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E Side-by-Side Comparison of RCRA to SMCRA S taff from the Office of Surface Mining, Reclamation and Enforcement (OSM) (within the U.S. Department of Interior) and the U.S. Environmen- tal Protection Agency (EPA), Office of Solid Waste, prepared the follow- ing side-by-side comparison in 2002. The Committee utilized this side-by-side, and its own comparisons, in its deliberations. The document compares the lan- guage and approach of RCRA and SMCRA as they relate to the possible regula- tion of CCR placement in mines. The side-by-side includes citations from SMCRA and RCRA rules. For RCRA, it presents potential approaches, typical of RCRA, that might be used if RCRA D regulations are proposed. For SMCRA, it offers citations of current actual rules, with some interpretive additions (often in bold), and/or commentary, to show how SMCRA might be interpreted to cover CCR use in reclamation, or how language might be amended to address CCRs specifically. RCRA References SMCRA References I. Groundwater Monitoring I. Groundwater Monitoring The owner/operator is to monitor ground- A groundwater monitoring program should water on-site to detect adverse impacts of be done against a backdrop of site-specific ash placement on on-site groundwater such background data. For that reason, extensive that the owner/operator will have opportunity information is required on the hydrologic to intervene to avoid adverse impacts on and geologic conditions of a proposed permit off-site users and uses of groundwater, site. This information includes existing including users and uses of surface waters wells, seasonal rainfall amounts, stream affected by groundwater. flows, groundwater levels and other items that can be used in modeling and predicting 229

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230 MANAGING COAL COMBUSTION RESIDUES IN MINES RCRA References SMCRA References impacts to the permit area and adjacent areas during and after mining. This is the probable hydrologic consequences (PHC) part of the permit document. The regulatory authority, as part of the process, is then required to provide a cumulative hydrologic impact assessment (CHIA). The information collected allows determination of a site-specific monitoring plan for groundwater and surface waters. Rather than using a "one size fits all" approach that may under sample one permit while over sampling another, the monitoring program can fit the site and the situation as known. All known factors are required to be included in the PHC determination and the CHIA. Therefore, coal combustion byproduct placement as minefill is required in the analysis with adjustments to groundwater monitoring on a site-specific basis. SMCRA References: 30 CFR Part 777.15 Completeness Of Application Parts 779.11, 783.11 Environmental Resources Parts 779.18, 783.18 Climatological Information Parts 779.21(a), 783.21(a) Soil Resources Parts 779.24, 783.24 General Features Parts 779.24(g), 786.24(g) Surface Water Movement Parts 779.25(a)(6), 783.25(a)(6) Groundwater Parts 779.25(a)(7), 783.25(a)(7) Surface Water Bodies And Structures Parts 779.25(a)(9), 783.25(a)(9) Identification of Placement Areas Parts 780.21, 784.14 Hydrologic Information Parts 780.22, 784.22 Geologic Information Parts 780.21(f) & 784.14(e) Probable Hydrologic Consequences Parts 780.21(g) & 784.14(f) Cumulative Hydrologic Impact Assessment

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APPENDIX E 231 RCRA References SMCRA References A. Well Design and Deployment: The A. Well Design and Deployment: The purpose of monitoring wells is to allow the required groundwater monitoring (including acquisition of ground-water samples from well design, installation, sampling, and which adverse impacts on groundwater could maintenance) is permit specific. A be detected. Wells too few in number or groundwater monitoring plan is required that which are located or screened in the wrong is based on the PHC determination and the horizontal or vertical planes may fail to analysis of all (all includes all coal produce samples that adequately characterize combustion material (CCB) placement) impacts on groundwater. Location is critical hydrologic, geologic, and other information to the ability to detect effects of ash in the permit application. The plan must placement before the effects can spread provide for the monitoring of parameters widely, thereby adversely affecting current provide for the monitoring of parameters or future uses of the water resource. groundwater for current and approved post- mining uses. The plan shall provide for the RCRA References: monitoring of parameters (including Part 258.51(a), (c), and (d) Well design parameters necessary to evaluate the an deployment impact of CCB placement) that relate to the suitability of the groundwater for current and approved post-mining land uses and to the objectives for protection of the hydrologic balance. It will identify the quantity and quality parameters to be monitored, sampling frequency, and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance. The data is to be submitted to the RA at least every 3 months for each monitoring location. All water quality analysis must be conducted according to the methodology of the 15th edition of "Standard Methods for the Examination of Water and Wastewater," or the methodology of 40 CFR Parts 136 and 434. The RA may require additional monitoring [30 CFR 780.21 and 816.41(c)]. The OSM technical reference on Permitting Hydrology outlines the detailed well information required for all groundwater baseline information used to determine the PHC. SMCRA References: 30 CFR Part 780.21 Hydrologic Information Parts 780.21(i), 784.14(h) Groundwater Monitoring Plan Parts 816.41(c), 817.41(a) Groundwater Monitoring Parts 780.23(b), 784.15(b) Post-Mining Land Use

