water resources.) ° Meet the applicable Federal and State water quality laws and regulations. ° Protect the rights of present water users. ° Avoid acid or toxic drainage. ° Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to stream flow. ° Provide water treatment facilities when needed. ° Control drainage. ° Restore approximate pre mining recharge capacity and protect or replace rights of present water users.

Under OSM guidance, the hydrologic reclamation plan and PHC determination ( see above) should address coal combustion waste placement, including: ° The probability of adverse impacts on the hydrologic balance. ° Contamination of surface or ground water supplies. ° The time for manifestation of impacts to surface or ground water supplies.

Waste Characterization Not required. The operator, however, must ensure that leachate and drainage from noncoal mine waste disposal Table 2. Federal SMCRA Regulations/ Guidance Applicable to the Mine Placement of Coal Combustion Wastes State CCW Mine Placement Regulations and Policy 7 ** Revised DRAFT  do not cite or quote** August 2002 areas does not degrade surface or ground water, which may necessitate performing waste characterization. ( States vary in their interpretation of whether CCW is catego rized as a noncoal mine waste.)

Waste Characteristic Limits None specified Address Acid Base B alance/ Acid Mine Drainage Operators must handle earth materials, ground water discharges, and runoff in a manner that minimizes the formation of acid or toxic drainage. ( No specific methodology for addressing this is prescribed.)

Regulatory Approval Required to Proceed A permit, issued by the SMCRA permitting authority, covering all coal mining operation and reclamation activities is required. The permit must be renewed every 5 years and is reviewed by the permitting authority at the middle of the permit term. Under OSM guidance, the permit application should include identification of coal combustion waste placement areas. Final disposal of noncoal mine waste shall be in a designated disposal site in the permit area o r a State approved solid waste disposal area. ( States vary in their interpretation of whether CCW is categorized as a noncoal mine waste.)

Public Participation SMCRA provides citizens with the right to petition the OSM to initiate a proceeding for the issuance, amendment, or repeal of any regulation under SMCRA. SMCRA also has public participation provisions for an application for a permit, a major revision of a permit, or a renewal of a permit. These provisions require public notice by the operator, allow the submission of public comments within 30 days of notice, and require public accessibility to the application, comments, and the final written decision of the perm itting authority ( the permitting authority must also notice their decision to the applicant, commenters, and local government officials). Under OSM guidance, any permit revision application proposing coal combustion waste placement is a major permit revision subject to these requirements.

During Placement Ongoing Waste Characterization Not required. The operator, however, must ensure that leachate and drainage from noncoal mine waste disposal areas does not degrade surface or ground water, which may necessitate performing waste characterization. ( States vary in their interpretation of whether CCW is catego rized as a noncoal mine waste.)

Ground water Monitoring A ground water monitoring plan based upon the PHC determination is required. The plan shall provide for: ° Monitoring of parameters that relate to the suitability of the ground water for current and approved post mining land uses and to the objectives for protection of hydrologic balance ( see below under performance standards). ° At a minimum, monitoring for TDS or specific conductance, pH , total iron, total manganese, and water levels. ° Submission of data every three m onths.

The regulatory authority may require additional monitoring. Table 2. Federal SMCRA Regulations/ Guidance Applicable to the Mine Placement of Coal Combustion Wastes State CCW Mine Placement Regulations and Policy 8 ** Revised DRAFT  do not cite or quote** August 2002 Performance Standards All surface mining and reclamation activities shall be conducted to: ° Minimize disturbance to the hydrologic balance within the permit and adjacent areas. ° Prevent material damage to the hydrologic balance outside the permit area. ° Ensure protection or replacement of water rights. ° Support approved post mining land uses. Under OSM guidance, these performance standards should be specifically applied to coal combustion waste placement.

For disposal of noncoal mine waste, placement and storage shall ensure that leachate and surface runoff do not degrade surface or ground water. ( States vary in their interpretation of whether CCW is categorized as a noncoal mine waste.)

Enforceable Limits Compliance with all app licable Federal and State water quality requirements, Federal and State air quality requirements, and Endangered Species Act provisions is required.

Operations of noncoal mine waste disposal sites shall be conducted in compliance with all local, State, and Federal requirements. ( States vary in their interpretation of whether CCW is catego rized as a noncoal mine waste.)

Corrective Action Each permit shall be subject to the following condition: the permittee shall take all possible steps to minimize any adverse impact to the environment or public health and safety resulting from noncompliance with any term or condition of the permit including, but not limited to: ° Any accelerated or additional monitoring necessary to determine the nature and extent of noncompliance and the results of the noncompliance. ° Immediate implementation of measures necessary to comply. ° Warning, as soon as po ssible after learning of such noncompliance, any person whose health and safety is in imminent danger due to the noncompliance.

Operational Requirements/ Placement Engineering Surface mining operators must develop an operation plan, air po llution co ntrol plan, and fish and wildlife protection and enhancement plan. The operation plan must include a description of the operation of facilities, such as impoundments, overburden and topso il storage areas, and noncoal waste disposal areas. Under OSM guidance, the operation plan should address coal combustion waste placement. Also under OSM guidance, the air pollution control plan should specifically address coal combustion w aste placement operations, including fugitive dust control during transport and placement within the permit area.

Disturbed areas shall be backfilled and graded to: ° Achieve the approximate original contour. Table 2. Federal SMCRA Regulations/ Guidance Applicable to the Mine Placement of Coal Combustion Wastes State CCW Mine Placement Regulations and Policy 9 ** Revised DRAFT  do not cite or quote** August 2002 ° Eliminate all high walls, spoil piles, and depressions. ° Achieve an appropriate post mining slope. ° Minimize erosion and water pollution. ° Support the approved post mining land use. Under OSM guidance, coal combustion waste placement should comply with the backfill, grading, and approximate original contour requirements.

Also under OSM guidance: ° Coal combustion waste should not be disposed in mined out areas if spoil would be displaced and disposed as excess spoil. ° The timing of coal combustion waste placement operations should be based on completion of mining and reclamation op erations in accordance with contemporaneous reclamation performance standards.

For noncoal mine waste disposal areas, wastes shall be routinely compacted and covered to prevent wind borne waste. ( States vary in their interp retation of whether CCW is catego rized as a noncoal mine waste.)

Closure/ Post Closure Care Ongoing Ground water Monitoring Ground water monitoring as described above must proceed through the mining period and continue during reclamation until bond release.

Performance Bonding or Financial Assurance A performance bond is required. ° The bond( s) must cover the entire permit area. ° The operator must file additional bonds to cover succeeding increments. ° The operator must file both cumulative and incremental bond schedules. ° Release of the performance bonds are contingent upon the successful completion of the reclamation plan ( including revegetation). ° The period of liability extends through the duration of the surface mining operation and through the " period of extended responsibility" for successful revegetation or until achievement of the reclamation requirements of the Act, regulatory programs, and permit, whichever is later. The " period of extended responsibility for successful revegetation" is defined as 5 years in areas of 26 inches or more rainfall ( 2 years if the lands are suitable for remining) and 10 years in areas of less than 26 inches of rainfall ( 5 years if the lands are suitable for remining).

Other Closure/ Post closure Requirements Final disposal of noncoal mine wastes requires: ° A minimum of 2 feet of soil cover. ° Slope stabilization. ° Revegetation. Table 2. Federal SMCRA Regulations/ Guidance Applicable to the Mine Placement of Coal Combustion Wastes State CCW Mine Placement Regulations and Policy 10 ** Revised DRAFT  do not cite or quote** August 2002 ( States vary in their interpretation of whether CCW is catego rized as a noncoal mine waste.) Key: X Yes/ applicable NR Not Reviewed. This type of mine placement is not occurring and is not likely to occur in the future in this State. Therefore, applicable regulatory requirements were not reviewed for this report. Blank No/ Not applicable State CCW Mine Placement Regulations and Policy 11 ** Revised DRAFT  do not cite or quote** August 2002 Table 3. Summary of Structure of State Regulatory Programs for Mine Placement of CCW: Coal and Noncoal Mines State Coal Mine Placement Noncoal Mine Placement Currently Occurring Applicable Mining Regulations Applicable Solid Waste Regulations Beneficial Use/ Disposal Distinction Currently Occurring Applicable Mining Regulations Applicable Solid Waste Regulations Beneficial Use/ Disposal Distinction Alabama X X Alaska X X X NR NR NR Arkansas X X NR NR NR Arizona X X( federal) X X Colorado X X X X X X Florida NR NR NR X Georgia NR NR NR X X Illinois X X X X ( based on purpose) X X X ( based on purpose)

Indiana X X X ( based on purpose) X X X ( based on purpose)

Iowa NR NR NR X X X ( based on purpose)

Kansas X X X X Kentucky X X X X ( based on purpose) X Louisiana X X NR NR NR Massachusetts NR NR NR X X Maryland X X X X X Michigan NR NR NR X X Minnesota NR NR NR X Table 3. Summary of Structure of State Regulatory Programs for Mine Placement of CCW: Coal and Noncoal Mines State Coal Mine Placement Noncoal Mine Placement Currently Occurring Applicable Mining Regulations Applicable Solid Waste Regulations Beneficial Use/ Disposal Distinction Currently Occurring Applicable Mining Regulations Applicable Solid Waste Regulations Beneficial Use/ Disposal Distinction Key: X Yes/ applicable NR Not Reviewed. This type of mine placement is not occurring and is not likely to occur in the future in this State. Therefore, applicable regulatory requirements were not reviewed for this report. Blank No/ Not applicable State CCW Mine Placement Regulations and Policy 12 ** Revised DRAFT  do not cite or quote** August 2002 Missouri X X X X ( based on purpose & ecological risk) X X X ( based on purpose & ecological risk)

Montana X X X X X Nebraska NR NR NR X New Mexico X X NR NR NR New York NR NR NR X X X North Dakota X X X ( based on purpose) X Ohio X X X X ( based on volume) X X X ( based on volume)

Oklahoma X X X X X X Pennsylvania X X X X ( based on environmental benefit) X X X Tennessee X( federal) X X X Texas X X X X ( based on purpose) X X ( based on purpose)

Utah X NR NR NR Virginia X X ( based on purpose) NR NR NR Washington X X ( federal) X NR NR NR Wisconsin NR NR NR X X X X ( based on purpose)

West Virginia X X X X ( based on volume) X X Wyoming X X X NR NR NR 1 This is a different interpretation than originally reported in Regulation and Policy Concerning Mine Placement of Coal Combustion Waste in 26 States ( 10/ 26/ 01  working draft). In that report it was stated that CCW was exempt as an industrial solid waste but still could be considered a special waste.

State CCW Mine Placement Regulations and Policy 13 ** Revised DRAFT  do not cite or quote** August 2002 ALABAMA: Coal Mines In Alabama, the placement of CCW in mines is subject to applicable State mining regulations, which are substantively identical to the Federal SMCRA regulations. In addition, the Alabama Surface Mining Commission ( SMC) has internal policy that specifically addresses CCW placement. This policy, among other things, requires that disposal of CCW in mine pits requires a permit from the Alabama Department of Environmental Management's Solid Waste Division ( SWD). Alabama's solid waste program regulations, however, specifically EXCLUDE wastes which result from the combustion of coal at electric generating plants from the definition of industrial solid waste. For this reason, as stated by Andy Baker ( DEM), CCW could not be considered a special waste either. 1 Therefore, any placement or disposal of CCW would not fall under the solid waste regulations or the authority of DEM.

