MINE PLACEMENT OF COAL COMBUSTION WASTE STATE PROGRAM ELEMENTS ANALYSIS Revised DRAFT   do not cite or quote August 2002 DISCLAIMER: This document is a working draft prepared by the U. S. Environmental Protection Agency ( EPA).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 The information in this document is not for citation or attribution. Page 1 Revised DRAFT   do not cite or quote August 2002 Mine Placement of Coal Combustion Waste State Program Elements Analysis This document summarizes elements of State regulatory programs applicable to the placement of coal combustion waste ( CCW) in surface or underground mines. This document does not comment on the adequacy of individual State programs; it summarizes the program elements of the State programs. This analysis is in the form of tables that identify the program elements pertaining to mine placement oversight in each State for coal mines and noncoal mines ( e. g., sand, gravel, limestone, clay).

The information presented in this document is summarized from the detailed analysis conducted in Regulation and Policy Concerning Mine Placement of Coal Combustion Waste in Selected States ( DRAFT, August 2002). The States covered in that document include:

° The States with the largest number of coal mines, which includes all of the members and associate members of the Interstate Mining Compact Commission ( IMCC), except North Carolina, South Carolina, and New Mexico, and ° The States with the greatest estimated likelihood of CCW placement into noncoal mines.

In total, this document covers all but two of the States covered in the detailed analysis. Louisiana and Utah are not included in this document because there is currently no placement of CCW in coal mines in these States and EPA has not yet identified the applicable regulatory requirements. The Navajo Nation also is not included because it lacks regulatory jurisdiction over mine placement within its boundaries.

The applicable programs in many States operate under the authority of the Federal Surface Mining Control and Reclamation Act of 1977 ( SMCRA). SMCRA requires that State regulations for coal mines be at least as stringent as Federal regulations promulgated by the U. S. Department of Interior Office of Surface Mine Reclamation and Enforcement ( OSM). As a result, the tables presented herein use the following conventions to describe program elements:

° For program elements that are included in the Federal SMCRA regulations, the tables show:   " S" for States whose program is substantively similar to that required under SMCRA.   " S+" for States whose program is more stringent or have requirements in addition to those required under SMCRA.

° For program elements that are not covered by Federal SMCRA regulations, the tables show:   An " X" for States whose program includes the program element.   A blank for States whose program does not include the program element.   " CBC" for States that apply the program element on a case by case basis.   A question mark for States where the presence of the program element could not be determined by EPA. Page 2 Revised DRAFT   do not cite or quote August 2002 1 In six of these States, the need to address CCW placement in the SMCRA permit depends on whether a project is classified as disposal or beneficial use by the State.

2 In six of these States, the determination of the revision as major depends on whether a project is classified as disposal or beneficial use by the State.

3 In one of these States, the determination of the revision as minor depends on whether a project is classified as beneficial use ( as opposed to disposal) by the State.

4 Two of these States determine the type of SMCRA revision on a case by case basis depending on whether a project is classified as disposal or beneficial use by the State. The following sections provide a synopsis of the program elements specified in each column of the tables. The program elements for coal mines are presented in Tables 1 through 5 while those for noncoal mines are presented in Tables 6 through 10. The regulatory programs applicable to placement of CCW often differ greatly for coal mines versus noncoal mines because noncoal mines are not regulated under SMCRA. Note that some States have additional program elements that are not covered by the columns in the tables.

Table 1: Administrative Program Elements for COAL Mines Address CCW in SMCRA Permit SMCRA requires a permit covering all coal mining and reclamation operations. Fifteen of the 23 States profiled for coal mine placement require that this SMCRA permit specifically address CCW placement ( e. g., through identification of the CCW placement areas in the permit application). 1 Two States do not address the CCW placement in the SMCRA permit.

Action Item: EPA could not identify whether six of the States explicitly address CCW placement in SMCRA permits.

Type of Revision to SMCRA Permit When CCW placement is proposed following the issuance of a SMCRA permit, eight of the 23 States treat the proposal as a major permit revision. 2 Two States treat this as a minor permit revision. 3 Three States determine the type of revision on a case by case basis. 4 Action Item: EPA could not identify the type of permit revision for eight of the States.

Additional Permit, Notification, or Approval Page 3 Revised DRAFT   do not cite or quote August 2002 5 In six of these States, the need for additional approval depends on whether a project is classified as disposal or beneficial use by the State.

6 One of these States determines the need for additional approval on a case by case basis depending on whether a project is classified as beneficial use ( as opposed to disposal) by the State.

7 In six of these States, the need for public participation depends on whether a project is classified as disposal or beneficial use by the State.

8 In two of these States, the case by case determination of the need for public participation depends on whether the project is classified as beneficial use ( as opposed to disposal) by the State.

9 In three of these States, the public availability of data depends on whether a project is classified as disposal or beneficial use by the State. Fourteen of the 23 States require some form of regulatory agency approval ( e. g., a State solid waste permit) prior to CCW placement in addition to ( i. e., outside of) the SMCRA permit. 5 Two more States determine the need for additional approval on a case by case basis ( e. g., depending on the characteristics of the CCW). 6 Public Participation in Permitting SMCRA requires public participation ( public notice, comment, and access to the permit application and final decision) for an application for a permit, a major ( but not minor) revision of a permit, or a renewal of a permit. Thus, SMCRA public participation requirements would be applicable to CCW placement projects in States where ( 1) the SMCRA permit addresses CCW placement, and ( 2) proposals to place CCW are treated as major permit revisions. Some States have additional public participation provisions ( e. g., as part of their solid waste permitting program). In total, 12 of the 23 States incorporate public participation in permitting. 7 Five more of the 23 States determine the need for public participation on a case by case basis. 8 Action Item: EPA could not identify whether there is public participation for permitting in the other seven States.

Public Availability of Monitoring/ Inspection Data This program element covers whether members of the public have access to ongoing monitoring results and inspection reports. While EPA has not yet completed identification of this program element for all 23 States, it has found that seven of the 23 States do provide public access to items such as ongoing monitoring results and inspection reports. 9 Action Item: EPA has not yet completed identification of this program element in the other 16 States.

Public Participation in Compliance Page 4 Revised DRAFT   do not cite or quote August 2002 10 In three of these States, the opportunity for public participation depends on whether a project is classified as disposal or beneficial use by the State.

11 In eight of these States, the need to address CCW placement in the reclamation plan depends on whether a project is classified as disposal or beneficial use by the State.

12 In eight of these States, the need to address CCW placement in the site characterization/ PHC determination depends on whether a project is classified as disposal or beneficial use by the State. This program element covers whether members of the public have the opportunity to participate in compliance assessment or the implementation of compliance activities for projects subject to compliance action. While EPA has not yet completed identification of this program element for all 23 States, it has found that seven of the 23 States do provide opportunity for public participation in compliance. 10 Action Item: EPA has not yet completed identification of this program element in the other 16 States.

Table 2: Planning and Enforcement Program Elements for COAL Mines Address CCW in Reclamation Plan SMCRA requires a reclamation plan that provides for the protection of the environment and public safety. Fifteen of the 23 States require that the reclamation plan specifically address CCW placement ( e. g., through inclusion of a CCW placement plan). 11 Action Item: EPA could not identify whether seven of the States specifically address CCW placement in the reclamation plan.

Address CCW in Site Characterization/ PHC Determination SMCRA requires that the reclamation plan include characterization of the mine site ( e. g., geologic and hydrologic information). SMCRA also requires a hydrologic reclamation plan specific to local conditions and a probable hydrologic consequences ( PHC) determination. Twelve of the 23 States require that these site characterization and planning activities specifically address CCW placement ( e. g., through background monitoring surrounding the placement area). 12 Action Item: EPA could not determine whether the other 11 States specifically address CCW placement in these activities.

Siting Restrictions Page 5 Revised DRAFT   do not cite or quote August 2002 13 In nine o f these States, the need to have more stringent siting requirement depends on whether a project is classified as disposal or beneficial use by the State.

14 In five of these States, the need to address acid mine drainage depends on whether a project is classified as disposal or beneficial use by the State.