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232 MANAGING COAL COMBUSTION RESIDUES IN MINES RCRA References SMCRA References B. Parameters: Samples are to be analyzed B. Parameters: The required groundwater for specific constituents, which will detect monitoring (including identification of and define adverse impacts on groundwater parameters) is permit specific. The plan must and for which valid statistical comparisons provide for the monitoring of parameters can be made among well samples to detect that relate to the suitability of the adverse impacts. Of particular concern in groundwater for current and approved post- defining and detecting adverse impacts are mining uses. The plan shall provide for the the 8 metals, which define the RCRA monitoring of parameters (including toxicity characteristic (arsenic, barium, parameters necessary to evaluate the cadmium, chromium, lead, mercury, impact of CCB placement) that relate to the selenium, and silver). Additionally, boron suitability of the groundwater for current and and aluminum are of concern because they approved post-mining land uses and to the are often associated with ash. objectives for protection of the hydrologic balance. Based on the PHC, it must identify RCRA References: Part 261.24 Toxicity the quantity and quality parameters to be characteristic metals; Part 258.54(a) and monitored, sampling frequency, and site Appendix I Monitoring parameters locations (including the parameters necessary to evaluate the impact of CCB placement). It shall describe how the data may be used to determine the impacts (including the potential toxicity levels of any CCB specific parameters that would impact the use of the groundwater) of the operation upon the hydrologic balance. The data is to be submitted to the RA at least every 3 months for each monitoring location. The RA may require additional monitoring [30 CFR 780.21 and 816.41(c)]. SMCRA References: 30 CFR Parts 780.21(i), 784.14(h) Groundwater Monitoring Plan Parts 816.41(c), 817.41(a) Groundwater Monitoring Part 780.21 Hydrologic Information Parts 780.23(b), 784.15(b) Post-Mining Land Use C. Frequency: Samples are to be acquired C. Frequency: The required groundwater and analyzed at a frequency, which will monitoring (including frequency of provide early warning of adverse impacts on sampling) is permit specific. The water use. Without regulation, samples may groundwater monitoring plan will identify be obtained so infrequently as to allow the quantity and quality parameters to be adverse impacts to go undetected, thereby monitored, sampling frequency, and site jeopardizing off-site users/uses. The owner/ locations (including the sampling operator may use groundwater flow and frequency necessary to evaluate the attenuation studies to seek re-definition of impact of CCB placement). It shall the sampling frequency. describe how the data may be used to determine the impacts (including the

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APPENDIX E 233 RCRA References SMCRA References RCRA References: Part 258.53(c) and (f) frequency of sampling of any CCB specific and Part 258.54(b) Monitoring frequency parameters that would impact the use of the groundwater) of the operation upon the hydrologic balance. The data is to be submitted to the RA at least every 3 months for each monitoring location. The RA may require additional monitoring [30 CFR 780.21 and 816.41(c)]. SMCRA References: 30 CFR Parts 780.21(i), 784.14(h) Groundwater Monitoring Plan Parts 816.41(c), 817.41(a) Groundwater Monitoring D. Duration: Samples are to be acquired and D. Duration: Performance bond liability will analyzed over the time period for which the be for the duration of the surface coal effects on groundwater from ash placement mining and reclamation operation and for a could be reasonably expected to be measured period which is coincident with the or observed; i.e., considering aquifer recharge operator's period of extended responsibility times and rate of migration of groundwater for successful revegetation (10 years after through and away from the placed ash. This establishment of vegetation in areas with time period may extend beyond the less than 26" precipitation; 5 years after completion of reclamation and the time of establishment of vegetation in areas with bond release for the overall mine site (see more than 26" precipitation) or until Section IX, below, on Post-closure achievement of the reclamation requirements maintenance). Where the owner/operator can of the Act, regulatory programs, and permit, demonstrate that there is no longer a which ever is later (this would include potential for adverse impacts from the determination of compliance with the placed ash, monitoring may cease. hydrologic performance standards at 30 CFR 816.41(a, b, and h) and 816.42. Performance RCRA References: Part 258.50(b) standards related to the protection of Suspension of monitoring; Part 258.61(a), groundwater must include that all mining (b), and (e) Duration of post-closure and reclamation activities shall be conducted period to minimize disturbance of the hydrologic balance within the permit and adjacent areas, to prevent material damage to the hydrologic balance outside the permit area, to assure the protection or replacement of water rights, and to support the approved post-mining land uses in accordance with the terms and conditions of the approved permit. Any person who conducts surface mining activities shall replace the water supply of an owner of interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source, where the water supply