References Alabama Regulations: § § 335 13 1. 03( 12), ( 63), and ( 134)

AAC Chapter 880 X Randall Johnson, Director, Surface Mining Commission ( personal communication, 4/ 26/ 01)

Andy Baker, Waste Management, Department of Environmental Management ( personal communication, 11/ 1/ 01) State CCW Mine Placement Regulations and Policy 14 ** Revised DRAFT  do not cite or quote** August 2002 ALABAMA Regulatory Agency Oversight ° Alabama Surface Mining Commission ( SMC) ° Alabama Department of Environmental Management, Solid Waste Division ( SWD)

Allowed Uses ° Disposal in mine pits. ° Placement on the surface of reclaimed sites.

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, no additional requirements.

Waste Characterization The SMC allows disposal of CCW on the surface of reclamation areas if tests are conducted demonstrating that it is suitable as a soil amendment and it does not contain toxic or hazardous materials which will contaminate ground or surface water. The internal policy does not prescribe specific procedures for this testing. Waste Characteristic Limits Address Acid Base Balance/ Acid Mine Drainage Substantively similar to federal SMCRA, no additional requirements.

State Approval Required to Proceed SMC requires a major modification to the mining permit for CCW placement in mine pits ( while use as a soil amendment would be a minor amendment). In addition, disposal in mine pits requires a solid waste disposal permit from SWD.

Public Participation Substantively similar to federal SMCRA, no additional requirements. ALABAMA State CCW Mine Placement Regulations and Policy 15 ** Revised DRAFT  do not cite or quote** August 2002 During Placement Ongoing Waste Characterization Substantively similar to federal SMCRA, no additional requirements.

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, no additional requirements.

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

Operational Requirements/ Placement Engineering Substantively similar to federal SMCRA, no additional requirements.

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. 2 This is a different interpretation than originally reported in Regulation and Policy Concerning Mine Placement of Coal Combustion Waste in 26 States ( 10/ 26/ 01  working draft). In that report it was stated that CCW was exempt as an industrial solid waste but still could be considered a special waste.

State CCW Mine Placement Regulations and Policy 16 ** Revised DRAFT  do not cite or quote** August 2002 ALABAMA: Noncoal Mines In Alabama, CCW placement in a noncoal mine has yet to occur. If it were to occur, the Alabama Department of Industrial Relations ( DIR), which is responsible for the abandoned mine and noncoal mining programs, would have sole jurisdiction over the activity. The concern would be that such an activity comply with mine reclamation guidelines. All surface mining operations must:

° Obtain a permit ° Leave at least a 50 foot setback, with no disturbance. The setback must have lateral support graded to a 3: 1 slope or flatter, stabilized, mulched, fertilized, and planted in native grasses and legumes. ° Conduct surface mining operations in such a manner as to minimize their impact on water quality and ensure compliance with water quality standards ° Provide to the DIR a pollution abatement and/ or prevention plan that includes the following: < A plan for diverting surface water < A narrative account of operations < A plan to eliminate or minimize sediment < The location of all streams in or adjacent to the mining area for determining the need for setbacks, buffer strips, or screens. < Measures to minimize effects of any non point source pollution < Whether the mining operation will be in the watershed of a public water supply ° Comply with effluent limitations and monitoring requirements, if specified in the permit conditions ° Develop and implement a comprehensive reclamation plan. ° Grade and backfill highwalls to a 3: 1 or flatter slope and provide soil stabilization and drainage control. ° Reclaim affected land through revegetation ( at least 75% of affected land must have local, permanent type grass coverage) ° Provide a reclamation bond. Bonds may be surety, negotiable, or cash.

The Department of Environmental Management's ( DEM) solid waste program exempts CCW as a solid waste and, for this reason, as stated by Andy Baker ( DEM), CCW could not be considered a special waste either. 2 Therefore, any placement or disposal of CCW would not fall under the solid waste regulations or the authority of DEM. State CCW Mine Placement Regulations and Policy 17 ** Revised DRAFT  do not cite or quote** August 2002 References Alabama Statute: Act 99 579, Amendments to the Alabama Surface Mining Act of 1969 ( effective10/ 1/ 99)

Alabama Regulations: 335 6 9; 335 13 1. 03; 480 3 6 Andy Baker, Waste Management, Department of Environmental Management ( personal communication, 11/ 1/ 01)

Walter Cartwright, Surface Mining of Non fuel Minerals, State Programs Division, Department of Industrial Relations ( personal communication 11/ 5/ 01) State CCW Mine Placement Regulations and Policy 18 ** Revised DRAFT  do not cite or quote** August 2002 ALASKA: Coal Mines In Alaska, the placement of CCW in mines is subject to applicable State mining regulations, which are substantively identical to the Federal SMCRA regulations. In addition, under the solid waste program, CCW is regulated as inert waste and, when placed in mines, is subject to applicable solid waste regulations. These regulations require a permit and include the following:

° Siting restrictions, ° State approval process, ° Ground water monitoring ( during and after placement) on a case by case basis, ° Corrective action, and ° Financial assurance.

Currently, all coal ash in Alaska comes from a single source   the Usibelli Coal Mine in Healy. They minefill the ash generated from their own operations.

References Alaska Regulations: 18 AAC 60.990( 64); 18 AAC 60.460; 11 AAC Chapter 90 Bruce Buzby, Division of Mining, Land, and Water, Alaska Department of Environmental Conservation ( personal communication, 4/ 23/ 01)

Heather Stockard and Nancy Sonafrank, Solid Waste Management, Division of Environmental Health, Alaska Department of Environmental Conservation ( personal communication, 4/ 20/ 01) State CCW Mine Placement Regulations and Policy 19 ** Revised DRAFT  do not cite or quote** August 2002 ALASKA Regulatory Agency Oversight Alaska Department of Environment Conservation: ° Division of Mining, Land, and Water ° Division of Environmental Health, Solid Waste Management ( SWM)

Allowed Uses Mine placement.

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, plus: ° Not on slopes greater than 10% grade or on unstable soils. ° Floodplain restrictions. ° Not within 10 feet of highest measured level of an aquifer.

Reclamation Plan Substantively similar to 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 Substantively similar to federal SMCRA, no additional requirements.

State Approval Required to Proceed Substantively similar to federal SMCRA, plus: A standard inert waste disposal permit is required.

Public Participation Substantively similar to federal SMCRA, no additional requirements. ALASKA State CCW Mine Placement Regulations and Policy 20 ** 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: Monitoring specific to CCW placement is required if SWM: ° Determines that non inert waste is or has been present at the site. ° Detects evidence of a spill or ground water contamination. ° Finds unexplained contamination in nearby wells.

If such monitoring is needed: ° Must establish background water quality. ° Detection monitoring required   must determine whether there is a statistically significant increase over background values. If so, assessment monitoring must be performed.

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, plus: Corrective measures must be performed if detection monitoring determines there is a statistically significant increase over background ( see above).

Operational Requirements/ Placement Engineering Substantively similar to federal SMCRA, plus: ° No placement within 10 feet of highest measured level of an aquifer. ° Compaction or other waste conditioning, as applicable, on a case by case basis. ALASKA State CCW Mine Placement Regulations and Policy 21 ** Revised DRAFT  do not cite or quote** August 2002 Closure/ Post Closure Care Ongoing Ground water Monitoring Substantively similar to federal SMCRA, plus: If additional ground water monitoring is required by SWM for the disposal period, it must continue through the post closure care period.

Performance Bonding or Financial Assurance Substantively similar to federal SMCRA, plus: SWM requires proof of financial responsibility for disposal area to cover closure and post closure care using self insurance, insurance, surety, or other guarantee approved by SWM.

Other Closure/ Post closure Requirements Substantively similar to federal SMCRA, no additional requirements. State CCW Mine Placement Regulations and Policy 22 ** Revised DRAFT  do not cite or quote** August 2002 ARIZONA: Coal Mines In Arizona, the placement of CCW in mines is subject to applicable Federal mining regulations   the mining program is administered by the US Department of the Interior's Office of Surface Mine Reclamation and Enforcement ( OSM) rather than the State. Under the State's solid waste program, if CCW is classified as inert material by the Arizona Department of Environmental Quality ( ADEQ), it is exempt from State solid waste permitting regulations. Inert material is defined as material that: 1) is not flammable, 2) will not decompose, 3) will not leach substances in concentrations that exceed applicable aquifer water quality standards when subjected to a water leach test that is designed to approximate natural infiltrating waters. If CCW is not classified as inert, the disposal of it would require the mine operator to provide ADEQ with a notice, operate in accordance with 40 CFR 257, and obtain an Aquifer Protection Permit ( APP) ( see Regulation of Landfills and Surface Impoundments Managing Coal Combustion Waste in 26 States, December 14, 2000). Specifically, the requirements address:

° Waste characterization, ° State approval process, ° Ground water monitoring ( during and after placement) on a case by case basis, ° Enforceable limits, ° Corrective action, ° Operational requirements/ placement engineering, ° Financial assurance, and ° Closure References Arizona Statutes: ARS § § 49 241, 49 701( 15), 49 701.01( B)( 17), 49 762.07( A), and 49 762.07( E)

Barry Abbott, Arizona Department of Environmental Quality, Waste Programs Division ( personal communication, 5/ 4/ 01) State CCW Mine Placement Regulations and Policy 23 ** Revised DRAFT  do not cite or quote** August 2002 ARIZONA Regulatory Agency Oversight ° US Department of the Interior OSM ° Arizona Department of Environmental Quality, Waste Programs Division Allowed Uses Mine placement.

Before Placement Distinction Between Beneficial Use and Disposal None specified.

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

Siting Restrictions Regulated by OSM under federal SMCRA, no additional requirements.

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

Waste Characterization Characterization using a water leach test that is designed to approximate natural infiltrating waters is required to determine if the waste is subject to ADEQ permitting requirements.

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: If the CCW does not meet the definition of inert, an Aquifer Protection Permit from ADEQ would be required, and additional operating requirements would apply.

Public Participation Regulated by OSM under federal SMCRA, no additional requirements. ARIZONA State CCW Mine Placement Regulations and Policy 24 ** 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: If the CCW does not meet the definition of inert, additional ground water monitoring may be required under the Aquifer Protection Permit.

Performance Standards Regulated by OSM under federal SMCRA, no additional requirements.

Enforceable Limits Regulated by OSM under federal SMCRA, plus: If the CCW does not meet the definition of inert, the Aquifer Protection Permit would establish a compliance boundary and alert levels that may trigger corrective action.

Corrective Action Regulated by OSM under federal SMCRA, plus: If the CCW does not meet the d efinition of inert, Aquifer Protection Permit co rrective action provisions would apply.

Operational Requirements/ Placement Engineering Regulated by OSM under federal SMCRA, plus: If the CCW does not meet the definition of inert, additional operating requirements may be established under the Aquifer Protection Permit.

Closure/ Post Closure Care Ongoing Ground water Monitoring Regulated by OSM under federal SMCRA, plus: If the CCW does not meet the definition of inert, additional ground water monitoring may be required under the Aquifer Protection Permit.

Performance Bonding or Financial Assurance Regulated by OSM under federal SMCRA, plus: If the CCW does not meet the d efinition of inert, Aquifer Protection Permit financial assurance requirements would apply.

