Subchapter C. COAL ASH CERTIFICATION
Sec.
290.201. Coal ash certification.
290.202. Revocation of certification.
290.203. Exceedance of certification requirements.§ 290.201. Coal ash certification.
(a) Certification standards are as follows:
(1) Maximum acceptable leachate levels for certification:
(i) For metals and other cations other than selenium, 25 times the waste classification standard for a contaminant.
(ii) For selenium, 10 times the waste classification standard.
(iii) For nonmetals and anions other than sulfate and fluoride, the waste classification standard for a contaminant.
(iv) For sulfate, 10 times the waste classification standard.
(2) The pH of coal ash must be 7.0 or above.
(3) For coal ash used as an alkaline additive, the calcium carbonate equivalency, as determined by the Neutralization Potential Test in the Department’s Overburden Sampling and Testing Manual (Noll, et al., 1988) or other method approved by the Department, must be a minimum of 100 parts per thousand (10% by weight).
(4) For coal ash used as a low permeability material, the hydraulic conductivity of the coal ash must be 1.0 x 10-6 cm/sec or less based on hydraulic conductivity testing using ASTM D 5084 (Standard Test Method for Measurement of Hydraulic Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter) or other method approved by the Department. Hydraulic conductivity testing should use compaction and other preparation techniques that will duplicate the expected conditions at the mine site.
(5) The Department may approve the addition of lime or cement to coal ash to achieve the requirements of this subsection. Use of these conditioners must be designated as part of the request in subsection (b).
(b) A request by the generator for coal ash certification must contain the following information on a form provided by the Department:
(1) The name and location of the generator of the coal ash.
(2) A designation of the beneficial use or uses for which certification is requested.
(3) A description of the generation process specific to the generator, including the combustion process, and pollution control processes that impact the chemical characteristics or physical properties of the coal ash, the fuel sources utilized, and the expected percentages of coal ash derived from different processes that will be incorporated into the final coal ash stream to be delivered to the beneficial use site.
(4) A description of the physical properties and chemical characteristics of any material mixed with the coal ash, the extent of mixing, and the mixing methods used.
(5) A detailed chemical analysis on at least four representative samples spaced throughout a 2 to 6-month sampling period within the last year that fully characterizes the composition of the coal ash. The chemical analysis must include:
(i) Total concentrations for aluminum, antimony, arsenic, barium, beryllium, boron, cadmium, calcium, chromium, cobalt, copper, iron, lead, magnesium, manganese, mercury, molybdenum, nickel, potassium, selenium, silver, sodium, sulfur, thallium, vanadium and zinc using methods found in EPA’s ‘‘Test Methods for Evaluating Solid Waste, Physical/Chemical Methods’’ (EPA Publication No. SW-846) or comparable methods approved by the Department.
(ii) Leachable concentrations for aluminum, ammonia, antimony, arsenic, barium, beryllium, boron, cadmium, calcium, chloride, chromium, cobalt, copper, fluoride, iron, lead, magnesium, manganese, mercury, molybdenum, nickel, nitrate, nitrite, potassium, selenium, silver, sodium, sulfate, thallium, vanadium and zinc using methods found in EPA’s ‘‘Test Methods for Evaluating Solid Waste, Physical/Chemical Methods’’ (EPA Publication No. SW-846) or comparable methods approved by the Department. Leachate concentrations must be determined using EPA Method 1312, the synthetic precipitation leaching procedure, unless another leaching procedure is required by the Department.
(iii) pH using the soil and waste pH method found in EPA’s ‘‘Test Methods for Evaluating Solid Waste, Physical/Chemical Methods’’ (EPA Publication No. SW-846) or comparable methods approved by the Department.
(iv) Information to show that the laboratory making a chemical analysis for the application is in compliance with 27 Pa.C.S. Chapter 41 (relating to environmental laboratory accreditation).
(6) A laboratory analysis for optimum moisture content and dry density (Standard or Modified Proctor Test).
(7) An analysis of hydraulic conductivity reported in cm/sec.