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234 MANAGING COAL COMBUSTION RESIDUES IN MINES RCRA References SMCRA References has been adversely impacted by contamination, diminution, or interruption proximately (defined as a result that directly produces and event and without which the event would not have occurred) resulting from the surface mining activities. Discharges of water from areas disturbed by surface mining activities shall be made in compliance with all applicable State and Federal water quality laws and regulations and with the effluent limitations for coal mining promulgated by the U.S. EPA set forth in 40 CFR Part 434. SMCRA References: 30 CFR Part 800.13 Period of Liability Parts 816.131(2)(i) & (3)(i) Bonding Period and Annual Precipitation Parts 816.41(a),(b) & (h) Hydrologic- Balance Protection Part 816.42 Water Quality Standards and Effluent Limitations II. Performance Standards II. Performance Standards Regulations can require compliance with All mining and reclamation activities shall either specific operating practices or be conducted to minimize disturbance of the performance standards. Where operating hydrologic balance within the permit and practices (which include practices for design adjacent areas, to prevent material damage and construction operations, as well as (defined as a loss of physical property) to practices for operation of the facility) are the hydrologic balance outside the permit specified, the owner/operator is restricted to area, to assure the protection or replacement the specified practices. Where performance of water rights (assure the continuation of standards are specified, the owner/operator pre-mining water use either by leaving it has flexibility to use creative design, unchanged or by replacement), and to construction, and operational approaches and support the approved post-mining land uses need only be concerned with compliance in accordance with the terms and conditions with the performance level specified. For of the approved permit. Any person who minefill practices, the performance standard conducts surface mining activities shall approach is preferred in order to allow replace the water supply of an owner of increased flexibility. Performance standards interest in real property who obtains all or are specified here for ground-water impacts part of his or her supply of water for only. domestic, agricultural, industrial, or other legitimate use from an underground or surface source, where the water supply has been adversely impacted by contamination (a change in water quality that would render it no longer acceptable for the pre-mining use), diminution, or interruption proximately (defined as a result that directly produces and event and without which an event would

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APPENDIX E 235 RCRA References SMCRA References not have occurred) resulting from the surface mining activities. Earth materials and runoff will be handled in a manner that minimizes (any effect of mining and reclamation would be at a level that would reduce the pre- mining potential for use of the resource) acidic, toxic, or other harmful infiltration to groundwater systems and by managing excavations and other disturbance to prevent or control the discharge of pollutants into the groundwater. Discharges of water from areas disturbed by surface mining activities shall be made in compliance with all applicable State and Federal water quality laws and regulations and with the effluent limitations for coal mining promulgated by the U.S. EPA set forth in 40 CFR Part 434 [30 CFR 816.41 and 816.42] SMCRA References: 30 CFR Part 701.11(d) Application of Standards Parts 816.41 Hydrologic-Balance Protection Parts 816.41(h), 817.41(j) Water Rights and Replacement Part 816.42 Water Quality Standards and Effluent Limitations Parts 816.95 Stabilization of Surface Area Part 780.18(b)(9) Description of Pollution Control Part 780.15 Fugitive Dust Control Practices A. Maximum Contaminant Levels (MCLs): A. Maximum Contaminant Levels (MCLs): For the 8 RCRA "toxicity characteristic" Discharges of water from areas disturbed by metals listed in item I.B. above, the MCLs surface mining activities shall be made in specified under the Safe Drinking Water Act compliance with all applicable State and serve as the ground-water performance Federal water quality laws and regulations standard for mine placement of ash. The and with the effluent limitations for coal facility is to be operated so that it does not mining promulgated by the U.S. EPA set cause ground-water quality to exceed the forth in 40 CFR Part 434. The groundwater MCLs. The point at which compliance is monitoring plan included in the mine permit demonstrated is to be no more than 150 shall provide for the monitoring of meters from the ash placement boundary and parameters that relate to the suitability of the located on the facility property. groundwater for current and approved post- mining land uses and to the objectives for RCRA References: protection of the hydrologic balance set forth Part 141 MCLs; in 30 CFR 780.21(h). It shall identify the Part 258.40(d) Point of compliance; quantity and quality parameters to be Part 258.2 Definition of "boundary" monitored, sampling frequency, and site