Other Closure/ Post closure Requirements Regulated by OSM under federal SMCRA, plus: If the CCW does not meet the definition of inert, closure and post closure plans would be required under the Aquifer Protection Permit, with additional closure requirements determined on a case by case basis. State CCW Mine Placement Regulations and Policy 25 ** Revised DRAFT  do not cite or quote** August 2002 ARIZONA: Noncoal Mines In Arizona, the placement of CCW in noncoal mines is not controlled by the State's mining program, which deals only with safety concerns. Rather, the Arizona Department of Environmental Quality ( ADEQ)' s solid waste program has sole authority and applies the same requirements for CCW placement in noncoal mines as it does for coal mines. Under the State's solid waste program, if CCW is classified as inert material by the Arizona Department of Environmental Quality ( ADEQ), it is exempt from State solid waste permitting regulations. Inert material is defined as material that: 1) is not flammable, 2) will not decompose, 3) will not leach substances in concentrations that exceed applicable aquifer water quality standards when subjected to a water leach test that is designed to approximate natural infiltrating waters. If CCW is not classified as inert, the disposal of it would require the mine operator to provide ADEQ with a notice, operate in accordance with 40 CFR 257, and obtain an Aquifer Protection Permit ( APP) ( see the Arizona summary profile for coal mines, found above, for more information).

References Arizona Statutes: ARS § § 49 701( 15), 49 762.07( A), and 49 762.07( E)

Paul Catanzariti, Reclamation Specialist, Arizona State Mine Inspector's Office ( personal communication, 10/ 18/ 01) State CCW Mine Placement Regulations and Policy 26 ** Revised DRAFT  do not cite or quote** August 2002 ARKANSAS: Coal Mines In Arkansas, there is currently no placement of CCW in active mines. If placement were to occur, it would be subject to applicable State mining regulations, which are substantively similar to the Federal SMCRA regulations. In addition, since CCW is defined as industrial solid waste, a solid waste disposal permit would be required for mine placement, with review and approval from the Mining Division. According to Jerry Delavan of the Arkansas Department of Environmental Quality, internal policy would apply additional requirements to mine placement projects in the following areas:

° Waste characterization ( pre placement and during placement), ° Waste characteristic limits, ° State approval process, ° Ground water monitoring, and ° Operational requirements/ placement engineering.

References Arkansas Statutes: ACA 15 58 101 to 15 58 510 Arkansas Regulations: APC & EC Solid Waste Regulation No. 22 § 102; APC & EC Surface Coal Mining and Reclamation Code No. 20 Jerry Delavan, Arkansas Department of Environmental Quality, Solid Waste Management Division ( personal communication, 4/ 24/ 01) State CCW Mine Placement Regulations and Policy 27 ** Revised DRAFT  do not cite or quote** August 2002 ARKANSAS Regulatory Agency Oversight Arkansas Department of Environmental Quality: ° Mining Division ° Solid Waste Management Division Allowed Uses Mine placement.

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, no additional requirements.

Waste Characterization Under the solid waste program's internal policy, the CCW would need to pass a TCLP test prior to placement.

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 solid waste permit would be required, with review and approval by the Mining Division.

Public Participation Substantively similar to federal SMCRA, no additional requirements. ARKANSAS State CCW Mine Placement Regulations and Policy 28 ** Revised DRAFT  do not cite or quote** August 2002 During Placement Ongoing Waste Characterization Under the solid waste program's internal policy, the CCW would need to pass a TCLP test during active dispo sal.

Ground water Monitoring Substantively similar to federal SMCRA, plus: Under the solid waste program's internal policy, additional monitoring might be required.

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: Under the solid waste program's internal policy, the site would need to meet an in situ hydraulic conductivity standard of 1.0 x 10 5.

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 29 ** Revised DRAFT  do not cite or quote** August 2002 COLORADO: Coal Mines In Colorado, the Colorado Department of Natural Resources, Division of Minerals and Geology ( CDMG) has dual jurisdiction with the Colorado Department of Public Health and the Environment, Solid Waste Division ( CDPHE) for the disposal of CCW in mines. The activity is subject to applicable State mining regulations, which are substantively similar to the Federal SMCRA regulations. Specific requirements are determined on a site by site basis. CDMG, however, generally considers requirements in the following areas:

° Site characterization, ° Siting restrictions, ° Waste characterization ( pre placement and during placement), ° State approval process, ° Public participation, ° Ground water monitoring, ° Enforceable limits, ° Operational requirements/ placement engineering, and ° Financial assurance.

In addition, CCW is defined as industrial solid waste and its disposal in a mine requires a solid waste permit   issued by the local governmental entity under the authority of the CDPHE   called the Certification of Designation ( see Regulation of Landfills and Surface Impoundments Managing Coal Combustion Waste in 26 States, December 14, 2000). The issuance of the Certificate of Designation involves coordination between CDMG, CDPHE, and the local government authority. The solid waste program could apply additional requirements to CCW placement projects under the Certificate of Designation, but has thus far deferred to CDMG's requirements. State CCW Mine Placement Regulations and Policy 30 ** Revised DRAFT  do not cite or quote** August 2002 References Colorado Statutes: CRS 34 33 101 Colorado Regulations: 2 CCR 407 2; 6 CCR 1007 2 1.2 David Berry, Coal Program, Colorado Division of Minerals and Geology, Colorado Department of Natural Resources ( personal communication, 4/ 26/ 01)

Glenn Mallory, Solid Waste Division, Colorado Department of Public Health and the Environment ( personal communication, 5/ 21/ 01)

Mike Long, Division of Minerals and Geology, Colorado Department of Natural Resources. Presentation at IMCC Intergovernmental Forum on Mine Placement of Coal Combustion Wastes. May 15 16, 2001. St. Louis, Missouri.

Mike Long, Division of Minerals and Geology, Colorado Department of Natural Resources ( written comments to EPA, 2/ 11/ 02) State CCW Mine Placement Regulations and Policy 31 ** Revised DRAFT  do not cite or quote** August 2002 COLORADO Regulatory Agency Oversight ° Colorado Department of Natural Resources, Division of Minerals and Geology ( CDMG) ° Colorado Department of Public Health and the Environment, Solid Waste Division ( CDPHE) ° Local governmental entities Allowed Uses Mine placement.

Before Placement Distinction Between Beneficial Use and Disposal None specified.

Site Characterization Substantively similar to federal SMCRA, plus: Requirements specific to CCW placement determ ined on a site by site basis. The two active CCW placement projects required a minimum of 12 months of background monitoring, plus geologic background data.

Siting Restrictions Substantively similar to federal SMCRA, plus: Requirements specific to CCW placement determ ined on a site by site basis. The two active CCW placement projects required no disposal in the flood plain. Also, generally, placement of ash in coal mines is conducted to ensure isolation from the hydrologic system.

Reclamation Plan Substantively similar to federal SMCRA, no additional requirements.

Waste Characterization A detailed materials analysis is required. TCLP testing was required at one of the two active CCW placement projects.

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 Substantively similar to federal SMCRA, plus: In addition to permitting under the Colorado Surface Mining Reclamation Act, a Certificate of Designation is required. The process involves coordination between CDMG, CDPHE, and the local government authority responsible for issuing the Certificate of Designation for d isposal.

Public Participation Public notice and involvement are required under the Certificate of Designation and SMCRA programs. Citizen suits are allowed. COLORADO State CCW Mine Placement Regulations and Policy 32 ** Revised DRAFT  do not cite or quote** August 2002 During Placement Ongoing Waste Characterization Required, details determined on a site specific basis.

Ground water Monitoring Substantively similar to federal SMCRA, plus: Requirements specific to CCW placement determ ined on a site by site basis. The two active CCW placement projects require quarterly monitoring for all parameters, and monthly monitoring for indicators.

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

Enforceable Limits Substantively similar to federal SMCRA, plus: Requirements specific to CCW placement determined on a site by site basis. The two active CCW placement projects have zero degradation standards for ground water.

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

Operational Requirements/ Placement Engineering Substantively similar to federal SMCRA, plus: Requirements specific to CCW placement determ ined on a site by site basis. Generally: ° Placement of ash in coal mines is conducted to ensure isolation from both the hydrologic system and with extensive cover to isolate the materials from any root zone. ° CCW volume restrictions are determined on a site by site basis. ° Annual hydrology and reclamation reports are required at the two active CCW placement projects.

Closure/ Post Closure Care Ongoing Ground water Monitoring Substantively similar to federal SMCRA, plus: Additional monitoring requirements may be applied on a case by case basis.

Performance Bonding or Financial Assurance Substantively similar to federal SMCRA, plus: Additional financial assurance requirements may be applied on a case by case basis.

Other Closure/ Post closure Requirements Substantively similar to federal SMCRA, no additional requirements. State CCW Mine Placement Regulations and Policy 33 ** Revised DRAFT  do not cite or quote** August 2002 COLORADO: Noncoal Mines As with coal mines, the Colorado Department of Natural Resources, Division of Minerals and Geology ( CDMG) has dual jurisdiction with the Colorado Department of Public Health and the Environment, Solid Waste Division ( CDPHE) for the disposal of CCW in noncoal mines. There is currently one placement project in a gravel pit.

CDMG has a mining regulatory program applicable to noncoal mines that is substantively similar to the SMCRA based program for coal mines and the requirements for CCW placement in noncoal mines are implemented similarly to those described for coal mines ( see the Colorado summary profile for coal mines, found above).

CDPHE applies the same requirements to CCW placement in noncoal mines as it does for coal mines. CCW is defined as industrial solid waste and its disposal in a mine requires a solid waste permit   issued by the local governmental entity under the authority of the CDPHE   called the Certification of Designation ( see Regulation of Landfills and Surface Impoundments Managing Coal Combustion Waste in 26 States). The issuance of the Certificate of Designation involves coordination between CDMG, CDPHE, and the local government authority. The solid waste program could apply additional requirements to CCW placement projects under the Certificate of Designation, but has thus far deferred to CDMG's requirements.

References Colorado Statutes: CRS 34 33 101 Colorado Regulations: 2 CCR 407 2; 6 CCR 1007 2 1.2 David Berry, Coal Program, Colorado Division of Minerals and Geology, Colorado Department of Natural Resources ( personal communication, 4/ 26/ 01)

Glenn Mallory, Solid Waste Division, Colorado Department of Public Health and the Environment ( personal communication, 5/ 21/ 01)

Mike Long, Division of Minerals and Geology, Colorado 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 34 ** Revised DRAFT  do not cite or quote** August 2002 State CCW Mine Placement Regulations and Policy 35 ** Revised DRAFT  do not cite or quote** August 2002 FLORIDA: Noncoal Mines In Florida, the placement of CCW at a noncoal mine site would fall under the sole jurisdiction of Bureau of Solid and Hazardous Waste ( BSHW) and permitted as a solid waste disposal facility. The Bureau of Mine Reclamation ( BMR) has regulatory authority for the reclamation of mines but the laws of the State of Florida do not provide for a mining permit. An operator of a mine must provide a Notice of Mining containing a reclamation plan to BMR. This notice is not a permit application and, in most cases, it is not officially approved by BMR. If the reclamation plan includes the use of the mine as a waste disposal facility, the statutes and rules that regulate waste disposal facilities would take precedence.

The applicable solid waste disposal permit requirements are as follows:

° Permit term of 5 years ° Public notice and comment ° Contingency plan Performance Standards ° A landfill must be designed, constructed, operated, maintained, closed, and monitored throughout its design period to control the movement of waste and waste constituents into the environment so that water quality standards and criteria and air quality standards will not be violated.

