And we believe that any acceptable minefilling practice must be federally regulated. Federal regulation would provide a common framework for determining under what circumstances any FFC wastes might be disposed of underground. ( ALA00292)

MCC has gone through the permitting and approval process in Maryland and currently uses fossil fuel combustion wastes as minefill and soil amendment ... The project is properly monitored and regulated by two ( 2) Maryland entities, and should not be regulated under RCRA Subtitle C. ( MCC00051) Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 28 VII  28 VII. MINEFILL A. Information Provided As noted above, commenters provided detailed information on minefill regulations in specific states, case studies, factors determining risks from the practices, costs and benefits of the practice, and other research materials. In some cases, commenters made specific suggestions as to factual issues the Agency should consider in coming to its final determination.

Response: EPA thanks the commenters for the extensive information provided. As noted in the general response to Section VII, above, EPA completed its analysis of all this information, along with the information previously collected in support of the Report to Congress. This analysis was a major contributor to today's decision. Most, if not all, of the specific " informational" comments below are addressed in the analytical response just above. The results of EPA's analysis are discussed further in the responses below and presented in the final Docket for this determination. Documents in the docket that summarize two specific categories of information are: " Summary of Coal Combustion Waste Minefill Projects in the U. S." and " State Regulation of Mine Placement of Coal Combustion Wastes." Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 29 VII  29 VII. MINEFILL A. Information Provided Verbatim Commenter Statements CCP placed as minefill represent less than 1% of the total disturbed material at the mine site. ( IEU00018)

Prior Act 1986 l 68, which amended Pennsylvania's Solid Waste Management Act, coal ash was handled as a type of residual waste under 25 Pa. Code Chapter 75 of PaDEP's regulations. The 1986 Amendment excluded coal ash that is beneficially used from the definition of solid waste. Coal ash is defined as " fly ash, bottom ash or boiler slag resulting from the combustion of coal, that is or has been beneficially used, reused or reclaimed for a commercial, industrial or governmental purpose." The 1986 Amendment also defined the scope of beneficial use of coal ash to include mine subsidence, mine fire control, mine sealing and minefill in lieu of natural borrow materials or minespoils. Specific new regulations for the beneficial use of coal ash were promulgated by the Environmental Quality Board in 1992 and recently amended based upon the first five years experience with beneficial use of coal ash under the regulatory program. 25 Pa Code § 5287.661 through 287.666. The beneficial use regulations authorize the use of coal ash as part of mining reclamation activity if designed to achieve an overall improvement in water quality or prevent the degradation of water quality. Ash may be used beneficially to fill a pit or area from which coal is extracted under a surface coal mining permit, an abandoned coal mining area located within the surface coal mining permit area, permitted coal refuse disposal site and other beneficial uses that are part of the approved reclamation plan of the coal mining activity. 25 Pa. Code 5287.663 ( c). The regulations also require coal ash used as a soil substitute or soil additive to be applied at a rate per acre that will protect public health, safety and the environment, and to be carried out pursuant to an approved reclamation plan to increase the productivity or properties of the soil. 9287.663( e). The regulations require the development of technical guidelines to facilitate review of proposed ash use at a mining site, which establish specific contaminant limits for metals including arsenic. Minefill in surface mines ( including coal refuse disposal) is subject to the Surface Mining Control and Reclamation Act, the Coal Refuse Disposal Act and the Clean Streams Law, as well as the residual waste regulations. Section H of the residual waste regulations specifically sets forth procedures for the conventional placement of coal ash at minesites ( 25 Pa. Code § § 287.663 287.664) which include:

° ash delivered to the mine must have a pH between 7 and 12.5, and cannot produce a leachate that exceeds DEP's Class III limits, which DEP has established as safe for unlined, natural attenuation facilities. ° ash must be separated from groundwater, highwalls and other consolidated rock features. ° ash must be delivered to the site within an acceptable moisture range and compacted in layers not exceeding two feet in thickness. ° groundwater must be monitored. ( ARRIPA00019)

Over the last decade, DOE/ FETC has conducted and published extensive empirical research to examine potential detrimental effects that FFC waste may have when it is used as mine fill. EPA has requested this type of data and analyses in its RTC. DOE believes that the research summaries provided by its FETC in the detailed comments that follow will greatly assist EPA in making a fair Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 30 VII  30 and scientifically based regulatory determination on waste disposal and beneficial uses of coal combustion waste ( CCW). DOE's research in this area ( which is summarized in matrix form in Appendix 1), includes:

° Data collection and analysis of water quality data collected from 35 surface mines in Pennsylvania where CCW were used for backfill and surface reclamation. These data showed a general lack of environmental damage. DOE has also produced summaries of inhouse research where the injection of CCW grouts into surface mine spoils produced neutral to slightly positive environmental effects.

° Several field projects involving the injection of CCW into abandoned underground mines for the purpose of acid mine drainage ( AMD) remediation and/ or subsidence control.

Supporting documentation and data from each of these studies are provided in the body of these comments... [ the comment provides several pages summarizing the results of its research]. ( DOE0020)

There are several conferences which have had sessions which address the use of coal ash in mining, among these are ACAA's biannual International Symposium on the Management and Use of Coal Combustion Products, and the biannual International Ash Use Symposium organized by the University of Kentucky, Center for Applied Energy Research ( CAER). The American Society for Surface Mining and Reclamation often has a session on ash use in mining at its annual meeting. In 1996 the United States Office of Surface Mining, Sponsored the Coal Combustion By Products Associated with Coal Mining  Interactive Forum which was held at Southern Illinois University at Carbondale. These meetings provide for the dissemination of information on the topic of coal ash use in reclamation ... [ the comment presents several pages summarizing the results of scientific studies and detailed information on state programs] ( ACAA00022)

Several of the documents that have been referenced in the preceding comments concerning U. S. EPA's March 1999 Report to Congress on Wastes from the Combustion of Fossil Fuels are included as attachments to this submission to EPA Docket Number F l 999 FF2P FFFFF as follows:

° Attachment # 2  List of technical papers concerning mining applications of CCPs ( 14 pages) ° Attachment # 4  State Solid Waste Regulations Governing the Use of Coal Combustion Products ( CCPs), ACAA, August 1998 ( 57 pages) [ Also available on DOE/ FETC Internet web site] ° Attachment # 6  Excerpted information from selected state regulations and related documents concerning the management and use of CCPs in mining applications ( 25 pages) ( ACAA0022)

PG& E Gen has attached case study information and permit information in this report to help understand the level of control that state regulations have placed on the electric generating industry ... Attached in Appendix A is permit information regarding PG& E Gen's Carneys Point ash which is used for minefilling at Blackville mine in Greene County, Pennsylvania. The Logan Generating Plant also uses its pulverized coal ash to reclaim coal mines. Approximately 77 percent of Logan's Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 31 VII  31 coal ash and 93 percent of Carneys Point coal ash is beneficially used in mine reclamation. The reclamation activities are conducted under the auspice of various state and federal agencies. ( PG& E00023)

Coal ash from the Carneys Point facility is used as a minefill reclamation in Pennsylvania. EPA's review of the regulatory requirements for minefills does not include the requirements for quality certification of the coal ash, as do Pennsylvania's residual waste regulations for the beneficial use of coal ash at mine sites, 25 PA Code Section 287.661 665. These requirements are quite expensive in terms of testing, operational controls and monitoring and are further strengthened by the overlapping mining regulatory program permits and requirements. These regulations are discussed in greater detail in these comments on Section 5.5, and copies of the permitting modules implementing key beneficial use of coal ash requirements are found in Appendix B. ( PG& E00023)

As noted in section 3.4 above, PG& E Gen's Carneys Point and Logan facilities in New Jersey beneficially reuse their ash in mine filling projects in Pennsylvania and West Virginia, pursuant to the regulatory programs discussed in some detail in Chapter 5.5. EPA mentions its concerns regarding agricultural use and mine filling of ash and requests further information as to case study experience with these practices. Specific information on the Carneys Point project is provided in Appendix A. ( PG& E00023)

The three PG& E Gen facilities produce about 1 million tons of FBC ash annually. The two Pennsylvania facilities beneficially reuse 100 percent of their FBC ash; about 99 percent is rninefill and grouting material and 1 percent is used in soil amendments for revegetation of mine sites. The Cedar Bay facility beneficially reuses about 6 percent of its FBC ash in soilamendments as an input in the manufacture of lime stabilized municipal sewage sludge Class A biosolids; the remaining 94 percent is disposed in a lined landfill permitted under Kentucky's waste management program ... EPA requested specific information and case studies on the experience with beneficial uses of FBC ash for minefilling and soil amendment. PG& E Gen selected several different types of beneficial use projects to present here... [ the commenter presents several pages of case study information]. ( PG& E00023)

Pennsylvania regulates mining activities pursuant to its air, water, waste and mining laws, and implementing regulations and guidelines ... The beneficial use regulations, found at 25 Pennsylvania Code Chapters 287.661 665 require the applicant to demonstrate, among other things, that the quality of the coal ash meets certification guidelines for 20 contaminants, including arsenic and mercury. The applicant is also required to demonstrate that the beneficial use is designed to achieve an overall improvement in water quality or to prevent degradation of water quality, and that groundwater is monitored in accordance with the requirements of federal and state mining laws. ( See attached copies of regulations and implementation guidelines in Appendix B.) ... [ the commenter presents several pages of information summarizing Pennsylvania state regulations]. ( PADEP00025)

In an effort to aid in your decision making process, we are pleased to provide a representative sampling of data from the nearly 100 mine sites throughout Pennsylvania where ash has been used as a supplement for soils or minefill. These cases cover a variety of applications. We believe that the data demonstrate that the use of ash does not result in groundwater degradation when used in accordance with the regulations and guidance in effect in Pennsylvania. This result is the same Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 32 VII  32 whether the ash placement is within or above the water table. In many of the cases cited, the use of the ash resulted in a significant improvement in water quality. The information is presented in three volumes. Volume 1 provides an overview of the beneficial use of ash in Pennsylvania, includes our regulations and guidance documents; and provides limited information on the use of ash as a soils amendment. Volume 2 includes data from seven sites where the ash placement is not in contact with groundwater. Finally, Volume 3 includes data from five sites where the ash is in contact with groundwater. ( PADEP00025)

In particular, I am responding to the Report's request for additional information on the potential for beneficial use of Coal Combustion Products ( CCPs) in mined land environments ... [ the commenter presents several pages summarizing scientific studies]. ( VAT00033)

Finally, I would like to support the recently developed regulatory framework for beneficial utilization of CCPs in the various states. In Virginia, for example, our Regulation Governing Management of Coal Combustion By Products ( VR 672 20 20) exempts eligible CCPs from regulation as soJid waste when they are beneficially used or recycled for specific purposes ... [ the comment presents several pages summarizing Virginia regulations]. ( VAT00033)

In specific response to EPA's request for scientific documentation on the potential for beneficial reuse of CCPs in mined land environments, I am submitting attached copies of the papers by Haering and Daniels ( 199 1) and Stewart and Daniels ( 1997), and the 1996 Ph. D. dissertation by Stewart. These materials contain extensive references on the beneficial reuse potential of coal fly ash in mined land environments along with detailed coverage of the environmental concerns and appropriate management practices. ( VAT00033)