15 In five of these States, the application of enforceable limits and/ or corrective action requirements depends on whether a project is classified as disposal or beneficial use by the State. SMCRA places restrictions on where surface coal mining operations, in general, may be conducted ( e. g., not within 300 feet of occupied dwellings, parks, or public buildings). Fourteen of the 23 States have additional, more stringent location standards specifically for CCW placement. 13 Address Acid Mine Drainage/ Acid Base Balance Six of the 23 States have special requirements applicable to CCW placement when acid mine drainage is present or when the placement is designed to remediate acid mine drainage. 14 Examples of such requirements include characterization of the neutralization potential of the CCW or complete acid base accounting for the CCW and the placement environment.

Formal Risk Assessment Focused on CCW This means that a formal risk assessment is required as part of the planning process for CCW placement. While EPA has not yet completed identification of this program element for all 23 States, it has found that one of the 23 States has a risk assessment element in place and another State determines the need to do a risk assessment on a case by case basis for disposal projects ( as opposed to beneficial use).

Action Item: EPA has not yet completed identification of this program element for 16 of the States.

Enforceable Limits/ Corrective Action Requirements SMCRA requires compliance with all applicable Federal and State water quality requirements and with all permit conditions. In the event of noncompliance with a permit condition, permittees must take all possible steps to minimize adverse impacts, including, but not limited to: accelerated or additional monitoring and implementation of compliance measures. Nine of the 23 States have enforceable limits ( e. g., numerical standards) specific to CCW placement projects and/ or more specific corrective action requirements ( e. g., identifying when corrective action is required and/ or what measures should be taken) applicable to CCW placement projects. 15 Page 6 Revised DRAFT   do not cite or quote August 2002 16 In eight of these States, the requirement for pre placement waste characterization depends on whether a project is classified as disposal or beneficial use by the State.

17 In eight of these States, the requirement for ongoing waste characterization depends on whether a project is classified as disposal or beneficial use by the State.

18 In nine o f these States, the applicability of the waste characteristic limits depends on whether a project is classified as disposal or beneficial use by the State.

19 In nine of these States, the need for additional or more specific monitoring depends on whether a project is classified as disposal or beneficial use by the State.

20 In one of these States, the possible determination of a need for additional or more specific monitoring depends on whether a project is classified as beneficial use ( as opposed to disposal) by the State.

21 In five of these States, the need for additional or more specific post closure monitoring depends on whether a project is classified as disposal or beneficial use by the State.

22 In three of these States, the possible determination of a need for additional or more specific post closure monitoring depends on whether a project is classified as disposal or beneficial use by the State. Table 3: Waste Characterization and Monitoring Program Elements for COAL Mines Waste Characterization Seventeen of the 23 States require chemical analysis ( e. g., through leachate testing) of CCW prior to the start of placement. 16 Ten of these States also require ongoing characterization during placement ( e. g., quarterly, annually, or when the source of the CCW changes). 17 Thirteen States have specific numerical standards that CCW must meet before being considered acceptable for placement. 18 Action Item: EPA could not determine the applicability of this program element for one State.

Groundwater Monitoring SMCRA requires groundwater monitoring to be designed on a site specific basis based on the PHC determination. At a minimum, SMCRA requires monitoring for four parameters, with submission of data every three months, that continues until bond release. Eleven of the 23 States have additional or more stringent requirements ( e. g., more minimum parameters, specific monitoring of the CCW placement area) for monitoring during CCW placement. 19 Five more States determine the need for additional monitoring for CCW placement projects during placement on a case by case basis. 20 Six of the 11 States extend their more stringent monitoring requirements to the post closure period. 21 Six more States determine the need for additional post closure monitoring on a case by case basis. 22 Action Item: EPA could not determine the applicability of this program element for one State. Page 7 Revised DRAFT   do not cite or quote August 2002 23 In two of the States with surface water monitoring requirements that are more stringent than SMCRA, the applicability of the requirements depends on whether a project is classified as disposal or beneficial use by the State.

24 In seven of these States, the applicability of the groundwater table restrictions depends on whether a project is classified as disposal or beneficial use by the State.

25 In five of these States, the need for compaction or other waste conditioning depends on whether a project is classified as disposal or beneficial use by the State.

26 Two of these States may require compaction only for projects that are classified as beneficial use ( as opposed to disposal). Surface Water Monitoring This program element covers whether States require more stringent or additional surface water monitoring than that required by SMCRA. While EPA has not yet completed identification of this program element, it has found that two States have requirements no more stringent than SMCRA for monitoring during placement and post closure, two States have more stringent requirements than SMCRA, and one State addresses surface water monitoring on a case by case basis for beneficial use projects ( as opposed to disposal). 23 Action Item: EPA has not yet completed identification of this program element for the other 18 States.

Table 4: Design and Operational Program Elements for COAL Mines Groundwater Table Restrictions Ten of the 23 States require that CCW be placed a certain minimum distance ( e. g., eight feet, four feet) above the water table, while one State requires it only on a case by case basis. 24 Action Item: EPA could not determine the applicability of this program element for one State.

Compaction or Other Waste Conditioning Six of the 23 States have requirements regarding compaction of CCW during placement. 25 Four of these States require compaction; the other two require that applicants describe procedures for compaction in the operating plan. In addition, three States require compaction on a case by case basis. 26 Interim Cover Two of the 23 States require periodic ( e. g., daily) cover over the CCW during placement ( for disposal projects only, as opposed to beneficial use), while one requires it on a case by case basis ( for beneficial use projects only). Page 8 Revised DRAFT   do not cite or quote August 2002 27 In nine of these States, the need for fugitive dust controls depends on whether a project is classified as disposal or beneficial use by the State.

28 In five of these States, the need for specific erosion control requirements depends on whether the project is classified as disposal or beneficial use by the State.

29 In six of these States, the need for sp ecific final co ver requirements depends on whether the pro ject is classified as disposal or beneficial use by the State. Action Item: EPA could not determine the applicability of this program element for one State.

Fugitive Dust Controls SMCRA requires an air pollution control plan for mine sites. Eleven of the 23 States have explicit requirements for fugitive dust control specifically for CCW placement. 27 Erosion/ Surface Runoff Controls SMCRA requires that disturbed areas be backfilled and graded to minimize erosion and water pollution. Eight of the 23 States have explicit requirements for erosion or runoff controls specifically for CCW placement areas. 28 Table 5: Closure and Post Closure Program Elements for COAL Mines Final Cover SMCRA requires a minimum of 2 feet of soil cover for final disposal of noncoal mine waste. Eight of the 23 States specifically require final cover over CCW placement areas. 29 Revegetation SMCRA requires revegetation over areas used for final disposal of noncoal mine waste. One State has specific standards for revegetation of CCW placement areas for projects classified as disposal ( as opposed to beneficial use) by the State.

Financial Assurance/ Bonding SMCRA requires a performance bond that covers the entire permit area, with release contingent on successful completion of the reclamation plan, including revegetation. Four of the 23 States have more specific or stringent financial assurance requirements ( e. g., specific financial assurance for the CCW placement project, a liability period that extends beyond the SMCRA Page 9 Revised DRAFT   do not cite or quote August 2002 30 Three of these States have specific financial assurance requirements only for projects that are defined as disposal ( as opposed to beneficial use) b y the State.

31 In two o f these States, the requirement to obtain a mining permit depends on whether a pro ject is classified as beneficial use ( as opposed to dispo sal) by the State.

32 In two of these States, the requirement to ob tain a solid waste permit depends on whether a project is classified as disposal or beneficial use by the State.

33 In five of these States, the requirement to obtain a solid waste permit depends on whether a project is classified as disposal ( as opposed to beneficial use) by the State.

34 In one of these States, the potential requirement to obtain a solid waste permit depends on whether a project is classified as disposal ( as opposed to beneficial use) by the State. liability period). 30 Four more States determine the need for more stringent financial assurance requirements on a case by case basis.

Post closure Site Utilization Restrictions This program element covers whether States place restrictions on the post closure use of CCW placement areas. While EPA has not yet completed identification of this program element, it has found that one State does place site utilization restrictions for disposal projects ( as opposed to beneficial use) and another State places such restrictions on a case by case basis for beneficial use projects.