Location ° Must provide adequate structural support for the total wastes to be disposed and the structures to be built. ° Can not be located in the 100 year floodplain. ° Minimum of 100 feet separation between waste deposits in the landfill and the boundary of the landfill property. ° Must be screened from public view where possible. ° The zone of discharge can not exceed 100 feet from the edge of the solid waste disposal unit.

Design ° Composite or double liners ° Leachate collection and removal system ° Surface water management system State CCW Mine Placement Regulations and Policy 36 ** Revised DRAFT  do not cite or quote** August 2002 Site Characterization ° Direction and rate of ground water and surface water flow ° Background quality of ground water and surface water ° Topography, solid types and characteristics, and surface water drainage systems of the site ° An inventory of all public and private water wells within a 1 mile radius of the site ° Geotechnical site investigation < Evaluate and address fault areas, seismic impact zones, and unstable areas < Estimate the average and maximum high ground water table across the site Operation ° Operation plan ° Waste compaction and daily application of cover ° Storm water and erosion controls ° Dust controls Water Quality Monitoring ° Water quality monitoring plan describing ground water ( 2 or more detection wells downgradient), surface water, and leachate monitoring systems ° Sample and analyze monitoring wells semi annually. ° Evaluation monitoring, prevention measures, and corrective action required as necessary.

Closure ° Closure design plan ( includes a description of any proposed final use of the site), closure operation plan, and closure procedures ° Final cover within 180 days afer the final waste deposit ° Revegetation Post closure ° Long term care plan for 30 years from date of closing ° Continued water quality monitoring ( plan may be modified)

Financial Assurance ° Financial assurance required for operation, corrective action, closure, and long term care State CCW Mine Placement Regulations and Policy 37 ** Revised DRAFT  do not cite or quote** August 2002 References Florida Regulations: Chapter 62 701 et seq.

Howard J. Hayes, Environmental Administrator, Bureau of Mine Reclamation ( personal communication, 12/ 3/ 01)

Richard Tedder, Administrator of the Solid Waste Program, Bureau of Solid and Hazardous Waste ( personal communication, 11/ 16/ 01) State CCW Mine Placement Regulations and Policy 38 ** Revised DRAFT  do not cite or quote** August 2002 GEORGIA: Noncoal Mines Although it has yet to occur in Georgia, the disposal of CCW in noncoal mines would be controlled under both the mining and solid waste regulations. The mining and solid waste programs are administered together out of one office   the Solid Waste Management Program, Georgia Department of Natural Resources. The disposal of CCW, regulated as an industrial solid waste, in a noncoal mine would require a solid waste permit as described in Regulation of Landfills and Surface Impoundments Managing Coal Combustion Waste in 26 States. The activity would also have to be covered under the mining permit, requiring a minor amendment to the reclamation plan. A solid waste permit must be obtained before DNR will amend the mining plan to allow the activity.

The standards and criteria included in the mining permit regulations are as follows:

° Must submit a Mining Land Use Plan with: < Provisions for protection of the environment and resources of the State ( including historic places) and reclamation of affected lands in a reasonable period of time. < A specific plan of action for accomplishing the reclamation objective and for protection of adjacent watershed from the effects of erosion and siltation. < Measures for protecting the health and welfare of the people from the adverse effects of surface mining. < Measures to provide protective barriers, such as dams and berms, between the lands to be affected and the waters or watersheds involved. < A plan to alleviate and/ or mitigate any adverse effects of impacts to adjacent lands containing natural or other resources. < Grading to original elevation and plane. < A description of any bodies of water to be altered in course or relocated < A location map, land use map, and aerial photographs. ° May substitute and reclaim a previously mined site for lands currently being mined ° Final acceptable reclamation will be in conformance with Mining Land Use Plan and result in a neat, clean appearance with a high quality, permanent vegetative cover. ° Must have financial assurance in the form of a performance bond, governmental securities, irrevocable letter of credit, or cash. Amount required is between $ 1,000 and 2,500 per acre, to be determined by DNR. Release of the bond is contingent upon satisfactory reclamation in conformance with the Mining Land Use Plan, as determined by DNR. ° DNR is required to review and reevaluate, every five years, the site operation, the objectives of the land use plan, and estimated cost factors for completion of the plan and will make adjustments to bonding amount as necessary. State CCW Mine Placement Regulations and Policy 39 ** Revised DRAFT  do not cite or quote** August 2002 References Georgia Regulations: Chapter 391 3 3 Georgia Statute: Sections 12 4 70 through 12 4 75 Harold Gillespie, Manager of the Solid Waste Management Program, Land Protection Branch, Environmental Protection Division, Georgia Department of Natural Resources ( personal communication, 10/ 30/ 01)

Jeff Cown, Manager of the Surface Mining Unit, Solid Waste Management Program, Land Protection Branch, Environmental Protection Division, Georgia Department of Natural Resources ( personal communication, 11/ 2/ 01) State CCW Mine Placement Regulations and Policy 40 ** Revised DRAFT  do not cite or quote** August 2002 ILLINOIS: Coal Mines The Illinois Department of Natural Resources Office of Mines and Minerals ( IOMM) has dual jurisdiction over disposal and beneficial use of CCW on abandoned and active mine sites with the Illinois Environmental Protection Agency ( IEPA). The Illinois Environmental Protection Act allows for disposal of CCW in an active coal mine facility if the activity is provided for in the approved refuse disposal plan under the existing National Pollutant Discharge Elimination System ( NPDES) and/ or Subtitle D solid waste permits. Alternatively, the Act allows for disposal of CCW at an active coal mine if IOMM's CCW specific disposal requirements are satisfied.

IOMM's CCW specific disposal requirements ( both law and policy) satisfy both the mining and the solid waste programs for CCW disposal. These requirements specify the need for separate approvals from IOMM and IEPA ( which can be accomplished through a mining permit application or major revision) and include the following:

° Site characterization, ° Waste characterization ( both pre placement and during placement), ° Acid mine drainage ° State approval process, ° Ground water monitoring, ° Performance standards, ° Enforceable limits, ° Corrective action, and ° Operational requirements/ placement engineering.

These requirements apply to active mines only, the requirements for CCW minefilling in abandoned mines are coordinated by IOMM and IEPA on a case specific basis.

In addition, the beneficial reuse of CCW is statutorily allowed by IOMM for several purposes including mine subsidence control, mine fire control, mine sealing, and mine reclamation. IOMM policy regarding such uses is included in the table below. State CCW Mine Placement Regulations and Policy 41 ** Revised DRAFT  do not cite or quote** August 2002 References Illinois Statutes: 415 ILCS 5/ 21( r); 415 ILCS 5/ 3.94 ( P. A. 89 93); 225 ILCS 720 Illinois Regulations: 62 Ill. Adm. Code 1700  1850 Land Reclamation Memorandums 92 11, 95 8, and 95 9 Dan Wheeler, Office of Mines and Minerals, Illinois Department of Natural Resources and Larry Crislip, Mine Pollution Program, Illinois Environmental Protection Agency. 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 42 ** Revised DRAFT  do not cite or quote** August 2002 ILLINOIS Disposal Beneficial Use Regulatory Agency Oversight ° Illinois Office of Mines and Minerals ( IOMM) ° Illinois Environmental Protection Agency ( IEPA)

Allowed Uses ° Disposal in active mines. ° Mine subsidence control. ° Mine fire co ntrol. ° Mine sealing. ° Mine reclamation.

Before Placement Distinction Between Beneficial Use and Disposal To be classified as a beneficial use, the applicant must demonstrate that the CCW is being used beneficially.

Site Characterization Substantively similar to federal SMCRA, plus: A summary of ground water monitoring data for wells in the vicinity of the dispo sal area needs to be submitted in application. Substantively similar to federal SMCRA, no additional requirements.

Siting Restrictions Substantively similar to federal SMCRA, plus: The proposed disposal site must be adjacent to/ on the mine site. Substantively similar to federal SMCRA, no additional requirements.

Reclamation Plan Substantively similar to federal SMCRA, plus: The disposal plan proposal must include: ° An accurate topographic map showing the proposed limits of the disposal area. ° A detailed description of the storage, handling, and placement operations. Substantively similar to federal SMCRA, no additional requirements, plus: Request for use of CCW must include: ° A description of the CCW including the type and its source and an estimate of the quantity to be used. ° A detailed description of the application demonstrating that the CCW is being used beneficially. ° A reclamation plan for the CCW site. Any modifications to soil grading, covering and/ or amendment, seeding and mulching activities related specifically to the application area shall be described. ILLINOIS Disposal Beneficial Use State CCW Mine Placement Regulations and Policy 43 ** Revised DRAFT  do not cite or quote** August 2002 Waste Characterization ° Lab analysis for pH, alkalinity, acidity and TDS. ° TCLP for 19 metals and appropriate leaching procedure for chloride, cyanide, fluoride, and sulfate. ° A representative weighted composite for all co nstituents noted here, plus antimony, beryllium, and thallium. ° Evaluation for 19 constituents utilizing ASTM method D3987 85.

Waste Characteristic Limits None specified ( as per federal SMCRA). ° May not exceed Class I Ground water Standards for metals.

Address Acid Base Balance/ Acid Mine Drainage pH must be maintained so as to prevent excessive leaching of metal ions. If co disposed with refuse in an active pit, representative mixtures are analyzed and the composite leachate tests should have a pH between 6 and 9. Substantively similar to federal SMCRA, no additional requirements.

State Approval Required to Proceed Substantively similar to federal SMCRA, plus: Separate approvals ( and separate permits) from IOMM and IEPA required. However, may be applied to jointly through an IOMM permit application or a major revision of an existing mining permit. Substantively similar to federal SMCRA, plus: Beneficial uses may be app lied for through a permit application, major or minor permit revision, or incidental boundary revision depending on the situation and magnitude of the changes proposed.

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

During Placement Ongoing Waste Characterization ° Quarterly sam pling and reporting on each CCW source to establish baseline. Once baseline waste characteristics are consistently estab lished, operator may request a modification of monitoring plan. ° Any changes in CCW source materials or mixture requires notification and submission of chemical analysis of the alternative waste source material or mixture. May be required on a case by case basis, depending on the source variability/ consistency and the proposed beneficial use.

Ground water Monitoring Substantively similar to federal SMCRA, plus: IOMM or IEPA require additional parameters to be added to the plan based on the potential for leaching as determined Substantively similar to federal SMCRA, no additional requirements. ILLINOIS Disposal Beneficial Use State CCW Mine Placement Regulations and Policy 44 ** Revised DRAFT  do not cite or quote** August 2002 by waste mixture testing.

Performance Standards Must demonstrate adequate measures will be used to protect surface water and ground water from contamination at levels prohibited by the Illinois Environmental Protection Act and the Illinois G round water Pro tection Act. Must demonstrate that the use of the CCW will have no adverse impacts to the environment.

Enforceable Limits Substantively similar to federal SMCRA, plus: May not exceed storm water and ground water contamination levels established by the Illinois Environmental Protection Act and Ground water Protection Act. If exceeded, co rrective action requirements will app ly. Substantively similar to federal SMCRA, no additional requirements.