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236 MANAGING COAL COMBUSTION RESIDUES IN MINES RCRA References SMCRA References locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance. At a minimum, total dissolved solids or specific conductance corrected to 25 degrees C, pH, total iron, total manganese, and water levels shall be monitored and data submitted to the regulatory authority at least every three months for each monitoring location. The regulatory authority may require additional monitoring. See also, I.A. Parameters and II. Performance Standards. SMCRA References: 30 CFR Part 780.21(i) Ground-Water Monitoring Plan Part 816.41 Hydrologic-BalanceProtection Part 816.42 Water Quality Standards and Effluent Limitations B. Non-degradation: B. Non-degradation: There are likely to be situations where the See II and II.A. above. facility owner/operator can demonstrate that groundwater within 150 meters of the outermost boundary of placed ash or for potential placement of ash exceeds the MCLs solely for reasons other than impact of the ash; i.e., background levels attributable to prior mining activity or some up-gradient phenomenon unrelated to ash placement. Where this situation exists, the measured high background levels would be an affirmative defense for measured exceedences of the MCL performance standards. In such cases, the performance standard would be no degradation beyond the measured high background levels, rather than no exceedence of the MCLs. RCRA References: Part 258.53(e) Statistical procedures for detecting contamination; Part 258.40(d) Point of compliance; Part 258.2 Definition of "boundary"

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APPENDIX E 237 RCRA References SMCRA References III. Prohibitions III. Prohibitions Because of the permanent, irreversible nature No permit application or application for a of mine placement of ash, and the more significant revision of a permit shall be fragile character of certain environments, approved unless the applicant affirmatively specific prohibitions are appropriate to demonstrates and the regulatory authority protect human health and the environment. (RA) finds, in writing, on the basis of information set forth in the application, or from information otherwise available that is documented in the approval, that: (1) the application is complete and accurate and that the applicant has complied with all requirements of the Act and regulatory program; (2) the applicant has demonstrated that reclamation as required by the Act and the regulatory program can be accomplished under the reclamation plan contained in the permit; and (3) the RA has made an assessment of the Probable Cumulative Impacts of all anticipated coal mining on the hydrologic balance in the cumulative impact area and has determined that the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area. SMCRA References: 30 CFR Part 773.15 Written Findings for Permit Application Approval A. Aquifer Avoidance: A. Aquifer Avoidance: Ash is not to be placed in direct contact with An aquifer is defined as a zone, stratum, or an aquifer unless the owner/operator can group of strata that can store and transmit demonstrate in advance that placement will water in sufficient quantities for a specific have no adverse impact on ground-water use. quality. As in 40 CFR Part 259, "aquifer" means a geologic formation, group of See II. Performance Standards and IV. formations, or portion of a formation capable Permitting/Planning. of yielding significant quantities of groundwater to wells or springs. SMCRA References: 30 CFR Part 701.05 Definitions RCRA References: Part 258.2 Definition of "aquifer" B. Unacceptable Ash Characteristics: B. Unacceptable Ash Characteristics: Ash characteristics vary as a result of coal Toxic-forming materials are defined as earth composition and combustion practices. Ash materials or wastes which, if acted upon by may demonstrate characteristics, which air, water, weathering, or microbiological indicate that they are not compatible with processes, are like to produce chemical or mine placement. When characterized by the physical conditions in soils or water that are