Action Item: EPA has not yet completed identification of this program element for 18 of the States.

Table 6: Administrative Program Elements for NONCOAL Mines Mining Permit Specifically Addressing CCW A SMCRA permit is not required for noncoal mining, however, a majority of States do require some type of permit coverage for noncoal mining and reclamation operations. Fourteen of the 26 States profiled for noncoal mine placement require that the State mining permit specifically address CCW placement ( e. g., through identification of the CCW placement areas in the permit application). 31 Solid Waste Disposal Permit In seven of the 26 States, a solid waste disposal permit is required in addition to a State mining permit. 32 An additional 11 of the 26 States require a solid waste permit but no mining permit. 33 Three of the 26 States require a solid waste disposal permit on a case by case basis. 34 Other Notification or Approval Page 10 Revised DRAFT   do not cite or quote August 2002 35 In four of these States, the requirement to provide additional notification or approval depends on whether a project is classified as beneficial use ( as opposed to disposal) by the State.

36 In five of these States, public participation requirements depend on whether a project is classified as disposal or beneficial use by the State. In another one of these States it depends on whether it is an active ( as opposed to abandoned) mine.

37 In one of these States, the potential for public participation in the permitting process depends on whether the project is defined as disposal ( as opposed to beneficial use) and in another State it depends on whether CCW placement will occur in an abandoned ( as opposed to active) mine. Eight of the 26 States require some form of regulatory agency notification or approval prior to CCW placement. 35 Two of these States require it in addition to ( i. e., outside of) the State mining permit, one State requires it in addition to the State solid waste permit, and another State requires it in addition to both the State mining permit and solid waste permit. One State determines the need for additional approval on a case by case basis ( e. g., depending on the characteristics of the CCW).

Public Participation in Permitting Similar to SMCRA permits, State mining and solid waste permits often require public participation ( public notice, comment, and access to the permit application and final decision) for an application for a permit, a major ( but not minor) revision of a permit, or a renewal of a permit. In total, 21 of the 26 States incorporate public participation in permitting. 36 An additional two States determine the need for public participation on a case by case basis. 37 Public Availability of Monitoring/ Inspection Data This program element covers whether members of the public have access to ongoing monitoring results and inspection reports. While EPA has not completed identification of this program element, it has found that three States do make such information available.

Action Item: EPA has not yet completed identification of this program element for the other 23 States.

Public Participation in Compliance This program element covers whether members of the public have the opportunity to participate in compliance assessment or the implementation of compliance activities for projects subject to compliance action. While EPA has not completed identification of this program element, it has found that three States do provide opportunity for public participation.

Action Item: EPA has not yet completed identification of this program element for the other 23 States. Page 11 Revised DRAFT   do not cite or quote August 2002 38 In two of these States, the need to address CCW placement in the reclamation plan depends on whether a project is classified as b eneficial use ( as opposed to dispo sal) by the State.

39 In two of these States, the need to address CCW placement in the site characterization depends on whether a pro ject is classified as beneficial use ( as opp osed to disposal) by the State. In another one of these States, it depends on whether it is an abandoned ( as opposed to active) mine.

40 In one of these States, the potential application of site characterization requirements depends on whether the project is classified as disposal ( as opposed to beneficial use), while in another State it depends on whether placement will occur in an active ( as opposed to abandoned) mine. Table 7: Planning and Enforcement Program Elements for NONCOAL Mines Reclamation Plan Specifically Addressing CCW Fourteen of the 26 States require that the reclamation plan ( where required) specifically address CCW placement ( e. g., through inclusion of a CCW placement plan). 38 Action Item: EPA could not determine whether one of the States specifically addresses CCW placement in the reclamation plan.

Site Characterization Specifically Addressing CCW Eight of the 26 States require that site characterization and planning activities ( e. g., geologic and hydrologic information) specifically address CCW placement ( e. g., through background monitoring surrounding the placement area). 39 In addition, two States require site characterization on a case by case basis. 40 Action Item: EPA could not determine whether five of the States specifically address CCW placement in these activities. Page 12 Revised DRAFT   do not cite or quote August 2002 41 In seven of these States, the need to adhere to siting restrictions depends on whether a project is classified as disposal ( as opposed to beneficial use) by the State. In another one of these States, it depends on whether it is an abandoned ( as opposed to active) mine.

42 In one of these States, the potential application of siting restrictions depends on whether it is an active ( as opposed to abandoned) mine.

43 In five of these States, the enforceable limits/ corrective action requirements apply only to projects that are defined as disposal ( as opposed to beneficial use) by the S tate.

44 In four of these States, the applicability of pre placement waste characterization depends on whether a project is classified as disposal or beneficial use by the State. In another one of these States, it ap plies only to abandoned ( as opposed to active) mines, and in another State it applies only to active ( as opposed to abandoned) mines Siting Restrictions Twenty one of the 26 States place restrictions on where surface mining operations, in general, may be conducted ( e. g., not within 300 feet of occupied dwellings, parks, or public buildings). 41 In addition, four States place restrictions on a case by case basis. 42 Enforceable Limits/ Corrective Action Requirements Seventeen of the 26 States have enforceable limits ( e. g., numerical standards) specific to CCW placement projects and/ or more specific corrective action requirements ( e. g., identifying when corrective action is required and/ or what measures should be taken) applicable to CCW placement projects in noncoal mines. 43 In three States, enforceable limits and corrective action requirements are applied on a case by case basis ( one is only in the case of active mines).

Formal Risk Assessment Focused on CCW This means that a formal risk assessment is required as part of the planning process for CCW placement. EPA has not yet completed identification of this program element, but it has found that one State does perform a risk assessment when CCW placement is to occur in an abandoned mine.

Action Item: EPA has not yet completed identification of this program element for 21 of the States.

Table 8: Waste Characterization and Monitoring Program Elements for NONCOAL Mines Waste Characterization Fourteen of the 26 States require chemical analysis ( e. g., through leachate testing) of CCW prior to the start of placement. 44 Six of these States also require ongoing characterization during Page 13 Revised DRAFT   do not cite or quote August 2002 45 In two o f these States, the applicability of the ongoing waste characterization is required only for pro jects classified as disposal ( as opposed to beneficial use) by the S tate. In another one of these States, it app lies only to abandoned ( as opposed to active) mines.

46 In five of these States, the applicability of the waste characteristic limits depends on whether a project is classified as disposal or beneficial use by the State.

47 In three of these States, the need for ground water monitoring depends on whether a project is classified as disposal ( as opposed to beneficial use) by the State. In another one of these States, it applies only when placement is to occur in an abandoned ( as opposed to active) mine.

48 Two of these States, the potential applicability of ground water monitoring requirements depends on whether the project is classified as disposal ( as opposed to beneficial use) by the State. In ano ther one of these States, the requirements may apply only when placement is to occur in an active ( as opposed to abandoned) mine. placement ( e. g., quarterly, annually, or when the source of the CCW changes). 45 Two States require prior chemical analysis only on a case by case basis, with one of them also determining ongoing characterization on a case by case basis. Twelve States have specific numerical standards that CCW must meet before being considered acceptable for placement. 46 One State applies waste characteristic limits on a case by case basis ( when placement is to occur in an active mine).

Groundwater Monitoring Fourteen of the 26 States have requirements for ground water monitoring during CCW placement and all extend the requirements to the post closure period. 47 Eight more States determine the need for monitoring for CCW placement projects during placement on a case by case basis and all determine the need for post closure monitoring on a case by case basis, as well. 48 Surface Water Monitoring Five of the 26 States have requirements for surface water monitoring during CCW placement and four out of the five extend the requirements to the post closure period. An additional four of the 26 States determine surface water monitoring requirements on a case by case for the placement and post closure periods.

Action Item: EPA has not yet determined this program element for nine States. Page 14 Revised DRAFT   do not cite or quote August 2002 49 In two of these States, the applicability of the water table restrictions depends on whether a project is classified as disposal or beneficial use by the State. Another one of these States applies restrictions o nly to abandoned ( as opposed to active) mines and another State applies restrictions only to opencut mines.

50 In one of these States, the potential applicability of groundwater table restrictions depends on whether the project will be occurring in an active ( as opposed to abandoned) mine.