Corrective Action Operational Requirements/ Placement Engineering Substantively similar to federal SMCRA, plus: ° CCW must come from a company that has purchased coal from the mine. ° The amount of CCW disposed may not exceed 35% of annual coal sales. ° Adequate protection from wind and water erosion required, including: goal of no visible emissions, and minimize contact with surface water and direct precipitation. ° Liners may be required for disposal in certain groundwater classes. In situ fire clay can meet the liner requirement. Substantively similar to federal SMCRA, plus: ° CCW cannot be mixed with hazardous waste. ° Erosion control measures. ° Dust control measures. ° Maps of application areas. ° Speculative accumulation is not permitted. ° Notification, documentation of quality, and certification of compliance are required.

Closure/ Post Closure Care Ongoing Ground water Monitoring Substantively similar to fed eral SMCRA, plus: Additional monitoring may be required on a case by case basis by IOMM/ IEPA. Substantively similar to federal SMCRA, no additional requirements.

Performance Bonding or Financial Assurance Substantively similar to federal SMCRA, no additional requirements. Substantively similar to federal SMCRA, no additional requirements. ILLINOIS Disposal Beneficial Use State CCW Mine Placement Regulations and Policy 45 ** Revised DRAFT  do not cite or quote** August 2002 Other Closure/ Post closure Requirements Substantively similar to federal SMCRA, plus: For either disposal or beneficial use, final cover must be adequate to support continuous vegetation. Generally, this is four feet of final cover. State CCW Mine Placement Regulations and Policy 46 ** Revised DRAFT  do not cite or quote** August 2002 ILLINOIS: Noncoal Mines The placement of CCW in noncoal mines has yet to occur, but such an activity would be controlled under Illinois' mining program if considered a beneficial use and controlled under the solid waste program if considered disposal. Illinois statutorily defines CCW placement as beneficial use when used for mine subsidence, mine fire control, mine sealing, and mine reclamation. According to Ted Dragovich, Illinois Environmental Protection Agency ( ILEPA), any use of CCW on a noncoal mine site that is covered by a permit from the Mines & Minerals Office is considered a beneficial use and does not require a solid waste permit. However, if the use is not covered under a mining permit, the use is considered disposal and a solid waste permit is required. The solid waste requirements are detailed in Regulation of Landfills and Surface Impoundments Managing Coal Combustion Waste in 26 States. The mining requirements and beneficial use conditions are described below.

A surface mining permit is required only where: ° Overburden exceeds ten feet in depth, or ° Where the surface mining and overburden area will affect more than 10 acres during the period of 1 year which shall be measured from July 1 to June 30 of the following year.

A surface mining permit requires the following: ° Public notice and comment ° Reclamation < Reclamation planning < Reclamation must be completed within 11 months after June 30th of the fiscal year in which the mining occurred < Grading specifications ( percentage requirements depends on original contour and post mining land use) < All runoff water must be impounded, drained, or treated so as to reduce soil erosion, damage to unmined lands and the pollution of streams and other waters. < Acid forming materials present in the exposed face of the mined mineral seam( s) must be covered with not less than 4 feet of water or other materials. < Suitable vegetative cover < Compliance with criteria for each of three types of land reclamation: reforestation, pasture or crop, and recreational developments ° Financial assurance < The amount of the security ( i. e., surety bond, cash account, negotiable government securities, irrevocable letter of credit, or a CD) must be from $ 600 to $ 5,000 per acre with the exact amount determined by the State. State CCW Mine Placement Regulations and Policy 47 ** Revised DRAFT  do not cite or quote** August 2002 < The security remains in effect until the affected lands have been reclaimed, approved, and released by the State. The operator must complete and submit the " Notice of Completed Reclamation" form.

When CCW is beneficially used, as noted above, on a mine site the following conditions apply: ° The CCW must not be mixed with hazardous waste prior to use ° The CCW must not exceed Class I Ground water Standards for metals when tested using test method ASTM D3987 85. ° Users of CCW must provide notification to the State documenting the quality of CCW used and certification of compliance with the two conditions above. Notification is not required for projects using less than 100 tons of CCW. ° Users of CCW must use dust controls ° CCW is not to be accumulated speculatively References Illinois Statutes: 415 ILCS 5/ 3.94 ( 9); 415 ILCS 5/ 21( r)

Illinois Regulations: 62 Ill. Adm. Code 300.10  300.180 Larry Crislip, Mine Pollution Program, Bureau of Water, Illinois Environmental Protection Agency ( personal communication, 11/ 1/ 01)

Ted Dragovich, Manager of Disposal Alternatives Unit, Permits Section, Bureau of Land, Illinois Environmental Protection Agency ( personal communication, 11/ 6/ 01)

Chris Liebman, Manager of Solid Waste Unit, Permits Section, Bureau of Land, Illinois Environmental Protection Agency ( personal communication, 11/ 6/ 01) State CCW Mine Placement Regulations and Policy 48 ** Revised DRAFT  do not cite or quote** August 2002 INDIANA: Coal Mines The Indiana Department of Natural Resources, Reclamation Division ( DNR RD) has sole jurisdiction over the disposal and beneficial use of CCW on active mine sites and has developed policies addressing both. The disposal of CCW at mining facilities regulated by DNR RD ( under the IC 14 34 mining regulations) and the beneficial uses of CCW ( as defined by DNR RD policy) are exempt from the State's solid waste regulations. Under Indiana statutes, DNR RD's regulation of mine sites can be no more stringent than federal SMCRA regulations. However, this limitation does not apply to the oversight of mine placement of CCW. DNR RD has adopted policy that specifically details how its SMCRA program requirements apply to the mine placement of CCW but more stringent requirements also apply.

The DNR RD preliminarily adopted in November 1998 a proposed coal combustion waste disposal rule ( published in the Indiana Register on February 1, 1999). However, it was determined that due to lack of statewide ground water standards that would be part of the rule, it did not attain final adoption. The Indiana Department of Environmental Management ( DEM) recently adopted groundwater standards but implementation by DEM has yet to occur. The DNR RD is in the process of writing rules that will implement the DEM ground water standards and make them applicable to the coal combustion waste disposal program. Until such time, DNR RD's CCW disposal program will continue to fall under the authority of DNR's policy Memorandum 92 1. This policy addresses the following:

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

The DNR RD's beneficial use policy ( DNR Memorandum 99 2) allows for several beneficial uses of CCW at mine sites, including: mine subsidence, mine fire control, and mine sealing. These uses are not regulated by DNR ( under either the mining or solid waste programs), but written notification must be provided to DNR RD prior to the planned use. State CCW Mine Placement Regulations and Policy 49 ** Revised DRAFT  do not cite or quote** August 2002 References Indiana Statutes: IC 13 9 3 3; IC 14 34 Indiana Regulations: 310 IAC 12 DNR Memorandum 92 1: Disposal of Coal Combustion Waste on Surface Coal Mines. June 8, 1992.

DNR Memorandum 99 2: Beneficial Use of Coal Combustion Waste. July 12, 1999.

Bruce Stevens, Director, Reclamation Division, Indiana Department of Natural Resources ( personal communication, 4/ 30/ 01)

Bruce Stevens, Director, Reclamation Division, Indiana Department of Natural Resources. Presentation at IMCC Intergovernmental Forum on Mine Placement of Coal Combustion Wastes. May 15 16, 2001. St. Louis, Missouri.

Paul Ehret, Reclamation Division, Indiana Department of Natural Resources ( written comments to EPA, 1/ 3/ 02) State CCW Mine Placement Regulations and Policy 50 ** Revised DRAFT  do not cite or quote** August 2002 INDIANA Disposal Beneficial Use Regulatory Agency Oversight ° Indiana Department of Natural Resources, Reclamation Division ( DNR RD)

Allowed Uses ° Disposal in active surface mines. ° Mine subsidence. ° Mine fire co ntrol. ° Mine sealing. ° Road base ° Anti skid material Before Placement Distinction Between Beneficial Use and Disposal Any activity that is not listed in DNR's beneficial use policy ( Memorandum 99 2) is considered dispo sal.

Site Characterization Substantively similar to federal SMCRA, plus: A minimum of six months of baseline monitoring for surface and ground water ( within 1,000 feet of the permit area) is required. Substantively similar to federal SMCRA, no additional requirements.

Siting Restrictions Substantively similar to federal SMCRA, plus: ° The evaluation of a proposal to dispose CCW on surface mines considers the proximity of public and private water supplies or other critica l off site features. ° No disposal is permitted below the 100 year flood elevation. Substantively similar to federal SMCRA, no additional requirements.

Reclamation Plan Substantively similar to federal SMCRA, plus: ° A description of how minimization of adverse impacts upon the prevailing hydrologic balance will be accomplished. ° A description of approximate original contour, postmining land use, and revegetation. ° A description of the type of disposal operation ( i. e., backfill, monofill). ° Explain types of CCW to be disposed ( e. g., fly ash, bottom ash, etc.). Substantively similar to federal SMCRA, plus: The notification must: ° describe the use so that DNR RD can determine if it is a legitimate beneficial use in accordance with state law. ° describe or provide a map of the area in which CCW is to be utilized. ° identify the estimated proposed volume of CCW to be utilized. ° provide an estimated timetable for the proposed usage. INDIANA Disposal Beneficial Use State CCW Mine Placement Regulations and Policy 51 ** Revised DRAFT  do not cite or quote** August 2002 ° Provide total volume of CCW to be disposed.

Waste Characterization Bulk analysis, short and long term leaching tests that meet ASTM standards, includes 26 different constituents and parameters. Not required ( as per federal SMCRA).

Waste Characteristic Limits Leach test concentrations must not be greater than onequarter the RCRA limit. None specified ( as per federal SMCRA).

Address Acid Base Balance/ Acid Mine Drainage While acid mine drainage is not problematic at permanent program sites, there are requirem ents for acid base accounting results to be reported for each waste stream proposed for disposal and for each stratum down to, and including, the stratum beneath the lowest coal seam to be mined. Substantively similar to federal SMCRA, no additional requirements.

State Approval Required to Proceed Disposal of CCW requires a significant permit revision, with full public notice and appeal procedures. Also, notification is provided to each landowner within the proposed permit area and within 3 00 feet outside the permit area. Written notification is required, but no permit revision. The notifications are reviewed and if they are determined to be a legitimate b eneficial use, a written acknowledgement is provided to the permittee within fifteen ( 15) days of receipt of the notification.

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

During Placement Ongoing Waste Characterization Quarterly monitoring is required. Sampling frequency may later be reduced. Not required ( as per federal SMCRA).

Ground water Monitoring Substantively similar to federal SMCRA, plus: ° Testing must be conducted for 33 parameters. ° Ground water must be monitored at both upgradient and downgradient locations with at least one monitoring well in the expected path of leachate migration. ° Results of the monitoring plan must be submitted in accordance with an approved schedule. Substantively similar to federal SMCRA, no additional requirements. INDIANA Disposal Beneficial Use State CCW Mine Placement Regulations and Policy 52 ** Revised DRAFT  do not cite or quote** August 2002 Also, surface water monitoring is required to take place both upstream and downstream of the operation during and after placement of CCW and continues until total bond release. The monitoring is in addition to NPDES requirements.