In mine reclamation, coal wastes are often mixed with other residuals i. e. biosolids to produce a low cost, soil substitute that can be placed on mined surfaces to promote revegetation. In using wastes for this purpose, the benefit is that revegetation is promoted on sites that are viewed as having low value. In using coal waste for this purpose, the question that needs to be answered are: Can these wastes support vegetation with levels of application that do not further degrade the environment? ( ALA00036)

This is an issue not only for the long term mobility of metals but also when trying to understand the length of time that these wastes will be able to neutralize acid drainage before the alkaline cations in the wastes are leached out. If and when leaching occurs, how will this change metal mobility and transport and what will need to be done to " recharge" the neutralizing capacity? ( ALA00036)

Mining states are aggressively pursuing innovative mine placement strategies to address longstanding environmental problems. In Pennsylvania, for example, the State's mine placement initiatives range from conventional placement, which is subject to very specific regulatory requirements governing ash quality and placement to innovative CCP utilization, such as in the reclamation of crop falls, coal refuse banks and water filled strip mine pits. These research reclamation projects are being performed as demonstration projects and involve significant testing, research and monitoring measures to ensure the placement of coal ash is safe to the environment. ( USWAG00037) Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 33 VII  33 The State of Maryland provides another example of a state that is actively researching the prospects for greater beneficial uses of coal combustion projects. The Western Maryland Coal Combustion By Products/ Acid Mine Drainage Initiative is a successful example of a demonstration carried out through a joint private and public sector collaboration. The Maryland Department of Natural Resources Power Plant Research Program, with participation from the Maryland Department of the Environment Mining Program, coal mining companies, and electric utility companies, has coordinated research to evaluate the use of alkaline CCPs to abate AMD from underground coal mines. As part of this initiative, a field scale experiment was established at the Frazee Mine in Garrett County, Maryland in November 1996. Approximately 5,600 cubic yards of grout, which consisted of ` 6,000 tons of CCPs and 52,000 gallons of acidic mine water, were injected into both dry and submerged mine conditions. The State is monitoring the mine to evaluate the effectiveness of the grout to seal the mine and abate AMD, and to make sure ground water is not adversely impacted. The ultimate goal of this research is to use CCPs to address the 6 square mile underground Kempton mine complex, which discharges approximately 6 million gallons per day of AMD into the Chesapeake Bay watershed in Maryland. ( USWAG00037)

USWAG surveyed member companies for information to help EPA evaluate this preliminary concern. The data and case studies are compiled in the attached draft EPRI report, Synthesis of Available Information on the Management of Coal Combustion Products ( CCPs) in Mines (" EPRI Synthesis Report"). USWAG provided a preliminary draft of this document to EPA on March 1, 1999. The EPRI Synthesis Report describes some electric utility industry experience with mine placement of CCPs in cooperation with and under the supervision of State, local, and federal regulatory agencies. The case studies represent a significant portion of the total population of active mine placement projects nationwide. ( USWAG00037)

The case studies in the EPRI Synthesis Report describe beneficial utilization of CCPs in surface and underground mines both above and below the water table. The monitoring data generally show no adverse environmental effects, and, indeed, sometimes document significant improvements. The following short descriptions are intended as a guide to the detailed information presented in the EPRI Synthesis Report... [ the commenter provides several pages summarizing the case studies]. ( USWAG00037)

Additionally, we would like to offer any data which EPA might need to demonstrate that mine placement of CCPs is an environmentally responsible beneficial utilization practice. ( TVA00049)

However, much groundwater data does exist around mines with ash reclamation, especially in the state of Pennsylvania. Also, site specific parameters needed for accurate groundwater transport modeling are available at these mine sites. ( CIBO00052)

TXU has been a advocate, supporter and practitioner of mine placement of coal combustion wastes, appropriate beneficial utilizations, and recycling of coal combustion by products in connection with our mining operations for well over twenty five years. TXU owns and operates three lignite fired electric generating stations in Texas which we commonly call " mine mouth operations". That is, the lignite surface mine is located adjacent to the electric generating plant. Historically, TXU has utilized the surface mines as the location for the disposal of coal combustion by products ( CCBPs) ... [ the commenter provides several pages summarizing its projects and the applicable state regulations]. ( TXU00053) Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 34 VII  34 The following documents, referenced in our original comments ( copy enclosed) are enclosed:

° " Injection of FGD Grout to Mitigate Acid Mine Drainage at the Roberts Dawson Underground Coal Mine, Coshocton and Muskingum Counties, Ohio," a seven volume final report for a project which was carried out by The Ohio State University and American Electric Power. This is OCDO Project D 95 17.

° Attachment 3 These tables present data from " Product Development and Utilization of Zimmer Station Wet FGD By products," ( OCDO project D 931 8) being conducted by the Dravo Lime Company. Studies of this CCP used as a fertilizer on abandoned mine land ( AML), on previously reclaimed mine land ( RML) and on an acidic agricultural soil in Ashtabula County Ohio ( AS) do not show any accumulations of arsenic in plant tissues. In Table 4 of Attachment 3, the arsenic content of the CCPs and limestone was less than 4 mg/ kg in all cases. The remaining tables of Attachment 3 present plant tissue data from the three sites for one to two crop years. In all cases for both controls and treatments with CCPs, the arsenic content was less than 1.75 mg/ kg and of no adverse environmental consequence. ( ODOD00054)

While there are applications of CCW that can neutralize acid mine drainage, these applications must be exercized with adequate characterization of the ground water systems and the acidity at the site and of the CCW and its neutralization capacity. The treated sites must be monitored closely and for long periods of time. Repeat applications of CCW may be necessary. Without such measures, there is a growing body of evidence indicating that the metals in the CCW may be solubilized into the environment as the neutralization capacity of the CCW is exhausted. ( HEC00056)

Yet after twenty years of telling us that they can readily meet these requirements, the proponents of minefilling now want us to believe that even in the absence of acidity problems, the ground waters in mines are so trashed that further contamination of them from disposal of massive quantities of CCW and other fossil fuel wastes would be of no consequence! The data does not back them up. Instead it indicates that contamination from disposal of CCW will substantially worsen water quality that has been degraded by mining. It shows that degraded spoil waters improve with time as their oxygen content reduces. It does not show that contamination from CCW will abate simply with the passage of time ... [ the commenter provides several pages summarizing case study information]. ( HEC00056)

Indiana is a good case study. We note that EPA has made a special effort to investigate Indiana's minefitls in its tour of this state on May 25. For the past eight years, Indiana has aggressively promoted unrestricted open dumping in mines. As a result we are intimately familiar with the practices that this state is utilizing that violate mining law and will summarize the problems with Indiana's approach here. It is important to remember that these problems may be indicative of other states' approaches with minefilling as well ... [ the commenter provides several pages summarizing Indiana's state regulations]. ( HEC00056)

Site specific regional characteristics and the suitability of Indiana surface mine environments are illustrated by the Little Sandy # 10 mine site that was recently visited by USEPA representatives. Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 35 VII  35 USEPA's May 25, 1999, observations revealed Indiana mine sites are dry due to very limited ground water intrusion caused by the local Indiana coal geology. Therefore, Indiana can take advantage of the Pennsylvanian age cyclothems which are dominated primarily by highly impermeable shales with typically limited ground water capacity (~ 20 gallons/ minute). In addition, the vertical proximity between the coal ash disposal locations and deeper aquifers is minimal. For example, the Little Sandy # 10 site places ash on a 60 foot thick bench of shale material which provides an excellent attenuation zone for downward element migration. In addition, most Indiana coal mine geological environments can take advantage of a natural liner comprised of the immediate underclays or fireclay stratigraphic layers located directly beneath the lowest coal seams removed. Typically, several feet thick, highly impermeable underclays make up the base of the disposal environment. With hydraulic conductivities generally 10" centimeters/ second or less, these underclay units equal, or exceed, the standards for most liners constructed for land fills. Field data, which is provided in the appendices of this document, have confirmed the operation of these natural processes in surface mines. Indiana's data has shown when mine site geology and hydrology are properly considered, coal ash is environmentally benign and sometimes environmentally beneficial. Sites observed on the May 25, 1999, USEPA tour ( i. e. the Cinergy Universal Mine site and the Midwestern Mining bond forfeiture reclamation project) have shown water quality improvements as a result of coal ash disposal in mine sites. For example, Monitoring Well # 3 at the Cinergy, Universal Mine site is located downgradient and within less than 50 feet of the ash fill. Yet, water monitoring data shows it meets primary drinking water standards in nearly all samples. This is due to the unique nature of surface mine sites which make them well suited to accept ash materials. Moreover, hydrologically connected acid mine discharge seeps have been neutralized by the coal ash facility. ( IDNR00062)

As a prelude to the large amounts of attached data, the following pages contain substantial background information about the Indiana coal mine coal ash disposal program that will assist USEPA in its analysis and understanding of the data provided by the IDNR ... [ the commenter provides several pages summarizing its regulatory program] ( IDNR00062)

The DoR believes that dilution and attenuation factors, such as dispersion and adsorption, with respect to minefill in the backfill should be considered when EPA makes it final Regulatory Determination. ( IDNR00062)

The DoR recommends that EPA consider providing guidance on alkalinity or pH levels at which metals are not expected to leach and guidance concerning levels which could produce unacceptable leachate concentrations. ( IDNR00062)

The DoR also recommends that guidance be provided about whether or not the co disposal of coal processing wastes with CCW in a reducing environment poses a threat and if co disposal with acid forming materials or coal processing wastes should have specific limitations or prohibitions based upon the findings of Dr. Barry Stewart presented in Appendix 8. ( IDNR00062)

The DoR recommends the EPA research reference material and make observations of strata associated with active coal mining operations to determine what extent fracturing occurs with respect to conduciveness of contaminant transport. Also, the DoR recommends the EPA determine the extent that underclays provide a suitable vertical barrier from CCW effects on aquifers that may exist beneath the floor of the mined area. ( IDNR00062) Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 36 VII  36 Today, however, mine reclamation is a major component of PP& L's ash management strategy. Since 1995, PP& L has increased the amount of coal ash beneficially used for mine reclamation from 65,000 tons in 19995, to over 320,000 tons in 1998. The beneficial use of coal ash as minefill has significantly reduced PP& L's ash handling costs. ( PHS013)

The dramatic increase in the use of coal ash as minefill in Pennsylvania can initially be attributed to the 1986 amendment to the Solid Waste Management Act that revised the definition of solid waste to exclude coal ash that is beneficially used ... [ the commenter provides several pages summarizing Pennsylvania's regulatory program]. ( PHS013)

I'm concerned about the drinking water myself. I have < 2> drilled wells of water close too a proposed dumpsite or with in 1/ 4 mile, of my < 2> wells in which I get water from these from my cattle and my family. ( CITZ00257)

ICC is submitting this comment because it believes a more specific understanding of the Illinois basin geology and hydrology, particularly in the southwestern Indiana coalfields, and the formation and characteristics of mine spoil water ( i. e. " groundwater" in the surface mined area) is helpful in understanding why it believes disposal below the water table is the preferred method of disposal in Indiana ... [ The commenter provided several pages of specifics regarding case studies, hydrology of mine sites, and leachate data]. ( ICC00269)

According to Jeff Stant of the Hoosier Environmental Council, eight wells in Illinois have been contaminated by CCW disposed of in strip mine pits. ( CITZ00271)

Furthermore, the internal pore structure of the monolithic body yields permeability ( hydraulic conductivity) in the range of 10" cm/ set; comparable to compacted plastic clays. Compacted FBC ash fills have measured " dense" or " very dense" using standard geotechnical study auger borings. ( See, Preliminary Geotechnical Investigation, Alden Ash Site, January 1998, Kimball Associates, attached.) ( PG& E000274)

A program developed under RCRA Section 3004( x) should, among other things, provide for:

1. Separation and proper disposal of other fossil fuel related wastes, such as FBC wastes, that may contain residual unburned organics not associated with typical coal ash. Greater scrutiny is warranted for FBC waste, which as noted in the Boulding Report presents a higher potential for leaching elements of concern; and wastes generated through the firing of hazardous waste fuels and waste oils with or without coal, and those which are fired or co fired with waste tires and refuse derived fuel. Each of these categories adds constituents to the combustion process which may significantly increase the hazards of improper disposal of the waste, including a range of products of incomplete combustion of chlorinated and other synthetic organic compounds that warrant extensive analysis, characterization and careful management beyond that necessary for coal combustion waste. Clarification should also be provided that coal combustion wastes do not include utility wastes such as metal and boiler cleaning wastes, nor other wastes generated from power plants beyond those directly resulting from combustion of coal and control of emissions from the combustion process. Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 37 VII  37 2. All coal combustion wastes to be screened for radionuclides and managed as low level radioactive wastes in accordance with the applicable state and federal laws, where those wastes exhibit activity that is above background levels. Coal combustion waste which contains elevated radionuclides is properly classified as technologically enhanced lowlevel radioactive waste.