51 Three of these States req uires compaction only for projects that are defined as disposal ( as opposed to beneficial use) by the S tate.

52 Two of these States requires interim cover only for projects that are defined as dispo sal ( as opposed to beneficial use) by the S tate.

53 Two of these States potentially require interim cover only for projects that are defined as disposal ( as opposed to beneficial use) by the S tate. Table 9: Design and Operational Program Elements for NONCOAL Mines Groundwater Table Restrictions Eight of the 26 States require that CCW be placed a certain minimum distance ( e. g., eight feet, four feet) above the water table. 49 An additional two States determine the need for groundwater table restrictions on a case by case basis. 50 Action Item: EPA has not yet determined this program element for three States.

Compaction or Other Waste Conditioning Twelve of the 26 States have requirements regarding compaction of CCW during placement. 51 An additional two States determine the need for compaction on a case by case basis.

Action Item: EPA has not yet determined this program element for two States.

Interim Cover Nine of the 26 States require periodic ( e. g., daily) cover over the CCW during placement. 52 An additional five States determine the need for periodic cover on a case by case basis. 53 Action Item: EPA has not yet determined this program element for one State.

Fugitive Dust Controls Page 15 Revised DRAFT   do not cite or quote August 2002 54 In five of these States, the fugitive dust control requirements depend on whether a project is classified as disposal ( as opposed to beneficial use) b y the State. In another one of these States, the requirements apply only when the CCW placement will occur in a hard rock mine, while in another State the requirements apply only when CCW placement will occur in an abandoned mine.

55 One of these States potentially applies the fugitive dust co ntrol requirements only to active ( as opposed to abandoned) mines.

56 Three of these States have specific erosion control requirements only for projects that are defined as disposal ( as opposed to beneficial use) b y the State, while another one of these States applies the requirements only to CCW placement in abandoned mines.

57 One of these States may require specific erosion control requirements only for projects that are defined as disposal ( as opposed to beneficial use) b y the State, while another one of these States may apply the requirements only to CCW placement in active mines.

58 Five of these States have specific final cover requirements only for projects that are defined as disposal ( as opposed to beneficial use) b y the State. Another one of these States applies final cover requirements only to CCW placement in abandoned ( as opposed to active) mines.

59 One of these States potentially requires specific final cover requirements only for projects that are defined as disposal ( as opposed to beneficial use) by the State. Another one of these States potentially applies final cover requirements only to CCW placement in active ( as opposed to abandoned) mines. Sixteen of the 26 States have explicit requirements for fugitive dust control specifically for CCW placement. 54 An additional two States determine the need for fugitive dust controls on a case bycase basis. 55 Action Item: EPA has not yet determined this program element for two States.

Erosion/ Surface Runoff Controls Eighteen of the 26 States have explicit requirements for storm water erosion or runoff controls specifically for CCW placement areas. 56 An additional four States determine erosion and runoff controls on a case by case basis. 57 Table 10: Closure and Post Closure Program Elements for NONCOAL Mines Final Cover Nineteen of the 26 States specifically require some type of final cover over CCW placement areas. 58 An additional five States determine the need to apply final cover requirements on a case by case basis. 59 Action Item: EPA has not yet determined whether this element is applicable in one of the States.

Revegetation Page 16 Revised DRAFT   do not cite or quote August 2002 60 In six of these States, the applicability of the revegetation requirements depends on whether a pro ject is classified as disposal or beneficial use by the State.

61 Two of these States potentially require revegetation requirements only for projects that are defined as disposal ( as opposed to beneficial use) by the State. Another one of these States potentially applies final cover requirements only to CCW placement in active ( as opposed to abandoned) mines.

62 Two of these States have financial assurance requirements only for projects that are defined as disposal ( as opposed to beneficial use) by the State. Another one of these States requires financial assurance only for CCW placement in abandoned ( as opposed to active) mines.

63 One of these States potentially requires financial assurance only for projects that are defined as disposal ( as opposed to beneficial use) b y the State. Another one of these States potentially requires financial assurance only for CCW placement in active ( as opposed to abandoned) mines. Twenty of the 26 States have specific standards for revegetation of CCW placement areas. 60 An additional four States determine the applicability of revegetation requirements on a case by case basis. 61 Action Item: EPA has not yet determined whether this element is applicable in one of the States.

Financial Assurance/ Bonding Seventeen of the 26 States have financial assurance requirements ( e. g., specific financial assurance for the CCW placement project, a liability period that extends beyond completion of reclamation) for CCW placement in noncoal mines. 62 Five more States determine the need for financial assurance requirements on a case by case basis. 63 Post closure Site Utilization Restrictions This program element covers whether States place restrictions on the post closure use of CCW placement areas. Although EPA has not yet completed identification of this program element, it has found that one State has in place such restrictions and another State applies such restrictions on a case by case basis to CCW placement in active ( as opposed to abandoned) mines.

Action Item: EPA has not yet completed identification of this program element for 22 States. Page 17 Revised DRAFT   do not cite or quote August 2002 Page 18 Revised DRAFT   do not cite or quote August 2002 Notes for States Column: [ 1] Coal mine placement is not currently occurring in this State, information presented is based on the program elements that would likely apply were placement to occur. [ 2] Coal mine placement in the category not shown here ( e. g., disposal if beneficial use is shown) is not currently occurring in this State, so applicable program elements have yet to be realized. [ 3] Coal mine placement is not allowed unless a beneficial use is demonstrated. [ 4] Mining program administered by Federal OSM; additional program elements may apply under State solid waste program. [ 5] Proposed regulations are pending, information presented is based on the program elements that currently apply D Program elements specific to projects defined as disposal by the State BU Program elements specific to projects defined as beneficial use by the State AB Program elements specific to projects in abandoned coal mines Key to Table Entries: Blank No program element in place X Program element in place S State's program element substantively similar to that required under SMCRA S+ State's program element is more stringent/ in addition to that required under SMCRA CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA Shaded EPA has not yet completed research on program elements in shaded columns Table 1. Administrative Program Elements: COAL Mines State Permitting Public Availability of Monitoring/ Inspection Data Public Participation in Compliance Address CCW in SMCRA Permit Type of Revision to SMCRA Permit Additional Permit, Notification or Approval Public Participation in Permitting AL X Major X ? ?

AK ? ? X ? ? ?

AR [ 1] ? ? X ? ? ?

AZ [ 4] ? ? CBC ? ? ?

CO X ? X X X X IL D X Major X X X X BU X CBC CBC X X IN D X Major X X X X BU None X X X KS [ 1] ? ? X ? ? ?

KY  D [ 2] X CBC CBC ? ?

MD X Minor CBC ? ?

MO  BU [ 2] X Major X X ? ?

MT X CBC CBC ? ?

NM ? ? ? ? ?

ND D None X X X X BU None X X X OH  BU [ 2] X Major X X X X OK  AB  D [ 2][ 5] None X X X X PA  BU [ 3] X Major X X X X TN [ 1][ 4] X ? X ? ? ? Page 19 Revised DRAFT   do not cite or quote August 2002 State Permitting Public Availability of Monitoring/ Inspection Data Public Participation in Compliance Address CCW in SMCRA Permit Type of Revision to SMCRA Permit Additional Permit, Notification or Approval Public Participation in Permitting Notes for States Column: [ 1] Coal mine placement is not currently occurring in this State, information presented is based on the program elements that would likely apply were placement to occur. [ 2] Coal mine placement in the category not shown here ( e. g., disposal if beneficial use is shown) is not currently occurring in this State, so applicable program elements have yet to be realized. [ 3] Coal mine placement is not allowed unless a beneficial use is demonstrated. [ 4] Mining program administered by Federal OSM; additional program elements may apply under State solid waste program. [ 5] Proposed regulations are pending, information presented is based on the program elements that currently apply D Program elements specific to projects defined as disposal by the State BU Program elements specific to projects defined as beneficial use by the State AB Program elements specific to projects in abandoned coal mines Key to Table Entries: Blank No program element in place X Program element in place S State's program element substantively similar to that required under SMCRA S+ State's program element is more stringent/ in addition to that required under SMCRA CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA Shaded EPA has not yet completed research on program elements in shaded columns TX D None X X ? ?