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

Enforceable Limits The Indiana Department of Environmental Management has recently adopted a ground water standards rule. T his rule is not yet in effect. The DNR RD is currently drafting rules to implement these standards. DNR RD's rulemaking will make the ground water standards applicable to operations disposing of coal combustion waste. 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: ° Limited to CCW generated in Indiana or from coal mined in Indiana. ° Can not exceed 10 feet of thickness unless approved as a monofill. ° Can require a liner, but do not allow disposal in areas that would require a liner. DNR RD maintains that in situ fire clays almost universally meet liner equivalency requirements. ° CCW volume restrictions can be incorporated on a sitespecific basis. ( Proposed requirements would implement a volume restriction of 50% of coal removed.) Operational plan must include: ° Description of proposed compaction. ° Description of the methods to reduce infiltration or contact with water ( e. g., liners, cap s, co disposal with coal processing waste, etc.). Liners, in most circumstances, are not required. Substantively similar to federal SMCRA, no additional requirements. INDIANA Disposal Beneficial Use State CCW Mine Placement Regulations and Policy 53 ** Revised DRAFT  do not cite or quote** August 2002 ° Detailed maps, plans, and cross sections. ° A dust control plan.

Closure/ Post Closure Care Ongoing Ground water Monitoring Substantively similar to federal SMCRA, plus: Monitoring for the additional parameters continues through bond release. 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: Minimum final soil cover of five feet of non toxic earthen material. Substantively similar to federal SMCRA, no additional requirements. State CCW Mine Placement Regulations and Policy 54 ** Revised DRAFT  do not cite or quote** August 2002 INDIANA: Noncoal Mines The Indiana Department of Environmental Management ( IDEM) is the sole permitting authority for the placement of CCW on noncoal mine sites. CCW placement that constitutes disposal is regulated as a restricted waste landfill. Under Indiana's restricted waste regulations, there are four classifications of landfills. Based on the available characterization data, most coal combustion wastes would be amenable to management in Type III or IV landfills. Type IV landfills do not require a permit and the standards applicable to such landfills are limited to location standards and fugitive dust controls. Type III landfills do require a permit. The applicable solid waste regulations, found at 329 IAC 10, are summarized in Regulation of Landfills and Surface Impoundments Managing Coal Combustion Waste in 26 States.

The solid waste statutory language, under IC 13 19 3 3( 2), also allows for the beneficial use of CCW for mine subsidence, mine fire control, and mine sealing. Such uses do not require a solid waste permit but written notification must be provided to IDEM prior to the planned use.

References Indiana Statute: IC 13 19 3 3( 2)

Indiana Regulations: 329 IAC 10 Bruce Palin, Assistant Commissioner, Indiana Department of Environmental Management ( personal communication, 10/ 21/ 01)

Bruce Stevens, Director, Reclamation Division, Indiana Department of Natural Resources ( personal communication, 10/ 15/ 01) State CCW Mine Placement Regulations and Policy 55 ** Revised DRAFT  do not cite or quote** August 2002 IOWA: Noncoal Mines The Iowa Department of Natural Resources, Land Quality and Waste Management Assistance Division ( DNR) is the sole permitting authority for the disposal of coal combustion waste in noncoal mines. If the mine is in operation, the Iowa Department of Agriculture and Land Stewardship, Division of Soil Conservation ( IDALS) would be responsible for the operational part of the mine ( i. e., registering, bonding, erosion controls, final grading and vegetation) but DNR would be responsible for the CCW disposal. According to IDALS, they would want to confer with DNR regarding the CCW disposal but would not move to issue any type of joint permit.

For disposal, DNR requires a solid waste permit as detailed in Regulation of Landfills and Surface Impoundments Managing Coal Combustion Waste in 26 States. If CCW is used for fill as part of mine reclamation, however, it would be considered beneficial reuse of solid waste and a solid waste permit would not be required. In such a case, the generator of the waste must have a solid waste reuse plan ( with oversight by IDALS).

References Kenneth Tow, Acting Director, Division of Soil Conservation, Iowa Department of Agriculture and Land Stewardship ( personal communication, 10/ 15/ 01)

Lavoy Haage, Solid Waste Permitting Team Leader, Land Quality and Waste Management Assistance Division, Iowa Department of Natural Resources ( personal communication, 10/ 17/ 01) State CCW Mine Placement Regulations and Policy 56 ** Revised DRAFT  do not cite or quote** August 2002 KANSAS: Coal Mines In Kansas, there is currently placement of CCW in one limestone mine but no active coal mines. If CCW mine placement were to occur in an active coal mine, it would be subject to applicable State mining regulations, which are substantively similar to the Federal SMCRA regulations. According to Murray Balk of the Bureau of Environmental Remediation, Surface Mining Section, internal policy would apply additional requirements to mine placement projects in the following areas:

° Site characterization, ° Reclamation plan, ° Operational requirements/ placement engineering, and ° Financial assurance.

In addition, since CCW is defined as industrial solid waste, a solid waste disposal permit would be required for mine placement activity. Kansas' 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 Kansas Statutes: KSA 65 3402( x); KSA 49 et seq.

Kansas Regulations: KAR 47 1 to 47 16 Murray Balk, Section Chief, Surface Mining Section, Bureau of Environmental Remediation, Kansas Department of Health and the Environment ( personal communication, 4/ 24/ 01)

Stacey Balman, Bureau of Waste Management, Kansas Department of Health and the Environment ( personal communication, 4/ 20/ 01) State CCW Mine Placement Regulations and Policy 57 ** Revised DRAFT  do not cite or quote** August 2002 KANSAS Regulatory Agency Oversight Kansas Department of Health and the Environment: ° Bureau of Environmental Remediation, Surface Mining Section ( SMC) ° Division of Environment, Bureau of Waste Management ( BWM)

Allowed Uses Mine placement.

Before Placement Distinction Between Beneficial Use and Disposal None specified.

Site Characterization Substantively similar to federal SMCRA, plus: Consideration would be made by the SMC as to the affect disposing of CCW would have on the hydrology and vegetation of the site.

Siting Restrictions Substantively similar to federal SMCRA, plus: Additional restrictions may be imposed by the solid waste dispo sal permit.

Reclamation Plan Substantively similar to federal SMCRA, plus: ° Consideration would be made by the SMC as to the affect disposing of CCW would have on the reclamation plan. ° SMC would also look at whether the additional material may cause excess spoil problems which may cause difficulty meeting the " approximate original contour" 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 Substantively similar to federal SMCRA, no additional requirements.

State Approval Required to Proceed Substantively similar to federal SMCRA, plus: Solid waste disposal permit required.

Public Participation Substantively similar to federal SMCRA, no additional requirements. KANSAS State CCW Mine Placement Regulations and Policy 58 ** 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: Additional monitoring might be required under the solid waste permit.

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

Enforceable Limits Substantively similar to federal SMCRA, no additional requirements   Note that there are no specific standards or mechanisms for corrective action embodied in Kansas' solid waste regulations. Corrective Action Operational Requirements/ Placement Engineering Substantively similar to federal SMCRA, plus: ° Consideration would be made by the SMC as to the affect disposing of CCW would have on the operation plan. ° Additional operational requirements might be imposed by the solid waste dispo sal permit.

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, plus: Additional financial assurance requirements might be imposed by the solid waste disposal permit.

Other Closure/ Post closure Requirements Substantively similar to federal SMCRA, plus: Additional closure/ post closure requirements might be imposed by the solid waste dispo sal permit. State CCW Mine Placement Regulations and Policy 59 ** Revised DRAFT  do not cite or quote** August 2002 KANSAS: Noncoal Mines The Kansas Department of Health and the Environment's Bureau of Waste Management ( KDHE) is the sole permitting authority for the placement of CCW in a noncoal mine. The Kansas State Conservation Commission is responsible for issuing mining permits and overseeing reclamation activity on noncoal mine sites but delegates responsibility for any disposal activity to KDHE. KDHE's solid waste permit requirements for CCW ( as industrial solid wastes) are summarized in Regulation of Landfills and Surface Impoundments Managing Coal Combustion Waste in 26 States. Currently, there is placement of CCW in one limestone mine.

Reference Dennis Baker, Land Reclamation Program Manager, State Conservation Commission ( personal communication, 10/ 25/ 01) State CCW Mine Placement Regulations and Policy 60 ** Revised DRAFT  do not cite or quote** August 2002 KENTUCKY: Coal Mines Currently, there are only two sites authorized for CCW mine placement in Kentucky. The Kentucky Department for Surface Mining, Reclamation and Enforcement ( DSMRE) addresses the disposal of CCW at surface mines with specific statutory provisions ( found at 28 KRS Chapter 350.270). The regulations require a modification of the mining permit and include the following:

° Site characterization, ° Siting restrictions, ° Reclamation plan, ° Waste characterization ( both pre placement and during placement), ° Waste characteristic limits, ° State approval process, ° Public participation, ° Ground water monitoring ( both during and after placement), ° Enforceable limits ( determined on a site by site basis), ° Operational requirements/ placement engineering, ° Financial assurance, and ° Closure requirements.

Kentucky's Department for Environmental Protection, Division of Waste Management ( DWM) classifies CCW as special waste, but allows for reuse and beneficial uses of CCW under a solid waste permit by rule ( found at 401 KAR 45: 060). One reuse option includes disposal at active surface coal mining operations if the operator has a mining permit issued under 28 KRS Chapter 350 that includes the disposal of special waste. In such a case, the solid waste permit by rule defers entirely to the mining permit. In addition, the beneficial use of CCW as mine stabilization and reclamation material may be authorized under the solid waste permit by rule provided that:

° The use of CCWs does not result in a nuisance condition, ° Erosion and sediment controls are undertaken, ° The use is at least 100 feet from a stream and 300 feet from potable wells, wetlands or flood plains, ° The generator characterizes the nonhazardous nature of the CCWs, and ° The generator submits an annual report identifying characteristics about the ash reused and where it is reused. State CCW Mine Placement Regulations and Policy 61 ** Revised DRAFT  do not cite or quote** August 2002 No beneficial uses of CCW at mine sites have occurred yet, but, according to Carole Ball ( DSMRE), it is anticipated that such uses will occur in the future in the areas of abandoned lands for reclamation, stabilization, and acid mine drainage control.

References Kentucky Statutes: 28 KRS 350.270; 28 KRS 350 Kentucky Regulations: 401 KAR 45: 010 and 45: 060 Carol Ball, Kentucky Department for Surface Mining, Reclamation and Enforcement ( personal communication, 4/ 18/ 01)

Karl Campbell, Kentucky Department for Surface Mining, Reclamation and Enforcement. 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 62 ** Revised DRAFT  do not cite or quote** August 2002 KENTUCKY Regulatory Agency Oversight Kentucky N atural Resources and Environmental Protection Cabinet: ° Department for Surface Mining, Reclamation and Enforcement ( DSMRE) ° Department for Environmental Protection, Division of Waste Management ( DEP DWM)

Allowed Uses Mine placement.

Before Placement Distinction Between Beneficial Use and Disposal DEP DWM permit by rule regulations classify use for mine stabilization and reclamation as beneficial use.

Site Characterization Substantively similar to federal SMCRA, plus: ° Application must include baseline data to characterize ground and surface water quality. ° Maps are required showing each disposal location.

Siting Restrictions Substantively similar to federal SMCRA, plus: ° May be placed only in the pit or extraction area from which coal has been removed by surface mining ( can go elsewhere if demonstrate no adverse impacts will occur). ° Select area that will minimize water contact with the CCW. ° Place CCW at least 4 feet above seasonal high water table that is proposed after mining. ° Do not place CCW within 4 feet of final high wall, exposed coal seam, or coal outcrop. ° For beneficial use under DEP DWM permit by rule, the use must be at least 100 feet from a stream and 300 feet from potable wells, wetlands or flood plains.