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238 MANAGING COAL COMBUSTION RESIDUES IN MINES RCRA References SMCRA References method described below, ash, which detrimental to biota or uses of water. Mine produced an unacceptable leachate quality is operations must conduct their activities to not to be placed in mines. Unacceptable minimize disturbance of the hydrologic leachate quality may be defined as exceeding balance within the permit and adjacent areas, the MCLs for the 8 RCRA toxicity prevent material damage to the hydrologic characteristic metals identified in item I.B., balance outside the permit area, assure the above, and/or exceeding appropriate limits protection or replacement of water rights, for other constituents of concern, such as and support approved postmining land uses boron and aluminum. in accordance with the terms and conditions 1. Method: To test ash for unacceptable of the approved permit and the performance characteristics, the ash is to be subjected standards in 30 CFR Ch. VII, subchapter K. to a 30-day leaching by water representative of the groundwater to Encapsulation can be used for acid and toxic which the ash would be exposed at the forming material exposed, used or produced mine. during mining. This material must be 2. Frequency: Ash received for mine adequately covered with nontoxic material or placement shall be tested for treated to control the impact on surface and unacceptable characteristics every 6 groundwater to minimize adverse effects on months and when the source of coal or plant growth and the approved postmining combustion changes. land use. RCRA References: Part 261.24 Toxicity See also, II. Performance Standards and IV. characteristic metals; Part 141 - MCLs Permitting/Planning. SMCRA References: 30 CFR Part 816.41(f) Toxic-Forming Materials Parts 816.102(f), 817.102(f) Encapsulation Parts 780.21, 784.14 Hydrologic Information Parts 780.22, 784.22 Geologic Information Parts 780.21(f) & 784.14(e) Probable Hydrologic Consequences Parts 780.21(g) & 784.14(f) Cumulative Hydrologic Impact Assessment Part 816.41 Hydrologic-Balance Protection Part 816.42 Water Quality Standards and Effluent Limitations C. Location Restrictions: Due to their C. Location Restrictions: particular sensitivities, sites of specific Each permit application must include a characteristics are not amenable to the description of the existing, pre-mining permanent and irreversible nature of ash environmental resources within the proposed placement and cannot be used for ash permit area and adjacent areas that may be placement. affected or impacted by the proposed surface 1. Flood Plain: Because they are more mining activities. The permit application prone to washout, areas within the must include the following baseline 100-year flood plain are not appropriate information upon which the mining and for ash placement. Furthermore, reclamation plan must be based: placement in the 100-year flood plain

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APPENDIX E 239 RCRA References SMCRA References could dangerously restrict the flow of General Environmental Resources waters at the 100-year or more frequent Information including the cultural, design level and/or reduce the storage historic, and archeological resources, capacity of the flood plain so as to pose 30 CFR 779.12. a hazard to human health or the Climatic Information, 30 CFR 779.18. environment. Vegetation Information, 30 CFR 779.19. 2. Wetlands: Wetlands are sensitive areas Soils Resource Information, 30 CFR of surface water, which often serve as 779.21. habitats of protected species. At mine Maps: General Requirements, 30 CFR sites ash is not to be placed in surface 779.24. water or wetland in violation of State or Cross Sections, Maps and Plans, 30 CFR Federal law or in a manner that would 779.25. jeopardize an endangered or threatened Fish and Wildlife Resources, 30 CFR species or critical habitats or in a 779.16. manner that would degrade wetlands. Hydrologic Information, 30 CFR 780.21, 3. Fault Areas: It is not possible to project (including flood plains, critical receptors how ash placed in a mine site would such as water wells, dams, streams, react when subjected to major ground water intake structures, and wetlands) disturbances characterized by faults. including: Because of the potential for fault o Sampling and analysis methodology movements to expose ash to o Groundwater and surface water unanticipated forces (e.g., surface water baseline information flows and washout) and subsequently o Cumulative impact area jeopardize human health or the environ- information ment, ash is not to be placed within 60 o Modeling or statistical analysis meters of faults that have experienced may be required displacement during the Holocene Epoch. o Alternate water sources 4. Seismic Impact Zones: Seismic move- o PHC ments can cause ash to unexpectedly o CHIA contact surface or groundwaters, with o Hydrologic reclamation plan subsequent harm to human health or the o Surface and groundwater environment. To help avoid this, ash is monitoring plan not be placed in seismic impact zones. Geologic Information, 30 CFR 780.22, These are areas having a 10 percent or including: greater probability that the maximum o PHC expected horizontal acceleration of hard o All potential acid and toxic rock, expressed as a percentage of the forming strata to just below coal earth's gravitation pull (g), will exceed seam 0.10g in 250 years. o Description of the geology 5. Unstable Areas: Placement of ash in (Detailed guidance is given in the unstable areas can cause unexpected OSM Permitting Hydrology exposure of ash to ground or surface reference including structural waters, with subsequent harm to human geologic features such as folding health or the environment. To help avoid and faulting, strike and dip, and this, ash is not to be placed in unstable joints and fractures related to Fault areas. Unstable areas are locations areas, Seismic Impact Zones, and susceptible to natural or human-induced Unstable areas) in the proposed events or forces capable of impairing the permit and adjacent areas down to integrity of some or all of the natural or just below the coal seam or any