3. No disposal should be allowed absent the complete characterization of the waste stream( s) proposed for land disposal, and assurance that the engineering design of the disposal facility will assure compliance with the environmental performance standards ( including no contamination of aquifers above drinking water standards and no increase in groundwater of any constituents above background levels of those contaminants). Whenever possible the chemical and physical composition of the actual waste stream that will be produced by the combustion process at the utility from which the waste will be generated, should be used for testing.

4. In order to properly design a facility for disposal of coal combustion waste, the full extent of the characteristics of the waste must be known, and the leachate potential must be established by use of appropriate modeling of the disposal site, the amount of rainfall infiltration, the pH of the waste and associated materials through which the rainfall will pass, and a hydrogeologic investigation into the location, extent, and characteristics of the surface and groundwater systems at the site.

5. Groundwater monitoring must be sufficient to allow for prompt detection of leachate migration at the waste site ( and not the mine) boundary. Monitoring parameters and well locations must be such that they are appropriate to the area in which the waste is disposed. 6. Blending of mine wastes with spoil in the backfill, rather than controlled placement of the wastes in a designed facility, should be treated as prohibited open dumping. ( NCCLP00282)

The 1983 study by Kipp, Dinger and Lawrence, A Conceptual Model of Ground water Flow in the Eastern Kentuckv Coal Field, makes these observations concerning the nature and occurrence of fracture dominated groundwater transport ... Borchers and Wyrick, Application of Stress Relief Fracturing Concepts for Monitoring the Effects of Surface Mining On Groundwater in Appalachian Plateau Valleys, ( 1981) also note that " stress relief fractures are a near surface phenomenon" vastly different from the standard conceptualization of groundwater flow ... Summers noted that mining and restoration may either increase or decrease the recharge rate to groundwater from the mined area. Summers, Measuring the Impact of Mining on Groundwater Recharge ( 1981). The stress relief fracture system was noted also by Ferguson, during his foundational investigations in the Allegheny Plateau Region on behalf of the Corps of Engineers. Vallev Stress Release in the Alleghenv Plateau, Engineering Geology, Association of Engineering Geologists Bulletin, Volume 4, No. 1, p. 63 68 ( 1967). Schubert noted that " fractures are of considerable importance to groundwater flow through lithified coal bearing strata," relying on many different studies in the northern Appalachians and northern Great Plains ... As noted by Hobba, ground water and surface water are intimately related in the Appalachian coalfields, and underground mining and resulting subsidence increases hydraulic conductivity and interconnection of water bearing rock units ... Hobba, Effects of Underground Minino and Mine Collapse on the Hvdroloav of Selected Basins in Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 38 VII  38 West Virginia, ( 1981) ... [ the commenter provides several pages summarizing these scientific studies]. ( NCCLP000282)

However, we know of many examples where CCBs have been an integral part of successful reclamation under both Title IV and Title V. There is an extensive inventory of completed projects, and there q a number of ongoing projects in various stages of completion. As the EPA states in its report, the environmental benefits achieved through this reclamation have been extensive. In all of these projects, OSM and the States have ensured that the potential environmental and health and safety impacts of CCBs were evaluated. The enclosed copies of papers on successful reclamation were presented at national AML meetings highlighting the use of CCBs. ( OSM283)

We have experienced first hand the water contamination caused by various forms of coal mining. My students were amazed when they saw a creek near Freeburn, Kentucky with water that was a milky white. I am greatly concerned about the potential for even more groundwater contamination and the associated risks to human beings and other life forms if coal companies are allowed to continue the practice of dumping coal combustion waste ( CCW) in strip mines. ( CITZ00291)

Attached as Appendices B and C to these comments are the German laws ( in German and English") that regulate minefilling of wastes, including coal combustion wastes. We present this material as a model for EPA in considering whether and how to regulate the minefilling of the range of co managed FFC wastes. ( ALA00292)

Kerry Coal Company reclaimed an old coal wash plant site in Butler County, Pa. that covered over twenty acres using 250,000 tons of CFB ash. That site is now supporting a lush green habitat for wild life. This site was reclaimed at no cost to the commonwealth or the Pennsylvania taxpayer. ( KCC00298)

Shamrock Minerals Corporation reclaimed 22 acres of an abandoned coal refuse site in Western Pa. using 70,000 tons of CFB in 1996. Today the water runoff leaving the site meets DEP standards and the field produces hay. The job was completed at no cost to the Pennsylvania taxpayer. ( SMC00299)

One very experienced toxicologist looked at the lead levels alone in samples submitted by the generators themselves they were in the tens of thousands of ppm   he said " They could mine this stuff for lead." ( Dr. Karl Schurr, Professor Emeritus, Medical College of Ohio now resident of Fisher, Pa.) Yet those ashes and tons just as bad and worse   were submitted as part of the example plan for mixing in with the dredge muds from NY/ NJ to spread on abandoned strip mines.( Consolidated Technologies, Inc) ( PEACE00306)

There are a number of scientists concerned about flushing CCW into underground exhausted coal mine shafts due to trace metal toxicity from fly ash particles accompanied with high levels of conductivity, total dissolved solids ( TDS), and sodium ( Na). The last three parameters, by the way, do not have national water quality criteria ( WQC) restrictions to protect aquatic life. I have found that effluents with conductivity approaching 4,000 : mhos/ cm, 3,500 mg/ L TDS and 1,100 : g Na/ L to be acutely toxic to Ceriodaphnia dubia in my recent research efforts of the latter 1990' s. ( VAT00309) Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 39 VII  39 These documents are attachments to the comments submitted under separate cover on behalf of the Citizens Coal Council, Citizens Interested in Bull Run, Inc., the Hoosier Environmental Council and the Kentucky Resources Council. ( CCC00310)

Note: I am willing to testify as a private citizen, to your sub. Committee. I have information which the powers to be do not want to become public information. ( CITZ00329)

Given the instability of mine sites as well as the direct and indirect hydrologic pathways between the wastes and groundwater supplies at these sites, disposing CCW, other fossil fuel wastes, other nonmine wastes mixed with these wastes or wastes whose parent materials are coburned with fossil fuels in strip mines without substantial safeguards violates the basic tenets of sound waste disposal policies. ( HEC00332)

The connections between ground water in the mined site and deeper aquifers are complex and substantial. ( HEC00332)

Studies provide evidence that contaminants in shallow aquifers directly or closely connected to surface mines could migrate to deeper aquifers relatively easily in certain situations. ( HEC00332)

Coal mining has major impacts on groundwater quality and quantity that often extend far beyond the boundary of the mine area and permanently change the hydrologic regime for the surrounding region. We believe that if EPA decision makers come to understand these impacts, they will have a sound scientific basis to effectively regulate dumping of coal combustion waste ( CCW) in mines so that it will not damage our nation's precious groundwater resources. ( HEC00332)

According to Jeff Stant of the Hoosier Environmental Council, eight wells in Illinois have been contaminated by CCW disposed of in strip mine pits. ( CITZ00347)

In Virginia, there is a continuing attempt by industry to dump these wastes in old underground coal mines or incorporate them into reclamation materials on surface mines. To date, no such permission has been granted by the coalfield counties of far southwestern Virginia. ( DCCC00359)

The Bureau suggests that further consideration of existing information gathered during this current review be compiled into an accessible database for consideration by carefully selected experts and potential users before any decision is made. Also, EPA could develop or recommend suitable evaluation standards and require the collection of vital and equivalent baseline information ( toxicity tests, old and new methods, utilization of comparable research methods) on CCBs in mine environments. ( MDE00047)

Maryland, for example, has two different entities within the Water Management Administration that regulate the use of coal combustion products in mine applications; the Water/ Wastewater Permits Program and the Bureau of Mines. Although the Code of Maryland Regulations Title 26, Subtitle 13, Chapter 02, Section .04 l defines coal combustion products as non hazardous, the material must be approved for use by the Bureau of Mines and monitored for chemical content and environmental impact under an NPDES permit issued by the Water/ Wastewater Permits Program. The Bureau of Mines approval process involves a rigorous chemical analysis of both the material and the potential leachate receptors. A copy of the application for approval is enclosed as Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 40 VII  40 Attachment B. The Water Management Adminktration permitting process requires both a detailed chemical analysis of the material mimicking the RCRA Hazardous Waste characterizing process found in RCRA Sec. 3001 142 USC 69211 and a public hearing prior to receiving authorization to utilize the material. Once approved, existing NPDES permits required of the coal industry are modified to incorporate tight limits on discharges from areas receiving the materials. ( MCC00051)

MCC has gone through the permitting and approval process in Maryland and currently uses fossil fuel combustion wastes as minefill and soil amendment. MCC places the material in direct contact with underground mine water in an attempt to utilize the materials high calcium content to increase the pH of our mine pool to a point where the pyrite oxidation reaction ceases. After 3 years of material placement and environmental monitoring, the utilization of approximately 400,000 tons of material has not shown any evidence of negative environmental impact. An overview of the project is included as Attachment A. ( MCC00051) Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 41 VII  41 VII. MINEFILL B. Appropriateness of Site specific Evaluation and Control Industry, state and federal agency commenters noted that site specific evaluation and control of minefill practices are necessary and desirable for managing risks from this practice. Further, several of these commenters argued that Subtitle C controls would preclude such sitespecific considerations without providing environmental benefit. Public interest commenters did not dispute the site specific nature of this issue but noted that nationwide controls may be fashioned in a manner to take into consideration both current practices where deemed protective and site specific geochemical issues. A consultant for a public interest group commenter urged EPA to make a distinction between legitimate, engineered beneficial use ( such as FBC waste used in pre SMCRA mines) and unregulated, wholesale dumping.

Response: Much of the following has been noted in the above responses but is repeated here in specific acknowledgment of concerns as to appropriate regulation.