Reclamation Plan Substantively similar to federal SMCRA, plus: Application for disposal must include: ° Legal right to conduct activity. ° A public notice of the application. ° Annual volume of CCW. ° Description of proposed handling and disposal methods/ operational procedures. ° Description of measures to assure disposal won't threaten public health or disturb hydrologic balance.

Waste Characterization Results of representative sampling and lab analysis of each component of the CCW is required. The analysis must include testing for 19 metals ( specified in the statutory provisions), and the neutralization p otential and potential acidity. KENTUCKY State CCW Mine Placement Regulations and Policy 63 ** Revised DRAFT  do not cite or quote** August 2002 Waste Characteristic Limits ° Must be non hazardous as defined by KRS Chapter 224 and RCRA. ° Must demonstrate that the CCW does not co ntain any contaminant at a concentration that meets or exceeds limits pursuant to KRS Chapter 224 and RCRA. ° Additional limits determined on a site by site basis.

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

State Approval Required to Proceed Amendment or a major permit revision application is required to include disposal of CCW in the surface mining permit, if the activity wasn't included in the original permit application. T he activity is also covered under a solid waste permit byrule which defers entirely to the mining permit.

Public Participation Substantively similar to federal SMCRA, plus: Public notice of disposal of CCW in the mining permit area is required.

During Placement Ongoing Waste Characterization The generator must obtain and submit an annual laboratory analysis characterizing the CCW.

Ground water Monitoring Substantively similar to federal SMCRA, plus: Additional parameters determined by the DSMRE based on demonstrated characteristics of the CCW.

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

Enforceable Limits Substantively similar to federal SMCRA, plus: Enforceable limits determined by DSMRE 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: ° Cannot mix CCW with low volume waste or material with hazardous waste characteristics. ° CCW generated prior to a certain date may not be used, except on a case by case basis. ° Place CCW at least 4 feet above seasonal high water table that is proposed after mining. ° Do not place CCW within 4 feet of final high wall, exposed coal seam, or coal outcrop. ° Prevent CCW from becoming airborne. ° Keep records of the source and amount of CCW received. ° Maintain accurate maps showing each location where CCWs have been disposed of, and the volumes disposed of at each KENTUCKY State CCW Mine Placement Regulations and Policy 64 ** Revised DRAFT  do not cite or quote** August 2002 location. ° Any material that is not the CCW approved for disposal must be removed. ° Volume disposed can not exceed the in place volumes of the marketable coal seams. ° Can not result in greater amounts of excess spoil than if were not disposing CCW in mines. ° Thickness shall not exceed 40 feet at any p oint.

Closure/ Post Closure Care Ongoing Ground water Monitoring Substantively similar to federal SMCRA, plus: ° Monitoring for the add itional parameters is req uired until final bond release. ° The monitoring must be conducted quarterly, except monitoring for the extra parameters due to disposal of CCW must be conducted semi annually. ° Monitoring for extra parameters may be reduced if those parameters show no increases of regulated levels after 4 monitoring events.

Performance Bonding or Financial Assurance Substantively similar to federal SMCRA, plus: The performance bond required under the standard mining permit must cover disposal of CCW.

Other Closure/ Post closure Requirements Substantively similar to federal SMCRA, plus: After disposal, CCW must be covered with at least 4 feet of non acid forming spoil material. 3 The referenced report omits mention of the design criteria of a liner, leachate control system, and run off control system that may be required on a caseby case basis.

State CCW Mine Placement Regulations and Policy 65 ** Revised DRAFT  do not cite or quote** August 2002 KENTUCKY: Noncoal Mines Kentucky's Department for Environmental Protection, Division of Waste Management ( DWM) has sole jurisdiction over the disposal of CCW in noncoal mines. This activity would fall under the special waste landfill permitting program as detailed in Regulation of Landfills and Surface Impoundments Managing Coal Combustion Waste in 26 States3.

References Ron Gruzesky, Manager, Solid Waste Branch, Division of Waste Management, Kentucky Department of Environmental Protection ( personal communication, 10/ 16/ 01)

Carol Ball, Kentucky Department for Surface Mining, Reclamation and Enforcement ( personal communication, 10/ 16/ 01) State CCW Mine Placement Regulations and Policy 66 ** Revised DRAFT  do not cite or quote** August 2002 LOUISIANA: Coal Mines In Louisiana, mine placement of CCW is not currently being done   one coal burning power plant in the State disposes of its ash onsite. If CCW mine placement were to occur, it would be subject to applicable State mining regulations, which are substantively similar to Federal SMCRA regulations. Louisiana's solid waste program defines CCW as an industrial solid waste. According to the Office of Environmental Services' Permits Division, at present, the disposal of CCW is only allowed in permitted landfills and surface impoundments   not in mines.

References Louisiana Regulations: 43 LAC 15 Tony Duplechin, Chief, Surface Mining Section, Injection & Mining Division, Louisiana Department of Natural Resources ( personal communication, 4/ 30/ 01)

Tony Duplechin, Chief, Surface Mining Section, Injection & Mining Division, Louisiana Department of Natural Resources. Presentation at IMCC Intergovernmental Forum on Mine Placement of Coal Combustion Wastes. May 15 16, 2001. St. Louis, Missouri.

Thea Johnson, Louisiana Department of Environmental Quality, Office of Environmental Services, Permits Division ( personal communication, 5/ 11/ 01) 4 For aggregate mine reclamation: In locations where there may be a threat to water quality, an NPDES or State permit to protect ground water may be necessary.

State CCW Mine Placement Regulations and Policy 67 ** Revised DRAFT  do not cite or quote** August 2002 MARYLAND: Coal Mines CCWs are currently being used for reclamation activity at six coal mines and two non coal mines in Maryland. The Maryland Department of the Environment ( MDE), Bureau of Mines has sole jurisdiction over the use/ minefilling of CCW on mine sites. In such cases, the State's mining regulations, which are substantively similar to the federal SMCRA regulations, apply. In addition, the Bureau of Mines has issued policy guidelines for the use of CCW for mine reclamation. These guidelines require approval from the Bureau of Mines, but not a separate permit4, and address the following for coal mines and aggregate mines:

° Site characterization, ° Reclamation plan, ° Waste characterization ( pre placement), ° Waste characteristic limits, ° State approval process, and ° Closure requirements.

MDE's Solid Waste Program allows the beneficial use of " pozzolans," including for the reclamation of mines. According to MDE, most coal ash ( both fly ash and bottom ash) generated by pulverized coal plants operating in Maryland meets the definition of a pozzolan under Maryland law. Such ash is exempt from the requirement to obtain a solid waste disposal permit if the following beneficial use conditions are met:

° Sound engineering practices followed, ° Dust and wind erosion minimized, and ° All silt control regulations and permit requirements of the MDE met. State CCW Mine Placement Regulations and Policy 68 ** Revised DRAFT  do not cite or quote** August 2002 References Maryland Statutes: MD ANN. CODE 15 407 Maryland Regulations: COMAR <IP_ADDRESS>( C)( 7); COMAR 26.20.01 et seq.

MDE Bureau of Mines Memo: Ash Utilization/ Disposal Requests. March 10, 1997.

MDE Bureau of Mines Coal Ash Utilization/ Disposal Request ( form)

Mark Carney, Coal Mining Division, Bureau of Mines, Maryland Department of the Environment ( personal communication, 4/ 30/ 01 and 6/ 15/ 01)

Edward Dexter, Chief, Field Operations & Projects Division, Solid Waste Program, Maryland Department of the Environment ( personal communication, 5/ 4/ 01)

Connie Lyons, Mining Program, Maryland Department of the Environment. 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 69 ** Revised DRAFT  do not cite or quote** August 2002 MARYLAND Regulatory Agency Oversight Maryland Department of the Environment: ° Bureau of Mines, Coal M ining Division ( coal mines) ° Bureau of Mines, Minerals, Oil, and Gas D ivision ( aggregate mines) ° Solid Waste Program Allowed Uses ° Aggregate mine reclamation or coal mine reclamation.

Before Placement Distinction Between Beneficial Use and Disposal None specified.

Site Characterization Substantively similar to federal SMCRA, plus: Water quality analysis for the mine permit drainage control system is required for 20 parameters.

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

Reclamation Plan Substantively similar to federal SMCRA, plus: For coal mine reclamation, the following information is required: ° General information from the applicant's coal mine permit. ° A general disposal plan, including a map and narrative description of site handling, storage, and application procedures. Explanation of how dust will be controlled and how contamination of surface and ground water will be prevented.

For aggregate mine reclamation, requirements are established on a site by site basis.

Waste Characterization For coal mine reclamation: ° Identification of the type and source of CCW. ° Solids analysis for 14 parameters. ° Leachate analysis ( TCLP) for 11 parameters.

For aggregate mine reclamation, requirements are established on a site by site basis.

Waste Characteristic Limits For coal mine reclamation, CCWs must be nonhazardous, as demonstrated by TCLP analyses. For aggregate mine reclamation, limits are established on a site by site basis.

Address Acid Base Balance/ Acid Mine Drainage Substantively similar to federal SMCRA, no additional requirements. MARYLAND State CCW Mine Placement Regulations and Policy 70 ** Revised DRAFT  do not cite or quote** August 2002 State Approval Required to Proceed Must obtain approval from MDE through a minor amendment to the existing mining and reclamation permit.

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, no additional requirements.

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

Operational Requirements/ Placement Engineering Substantively similar to federal SMCRA, no additional requirements.

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 71 ** Revised DRAFT  do not cite or quote** August 2002 MARYLAND: Noncoal Mines As with coal mines, the Maryland Department of the Environment ( MDE), Bureau of Mines has sole jurisdiction over the use/ minefilling of CCW on noncoal ( aggregate) mine sites. CCWs are currently being used for reclamation activity at two aggregate mines. MDE regulates the activity through the aggregate mine's mining and reclamation permit, NPDES permit ( through the required pollution prevention plan), and CCW specific policy. MDE's policy guidelines for the use of CCW for aggregate mine reclamation are currently unwritten, internal guidelines but are similar to the 1997 Ash Utilization/ Disposal Requests policy guidelines applicable to coal mines ( detailed above in Maryland's summary profile for coal mines). Some policy considerations include:

° Location ( placement must occur at least 4 feet above the ground water table), ° Ground water monitoring, ° Reclamation plan, ° Waste characterization, ° Waste characteristic limits, and ° Closure requirements.

The mining and reclamation permit regulations for aggregate mines require the following:

Setback Requirements ° At least 25 feet from any property line, but a greater distance may be required if adjacent to any school, hospital, church, cemetery, river, stream, or similar area. ° At least 100 feet from scenic and wild rivers or any parcel of land designated as an area of critical State concern.

Reclamation Plan and Schedule ° Completion within two years of final mineral extraction ( extensions may be requested) ° Grading and sediment control plan ° Backfilling and grading < Compaction of the fill materials in conformance with good engineering practices, if the post mining land use includes roads, building sites, or other improvements < Proper final slope gradient ° Revegetate all affected areas State CCW Mine Placement Regulations and Policy 72 ** Revised DRAFT  do not cite or quote** August 2002 Financial Assurance ° Liability under the bond is for the duration of the mining permit and for a period of 5 years after the permit's expiration date. ° The bond may be released before the time specified above if the State determines that the reclamation has been completed in accordance with the permit, the approved mining and reclamation plan, and the topographic map. ° The State may make partial release of the bond in proportion to the amount of land reclaimed. The regulations specify the reclamation conditions that must be met for partial release.