BU X ? ? ? ?

VA  BU [ 1][ 2] X Major CBC X ? ?

WA [ 4] ? ? X ? ? ?

WV  BU [ 2] X Minor CBC ? ?

WY X Major X ? ? Page 20 Revised DRAFT   do not cite or quote August 2002 Notes for States Column: [ 1] Coal mine placement is not currently occurring in this State, information presented is based on the program elements that would likely apply were placement to occur. [ 2] Coal mine placement in the category not shown here ( e. g., disposal if beneficial use is shown) is not currently occurring in this State, so applicable program elements have yet to be realized. [ 3] Coal mine placement is not allowed unless a beneficial use is demonstrated. [ 4] Mining program administered by Federal OSM; additional program elements may apply under State solid waste program. [ 5] Proposed regulations are pending, information presented is based on the program elements that currently apply D Program elements specific to projects defined as disposal by the State BU Program elements specific to projects defined as beneficial use by the State AB Program elements specific to projects in abandoned coal mines Key to Table Entries: Blank No program element in place X Program element in place S State's program element substantively similar to that required under SMCRA S+ State's program element is more stringent/ in addition to that required under SMCRA CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA Shaded EPA has not yet completed research on program elements in shaded columns Table 2. Planning and Enforcement Program Elements: COAL Mines State Address CCW in Reclamation/ Operational Plan Address CCW in Site Characterization/ PHC Determination Siting Restrictions Address Acid Mine Drainage/ Acid Base Balance Formal Risk Assessment Focused on CCW Enforceable Limits/ Corrective Action Requirements AL ? ? S ? S AK ? ? S+ ? S AR [ 1] ? ? S ? S AZ [ 4] ? ? S ? S+

CO X X S+ X X S+

IL D X X S+ X CBC S+

BU X S S IN D X X S+ X S+

BU X S S KS [ 1] X X S+ ? S KY  D [ 2] X X S+ ? S+

MD X ? S ? S MO  BU [ 2] X X S+ ? S MT X ? S ? S NM X X S ? S ND D X S+ S+

BU X S S+

OH  BU [ 2] X X S+ X S OK  AB  D [ 2][ 5] X X S S PA  BU [ 3] X X S+ X S+

TN [ 1][ 4] ? ? S+ ? S Page 21 Revised DRAFT   do not cite or quote August 2002 State Address CCW in Reclamation/ Operational Plan Address CCW in Site Characterization/ PHC Determination Siting Restrictions Address Acid Mine Drainage/ Acid Base Balance Formal Risk Assessment Focused on CCW Enforceable Limits/ Corrective Action Requirements Notes for States Column: [ 1] Coal mine placement is not currently occurring in this State, information presented is based on the program elements that would likely apply were placement to occur. [ 2] Coal mine placement in the category not shown here ( e. g., disposal if beneficial use is shown) is not currently occurring in this State, so applicable program elements have yet to be realized. [ 3] Coal mine placement is not allowed unless a beneficial use is demonstrated. [ 4] Mining program administered by Federal OSM; additional program elements may apply under State solid waste program. [ 5] Proposed regulations are pending, information presented is based on the program elements that currently apply D Program elements specific to projects defined as disposal by the State BU Program elements specific to projects defined as beneficial use by the State AB Program elements specific to projects in abandoned coal mines Key to Table Entries: Blank No program element in place X Program element in place S State's program element substantively similar to that required under SMCRA S+ State's program element is more stringent/ in addition to that required under SMCRA CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA Shaded EPA has not yet completed research on program elements in shaded columns TX D ? S+ ? S+

BU X ? S ? S VA  BU [ 1][ 2] X X S+ ? S WA [ 4] ? ? S+ ? S WV  BU [ 2] X ? S X ? S WY ? ? S ? S Page 22 Revised DRAFT   do not cite or quote August 2002 Notes for States Column: [ 1] Coal mine placement is not currently occurring in this State, information presented is based on the program elements that would likely apply were placement to occur. [ 2] Coal mine placement in the category not shown here ( e. g., disposal if beneficial use is shown) is not currently occurring in this State, so applicable program elements have yet to be realized. [ 3] Coal mine placement is not allowed unless a beneficial use is demonstrated. [ 4] Mining program administered by Federal OSM; additional program elements may apply under State solid waste program. [ 5] Proposed regulations are pending, information presented is based on the program elements that currently apply D Program elements specific to projects defined as disposal by the State BU Program elements specific to projects defined as beneficial use by the State AB Program elements specific to projects in abandoned coal mines Key to Table Entries: Blank No program element in place X Program element in place S State's program element substantively similar to that required under SMCRA S+ State's program element is more stringent/ in addition to that required under SMCRA CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA Shaded EPA has not yet completed research on program elements in shaded columns Table 3. Waste Characterization and Monitoring Program Elements: COAL Mines State Waste Characterization Groundwater Monitoring Surface Water Monitoring Prior to Placement During Placement Characteristic Limits During Placement Post Closure During Placement Post Closure AL S S ? ?

AK S+ S+ ? ?

AR [ 1] X X X CBC S ? ?

AZ [ 4] X CBC CBC ? ?

CO X X S S S S IL D X X S+ CBC S S BU X CBC X S S S S IN D X X X S+ S S+ S+

BU S S S S KS [ 1] CBC S ? ?

KY  D [ 2] X X X S+ S+ ? ?

MD X X S S ? ?

MO  BU [ 2] X X X S+ CBC ? ?

MT X X CBC CBC ? ?

NM X S+ CBC ? ?

ND D X S+ S+ ? ?

BU X X CBC CBC ? ?

OH  BU [ 2] X X X S+ S+ S+ S+

OK  AB  D [ 2][ 5] ? ? ? ? ? ?

PA  BU [ 3] X X X S+ S+ CBC CBC TN [ 1][ 4] X CBC CBC ? ?

TX D X X S+ S+ ? ?

BU S S ? ? Page 23 Revised DRAFT   do not cite or quote August 2002 State Waste Characterization Groundwater Monitoring Surface Water Monitoring Prior to Placement During Placement Characteristic Limits During Placement Post Closure During Placement Post Closure Notes for States Column: [ 1] Coal mine placement is not currently occurring in this State, information presented is based on the program elements that would likely apply were placement to occur. [ 2] Coal mine placement in the category not shown here ( e. g., disposal if beneficial use is shown) is not currently occurring in this State, so applicable program elements have yet to be realized. [ 3] Coal mine placement is not allowed unless a beneficial use is demonstrated. [ 4] Mining program administered by Federal OSM; additional program elements may apply under State solid waste program. [ 5] Proposed regulations are pending, information presented is based on the program elements that currently apply D Program elements specific to projects defined as disposal by the State BU Program elements specific to projects defined as beneficial use by the State AB Program elements specific to projects in abandoned coal mines Key to Table Entries: Blank No program element in place X Program element in place S State's program element substantively similar to that required under SMCRA S+ State's program element is more stringent/ in addition to that required under SMCRA CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA Shaded EPA has not yet completed research on program elements in shaded columns VA  BU [ 1][ 2] X X S S ? ?

WA [ 4] S+ S ? ?

WV  BU [ 2] X X X S S ? ?