Based on its review of the extensive case study information submitted by commenters, EPA believes that many complexitiies related to site specific geology, hydrology, waste chemistry and interactions with the surrounding matrix, as well as other relevant factors must be taken into account to evaluate whether minefilling can be done in a manner deemed to be sufficiently protective. Environmental impacts associated with minefilling will be highly site specific. Therefore, the Agency agrees that controls on minefill projects should be designed based on sitespecific evaluation. However, the complexity and variation in minefilling practices are compelling reasons to establish overall national regulations that will ensure consistent and thorough site specific analysis that adequately takes all relevant factors into account. We intend to consider well known and accepted geochemical relationships in developing this approach.

The Agency agrees that flexibility is important and believes that such national regulations can be effectively structured to lay out the factors which must be taken into consideration. We agree with commenters who stated that such review is best done at the state level. The federal register notice announcing today's decision requests comments on alternative approaches to developing such a national regulation. Based on the comments we receive, we will develop a proposal for notice and comment so that all interested parties have the opportunity to comment on approaches to developing such a regulation.

While the approach that the Agency has chosen involves developing national standards for minefilling of coal combustion wastes, the intent is to be as flexible as minefilling conditions allow. States would be responsible for ensuring compliance with Subtitle D standards. EPA and state experience with revised Subtitle D standards specifically for municipal landfills is that they have allowed states flexibility while at the same time providing a clear structure that has resulted in significant improvements in environmental protection. As noted elsewhere in this document, in consultation with the Office of Surface Mining, we will also assess the authorities available under SMCRA to ensure protective and consistent minefilling practices across the country. We will rely on RCRA authorities, SMCRA authorities or a combination of both RCRA and SMCRA, based on an assessment of which can be used most effectively. Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 42 VII  42 VII. MINEFILL B. Appropriateness of Site Specific Evaluation and Control Verbatim Commenter Statements DOE concurs with EPA's stated consideration that " these ( minefilling) operations, with their preexisting concerns, may require very site specific determinations that do not lend themselves to national standards." ( DOE00020)

In providing such information, DOE believes it is important to point out the substantive differences in the practice of CCW minefilling as they pertain to surface and underground mines. For example, while " depth to ground water" is a very important factor that should be incorporated in any regulation for minefilling at surface mines, the term is ambiguous or irrelevant for underground minefilling situations, which may occur at depths that are hundreds of feet below any potable aquifer. Also, private industries are primarily responsible for ensuring the environmental performance of active mine sites, while public entities ( usually State governments) are ultimately responsible for the environmental performance of abandoned mine sites. This is likely to affect the practical application of CCW minefilling, especially in situations where it may help correct existing environmental or safety problems at the mine sites. DOE believes that a more flexible regulatory approach than Subtitle C is needed to address these situations. ( DOE00020)

DOE believes the use of comprehensive, site specific empirical data is the most appropriate way in which to assess the human health and ecological risks associated with minefill projects. ( DOE00020)

The removal of waste coal for use as FBC fuel, and the subsequent reclamation of the re mined site with the resulting FBC ash, is an integrated process. This process requires site specific considerations and flexibility to maximize both the economic and the environmental benefits. ( PG& E00023)

In case by case evaluations, supported by technical data and environmentally sound management, CCBs can be applied in many uses which are benign to the environment. ( WRAG00030)

We believe that site specific conditions merit individual review. This review should be conducted by local and state regulators rather than the Agency. ( NCE00031)

In contrast to the body of mature research conducted by other institutions, EPA is at an initial stage of formulating the potential issues under consideration. Significantly, EPA has not established that mine placement of CCPs presents a problem. Furthermore, EPA acknowledged that, should a problem be established, the resolution" may require very site specific determinations that do not lend themselves to national standards." USWAG commends EPA for identifying this fundamental argument against federal regulation of mine placement of CCPs. ( USWAG00037)

The establishment of RCRA Subtitle C would place all minefill operations under an umbrella of controls, requirements, and constraints that would not address site specific conditions. ( VAP00042) Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 43 VII  43 In addition, APS and USWAG are greatly supportive of the agencies acknowledgment that, if a problem exists, the resolution " may require very site specific determinations that do not lend themselves to national standards." The hydrogeology of each mine situation is complex and peculiar, and the state agencies are best equipped to deal with individual situations. ( APSC00043)

Again, a region specific approach is needed because of the varying geologic settings and especially because of the differing chemical, mineralogical, and physical properties of fossil fuel combustion ( FFC) wastes. ( EERC00044)

Ash in minefilling is another application that must be considered on a site specific basis. ( CIBO00052)

By contrast, IDNR believes regulation under Subtitle C would promote a " one size fits all" approach that will discourage recycling of coal ash and thereby encourage the continued placement of coal ash in Indiana's floodplain environments. We urge you to affirm that state regulatory authorities should continue to regulate placement of coal ash in mine sites under existing state programs. ( IDNR00062)

PG& E is not talking about the universe of fossil fuel combustion products or its disposal. They are not talking wholesale disposal of coal combustion wastes by indiscriminate dumping of tens of millions of tons at single mines. They are not talking about disposal in mine sites that have had the benefit of toxic material handling plans required by the surface mining laws ( SMCRA) to minimize damage related to mining. They are not talking about the full range of fossil fuel combustion wastes, with the full range of chemical and physical properties. ( GHIL0012)

PG& E's comment's consider a legitimate, if overstated, application of a specific waste type for a specific beneficial used in a specific setting. The specificity ( and limits) of these applications is lost in the rhetoric. The comments create the impression that CCW wastes in general have these properties and that anything short of USEPA's turning loose of regulation will prevent a tremendous landscape of beneficial application form being realized. It is important that the distinction between legitimate, engineered beneficial used and unregulated, wholesale dumping continually be drawn and emphasized. ( GHIL0012) Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 44 VII  44 VII. MINEFILL C. Adequacy of Existing Regulations Many commenters addressed the adequacy of existing regulations to address risks associated with minefilling. Supporters of the practice pointed out that federal controls ( SMCRA, NPDES), state programs, and other standards ( e. g., ASTM) adequately address site specific problems, and that additional federal involvement might limit state flexibility and effectiveness without minimizing risks and might delay further development of state programs. Some commenters offered individual states' programs ( e. g. Pennsylvania) as examples of effective programs. One commenter provided a study by the Department of Interior's Office of Surface Mining in support of its contention about the adequacy of Indiana's program.

Some citizen and public interest group commenters reported that industry practices are not protective, that SMCRA enforcement is lax, and that many state programs do not effectively enforce SMCRA provisions and/ or do not include enforceable standards. One of the commenters further stated that EPA should defer regulations only in states where the Agency has specifically found regulations to be adequate. Many of the commenters stated that failure of EPA to regulate minefilling would encourage states to continue with weak regulatory programs. Another commenter stated that state programs effectively allow open dumps without any design or construction standards and few operational requirements. The commenter offered an individual state program ( Indiana) as an example of an inadequate regulation. The commenter further stated that programs in Illinois and Kentucky also do not provide for adequate characterization of aquifers and do not require adequate long term monitoring. A number of other commenters similarly expressed concerns about the effectiveness of Indiana's program. One public interest group commenter provided information on minefilling regulations in Germany as a model for EPA.

Response: The summary table " State Regulation of Mine Placement of Coal Combustion Wastes" in the docket documents the Agency's review of the extensive information on state minefill regulatory programs. The Agency concludes that many states where this practice is occurring do not have protective programs in place. We find gaps such as a lack of adequate controls and lack of restrictions on unsound practices, e. g., no requirement for ground water monitoring and no geochemically based control or prohibition of waste placement in the aquifer. As noted above, the Agency will develop future regulations to have minimal effect on those states that are effectively overseeing minefilling operations to ensure protection of human health and the environment. We will consult with all stakeholders as we develop the regulations. In response to commenters who cited the Department of Interior's Office of Surface Mining ( OSM) and their responsibilities under the Surface Mine Control and Reclamation Act ( SMCRA), we recognize that under SMCRA, OSM has broad authority to ensure proper reclamation of surface mines. Other commenters have noted alleged weaknesses in the SMCRA. While we have not conducted a comprehensive review of existing SMCRA authorities or implementation of those authorities by OSM and authorized states, EPA is committed to ensuring that any necessary improvements are made in the management of these wastes under the appropriate legal authorities. Specifically, EPA will work closely with OSM in developing subtiltle D regulations ( and, as noted elsewhere, may pursue with OSM revision to OSM regulations) to ensure that minefill activities are adequately addressed." Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 45 VII  45 Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 46 VII  46 VII. MINEFILL C. Adequacy of Existing Regulations Verbatim Commenter Statements State EPA's typically regulate the mine placement applications with oversight and advice from the state's department of natural resources or mines. Such a regulatory arrangement is prudent as well as economical. ( OSU00015)

For these reasons, OCDO firmly believes that existing state regulatory bodies are in the best position to review and regulate local uses of CCPs. ( ODOD00017)

Practices are currently subject to industry best management practices and state regulatory controls that are effective. ( IEU000018)

With respect to mine placement of CCP in Indiana, the Department of Natural Resources has full Surface Mining Conservation and Reclamation Act ( SMCRA) authority. ( IEU00018)

Since 1992, Indiana has operated under a policy memorandum governing the use of CCP as minefill. In 1998, formal rules were proposed and preliminarily adopted by the Indiana Natural Resources Commission in November of 1998. Final approval of these rules is expected in late 1999 but will be held in abeyance until the EPA Bevil Phase II regulatory determination is completed. ( IEU00018)

ARIPPA believes that there is an adequate regulatory framework in existence in the States to insure the proper management of coal combustion wastes. The States have developed their programs to meet the unique aspects of their States. In addition, the States also have developed coal mining programs that meet the requirements of the federal Surface Mining Control and Reclamation Act, which requires the States to evaluate the impact of mining and reclamation on the environment, including the hydrologic balance and the ability to revegetate the mine land. ( ARIPPA00019)

States have developed coal mining permit programs that meet the requirements of the federal Surface Mining Control and Reclamation Act, which requires the States to evaluate the environmental impacts of not only mining, but reclamation, including the hydrologic balance and the ability to revegetate the mine land. The majority of the beneficial uses of FBC ash addressed by EPA's Report were related to mine reclamation. As a matter of state and federal mining law, such reclamation must be approved as part of a mining permit issued pursuant to the federal Surface Mining Control and Reclamation Act. ( ARIPPA00019)

Pennsylvania has a comprehensive environmental program that has been developed and implemented under which coal combustion wastes are regulated and managed. ( ARIPPA00019) Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 47 VII  47 Pennsylvania's environmental regulatory programs, including its coal mining regulatory programs ( which have received delegation of primacy under the federal Surface Mining Control and Reclamation Program), and the implementation of its other comprehensive environmental regulatory programs provide the necessary regulatory framework to adequately control the management of coal combustion wastes in minefill and mine reclamation programs. ( ARIPPA00019)

DOE believes that environmental protection concerns with respect to minefilling of CCW at active surface mines are best addressed at the State level. ( DOE00020)