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242 MANAGING COAL COMBUSTION RESIDUES IN MINES RCRA References SMCRA References 30 CFR Part 701.11(d) Application of Standards Part 773 Permits and Permit Processing Requirements Part 777.15 Completeness of Application Part 778.17 Permit Term Part 779.11 Characterization of Environmental Resources Part 779.1, 780.1, 783.1, 784.1 Scope of Requirements for Permit Application. Parts 779.2, 780.2, 783.2, 784.2 Objectives of Informational Requirements for Permitting A. Acid-Base Balance: A. Acid-Base Balance: Where ash is placed for the purpose of All mining and reclamation activities shall providing a source of alkalinity to counteract be conducted to minimize disturbance of the a known acidic water environment, the hydrologic balance within the permit and owner/operator is to calculate an acid-base adjacent areas, to prevent material damage balance to demonstrate that, for the design (defined as a loss of physical property) to life, the ash will provide adequate alkalinity the hydrologic balance outside the permit to irreversibly achieve the intended acid area, to assure the protection or replacement mitigation. of water rights (assure the continuation of pre-mining water use either by leaving it RCRA References: None, generally not unchanged or by replacement), and to applicable to RCRA waste management units support the approved post-mining land uses in accordance with the terms and conditions of the approved permit. Any person who conducts surface mining activities shall replace the water supply of an owner of interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source, where the water supply has been adversely impacted by contamination (a change in water quality that would render it no longer acceptable for the pre-mining use), diminution, or interruption proximately (defined as a result that directly produces and event and without which the event would not have occurred) resulting from the surface mining activities. Earth materials and runoff must be handled in a manner that minimizes (any effect of mining and reclamation would be at a level that would reduce the pre-mining potential for use of the resource) acidic, toxic, or other harmful infiltration to groundwater systems and by

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APPENDIX E 243 RCRA References SMCRA References managing excavations and other disturbance to prevent or control the discharge of pollutants into the groundwater. Discharges of water from areas disturbed by surface mining activities shall be made in compliance with all applicable State and Federal water quality laws and regulations and with the effluent limitations for coal mining promulgated by the U.S. EPA set forth in 40 CFR Part 434. In order to protect the hydrologic balance, surface mining activities shall be conducted according to the hydrologic reclamation plan approved at 780.21(h) and groundwater quality shall be protected by handling earth materials (including CCBs) and runoff in a manner that minimizes acidic, toxic, or other harmful infiltration to groundwater systems and by managing excavations and other disturbances to prevent or control the discharge of pollutants into the groundwater. Drainage from acid- and toxic-forming materials into surface water and groundwater shall be avoided by identifying and burying and/or treating, when necessary, material which may adversely affect water quality or be detrimental to vegetation or to public health and safety, if not buried and/or treated. During back filling and grading, exposed coal seams, acid- and toxic-forming materials.... exposed, used, or produced during mining shall be adequately covered with nontoxic and non combustible material, or treated, to control the impact on surface and groundwater in accordance with the hydrologic performance standards of 816.41 and to minimize adverse effects on plant growth and the approved post-mining land use [30 CFR 816.102]. CCB (ash) characterization and leach testing would be required when the permit application involved CCB placement under the provisions of 30 CFR 780.21(f) for the determination of the probable hydrologic consequences provisions that require