WY X S S ? ? Page 24 Revised DRAFT   do not cite or quote August 2002 Notes for States Column: [ 1] Coal mine placement is not currently occurring in this State, information presented is based on the program elements that would likely apply were placement to occur. [ 2] Coal mine placement in the category not shown here ( e. g., disposal if beneficial use is shown) is not currently occurring in this State, so applicable program elements have yet to be realized. [ 3] Coal mine placement is not allowed unless a beneficial use is demonstrated. [ 4] Mining program administered by Federal OSM; additional program elements may apply under State solid waste program. [ 5] Proposed regulations are pending, information presented is based on the program elements that currently apply D Program elements specific to projects defined as disposal by the State BU Program elements specific to projects defined as beneficial use by the State AB Program elements specific to projects in abandoned coal mines Key to Table Entries: Blank No program element in place X Program element in place S State's program element substantively similar to that required under SMCRA S+ State's program element is more stringent/ in addition to that required under SMCRA CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA Shaded EPA has not yet completed research on program elements in shaded columns Table 4. Design and Operational Program Elements: COAL Mines State Groundwater Table Restrictions Compaction or Other Waste Conditioning Interim Cover Fugitive Dust Controls Erosion/ Surface Runoff Controls AL S S AK X S S AR [ 1] S S AZ [ 4] S S CO X CBC S S IL D S+ S+

BU S+ S+

IN D S+ S BU S S KS [ 1] S S KY  D [ 2] X S+ S MD S S MO  BU [ 2] X X S+ S+

MT S S+

NM S S+

ND D X X X S+ S+

BU S S OH  BU [ 2] X CBC S S OK  AB  D [ 2][ 5] ? ? S+ S+

PA  BU [ 3] X CBC CBC S+ S+

TN [ 1][ 4] X X S+ S TX D X X X S+

BU S S Page 25 Revised DRAFT   do not cite or quote August 2002 State Groundwater Table Restrictions Compaction or Other Waste Conditioning Interim Cover Fugitive Dust Controls Erosion/ Surface Runoff Controls Notes for States Column: [ 1] Coal mine placement is not currently occurring in this State, information presented is based on the program elements that would likely apply were placement to occur. [ 2] Coal mine placement in the category not shown here ( e. g., disposal if beneficial use is shown) is not currently occurring in this State, so applicable program elements have yet to be realized. [ 3] Coal mine placement is not allowed unless a beneficial use is demonstrated. [ 4] Mining program administered by Federal OSM; additional program elements may apply under State solid waste program. [ 5] Proposed regulations are pending, information presented is based on the program elements that currently apply D Program elements specific to projects defined as disposal by the State BU Program elements specific to projects defined as beneficial use by the State AB Program elements specific to projects in abandoned coal mines Key to Table Entries: Blank No program element in place X Program element in place S State's program element substantively similar to that required under SMCRA S+ State's program element is more stringent/ in addition to that required under SMCRA CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA Shaded EPA has not yet completed research on program elements in shaded columns VA  BU [ 1][ 2] X X S+ S+

WA [ 4] S S WV  BU [ 2] X S+ S WY CBC S S Page 26 Revised DRAFT   do not cite or quote August 2002 Notes for States Column: [ 1] Coal mine placement is not currently occurring in this State, information presented is based on the program elements that would likely apply were placement to occur. [ 2] Coal mine placement in the category not shown here ( e. g., disposal if beneficial use is shown) is not currently occurring in this State, so applicable program elements have yet to be realized. [ 3] Coal mine placement is not allowed unless a beneficial use is demonstrated. [ 4] Mining program administered by Federal OSM; additional program elements may apply under State solid waste program. [ 5] Proposed regulations are pending, information presented is based on the program elements that currently apply D Program elements specific to projects defined as disposal by the State BU Program elements specific to projects defined as beneficial use by the State AB Program elements specific to projects in abandoned coal mines Key to Table Entries: Blank No program element in place X Program element in place S State's program element substantively similar to that required under SMCRA S+ State's program element is more stringent/ in addition to that required under SMCRA CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA Shaded EPA has not yet completed research on program elements in shaded columns Table 5. Closure and Post Closure Program Elements: COAL Mines State Final Cover Revegetation Financial Assurance/ Bonding Post closure Site Utilization Restrictions AL S S S ?

AK S S S+ ?

AR [ 1] S S S ?

AZ [ 4] S S CBC ?

CO S S CBC ?

IL D S+ S S BU S+ S S IN D S+ S S BU S S S KS [ 1] S S CBC ?

KY  D [ 2] S+ S S+ ?

MD S S S ?

MO  BU [ 2] S S S ?

MT S S S ?

NM S+ S S ?

ND D S+ S+ S+ X BU S S S OH  BU [ 2] S S S OK  AB  D [ 2][ 5] S+ S S PA  BU [ 3] S+ S S CBC TN [ 1][ 4] S S CBC ?

TX D S+ S S+ ?

BU S S S ?

VA  BU [ 1][ 2] S S S ? Page 27 Revised DRAFT   do not cite or quote August 2002 State Final Cover Revegetation Financial Assurance/ Bonding Post closure Site Utilization Restrictions Notes for States Column: [ 1] Coal mine placement is not currently occurring in this State, information presented is based on the program elements that would likely apply were placement to occur. [ 2] Coal mine placement in the category not shown here ( e. g., disposal if beneficial use is shown) is not currently occurring in this State, so applicable program elements have yet to be realized. [ 3] Coal mine placement is not allowed unless a beneficial use is demonstrated. [ 4] Mining program administered by Federal OSM; additional program elements may apply under State solid waste program. [ 5] Proposed regulations are pending, information presented is based on the program elements that currently apply D Program elements specific to projects defined as disposal by the State BU Program elements specific to projects defined as beneficial use by the State AB Program elements specific to projects in abandoned coal mines Key to Table Entries: Blank No program element in place X Program element in place S State's program element substantively similar to that required under SMCRA S+ State's program element is more stringent/ in addition to that required under SMCRA CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA Shaded EPA has not yet completed research on program elements in shaded columns WA [ 4] S S S ?

WV  BU [ 2] S S S ?

WY S S S ? Page 28 Revised DRAFT   do not cite or quote August 2002 Notes for States Column: [ 1] Noncoal mine placement is not currently occurring in this State, information presented is based on the program elements that would likely apply were placement to occur [ 2] Proposed regulations are pending, information presented is based on the program elements that currently apply A Programs elements specific to projects in active noncoal mines AB Program elements specific to projects in abandoned noncoal mines BU Program elements specific to projects defined as beneficial use by the State D Program elements specific to projects defined as disposal by the State HR Hard Rock mining program O Opencut mining program Key to Table Entries: Blank No program element in place T Program element in place CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA Shaded EPA has not yet completed research on program elements in shaded columns Table 6. Administrative Program Elements: NONCOAL Mines State Permitting Public Availability of Monitoring/ Inspection Data Public Participation in Compliance Mining Permit Specifically Addressing CCW Solid Waste Disposal Permit Other Notification or Approval Public Participation in Permitting AL [ 1] X ? ?

AZ CBC CBC X ? ?

CO X X X ? ?

FL [ 1] X X ? ?

GA [ 1] X X X ? ?

IL [ 1] D X X ? ?

BU X X ? ?

IN D CBC X ? ?

BU X ? ?

IA D X ? ?

BU X ? ?

KS X X ? ?

KY X X ? ?

MD X X ? ?

MA [ 2] CBC ? ?

MI X ? ?

MN X X ? ?

MO D X CBC ? ?

BU X X X ? ?

MT O X X X ? ?

HR X X X ? ?

NE [ 1][ 2] X ? ?

NY X X X X X X ND [ 1] X X X X OH [ 1] D X X ? ?

BU X X ? ?

OK [ 2] X X X X PA A X ? ?

AB X X X ? ?

TN [ 1] X X X ? ? Page 29 Revised DRAFT   do not cite or quote August 2002 State Permitting Public Availability of Monitoring/ Inspection Data Public Participation in Compliance Mining Permit Specifically Addressing CCW Solid Waste Disposal Permit Other Notification or Approval Public Participation in Permitting Notes for States Column: [ 1] Noncoal mine placement is not currently occurring in this State, information presented is based on the program elements that would likely apply were placement to occur [ 2] Proposed regulations are pending, information presented is based on the program elements that currently apply A Programs elements specific to projects in active noncoal mines AB Program elements specific to projects in abandoned noncoal mines BU Program elements specific to projects defined as beneficial use by the State D Program elements specific to projects defined as disposal by the State HR Hard Rock mining program O Opencut mining program Key to Table Entries: Blank No program element in place T Program element in place CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA Shaded EPA has not yet completed research on program elements in shaded columns TX D X X ? ?

BU WV [ 1] X X X ? ?

WI A  D X X ? ?

A BU X X ? ?

AB D X ? ?