As with active surface mines, the minefilling of CCW in active underground mines is likely to be overseen by one or more State agencies. These agencies typically require the chemical properties of the CCW materials to be characterized, and some type of environmental monitoring at the mine site to be conducted as part of the permit( s) associated with the underground mining operation. However, the hydrogeologic settings associated with underground mine operations are often far more complex than for surface mines and the monitoring program needed to adequately assess the environmental effects of underground minefilling will necessarily be very site specific. The relative rarity of such applications suggests that State agencies should be able to address them successfully on a case by case basis. Therefore, DOE believes that the development of Subtitle C controls for minefilling of CCW in active underground mines would be unlikely to provide a higher level of protection of human health and the environment than existing regulatory mechanisms at the State level. If local concerns indicate that existing environmental protections with respect to minefilling of CCW at active underground mines need to be strengthened, these concerns are best addressed at the State level, within the agencies that are already responsible for ensuring the acceptable environmental performance of the active mining operation. ( DOE00020)

A review of selected state regulations indicates that satisfactory procedures have been implemented at the state level under the authority of Subtitle D of RCRA for environmentally safe and technically sound uses of CCPs in agricultural applications. ( ACAA00022)

The regulatory approaches used by the several states selected for review demonstrate not only that agricultural applications of CCPs are satisfactorily regulated at the state level, but also that further regulation at the federal level is not needed. ( ACAA00022)

It does not appear that EPA fully considered that minefilling and soil amendments at mine sites require site specific individual permits under Pennsylvania law. Much more significant, however, is that EPA apparently has not considered that significant regulatory controls are required and exercised by the states under the Federal Surface Mining Conservation and Reclamation Act. ( PG& E00023)

EPA's discussion of existing state and regulatory controls focuses on waste regulations. It omits any discussion of the State and Federal Surface Mining Conservation and Reclamation Acts major regulatory program that particularly affects all mining relating uses. ( PG& E00023)

While there are concerns that must be addressed in the utilization of CCPs at mine sites, those concerns are recognized and addressed by the existing state and federal regulatory regimes. ( NMA00024) Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 48 VII  48 States are adequately regulating the beneficial use and disposal of CCPs, including use for agricultural purposes and use and disposal in minefill. ( NMA00024)

We believe that the data demonstrate that the use of ash does not result in groundwater degradation when used in accordance with the regulations and guidance in effect in Pennsylvania. This result is the same whether the ash placement is within or above the water table. ( PADEP00025)

The IMCC supports the recommendations that the Subtitle C exemption be retained for these materials in minefill applications. We urge you to affirm that state regulatory authorities should continue to regulate placement of coal ash at minesites under existing state programs. We believe it is important that state specific conditions are addressed to assure environmentally safe and effective ash handling, since this cannot be most effectively legislated on a broad national basis. ( IMCC00027)

The existing state programs under SMCRA provide the necessary environmental safeguards to protect the hydrologic balance and the public. ( IMC00027)

The WRAG would urge the Agency not to implement federal regulations under Subtitle C for agricultural or minefill applications of CCBs and believes that current local oversight adequately addresses the issues raised by the Agency. ( WRAG00030)

We believe that site specific conditions merit individual review. This review should be conducted by local and state regulators rather than the Agency. ( NCE00031)

EPA regulatory guidance may not be flexible enough to permit state and local agencies to approve these applications when site specific situations pose little or no threat to public health or the environment. ( NCE00031)

It is our opinion that these engineered guidelines adequately address the use of CCBs in above ground minefills and therefore no additional guidance by the Agency is needed. Furthermore, ASTM is developing two new standards that call for the use of CCBs in minefill applications, both above ground and underground. When issued, these standards will likewise provide adequate environmental guidance for this use and minimize the need for any new regulations. ( NCE00031)

In conclusion, New Century Energies strongly believes that sufficient guidance is available at the state and local level pertaining to applications of CCBs in agricultural and minefill applications. ( NCE00031)

Overall, it is my opinion that the existing federal/ state regulatory programs as described above do allow for, and in fact require, sufficient testing and appropriate management practices of coal fly ash and related CCPs when utilized in both mined land and agricultural environments. I do realize that state regulatory packages for CCPs vary, but all states must comply with SMCRA requirements for active surface mining permitted areas. ( VAT00033)

State regulators are best equipped to respond to the site specific issues of mine placement. ( USWAG00037) Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 49 VII  49 The fact that EPA has found no proven damage cases indicates that the combination of sound management practices and existing regulatory oversight has responsibly addressed any significant risks that might exist. ( USWAG00037)

The lack of damage cases indicates that sound management practices and State regulations are adequate to insure protective placement of CCPs. To be sure, `[ m] ost state regulations and practices favor placement of materials above the water table." Nonetheless, the states recognize the complexity and diversity of potential mine placement projects, and in response, " most regulations allow for the consideration of placement in saturated settings, given appropriate hydrogeology and favorable results from leaching and characterization tests." EERC cited the example of North Dakota's standards for the use of fly ash based flowable fill for abandoned underground mines in saturated settings. Wyoming allows the placement of bottom ash in saturated settings in the Black Thunder mine contingent on favorable leaching test results. Similarly, Illinois and Indiana allow placement at or below the water table dependent upon site specific considerations. Pennsylvania regulations currently include restrictions on placement near the water table. However, it is significant to note the State is reconsidering that restriction based on the positive results of a demonstration project conducted by Penn State. ( USWAG00037)

EPA should not interfere with the State programs without a clear demonstration that the existing state based regulatory structure is inadequate to protect human health and the environment. To the contrary, the case studies cited above indicate that the environment has benefitted from these projects conducted under existing state regulatory authority. ( USWAG00037)

States have the ability to develop effective landfill, mine reclamation, and agricultural programs. ( ISG00048)

CIBO disagrees with any suggestion that national regulation should supplant or duplicate State regulation, for sound policy and practical reasons. Controls should be site and applicationspecific as ash reuse is already governed by State regulation, and not through Subtitle C comprehensive federal regulation. Nor does CIBO believe that a voluntary program is necessary; as already stated, States have their own regulatory programs governing the use of ash and its disposal in minefills. ( CIBO00052)

Regulatory programs already exist which consider site specific criteria for ash use in mine reclamation, and this should continue for proper control of this application. ( CIBO00052)

Disposal of CCBPs in an active surface mine is regulated by two state agencies, the Texas Natural Resource Conservation Commission ( TNRCC) and the Railroad Commission of Texas ( RCT), with oversight from the U. S. Interior Department Office of Surface Mining Reclamation and Enforcement ( OSMRE). ( TXU00053)

By contrast, IDNR believes regulation under Subtitle C would promote a " one size fits all" approach that will discourage recycling of coal ash and thereby encourage the continued placement of coal ash in Indiana's floodplain environments. We urge you to affirm that state regulatory authorities should continue to regulate placement of coal ash in mine sites under existing state programs. ( IDNR00062) Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 50 VII  50 In both cases, I believe EPA should look to the states for regulatory oversight of these activities, and, in fact, many states already have robust regulatory programs tailored to their local circumstances. ( BCHRL0002)

In addition, state regulatory programs are demonstrably more than adequate to address any risks posed by the use and disposal of CCPs; the states have clearly recognized how beneficial the various uses including agricultural and minefill uses  can be. ( WVDEPL0003)

The ACAA and PP& L believe the beneficial use of coal ash as minefill is being effectively managed in Pennsylvania under existing regulatory mechanisms and that Federal controls are unnecessary and may even thwart these beneficial initiatives. ( PHS013)

The ACAA and PP& L believe that minefill should be left to the states to regulate, based on statespecific needs and priorities. ( PHS013)

The data demonstrates that the use of ash does not result in groundwater degradation when used in accordance with the regulations and guidance in effect in Pennsylvania. In many cases, the use of ash resulted in a significant improvement of water quality. ( PADEP00246)

EPA has done much in recent years to eliminate conflictive and inconsistent regulations which reduced program effectiveness and impeded environmental improvements. The agency also has voiced its willingness to let states manage environmental programs where such management is both protective and effective. I submit that action by EPA to apply RCRA regulation to the beneficial use of waste coal ash in mine reclamation would directly contravene these policy objectives. ( PA00247)

The Pennsylvania Department of Environmental Protection ( DEP) comprehensively regulates use of the ash in reclamation and soil amendments; and no adverse impacts have been discovered despite a decade of monitoring. ( EPACAMR00248)

On behalf of the Eastern PA Coalition for Abandoned Mine Reclamation ( EPCAMR), we believe that PA has ample and effective waste disposal and arrangement regulations already in place. ( EPACAMR00248)

The state Department of Environmental Protection ( DEP) comprehensively regulates use of ash in reclamation and soil amendments and no adverse impacts have been discovered despite a decade of monitoring. ( PCLP00249)

The state Department of Environmental Protection ( DEP) comprehensively regulates use of ash in reclamation and soil amendments and no adverse impacts have been discovered despite a decade of monitoring. ( G& L00252)

I believe that Pennsylvania has ample and effective waste disposal and management regulations already in place. ( G& L00252) Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 51 VII  51 Pennsylvania's Department of Environmental Protection ( DEP) comprehensively regulates use of ash in reclamation and soil amendments and no adverse impacts have been discovered despite a decade of monitoring. ( PA00253)

As the Sub Committee Chairman on Mining of the Environmental Resources and Energy Committee, I believe that Pennsylvania has ample and effective waste disposal and management regulations already in place. ( PA00253)

The state Department of Environmental Protection ( DEP) comprehensively regulates use of ash in reclamation and soil amendments and no adverse impacts have been discovered despite a decade of monitoring. ( CIN00254)

As the operator of the Westwood Generating Station and a member of ARIPPA, I believe that Pennsylvania has ample and effective waste disposal and management regulations all ready in place. ( CIN00254)

The state Department of Environmental Protection ( DEP) comprehensively regulates use of ash in reclamation and soil amendments and no adverse impacts have been discovered despite a decade of monitoring. ( EPC00255)

As the Plant Manager of Ebensburg Power Company, I believe that Pennsylvania has ample and effective waste disposal and management regulations already in place. ( EPC00255)

These are the very same principles midwestem mines have used since the inception of the Surface Coal Mining Reclamation Act to dispose of acid producing and toxic forming mine waste and spoil materials in the mining pits below the water table to meet the Act's requirement to prevent or minimize potential acid or toxic mine drainage. This method of disposal has proven successful over the past twenty years in eliminating or reducing harmful mine drainage which occurred at surface coal mines prior to implementation of SMCRA. Disposal of these coal mine wastes would not be possible otherwise. The same is true for disposal of coal ash at surface coal mines. ( ICC00269)

Air Products and Chemicals, Inc. believes that both California and Pennsylvania have ample and effective environmental management programs applicable to the use of CFB ash. ( AIRP00270)

The beneficial use of ash for mine reclamation is regulated in Pennsylvania by PaDEP. Under PaDEP permits, the ash must be tested prior to placement, and the groundwater must be monitored at the ash placement site. The data demonstrates that ( 1) the concentrations of arsenic and other metals in the ash are lower than the TCLP standards, and in many or most cases are within the range of concentrations in the surrounding native soils; ( 2) arsenic and other metals leach from the ash at a far lower rate than native soils; and ( 3) the groundwater at the sites generally shows either no change or an improvement to background conditions. ( ARIPPA00273)

PaDEP's comments to EPA noted that data from the nearly 100 mine sites throughout Pennsylvania where ash has been used as a supplement for soils or minefill demonstrate that " the use of ash does not result in groundwater degradation when used in accordance with the regulations and guidance Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 52 VII  52 in effect in Pennsylvania." The three volumes of supporting data submitted by PaDEP provide ample data to support PaDEP's conclusions. ( ARIPPA00273)