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244 MANAGING COAL COMBUSTION RESIDUES IN MINES RCRA References SMCRA References baseline hydrologic, geologic and other information in order to support the PHC findings on whether acid- or toxic-forming materials are present that could result in the contamination of surface or groundwater supplies. SMCRA References: 30 CFR Part 816.41 Hydrologic-BalanceProtection Part 816.42 Water Quality Standards and Effluent Limitations Parts 780.21(h), 784.14(g) Hydrologic Reclamation Plan Parts 816.102, 817.102 Backfilling and Grading: General Requirements Parts 780.21(f), 784.14(e) Probable Hydrologic Consequences Determination B. Deed Recordation: B. Deed Recordation: The owner/operator is to ensure that official The SMCRA permit would be required to land records note the locations and dates for show the location of CCB placement areas. all ash placement on all portions of the These maps are public information. The property, particularly where the property may procedure of making a deed recording is be subdivided for future use. normally done to record a type of deed restriction. SMCRA requires that mining and RCRA References: Part 258.60(i) reclamation be conducted in a manner that Deed recordation restores the land affected to a condition capable of supporting the uses which it was capable of supporting prior to mining, or higher or better uses [30 U.S.C. 1265 Section 515(b)(2)]. Under this scenario, there would be no need for deed restrictions. SMCRA References: 30 CFR Parts 780.14, 784.23 Map Requirements Part 773.6 Public Participation in Permit Processing Parts 773.6, 840.14, 842.16 Availability of Records Parts 780.23, 784.15 Reclamation Plan: Postmining Land Use Parts 816.133, 817.133 Postmining Land Use C. Baseline Monitoring: C. Baseline Monitoring: Prior to placing ash at a mine site, Each permit application must include a groundwater monitoring is to be conducted description of the existing, pre-mining to establish "baseline" conditions for environmental resources within the proposed comparison with future monitoring data. permit area and adjacent areas that may be

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APPENDIX E 245 RCRA References SMCRA References This will aid in detection of any adverse affected or impacted by the proposed surface impacts. mining activities. The permit application must include the following baseline RCRA References: Part 258.53(3) information upon which the mining and Establishing background reclamation plan must be based: General Environmental Resources Information including the cultural, historic, and archeological resources, 30 CFR 779.12. Climatic Information, 30 CFR 779.18. Vegetation Information, 30 CFR 779.19. Soils Resource Information, 30 CFR 779.21. Maps: General Requirements, 30 CFR 779.24. Cross sections, maps and plans, 30 CFR 779.25. Fish and Wildlife Resources, 30 CFR 779.16. Hydrologic Information, 30 CFR 780.21 (including flood plains, critical receptors such as water wells, dams, streams, water intake structures, and wetlands) including: o Sampling and analysis methodology o Groundwater and surface water baseline information o Cumulative impact area information o Modeling or statistical analysis may be required o Alternate water sources o PHC o CHIA o Hydrologic reclamation plan o Surface and groundwater monitoring plan Geologic Information, 30 CFR 780.22, including: o PHC o All potential acid and toxic forming strata to just below coal seam o Description of the geology (Detailed guidance is given in the OSM Permitting Hydrology reference including structural geologic features such as folding and faulting, strike and dip, and joints and fractures

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246 MANAGING COAL COMBUSTION RESIDUES IN MINES RCRA References SMCRA References related to Fault areas, Seismic Impact Zones, and Unstable areas) in the proposed permit and adjacent areas down to just below the coal seam or any lower aquifer impacted by mining. The description shall include the area and structural geology of the permit and adjacent areas, and other parameters which influence the required reclamation and the occurrence, availability, movement, quantity, and quality of potentially impacted surface and groundwater based on information collected in 30 CFR 779 and: Geologic literature. Analysis of samples collected from test borings and drill cores down to just below the coal seam or to the lowest aquifer affected by mining. Logs showing the lithologic characteristics of each stratum and related groundwater. Chemical analysis of any acid, alkaline, or toxic strata including total and pyretic sulfur. The RA may require additional information necessary to protect the hydrologic balance or meet the performance standards. V. Operational Requirements V. Operational Requirements With a preference for the flexibility afforded by performance standards, the only area of concern for operational requirements is fugitive dust controls. Operational requirements are used for this area because monitoring to confirm compliance with a performance standard is not feasible. A. Fugitive Dust Controls: A. Fugitive Dust Controls: Prior to discharge at a mine site, ash is to be Requirements for large mines (over 1 million conditioned by mixing with water to a tons/year) west of the 100th meridian must moisture content of at least 5 percent by submit an air pollution control plan weight, but not to exceed 20 percent by including an air quality monitoring program weight. The purpose of conditioning is to sufficient to evaluate the effectiveness of reduce the likelihood that dust will become fugitive dust control practices in order to airborne during placement. comply with Federal and State air quality