AB BU X CBC ? ? Page 30 Revised DRAFT   do not cite or quote August 2002 Notes for States Column: [ 1] Noncoal mine placement is not currently occurring in this State, information presented is based on the program elements that would likely apply were placement to occur [ 2] Proposed regulations are pending, information presented is based on the program elements that currently apply A Programs elements specific to projects in active noncoal mines AB Program elements specific to projects in abandoned noncoal mines BU Program elements specific to projects defined as beneficial use by the State D Program elements specific to projects defined as disposal by the State HR Hard Rock mining program O Opencut mining program Key to Table Entries: Blank No program element in place T Program element in place CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA Shaded EPA has not yet completed research on program elements in shaded columns Table 7. Planning and Enforcement Program Elements: NONCOAL Mines State Reclamation/ Operational Plan Specifically Addressing CCW Site Characterization Specifically Addressing CCW Siting Restrictions Enforceable Limits/ Corrective Action Requirements Formal Risk Assessment Focused on CCW AL [ 1] X ? X X ?

AZ CBC CBC ?

CO ? X X X ?

FL [ 1] X X ?

GA [ 1] X ? X X ?

IL [ 1] D X X ?

BU X X ?

IN D X ?

BU ?

IA D X X ?

BU ?

KS X ?

KY X X ?

MD X X X ?

MA [ 2]

MI X X X ?

MN X X ?

MO D X X ?

BU X X ?

MT O X X X ?

HR X X X ?

NE [ 1][ 2]

NY X CBC X ND [ 1] X X OH [ 1] D X CBC X X ?

BU X ?

OK [ 2] X X CBC CBC PA A CBC CBC CBC ?

AB X X X X Page 31 Revised DRAFT   do not cite or quote August 2002 State Reclamation/ Operational Plan Specifically Addressing CCW Site Characterization Specifically Addressing CCW Siting Restrictions Enforceable Limits/ Corrective Action Requirements Formal Risk Assessment Focused on CCW Notes for States Column: [ 1] Noncoal mine placement is not currently occurring in this State, information presented is based on the program elements that would likely apply were placement to occur [ 2] Proposed regulations are pending, information presented is based on the program elements that currently apply A Programs elements specific to projects in active noncoal mines AB Program elements specific to projects in abandoned noncoal mines BU Program elements specific to projects defined as beneficial use by the State D Program elements specific to projects defined as disposal by the State HR Hard Rock mining program O Opencut mining program Key to Table Entries: Blank No program element in place T Program element in place CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA Shaded EPA has not yet completed research on program elements in shaded columns TN [ 1] X ? X X ?

TX D ? X X ?

BU WV [ 1] X X X X ?

WI A  D X ? X X ?

A BU X ? X ?

AB D X X ?

AB BU X ? Page 32 Revised DRAFT   do not cite or quote August 2002 Notes for States Column: [ 1] Noncoal mine placement is not currently occurring in this State, information presented is based on the program elements that would likely apply were placement to occur [ 2] Proposed regulations are pending, information presented is based on the program elements that currently apply A Programs elements specific to projects in active noncoal mines AB Program elements specific to projects in abandoned noncoal mines BU Program elements specific to projects defined as beneficial use by the State D Program elements specific to projects defined as disposal by the State HR Hard Rock mining program O Opencut mining program Key to Table Entries: Blank No program element in place T Program element in place CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA Shaded EPA has not yet completed research on program elements in shaded columns Table 8. Waste Characterization and Monitoring Program Elements: NONCOAL Mines State Waste Characterization Groundwater Monitoring Surface Water Monitoring Prior to Placement During Placement Characteristic Limits During Placement Post closure During Placement Post closure AL [ 1] ? ? ? CBC CBC CBC CBC AZ CBC X CBC CBC ? ?

CO X X CBC CBC ? ?

FL [ 1] X X X X GA [ 1] ? ? ? X X X X IL [ 1] D X X CBC CBC ? ?

BU X X IN D X X X BU IA D X X BU KS CBC CBC CBC CBC KY X X X X MD X ? X X X ? ?

MA [ 2]

MI X X MN X X X X X CBC CBC MO D X X BU X X MT O X X HR X X NE [ 1][ 2] X X NY X X X CBC X CBC ND [ 1] X X X ? ?

OH [ 1] D X X X CBC CBC ? ?

BU OK [ 2] ? ? ? ? ? ?

PA A CBC CBC CBC CBC CBC CBC CBC AB X X X X X CBC CBC Page 33 Revised DRAFT   do not cite or quote August 2002 State Waste Characterization Groundwater Monitoring Surface Water Monitoring Prior to Placement During Placement Characteristic Limits During Placement Post closure During Placement Post closure Notes for States Column: [ 1] Noncoal mine placement is not currently occurring in this State, information presented is based on the program elements that would likely apply were placement to occur [ 2] Proposed regulations are pending, information presented is based on the program elements that currently apply A Programs elements specific to projects in active noncoal mines AB Program elements specific to projects in abandoned noncoal mines BU Program elements specific to projects defined as beneficial use by the State D Program elements specific to projects defined as disposal by the State HR Hard Rock mining program O Opencut mining program Key to Table Entries: Blank No program element in place T Program element in place CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA Shaded EPA has not yet completed research on program elements in shaded columns TN [ 1] X CBC CBC ? ?

TX D X X X X ? ?

BU WV [ 1] X X WI A  D X X X X X A BU X X X X X AB D X X AB BU Page 34 Revised DRAFT   do not cite or quote August 2002 Notes for States Column: [ 1] Noncoal mine placement is not currently occurring in this State, information presented is based on the program elements that would likely apply were placement to occur [ 2] Proposed regulations are pending, information presented is based on the program elements that currently apply A Programs elements specific to projects in active noncoal mines AB Program elements specific to projects in abandoned noncoal mines BU Program elements specific to projects defined as beneficial use by the State D Program elements specific to projects defined as disposal by the State HR Hard Rock mining program O Opencut mining program Key to Table Entries: Blank No program element in place T Program element in place CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA Shaded EPA has not yet completed research on program elements in shaded columns Table 9. Design and Operational Program Elements: NONCOAL Mines State Groundwater Table Restrictions Compaction or Other Waste Conditioning Interim Cover Fugitive Dust Controls Erosion/ Surface Runoff Controls AL [ 1] ? ? ? X AZ ? ? CBC CBC CBC CO X X X X FL [ 1] X X X X GA [ 1] X CBC ? X IL [ 1] D X CBC X X BU X X IN D CBC X CBC BU IA D X X BU KS X KY X MD X CBC X MA [ 2]

MI MN X X X X MO D X X X X BU X X X X MT O X X X X HR X X X X NE [ 1][ 2]

NY CBC X X CBC ND [ 1] X X X X X OH [ 1] D X X BU OK [ 2] ? ? X X PA A CBC CBC CBC CBC CBC AB X CBC CBC X X TN [ 1] X X X X Page 35 Revised DRAFT   do not cite or quote August 2002 State Groundwater Table Restrictions Compaction or Other Waste Conditioning Interim Cover Fugitive Dust Controls Erosion/ Surface Runoff Controls Notes for States Column: [ 1] Noncoal mine placement is not currently occurring in this State, information presented is based on the program elements that would likely apply were placement to occur [ 2] Proposed regulations are pending, information presented is based on the program elements that currently apply A Programs elements specific to projects in active noncoal mines AB Program elements specific to projects in abandoned noncoal mines BU Program elements specific to projects defined as beneficial use by the State D Program elements specific to projects defined as disposal by the State HR Hard Rock mining program O Opencut mining program Key to Table Entries: Blank No program element in place T Program element in place CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA Shaded EPA has not yet completed research on program elements in shaded columns TX D X X X X BU WV [ 1] X X X WI A  D X A BU AB D X X X AB BU Page 36 Revised DRAFT   do not cite or quote August 2002 Notes for States Column: [ 1] Noncoal mine placement is not currently occurring in this State, information presented is based on the program elements that would likely apply were placement to occur [ 2] Proposed regulations are pending, information presented is based on the program elements that currently apply A Programs elements specific to projects in active noncoal mines AB Program elements specific to projects in abandoned noncoal mines BU Program elements specific to projects defined as beneficial use by the State D Program elements specific to projects defined as disposal by the State HR Hard Rock mining program O Opencut mining program Key to Table Entries: Blank No program element in place T Program element in place CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA Shaded EPA has not yet completed research on program elements in shaded columns Table 10. Closure and Post Closure Program Elements: NONCOAL Mines State Final Cover Revegetation Financial Assurance/ Bonding Post closure Site Utilization Restrictions AL [ 1] ? X X ?