The docket is replete with descriptions of states regulatory programs that have evolved to monitor environmental effects of coal ash use. Moreover, the mining uses are comprehensively regulated by EPA's sister agency, the Office of Surface Mining. PG& E Gen believes that EPA regulation would be duplicative and burdensome, without corresponding public benefit. ( PG& E00274)

There is no discussion in the Report and little in the docket regarding the significant regulatory role of the Office of Surface Mining in administering the Surface Mining Conservation and Reclamation Act, which creates preemptive federal authority over the regulation of all surface mining activities. As noted in our initial comments, surface mining activities under the act specifically include mining reclamation. Environmental protection, particularly from impacts upon water resources was a principal reason for the adoption of the federal mining laws, and prevention and minimization of water pollution from mining is a primary purpose of the regulatory program administered by OSM. ( PG& E00274)

The state Department of Environmental Protection ( DEP) comprehensively regulates use of ash in reclamation and soil amendments and no adverse impacts have been discovered despite a decade of monitoring. ( FW00277)

As Plant Manager of the Foster Wheeler Mt Cannel facility, I believe that Pennsylvania has ample and effective waste disposal and management regulations already in place. ( FW00277)

OSM shares EPA's concerns regarding the potential for contamination of groundwater and surface pathways from the use of some CCBs in mine reclamation. We believe that is possible that certain CCBs and associated materials may exhibit hazardous characteristics or pose unacceptable risks in some situations. However, we know of many examples where CCBs have been an integral part of successful reclamation under both Title IV and Title V. There is an extensive inventory of completed projects, and there are a number of ongoing projects in various stages of completion. As the EPA states in its report, the environmental benefits achieved through this reclamation have been extensive. In all of these projects, OSM and the States have ensured that tie potential environmental and health and safety impacts of CCBs were evaluated. The enclosed copies of papers on successful reclamation were presented at national AML meetings highlighting the use of CCBs. ( OSM00283)

The Pennsylvania Department of Environmental Protection has monitored these sites and concluded that the application of coal ash in accordance with state requirements does not degrade water resources. In some cases, the use of the coal ash has actually improved the water quality. ( PA00293)

At this time, the EPA should not be hindering their efforts with burdensome and unnecessary regulations. ( PA00293)

As a member of the House Environmental Resources and Energy Committee, I believe that Pennsylvania already has effective management and beneficial use regulations in place for this use. ( PA00296) Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 53 VII  53 As the General Manager of a waste coal  fueled electric generation station, the Gilberton Power Company, I believe that we have amply and effectively demonstrated the successful balance between economic issues and environmental concerns through adherence to the Pennsylvania regulations for CFB ash disposal and beneficial use and can see no benefit to the expansion of RCRA to include waste coal CFB ash and mixtures of coal ash with other fuel ash produced in a CFB. ( GPC00297)

The state Department of Environmental Protection ( DEP) comprehensively regulates use of ash in reclamation and soil amendments and no adverse impacts have been discovered despite a decade of monitoring. ( KCC00298)

As Vem Kerry, President of Kerry Coal Company, Inc., I believe that Pennsylvania has ample and effective waste disposal and management regulations already in place. ( KCC00298)

The state Department of Environmental Protection ( DEP) comprehensively regulates use of ash in reclamation and soil amendments and no adverse impacts have been discovered despite a decade of monitoring. ( SMC00299)

As Vern Kerry, President of Shamrock Minerals Corporation, I believe that Pennsylvania has ample and effective waste disposal and management regulations already in place. ( SMC00299)

As a State Senator, I believe that PA has ample and effective waste disposal and management regulations already in place. ( PA00300)

The Pennsylvania Department of Environmental Protection ( DEP) comprehensively regulates use of ash in reclamation and soil amendments with no discovered adverse impact over a decade of monitoring. ( PA00301)

I believe that Pennsylvania has ample and effective waste disposal and management regulations in place. ( PA00301)

The state Department of Environmental Protection ( DEP) comprehensively regulates use of ash in reclamation and soil amendments and no adverse impacts have been discovered despite a decade of monitoring. ( PA00302)

I believe that Pennsylvania has ample and effective waste disposal and management regulations already in place. ( PA00302)

While the EPA teeters over this decision, the Pennsylvania Department of Environmental Protection ( DEP) has, for over a decade, comprehensively overseen and regulated the use of ash in reclamation and soil amendments, monitoring and testing the use of ash and finding no adverse effects or impacts during this time period. ( PA00305)

The state Department of Environmental Protection ( DEP) comprehensively regulates use of ash in reclamation and soil amendments and no adverse impacts have been discovered despite a decade of monitoring. ( ACV00307) Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 54 VII  54 As President of ACV Power Corporation. I believe that Pennsylvania has ample and effective waste disposal and management regulations already in place. ( ACV00307)

The state Department of Environmental Protection ( DEP) comprehensively regulates use of ash in reclamation and soil amendments and no adverse impacts have been discovered despite a decade of monitoring. ( TEGI00308)

As a Plant Manager and local resident I believe that Pennsylvania has ample and effective waste disposal and management regulations already in place. ( TEGI00308)

As a member of the Pennsylvania House of Representatives, I believe that Pennsylvania has ample and effective waste disposal and management regulations already in place. ( PA00368)

The PA State Department of Environment of Protection ( DEP) comprehensively regulates the use of ash in reclamation and as soil amendments with no adverse impacts despite a decade of monitoring. ( AMI00372)

As President and Owner of Amerikohl Mining, Inc., I believe that Pennsylvania has ample and effective waste disposal and management regulations already in place. ( AMI00372)

We believe that Pennsylvania has ample and effective waste disposal and management regulations already in place. ( PAL0001)

The beneficial use of ash for mine reclamation is regulated extensively in Pennsylvania by the Department of Environmental Protection ( DEP). Under DEP permits, the ash must be tested prior to placement, and the groundwater at the reclamation sites generally shows either no change or an improvement, often significant, to background contamination in over a decade of monitoring ash samples and downgradient waster. ( PMRABL0003)

The beneficial use of ash for mine reclamation is regulated extensively in Pennsylvania by the Department of Environmental Protection (" PaDEP"). Under PaDEP permits, the ash must be tested prior to placement, and the groundwater must be monitored at the ash placement site. The data demonstrates that the groundwater at the reclamation sites generally shows either no change or an improvement, often significant, to background conditons. The use of ash for mine reclamation has not resulted in groundwater contamination in over a decade of monitoring ash samples and downgradient waster. ( PCCL0007)

The application of CFB ash in this reclamation work is regulated by federal and state agencies under the Surface Mining Conservation and Reclamation Act of 1977 ( SMCRA). I believe that this act and the monitoring requirements undertaken through its administration by state agencies are effective in the long term management of CFB ash in mine reclamation uses. ( LRCAXXXX)

In addition, the Office of Surface Mining ( OSM), Indianapolis Field Office, conducted a study in 1997 to determine whether the Indiana Division of Reclamation was properly administering its surface mining program responsibilities by requiring all operators to develop effective handling, disposal, and monitoring plans to ensure the protection of the hydrologic balance. After reviewing Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 55 VII  55 all thirteen mine permits that allowed the placement of CCP at mine sites, the OSM study concluded that Indiana was properly administering the mine placement of CCP. ( IEU00018)

Attached as Appendices B and C to these comments are the German laws ( in German and English) that regulate minefilling of wastes, including coal combustion wastes. We present this material as a model for EPA in considering whether and how to regulate the minefilling of the range of comanaged FFC wastes. ( ALA00292)

One defining feature of mine dumping practices can be their size and scale. For example, in two years the Indiana Department of Natural Resources ( IDNR) granted permits to fourteen active strip mines with coal combustion waste disposal plans that explicitly authorized as much disposal capacity ( 100 million tons) as the entire annual generation of CCW in the nation. ( HEC00056)

Note that, there is no claimed acid neutralization benefit purported in any of these minefill permits. The pH of spoil waters in these mines is typically neutral to alkaline. There is also no contouring, revegetation, or reduced infiltration to mine workings being undertaken with CCW in these permits. ( HEC00056)

Other features that are often the case with minefills include the lack of good characterization of potentially affected ground water systems, the lack of leachate collection, the dumping of wastes directly into ground water, very little ground water monitoring, typically no long term ground water monitoring and little if any corrective action standards or requirements. ( HEC00056)

There is little if any aquifer specific information in Indiana's strip mining permits. The state does not require that different aquifers be sampled individually for quality, or that bale tests or pump tests be performed on aquifers individually to determine their permeability, rate of flow or connections with other aquifers. ( HEC00056)

Indiana's current minefill practices and its proposed minefill rule allow ash that leaches metals and other constituents well beyond what is detrimental to human health, other life or uses of water, to be dumped into mines without any steps to prevent or minimize contact of that ash with ground water. ( HEC00056)

We have seen minefilling operations in Illinois and Kentucky under permits that have not defined the ground water systems well enough to effectively protect them. ( HEC00056)

Nonetheless there are fundamental differences in how RCRA's solid waste requirements and the requirements of SMCRA are being applied to protect the environment from CCW in this case. One major difference is in the test used to characterize the CCW. We have insisted that for any leachate test to indicate whether a CCW is toxic forming, it must be designed to simulate the leachate likely to form from CCW in the mine environment. This is crucial because unlike the requirements in Indiana's solid waste landfill rules ( modeled under RCRA Subtitle D guidelines), IDNR has steadfastly refused to support any engineered containment in its minefiiling rule that would separate the waste from ground water in a mine. Thus the only safeguard that the proposed rule will use to prevent contact between ground water and ash that is toxic forming will be the results of the rule's leachate test. Unfortunately, it appears that IDNR and the electric utilities do not want to use a test that can competently forwarn of environmental risk, perhaps because it might Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 56 VII  56 necessitate a few safeguards. Their minefilling rule will utilize the ASTM D 3987 85 leach test with distilled water. ( HEC00056)

Indiana is permitting mining operations today that are several thousand acres and larger with only a few ( 5 to 10) monitoring wells. Subsection 310 IAC 12 5. 161( b) of its proposed rule will require no monitoring wells around backfilled CCW areas other than those monitoring wells already required by the mining operation. ( HEC00056)

In addition, 310 IAC 12 5 161( c) confines placement of monitoring wells around monofills to " unmined strata no more than 300 feet from the coal extraction area." This allows down gradient wells to be placed many hundreds if not thousands of feet from the monofills. ( HEC00056)

Indiana's proposed monitoring systems are far less adequate than those requiring wells to be within 250 feet of a CCW disposal site in a Kentucky strip mine ( see 401 KAR 45: 160), at the closest practical point from CCW disposal site in an Ohio strip mine ( see OAC 3745 30 08) and within 25 feet of a disposal site in an Illinois strip mine ( see IL Ground Water Protection Act and Environmental Protection Act and 35 IAC 620). ( HEC00056)

The first area concerns the fact that minefill permits are being issued without any ground water standards that would trigger corrective actions if exceeded. ( HEC00056)