(8) A determination of neutralization potential as determined by the Neutralization Potential Test in the Department’s Overburden Sampling and Testing Manual (Noll, et al., 1988) or other method approved by the Department.
(9) A detailed description of the sampling methodology used, date the samples were taken, and name and contact information of the person performing the sampling.
(10) Other physical or chemical testing results, if required for the particular beneficial uses being proposed.
(c) The Department will review the certification request and notify the generator in writing of the Department-assigned certification identifier or the reason that the source was not certified for beneficial use.
(d) If the coal ash is certified, the generator shall submit regular monitoring information to demonstrate that the coal ash continues to meet the requirements for certification. This information shall be submitted on dates specified by and on forms provided by the Department. At a minimum, monitoring requirements shall consist of the following:
(1) At least one representative sample analysis of the coal ash submitted every 3 months.
(2) Collection of a representative sample for analysis whenever there is a change in operation of the combustion unit generating the coal ash or a change in the fuel source that could result in a significant increase in a coal ash chemical parameter or a change in physical properties that could adversely impact slope stability, compaction characteristics or site hydrology.
(3) Prior to January 31, a yearly report that includes the weight in dry tons of coal ash produced for beneficial use in the previous calendar year, an estimate of the volume in cubic yards and the locations, such as mine sites, where the coal ash was delivered.
(e) The coal ash generator shall notify the Department of any changes to the information filed in the certification application or of any evidence that the coal ash may not meet certification requirements.
Cross References This section cited in 25 Pa. Code § 290.101 (relating to general requirements for beneficial use); 25 Pa. Code § 290.102 (relating to use as structural fill); 25 Pa. Code § 290.103 (relating to use as a soil substitute or soil additive); 25 Pa. Code § 290.104 (relating to beneficial use at coal mining activity sites); 25 Pa. Code § 290.105 (relating to beneficial use at abandoned mine lands); 25 Pa. Code § 290.106 (relating to other beneficial uses); 25 Pa. Code § 290.202 (relating to revocation of certification); and 25 Pa. Code § 290.203 (relating to exceedance of certification requirements).
§ 290.202. Revocation of certification.
(a) The Department will revoke certification for a source of coal ash if any of the following occur:
(1) The generator fails to comply with monitoring requirements as described in § 290.201(d) (relating to coal ash certification).
(2) The coal ash exceeds certification standards and the generator fails to make an acceptable demonstration as described in § 290.203 (relating to exceedance of certification requirements).
(3) There are physical or chemical characteristics that make the coal ash unsuitable for beneficial use.
(b) If certification is revoked, the coal ash cannot be used at a coal mining activity site or an abandoned mine land site in this Commonwealth unless the generator requests recertification under subsection (c) and the coal ash is recertified by the Department.
(c) The generator of coal ash that had its certification revoked may request recertification. For certification to be reinstated, the generator shall demonstrate to the Department’s satisfaction that:
(1) A detailed chemical analysis on three recent monthly representative samples establish that the coal ash meets the certification requirements.
(2) There are no other physical or chemical characteristics that make the coal ash unsuitable for beneficial use.
§ 290.203. Exceedance of certification requirements.
(a) If the coal ash sample analysis results exceed any certification standard, the generator shall submit to the Department within 30 days of receiving the results of exceedance the following:
(1) In the case of laboratory error, documentation and an explanation from the laboratory of the type of error. This information shall be accompanied by a corrected sample analysis or additional sample results demonstrating that the coal ash meets the requirements in § 290.201(a) (relating to coal ash certification).
(2) A demonstration that the sample analysis is anomalous by providing the following:
(i) A comparison of the anomalous sample with prior coal ash samples.
(ii) Additional sample results demonstrating that the coal ash meets the criteria.
(iii) A plan for temporary increase in coal ash monitoring.
(iv) An explanation of the cause of the exceedance and how further exceedances will be avoided.
(b) If the generator demonstrates to the satisfaction of the Department that the exceedance is an anomaly, the coal ash may continue to be beneficially used. Failure to provide this demonstration will result in revocation of beneficial use certification for the source.
Cross References This section cited in 25 Pa. Code § 290.202 (relating to revocation of certification).
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