AZ CBC CBC CBC ?

CO X X CBC ?

FL [ 1] X X X ?

GA [ 1] X X X ?

IL [ 1] D X CBC X ?

BU X X ?

IN D CBC CBC CBC ?

BU ?

IA D X X ?

BU ?

KS CBC ? X ?

KY X X X ?

MD X X X ?

MA [ 2]

MI X ?

MN X X X ?

MO D X X X ?

BU X X X ?

MT O X X X ?

HR X X X ?

NE [ 1][ 2]

NY CBC X X X ND [ 1] X X X ?

OH [ 1] D X X ?

BU ?

OK [ 2] X X X PA A CBC CBC CBC CBC AB X X X ?

TN [ 1] X X CBC ? Page 37 Revised DRAFT   do not cite or quote August 2002 State Final Cover Revegetation Financial Assurance/ Bonding Post closure Site Utilization Restrictions Notes for States Column: [ 1] Noncoal mine placement is not currently occurring in this State, information presented is based on the program elements that would likely apply were placement to occur [ 2] Proposed regulations are pending, information presented is based on the program elements that currently apply A Programs elements specific to projects in active noncoal mines AB Program elements specific to projects in abandoned noncoal mines BU Program elements specific to projects defined as beneficial use by the State D Program elements specific to projects defined as disposal by the State HR Hard Rock mining program O Opencut mining program Key to Table Entries: Blank No program element in place T Program element in place CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA Shaded EPA has not yet completed research on program elements in shaded columns TX D X X X ?

BU WV [ 1] X X X ?

WI A  D X X ?

A BU ?

AB D X X X ?

AB BU ?


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 MEMORANDUM

DATE:09/18/2014 FROM: 		Laura Farris/EPA Region 8 TO:CLEAN Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602 SUBJECT:	Rocky Mountain Association of Energy Engineers Meeting held on 09/18/2014

SUMMARY:         EPA R8 participated in a lunch meeting with the Rocky Mountain Association of Energy Engineers on 09/18/2014 to discuss the Clean Power Plan for Existing Power Plants, which was proposed on June 2, 2014.

ATTENDEES:

EPA Region 8 Laura Farris

External Stakeholders Thom Johnson, President, Rocky Mountain Association of Energy Engineers, with Eaton Corp. Steve Kutska, Secretary/Treasurer, Rocky Mountain Association of Energy Engineers, with Xcel Energy Greg Bradshaw, Board Member, Rocky Mountain Association of Energy Engineers, with Bradshaw Building Solutions Russ Chitwood, Board Member, Rocky Mountain Association of Energy Engineers, with Nexant Andre Gouin, Board Member, Rocky Mountain Association of Energy Engineers, with Xcel Energy Various Rocky Mountain Association of Energy Engineers Members

Attachments Clean Power Plan Powerpoint Presentation


[Federal Register: December 1, 2010 (Volume 75, Number 230)]
[Notices]
[Page 74711]
[DOCID:fr01de10-61]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. ER11-2166-000]

Planet Energy (USA) Corp.; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

November 24, 2010.
    This is a supplemental notice in the above-referenced proceeding,
of Planet Energy (USA) Corp.'s application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
Part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability is December 14, 2010.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-30252 Filed 11-30-10; 8:45 am]
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[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Notices]
[Pages 32002-32003]
[FR Doc No: 2017-14455]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2016-E-0627 and FDA-2016-E-0629]

Determination of Regulatory Review Period for Purposes of Patent
Extension; Intercept Blood System for Platelets

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for Intercept Blood System for
Platelets and is publishing this notice of that determination as
required by law. FDA has made the determination because of the
submission of applications to the Director of the U.S. Patent and
Trademark Office (USPTO), Department of Commerce, for the extension of
a patent which claims that medical device.

DATES: Anyone with knowledge that any of the dates as published (in the
SUPPLEMENTARY INFORMATION section) are incorrect may submit either
electronic or written comments and ask for a redetermination by
September 11, 2017. Furthermore, any interested person may petition FDA
for a determination regarding whether the applicant for extension acted
with due diligence during the regulatory review period by January 8,
2018. See ``Petitions'' in the SUPPLEMENTARY INFORMATION section for
more information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before September 11, 2017. The https://www.regulations.gov electronic filing system will accept comments until
midnight Eastern Time at the end of September 11, 2017. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket Nos.
FDA-2016-E-0627 and FDA-2016-E-0629 for ``Determination of Regulatory
Review Period for Purposes of Patent Extension; INTERCEPT BLOOD SYSTEM
FOR PLATELETS.'' Received comments, those filed in a timely manner (see
ADDRESSES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51,

Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug product, animal drug product, medical device, food
additive, or color additive) was subject to regulatory review by FDA
before the item was marketed. Under these acts, a product's regulatory
review period forms the basis for determining the amount of extension
an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For medical devices, the testing
phase begins with a clinical investigation of the device and runs until
the approval phase begins. The approval phase starts with the initial
submission of an application to market the device and continues until
FDA grants permission to market the device. Although only a portion of
a regulatory review period may count toward the actual amount of
extension that the Director of USPTO may award (for example, half the
testing phase must be subtracted as well as any time that may have
occurred before the patent was issued), FDA's determination of the
length of a regulatory review period for a medical device will include
all of the testing phase and approval phase as specified in 35 U.S.C.
156(g)(3)(B).
    FDA has approved for marketing the medical device Intercept Blood
System for Platelets. Intercept Blood System for Platelets is indicated
for ex vivo preparation of apheresis platelet components in order to
reduce the risk of transfusion-transmitted infection including sepsis,
and to potentially reduce the risk of transfusion-associated graft
versus host disease. Subsequent to this approval, the USPTO received
patent term restoration applications for Intercept Blood System for
Platelets (U.S. Patent Nos. 7,037,642 and 7,611,831) from Cerus
Corporation, and the USPTO requested FDA's assistance in determining
the patents' eligibility for patent term restoration. In a letter dated
April 29, 2016, FDA advised the USPTO that this medical device had
undergone a regulatory review period and that the approval of Intercept
Blood System for Platelets represented the first permitted commercial
marketing or use of the product. Thereafter, the USPTO requested that
FDA determine the product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
Intercept Blood System for Platelets is 7,080 days. Of this time, 6,909
days occurred during the testing phase of the regulatory review period,
while 171 days occurred during the approval phase. These periods of
time were derived from the following dates:
    1. The date an exemption under section 520(g) of the Federal Food,
Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360j(g)) involving
this device became effective: August 2, 1995. The applicant claims that
the investigational device exemption (IDE) required under section
520(g) of the FD&C Act for human tests to begin became effective on
July 26, 1995. However, FDA records indicate that the IDE was
determined substantially complete for clinical studies to have begun on
August 2, 1995, which represents the IDE effective date.
    2. The date an application was initially submitted with respect to
the device under section 515 of the FD&C Act (21 U.S.C. 360e): July 1,
2014. The applicant claims August 15, 2014, as the date the premarket
approval application (PMA) for Intercept Blood System for Platelets
(PMA BP140143) was initially submitted. However, FDA records indicate
that the complete PMA BP140143 was submitted on July 1, 2014.
    3. The date the application was approved: December 18, 2014. FDA
has verified the applicant's claims that PMA BP140143 was approved on
December 18, 2014.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its applications for patent extension,
this applicant seeks 1,640 days or 999 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in 21 CFR 60.30, any interested person may petition FDA for a
determination regarding whether the applicant for extension acted with
due diligence during the regulatory review period. To meet its burden,
the petition must be timely (see DATES) and contain sufficient facts to
merit an FDA investigation. (See H. Rept. 857, part 1, 98th Cong., 2d
sess., pp. 41-42, 1984.) Petitions should be in the format specified in
21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (see ADDRESSES).

    Dated: July 5, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-14455 Filed 7-10-17; 8:45 am]
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