Related to this concern is the fact that Indiana and other states engaged in minefilling such as Illinois and Kentucky are not extending the period for holding reclamation bonds at mines that have become CCW dumps. In many of these situations, the mines are dewatered sites drawing ground water inward from all directions in large cones of depression. In such scenarios involving large mines with slow recharge rates, long resaturation periods means that monitoring wells may be pulled out of the ground long before they could measure the quality of waters leaving CCW disposal sites. ( HEC00056)

From 1982 till 1993, I worked with Save Our Cumberland Mountains ( SOCM) in Tennessee and spent a lot of time tracking the federal Office of Surface Mining's ( OSM) very poor enforcement of any protections against impacts to groundwater resources. ( NPCA00259)

I think relying on the strip mining industry to police itself is not a good course of action. ( CITZ00262)

At the current time, Indiana is considering a state rule that will allow dumping of millions of tons of CCW into unlined strip mines in direct contact with groundwater. ( CITZ00265)

Unfortunately, mining firms and government regulatory agencies are allowing utilities to dump toxic CCW in mine pits. ( CITZ00271)

Many coal field states have begun the practice of dumping CCW into unlined strip mines in direct contact with groundwater. In addition to the numerous problems coal field residents already face, many now have to deal with the dumping of millions of tons of toxic forming solid waste directly into the very aquifers that feed their wells. ( SIERRA00278) Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 57 VII  57 EPA's present report should state clearly to Congress that SMCRA regulations do not allow, or have in place, that surface coal mining operations' procedures for reclamation sites be used at waste disposal sites. Any effort to change current reclamation rules and regulations will take years in Congress, under the rules of the Office of Surface Mining Reclamation and Enforcement, and create an unfunded mandate by EPA. A National Ban on CCW waste disposal is a better way to address the problem in the long run. ( SOCM00279)

Many states have begun allowing the dumping of CCW into unlined strip mines in direct contact with groundwater. In addition to the serious problems coal field residents already face, many now have to deal with the dumping of millions of tons of toxic forming solid waste directly into the very aquifers that supply their wells. ( CITZ00284)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00285)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give estates a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00286)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00287)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00289)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00290)

In Indiana, where disposal sites need not be located and recorded, this opens the possibility of health issues not related to water quality should residential sites be located in abandoned coal fields. Again, additional data exploring all aspects of this issue need to be further examined. ( PURD00294)

Our state has furthermore embarked on a disastrous path in that our Governor is welcoming the millions of tons more of east coast harbor and river muds and sediments. Once more, under the mixed rule  these are ` blended' with more incinerator ash  sky high in lead, cadmium and other dangerous materials  and brought into our state to spread on strip mined land. EPA's own National Sediments Survey called these muds Priority One  most likely to be heavily Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 58 VII  58 contaminated with DDT, mercury, PCBs. Yet thanks to the weak and getting weaker regulations on coal combustion wastes  all this additional polluted material is heralded as magically ` beneficial.' ( PEACE00306)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00311)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00312)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00313)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00314)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00316)

I am concerned about the proposed state rule in Indiana which would allow for the dumping of Coal Combustion Wastes ( CCW) into the strip coal mines here in southwestern lndiana with direct contact with ground water. ( CITZ00317)

Indiana is currently considering a state rule that will allow millions of tons of CCW to be dumped into unlined strip mines in direct contact with ground water. ( CITZ00318)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00318)

Indiana is currently considering a state rule that will allow millions of tons of CCW to be dumped into unlined strip mines in direct contact with ground water. ( CITZ00319)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 59 VII  59 of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00319)

Indiana is currently considering a state rule that will allow millions of tons of CCW to be dumped into unlined strip mines in direct contact with ground water. ( CITZ00320)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00320)

Indiana is currently considering a state rule that will allow millions of tons of CCW to be dumped into unlined strip mines in direct contact with ground water. ( CITZ00321)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00321)

Indiana is currently considering a state rule that will allow millions of tons of CCW to be dumped into unlined strip mines in direct contact with ground water. ( CITZ00322)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00322)

Indiana is currently considering a state rule that will allow millions of tons of CCW to be dumped into unlined strip mines in direct contact with ground water. ( CITZ00323)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00323)

Indiana is currently considering a state rule that will allow millions of tons of CCW to be dumped into unlined strip mines in direct contact with ground water. ( CITZ00324)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00324)

Indiana is currently considering a state rule that will allow millions of tons of CCW to be dumped into unlined strip mines in direct contact with ground water. ( CITZ00325) Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 60 VII  60 The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00325)

Indiana is currently considering a state rule that will allow millions of tons of coal combustion waste to be dumped into direct contact with ground water. ( CITZ00327)

Indiana is too lax in control of protecting our drinking water, as well as irrigation water. ( CITZ00329)

Indiana, noted for its lax environmental regulations, is considering allowing millions of tons of CCW to be dumped into unlined stripe mines in direct contact with ground water. ( CITZ00330)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00331)

Mining can have profound effects on the quality and quantity of water in ground water systems. Mining regulators often have little appreciation for impacts on ground water resources. ( HEC00332)

Apparently, EPA would like to rely on state regulatory agencies to properly and fully regulate CCW dumping in mines and on the utility and mining industry to do thorough analyses and present complete data and plans. It doesn't work that way. ( HEC00332)

In all five [ mine reclamation permits], almost identical boiler plate language was used to describe the geologic conditions, the geochemistry of sites and effects on groundwater after mining. None contained the detailed site specific analysis required before a responsible determination can be made of the existence and integrity of the clay layer to prevent downward migration of water. Not one contained any analysis  much less acknowledgment  that water moves sideways and downgradient. ( HEC00332)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater. ( NCSEA00334)

Indiana is currently considering a state rule that will allow millions of tons of CCW to be dumped into unlined strip mines in direct contact with ground water. ( CITZ00336)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact without concern for the consequences. ( CITZ00336) Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 61 VII  61 In addition, counties should be forced to take upon the responsibility of running water lines to all citizens who live in less populated areas giving them the access of clean drinking water instead of relying on ground water which is being threatened by CCW. ( CITZ00336)

Toward the end of these discussions, I realized that the fix was in. The polluters  primarily Indiana electric power utilities and various coal companies around the state  had coerced state officials to draft rules that were much more lenient than our neighboring states of Ohio, Illinois and Kentucky. ( CITZ00338)

At the present time, it seems we cannot rely on the O'Bannon administration or local elected officials to do anything to protect the public interest in this regard. ( CITZ00338)

RCRA Subtitle C requirements for hazardous wastes should be applied to the practice of dumping CCW in strip mines. If this step is not implemented, it will give this state's Department of Natural Resources and the Natural Resources Council the green light to continue to move toward turning the Southwestern corner of this state into the industrial dumping ground for the region's power companies. ( CITZ00338)

I am writing to request that the EPA enact federal regulations that will prevent coal combustion waste ( CCW) from contaminating the water supply in the state of Indiana and, indeed, the United States of America. It is my understanding that a state rule is under consideration in Indiana that will permit millions of tons of CCW to be dumped into unlined stripmines in direct contact with groundwater. I believe that if this is allowed then the contamination of groundwater in these areas is only a matter of time. ( CITZ00339)

Indiana is currently considering a state rule that will allow millions of tons of CCW to be dumped into unlined strip mines in direct contact with ground water. ( CITZ00340)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00340)

Indiana has no legislation to prohibit combustion ash and all of its heavy metals from being reburied in mines in Indiana. In fact, I understand that the industry promotes this dumping as a practice. Since there are no " lime" requirements in Indiana our potable water supply may be at risk. ( CITZ00341)

The other Midwestern states that are high coal burners for power plants have been able to come up with hazardous waste laws governing this matter. To data I understand the overseers  [ name not legible] / Water Quality personnel for our Department of Natural Resources State Department  have succumbed to corporate pressures to encourage refilling coal mines in his area with coal ash. ( CITZ00341)

I am convinced that open dumping of CCW that has no restrictions on it is poisoning my drinking water. ( CITZ00342) Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 62 VII  62 Indiana is currently considering a state rule that will allow millions of tons of CCW to be dumped into unlined strip mines in direct contact with ground water. ( CITZ00343)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00343)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle c requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00344)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00345)

Unfortunately. mining firms and government regulatory agencies are allowing utilities to dump toxic CCW in mine pits. ( CITZ00347)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00348)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00350)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00351)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00352)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00353) Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 63 VII  63 The practice of dumping CCW in strip mines should be regulated under RCIL4 Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00354)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00355)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00356)

The practice of dumping CCW in strip mines should be regulated under RCRA Subtitle C requirements for hazardous wastes. To do any less will give states a green light to dump millions of tons of CCW into direct contact with groundwater without concern for the consequences. ( CITZ00357)

Many coal field states have begun the practice of dumping CCW into unlined strip mines in direct contact with granddaughter. ( POW00369)

We have noticed that many permits applications in Indiana for the original coal mine operations list as a benefit that the excavation will break up the water bearing strata so that the resulting basin can serve as a source of potable water after the mine is reclaimed and the basin fills up with ground water. Later a permit modification is filed to allow for the disposal of the CCW and then the previously mentioned benefit is dropped and the claim is made that there is not enough water to backfill the waste. The fact that the Indiana Division of Reclamation accepts this permit shell game is a good indicator of why EPA needs to provide adequate guidance through this report. ( POW00369)

I am concerned about the new plans to dispose of 125 million tons of coal combustion waste in unlined Indiana mines. Fourteen permits have been issued. They include no safeguards to protect nearby aquifers. Two dumps near Michigan City, have been tested and one was found to have 100 times the safe level of arsenic. The other has 21 times the safe level of lead. These permits were approved in contradiction to stated department policy and federal laws governing the use of mines. ( CITZL0011)

Many coal field states have begun the practice of dumping CCW into unlined strip mines in direct contact with ground water. In West Virginia this grossly compounds problems we already face from the coal industry. ( CITZL0013)

You will also find an editorial from the Terre Haute Tribune Star which criticizes the Indiana CCW mine disposal rule as bing too weak to adequately protect groundwater resources. This sediment has been echoed in editorials in the Indianapolis Star, Bloomington Herald Times, Evansville Courier and Sullivan Daily Times that have official positions against the state rule in Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 64 VII  64 its current form for failing to provide read protection of groundwater resources. Thus every major newspaper in Indiana's coal field region has come out against the rule and the Indianapolis Star, Evansiville Courier, and Bloomingtion Herald Times have each editorialized twice calling for more protective regulation. ( HECL0014)

I think relying on the strip mining industry to police itself is letting the fox into the henhouse. Allowing coal combustion wastes to be returned to former strip mines is adding insult to the injury they've already done to the land. These wastes seeping into the ground water and possible commingling other industrial wastes with them is an unacceptable answer. ( CITZL0015)

Additionally, MCC feels that the materials discussed in the March 1999 Document are properly and duly regulated at the State level. Any attempt to impose Federal restrictions over and above what the States already impose is inappropriate and an ill advised attempt to implement a " one size fits all" regulatory approach to materials that are as varied as the sources producing them. ( MCC00051) Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 65 VII  65 VII. MINEFILL D. Benefits of Minefilling Some industry, academic, state government, and federal agency commenters stated that minefilling typically has no adverse environmental impact. Other commenters further articulated a wide range of benefits associated with minefill projects ranging including avoided greenfield development for disposal areas, mineland subsidence control and acid mine drainage controls. A few commenters claimed that minefills may be preferable to other disposal practices and hence minimize environmental release of FFC waste constituents. Other commenters suggested that FFC wastes are similar or superior to other natural materials ( e. g., soils) used in minefilling.