In addition to the mining and reclamation permit and the CCW mine placement policy, MDE's Solid Waste Program has guidelines for the beneficial use of " pozzolans," including for the reclamation of mines. According to MDE, most coal ash ( both fly ash and bottom ash) generated by pulverized coal plants operating in Maryland meets the definition of a pozzolan under Maryland law. Such ash is exempt from the requirement to obtain a solid waste disposal permit if the following beneficial use conditions are met:

° Sound engineering practices followed, ° Dust and wind erosion minimized, and ° All silt control regulations and permit requirements of the MDE met.

References Maryland Statutes: MD ANN. CODE 15 407 Maryland Regulations: COMAR <IP_ADDRESS>( C)( 7); COMAR 26.21.01 et seq.

MDE Bureau of Mines Memo: Ash Utilization/ Disposal Requests. March 10, 1997.

MDE Bureau of Mines Coal Ash Utilization/ Disposal Request ( form)

Edward Dexter, Chief, Field Operations & Projects Division, Solid Waste Program, Maryland Department of the Environment ( personal communication, 5/ 4/ 01)

Ed Larrimore, Mining Program, Maryland Department of the Environment ( personal communication, 2/ 11/ 01) State CCW Mine Placement Regulations and Policy 73 ** Revised DRAFT  do not cite or quote** August 2002 Connie Lyons, Mining Program, Maryland Department of the Environment. 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 74 ** Revised DRAFT  do not cite or quote** August 2002 MASSACHUSETTS: Noncoal Mines In Massachusetts, CCW placement in noncoal mines is under the sole jurisdiction of the Massachusetts Department of Environmental Protection ( DEP). However, Massachusetts law at M. G. L. 111, Section 150A, exempts the beneficial use of CCW as fill from solid waste permitting and other regulatory requirements. All CCW placement in noncoal mines in Massachusetts to date has occurred under this provision. However, a bill is pending that will preclude the use of CCW as fill without getting a permit and will require a permit for all CCW disposal. According to Paul Emond, DEP, the bill will likely be passed but DEP will retain the authority to waive some requirements on a single waste landfill on a case by case basis.

References Massachusetts Statute: M. G. L. 111, Section 150A Paul Emond, Solid Waste Program, Massachusetts Department of Environmental Protection ( personal communication, 10/ 15/ 01) State CCW Mine Placement Regulations and Policy 75 ** Revised DRAFT  do not cite or quote** August 2002 MICHIGAN: Noncoal Mines There is currently CCW placement in one limestone mine in Michigan. The State's mineral mines regulatory programs do not contain provisions specifically addressing the placement of CCW. The Michigan Department of Environmental Quality, Waste Management Division, however, manages CCW under solid waste regulations that specifically address its use as the sole material in a depository designed to reclaim, develop, or otherwise enhance land. The regulations require reclamation plan approval rather than a solid waste disposal permit ( CCW is exempt as a solid waste if used and approved in accordance with the CCW specific regulations) and include the following:

Site characterization: ° Must include topographic maps, and documentation of landowner authorization. ° Must demonstrate that site conditions are sufficient to prevent the migration of ash constituents in a manner that will violate water quality performance standards. ° Non inert ash projects must include engineering plans and hydrogeological report demonstrating certain water quality performance standards.

Siting restrictions: ° No closer than 100 ft. to adjacent property lines, road rights of way, or lakes and perennial streams closer than 300 ft. to domiciles ( greater distances required in certain situations). ° Not within a floodplain or wetland ( some possible exceptions).

Reclamation plan: ° Must be approved by the DEQ. It will be approved if the rule requirements and any other applicable State law are followed and the activity is demonstrated to not create a nuisance. ° Describes how the proposed use will reclaim, develop, or enhance the land. ° Demonstrates that the ash is either inert, that the site conditions are sufficient to prevent the migration of constituents, or that the plan is otherwise protective of human health and the environment.

Waste characterization and waste characteristic limits: ° Must demonstrate ash is inert ( non inert ash may still be disposed but with additional requirements). Ash is considered inert if the generator notifies DEQ of the reuse, maintains characterization records for at least 3 years, and demonstrates that the concentration of hazardous substances in the CCW is below one of the following criteria: ( 1) the background concentration of the substance( s) in State CCW Mine Placement Regulations and Policy 76 ** Revised DRAFT  do not cite or quote** August 2002 question, ( 2) the method detection limit for the substance( s), and ( 3) the Type B criteria for soil ( which means the concentrations must be at levels as required to protect surface and ground water and against unacceptable risk through direct contact, and TCLP testing must demonstrate compliance with ground water criteria.) ° Additional limits established on a site by site basis.

Closure requirements: ° Closure plan required, including overall description of the methods, procedures, processes, and schedule that will be used; and description of final cover, including engineering plans and specifications. ° Restrictive covenant. ° Restrictions on post closure use.

References Michigan Regulations: Solid Waste Management, General Provisions, R 299.4113 4119, 4305, 4446, and 5711.

Joan Peck, Michigan Department of Environmental Quality, Waste Management Division ( personal communication, 6/ 11/ 01) State CCW Mine Placement Regulations and Policy 77 ** Revised DRAFT  do not cite or quote** August 2002 MINNESOTA: Noncoal Mines In Minnesota, CCW placement on noncoal mines has yet to occur. If it were to occur, the Minnesota Pollution Control Agency ( MPCA) would be the lead permitting authority and a solid waste disposal permit would be required. The solid waste regulations for disposal of municipal solid waste combustor ash would be applied to the CCW activity. The applicable regulations are outlined below. According to Jim Chiles ( MPCA), however, the State's noncoal mines would most likely not ever be used for disposal.

A solid waste permit for CCW mine placement would require:

° Public notice and comment Location ° Not in a floodplain ° Not within a shoreland or wild and scenic river land use district ° Not within a wetland ° Not within a location where emissions of air pollutants would violate the ambient air quality standards ° Must be in an area where the topography, geology, and ground water conditions allow the facility to be designed, operated, constructed, ad maintained in a manner that minimizes environmental impacts ° Must be in an area where it is feasible to construct a monitoring system and where pollutants can be contained and corrective actions.

Design. Must include: ° A liner system. Liner standards depend on waste analysis leach results. ° A leachate collection and treatment system ° A water monitoring system. Required for ground water, on a case by case basis for surface water.

Waste Characterization ° Must sample at least quarterly for a set of parameters and annually for a second set of parameters ° The samples must be analyzed for total composition, leaching potential, and physical characteristics ( includes EPA Methods 1311 and 1312 leach tests) ° Must comply with specified maximum leachable contaminant levels State CCW Mine Placement Regulations and Policy 78 ** Revised DRAFT  do not cite or quote** August 2002 Facility Operation ° Intermittent cover ( at least once every 48 hours) ° Fugitive dust controls ° Ash must be spread and compacted in layers which are one foot or less in depth before compaction. ° Leachate must be sampled and analyzed. ° Ground water must be sampled and analyzed. ° Surface water is to be sampled and analyzed on a case by case basis. ° If necessary, corrective actions must be taken to prevent adverse impacts on water supplies and to return the facility to compliance with ground water and surface water quality standards.

Closure ° Closure of each fill phase must be started within 30 days of reaching final permitted waste elevations. ° Final cover consisting of a barrier layer, a drainage layer, and a top revegetated layer. ° Submit a closure certification. The certification must contain: a completed and signed Site Closure Record and as built plans showing changes from the original design plans; testing results indicating compliance with final cover, waste removal, equipment decontamination, and other closure requirements; and other forms of documentation such as pictures showing the construction techniques used during closure Post closure ° Post closure care must continue for at least 20 years after the date of completing closure. ° Maintain the integrity of the final cover. Prevent run on and run off from damaging the cover. ° Continue to operate the leachate collection and removal system ° Continue to monitor Financial Assurance ° Required for closure and post closure care and any corrective action. ° Can use trust fund, surety bond, letter of credit, or self insurance References State CCW Mine Placement Regulations and Policy 79 ** Revised DRAFT  do not cite or quote** August 2002 Minnesota Regulations: Chapter 3035, sections 0300, 2555, 2625, 2635, 2645, 2655, 2695, 2815, 2885, and 2910 Jim Chiles, Solid Waste Division, Minnesota Pollution Control Agency ( personal communication, 10/ 23/ 01)

Arlo Knoll, Mineland Reclamation, Lands and Minerals Division, Minnesota Department of Natural Resources ( personal communication, 10/ 22/ 01) State CCW Mine Placement Regulations and Policy 80 ** Revised DRAFT  do not cite or quote** August 2002 MISSOURI: Coal Mines The Missouri Department of Natural Resources ( DNR) Land Reclamation Program ( LRP) regulates placement of CCW in coal and noncoal mines only when the Solid Waste Management Program ( SWMP) grants a beneficial use/ reclamation exemption ( see below). In such a case, the State mining regulations, which are substantively similar to the Federal SMCRA regulations, apply and a major revision of the coal mining and reclamation permit would be required ( there are separate applicable noncoal regulations). In amending the permit to account for CCW placement, the LRP addresses the following:

° Reclamation plan, ° State approval process, ° Ground water monitoring ( both during and after placement), and ° Closure requirements.

Under DNR's Solid Waste Management Program, a beneficial use/ reclamation exemption from having to obtain a solid waste permit may be granted for certain uses of CCW. A beneficial use exemption would be granted only after consultations with other interested programs within DNR, including LRP. For CCW mine uses with a beneficial use exemption, the solid waste regulations impose requirements in the following areas:

° Site characterization, ° Reclamation plan, ° Waste characterization ( both pre placement and during placement), ° State approval process, and ° Operational requirements/ placement engineering In addition to the beneficial use exemption described here, there is also a provision exempting from solid waste permitting requirements fly ash produced by coal combustion in certain counties " if such ash is constructively reused or disposed of by a grout technique in any active or inactive noncoal, non open pit mining operation located in a city having a population of at least three hundred fifty thousand located in more than one county and is also located in a county of the first class without a charter form of government with a population of greater than one hundred fifty thousand and less than one hundred sixty thousand, provided said ash is not considered hazardous waste under the Missouri hazardous waste law." ( RSMo 16 260.242). State CCW Mine Placement Regulations and Policy 81 ** Revised DRAFT  do not cite or quote** August 2002 If a beneficial use exemption is not granted, a solid waste disposal permit would be required for mine placement activity. Missouri'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 Missouri Statutes: RSMo 16 260.242; RSMo Chapters 444.800  444.970 Missouri Regulations: 10 CSR 80 2.020( 9); 10 CSR 40 et seq.

US EPA OSMRE COALEX Report 245 Brian Hicks, Land Reclamation Program, Missouri Department of Natural Resources ( personal communication, 4/ 27/ 01 and 7/ 2/ 01, and written comments to EPA, 2/ 14/ 02)

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 82 ** Revised DRAFT  do not cite or quote** August 2002 MISSOURI Regulatory Agency Oversight Missouri Department of Natural Resources ( DNR): ° Land Reclamation Program ( LRP) ° Solid Waste Management Program ( SWMP)

Allowed Uses Beneficial uses as authorized by the SWM P as part of mine reclamation.

Before Placement Distinction Between Beneficial Use and Disposal The use 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.