One federal government commenter shared EPA's concern about the potential risks of minefilling in some cases, but stated that, in many examples, the projects provided substantial environmental benefits. Public interest group commenters similarly stated that minefilling may be appropriate in some instances and inappropriate in others. An academic commenter stated that, while returning CCW to underground coal mines has fundamental merit as landfills become more scarce, EPA should study the toxicity and environmental impacts of these projects more closely before reaching a decision.

In general, public interest group and citizen commenters expressed concern that minefilling poses a threat to human health and the environment. The commenters characterized minefills as open dumps that are used to avoid landfill disposal costs, not provide environmental benefits. Two commenters stated that the presumption of idealized circumstances for disposal at coal mines is a myth due to the complex fractured hydrogeology of mine sites. One of these commenters stated that, under Indiana's regulatory program, minefilling of large volumes is authorized with no claimed acid neutralization benefit and no plan for contouring, revegetation, or reduced infiltration. The commenter also stated that, contrary to the claims of minefill supporters, fire clay allegedly underlying sites does not provide a natural liner; neutralization of acid mine drainage is not always adequately planned or achieved by FFC waste ( or necessary in the first place), and contamination from disposal of CCW can substantially worsen even ground water quality that has already been degraded by mining.

Another commenter stated that some of the claims made by minefill supporters are exaggerated. Specifically, the commenter stated that, while FFC wastes can improve environmental problems caused by abandoned mines, they still result in degraded groundwater conditions. Furthermore, the solutions created by FFC wastes often are not permanent. The other public interest group commenter stated CCW is not needed for mine site contouring and the presumed benefit of avoiding greenfield development is absurd.. The commenter also stated that failure to regulate minefilling on a national basis would expose the industry to an open ended web of liability.

Response: We believe that the use of coal combustion wastes to remediate mine lands can, depending on the site specific hydrological and geochemical conditions, improve conditions caused by mining activities. We also recognize that this often is the lowest cost option for conducting these remediation activities. We generally encourage the practice of remediating mine lands with coal combustion wastes when minefilling is conducted properly and when there is adequate oversight of remediation activities. We continue to be concerned about certain aspects of Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 66 VII  66 minefilling and about a general lack of information that would enable us to assess the current state of this practice with more certainty.

At this time, we cannot reach definitive conclusions about the adequacy of minefilling practices employed currently in the United States and the ability of government oversight agencies to ensure that human health and the environment are being adequately protected. For example, it is often difficult to determine if existing groundwater quality has been impacted by previous mining operations or as a result of releases of hazardous constituents from the coal combustion wastes used in the minefilling applications. Additionally, information submitted during the public comment period cautions that if the chemistry of the mine relative to the chemistry of the coal combustion wastes is not properly taken into account, the addition of coal combustion wastes can lead to an increase in hazardous metals released into the environment. Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 67 VII  67 VII. MINEFILL D. Benefits of Minefilling Verbatim Commenter Statements The following benefits have been identified: ° The alkalinity of CCP mitigate the negative environmental impacts caused by acid mine drainage. ° CCP are similar in composition to the natural materials found at mine sites and are therefore readily acclimated into the subsurface environment through adsorption, attenuation, dispersion, and dilution processes. ° The post mining environment is disturbed by the coal extraction process. By utilizing CCP for minefill, the need for additional, undisturbed green field areas for CCP storage can be reduced. ° The use of CCP as minefill will minimize the need for borrow materials required for mine reclamation activities performed pursuant to Surface Mining Control and Reclamation Act regulations. ( IEU00018)

The data analyzed to date indicate that the placement of CCW in surface mines may contribute to the control of acid formation, and that trace element concentrations are not significantly elevated at down gradient sampling points. ( DOE00020)

Many FBC boilers burn coal refuse economically; the haulback of the FBC ash to the mine site is often looked upon very favorably by the State because the FBC ash generally contains far fewer contaminants than the coal refuse, and often contains significant amounts of free lime, which helps neutralize acid forming materials that are commonly found in the coal refuse. Regrading of unstable slopes and establishment of vegetation and erosion controls at the coal refuse site also occurs as a natural consequence of the minefilling operation. The operation is thus viewed by the State as a means of achieving environmental remediation at no cost to the taxpayer. ( DOE00020)

While acknowledging that CCPs can contain trace elements of metals, the WVU researchers, based on monitoring of soils and plants, concluded that the trace elements in plants were not present " at levels toxic to animals or humans". Overall, their conclusion was that " there are very limited chances of food chain contamination by use of coal ash" and " that it is safer to use coal ash on mine soil than to dispose of it in landfills." Id. ( NMA00024)

Thus, the data does not support EPA's concern for disposal below the water table ( a condition that eventually exists many years later at every disposal site in Indiana after the mined area has hydrologically recharged). Moreover, based on Dr. Banaszak's comments, disposal below the water is probably preferred, due to the attenuative capacity of mine spoils, particularly for arsenic. ( NMA00024)

Other members have found that CCBs can be used safely in lieu of virgin materials in mine backfill, as grout in mine injection projects and to remediate acid mine drainage situations. These applications reduce the need for new landfill space and permit recycling of a material that substitutes successfully for other materials. ( WRAG00030) Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 68 VII  68 Mine placement is generally a beneficial and environmentally protective use of CCPs. ( USWAG00037)

Mine placement is a desirable and proven means to address some mine reclamation problems without additional environmental impacts. ( USWAG00037)

In fact, CCP mine placement is often the only cost effective way of dealing with some of the existing problems and can result in a net reduction in contaminant loading. ( USWAG00037)

CCPs have been used effectively to provide the following benefits, among others, to mined environments: ° as a grout to stabilize underground mined areas, fill voids and reclaim land lost to productive use; ° as a fill material to return surface mined areas to grade, control acid mine drainage, and condition soils; ° as a topical soil amendment to improve soil chemical and physical properties to recultivate mine area soils; ° as a capping material; ° to neutralize pooled underground acidic mine waters; ° to prevent further acidification of mine waters; and ° to reduce oxidation of pyrites present in coal refuse and coal cleaning residues. ( USWAG00037)

Thus, the disposal of coal ash in surface coal mine pits is distinctly different from the typical utility or industrial site where the coal ash is placed in fills or impoundments above ground ( often in floodplains where extensive surficial aquifers may be present). The so called " groundwater" present in the mined has already been highly mineralized by the disturbance caused by mining. Moreover, certain constituents with high attenuative capacity are present in the mine spoil to a much greater degree than in typical surficial soils present at other disposal sites. Additionally, these attenuative constituents are present in large quantities in surface mined areas due to the large amounts of overburden which must be removed to extract the coal. Finally, the confinement of the mine spoil water during recharge and the length of time to complete this process ensures maximization of dilution and attenuation processes to reduce the already minimal concentrations of coal ash leachate constituents. ( ICC00269)

The chief environmental benefits of the Anthracite region's [ waste coal plants] are 1) removal of the coal refuse banks and silt ponds and 2) reclamation of strip mined lands through disposal, compaction, and grading of alkaline ash from the fluidized bed boilers. The nine facilities discussed here have already consumed many millions of tons of anthracite " culm" and silt, and it is likely in the 40 year useful life of the plants as much as 250 million tons could be ultimately removed from the landscape. As to filling in of the old strip mines  in 53.0 plant years of operation the nine plants have so far generated a volume of ash sufficient to reclaim about 250 acres of strip mined lands. This suggests that in the 360 plant years of operation projected for these facilities, they will produce enough ash to reclaim nearly 1700 acres. ( ARIPPA00273)

Another significant and beneficial environmental impact of the [ waste coal] facilities arises from the fact that several of them neutralize and demineralize acid waters from the underground mine Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 69 VII  69 pools for use as cooling tower make up, boiler feed make up, and ash moisture control. This results in the removal of contaminated mine water that could otherwise ultimately find its way to surface outflows. In addition, recent analyses of the mine pool utilized by the Wheelabrator Frackville Cogeneration plant indicate a marked decrease in the overall iron content since start up. ( ARIPPA00273)

Through 1998, Pennsylvania's 14 waste coal plants collectively have removed over 56 million tons of coal refuse from Pennsylvania's landscape, and have used the 37 million tons of resulting alkaline ash to reclaim nearly 2,300 acres of abandoned surface mines. Appendix II. Nearly all of the ash generated by Pennsylvania's waste coal plants is beneficially used for mine reclamation. The 2,300 acres of abandoned surface mines were reclaimed at no cost to taxpayers and at no cost to the abandoned mine land (" AML") fund administered by the federal Office of Surface Mining (" OSM"). The estimated benefit of the reclamation work completed to date, which is performed under regulation by the Commonwealth's Department of Environmental Protection (" PaDEP"), is $ 46 million. If this reclamation work is allowed to continue without regulation under Subtitle C of RCRA, Pennsylvania's waste coal plants expect to reclaim on average an additional 400 acres every year, with an estimated savings to taxpayers of $ 8 million annually. ( ARIPPA00273)

The beneficial use of ash for mine reclamation is regulated in Pennsylvania by PaDEP. Under PaDEP permits, the ash must be tested prior to placement, and the groundwater must be monitored at the ash placement site. The data demonstrates that ( 1) the concentrations of arsenic and other metals in the ash are lower than the TCLP standards, and in many or most cases are within the range of concentrations in the surrounding native soils; ( 2) arsenic and other metals leach from the ash at a far lower rate than native soils; and ( 3) the groundwater at the sites generally shows either no change or an improvement to background conditions. ( ARIPPA00273)

The state Department of Environmental Protection ( DEP) comprehensively regulates use of ash in reclamation and soil amendments and no adverse impacts have been discovered despite a decade of monitoring. ( FW00277)

By reclaiming these sites, the electric generating power industry is also eliminating many potential safety and health hazards in the community. These waste sites pose a threat of accidental fires, and they are sometimes used as trash dumps or recreational areas for people using all terrain vehicles. ( FW00277)

To date, more than 2,300 acres have been cleaned up, saving Pennsylvania residents nearly $ 46,000,000. ( FW00277)

The state Department of Environmental Protection ( DEP) comprehensively regulates use of ash in reclamation and soil amendments and no adverse impacts have been discovered despite a decade of monitoring. ( KCC00298)

By reclaiming these sites, the electric generating power industry is also eliminating many potential safety and health hazards in the community. These waste sites pose a threat of accidental fires, and they are sometimes used as trash dumps or recreational areas for people using all terrain vehicles. ( KCC00298) Comment Summary and Response Document Report to Congress: Wastes from the Combustion of Fossil Fuels April 2000 70 VII  70 To date, more than 2,300 acres have been cleaned up, saving Pennsylvania residents nearly $ 46,000,000. ( KCC00298)

The state Department of Environmental Protection ( DEP) comprehensively regulates use of ash in reclamation and soil amendments and no adverse impacts have been discovered despite a decade of monitoring. ( SMC00299)

By reclaiming these sites, the electric generating power industry is also eliminating many potential safety and health hazards in the community. These waste sites pose a threat of accidental fires, and they are sometimes used as trash dumps or recreational areas for people using all terrain vehicles. ( SMC00299)

To date, more than 2,300 acres have been cleaned up, saving Pennsylvania residents nearly $ 46,000,000. ( SMC00299)