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APPENDIX E 247 RCRA References SMCRA References standards and a plan for fugitive dust control RCRA References: No comparable practices. All other mines must submit an air requirement under Subtitle D (see, pollution control plan including an air Part 264.30 (j) Controlling wind dispersal, quality monitoring program sufficient to under Subtitle C) evaluate the effectiveness of fugitive dust control practices in order to comply with Federal and State air quality standards, only if required by the RA, and a plan for fugitive dust control practices. SMCRA References: 30 CFR Part 780.15 Air Pollution Control Plan Part 816.95 Stabilization of Surface Areas (Fugitive Dust Control) VI. Risk Assessments VI. Risk Assessments Owners/operators are to conduct risk Risk is defined as the chance of injury, assessments to inform themselves, regulators, damage, or loss. A risk assessment is and the public of the likelihood that the necessary when an agency is contemplating placement of ash at the mine site will an action not already adequately regulated to adversely impact critical receptors. prevent risk. A. Impact on humans and other animals The purposes or SMCRA are given in the via air and surface water pathways, Act as follows, 30 U.S.C. 1202: including potential intermingling of groundwater and surface water. Establish a nationwide program to protect B. Impact on plants via air and surface society and the environment from the water pathways, including potential adverse effects of surface coal mining intermingling of groundwater and operations. surface water. Assure that the rights of surface C. Impact on air quality. landowners and other persons with a D. Impact on water quality, including legal interest in the land or potential intermingling of groundwater appurtenances thereto are fully protected and surface water. from such operations. E. Impact on fish, including potential Assure that surface mining operations are intermingling of groundwater and not conducted where reclamation as surface water and potential air required by the Act is not feasible. transport of contaminants to surface Assure that surface coal mining water. operations are so conducted as to protect the environment. RCRA References: None As such, the purpose of SMCRA is to not approve a permit until it can be established that the mining operation, including the placement of CCBs if proposed, will not place either the public or the environment at risk.

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248 MANAGING COAL COMBUSTION RESIDUES IN MINES RCRA References SMCRA References Therefore, there is not a need for additional risk assessment, beyond what is already required by a SMCRA program on a permit- by-permit basis. See II. Performance Standards and IV. Permitting/Planning. VII. Public Participation VII. Public Participation To be comfortable with allowing the placement of ash at mine sites, the public needs information, opportunity to raise concerns, and assurance that those concerns will be addressed. A. Planning and Permitting: A. Planning and Permitting: Prior to approving ash placement, the Notification: The permit applicant must permitting authority is to inform the public publish a local newspaper notice [with of the planned operation, make public all minimum info listed at 773.13(a)(1)] of risk assessment (item VI, above) and availability of the application at the country baseline monitoring (item IV, above) courthouse and the RA. The RA must notify information and provide for interactive Federal, State, and local agencies of the public discussion. application. The RA must notify any persons submitting comment, parties involved in RCRA References: Part 239.6(a) and informal conferences, and appropriate (b) Public Participation in Permitting agencies of permit issuance or renewal. Access: Access to all permitting files, including inspections and monitoring reports, by the public must be made available by the RA. Comments: The public may submit comments or written objections to the RA within 30 days of last newspaper notice. Any person with interest may request an informal conference with the RA. Enforcement: The RA must provide for public participation in enforcement. The public may also request a Federal inspection. SMCRA References: 30 CFR Part 773.6 Public Participation in Permit Processing Part 773.6(a)(1) Public Advertisement of Permits Part 773.6, 773.9, 774.15 Notification Requirements

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APPENDIX E 249 RCRA References SMCRA References Parts 773.6, 840.14, 842.16 Availability of Records Part 773.6(d) Public Availability of Permit Applications Parts 840.15, 840.16, 842.11 Public Participation in Enforcement Part 842.12 Requests for Federal Inspections Part 842.14 Review of Adequacy and Completeness of Inspections B. Monitoring Information: B. Monitoring Information: All monitoring data, reports, and other forms See VII.A. above. of information should be made available to the public. Access to all information is to be readily available to the public at an accessible location such as a government library. RCRA References: No comparable requirements under Subtitle D (see Part 260.2 Availability of Information, under Subtitle C) C. Citizen Suits: C. Citizen Suits: The public is to have the opportunity to file SMCRA provides for citizen lawsuits and suit in appropriate courts to ensure judicial review of decisions. compliance by the owner/operator. SMCRA References: 30 CFR RCRA References: RCRA Section 7002; Part 775 Administrative and Judicial Part 254 Prior Notice of Citizen Suits; Review of Decisions Part 239.9 Citizen Intervention in Civil Part 842.12 Requests for Federal Enforcement Proceedings Inspections Part 842.15 Review of Decision Not to Inspect or Enforce 43 CFR Subtitle A, Part 4, Subpart L Special Rules Applicable to Surface Coal Mining Hearings and Appeals VIII. Corrective Action VIII. Corrective Action In the case of exceedence of the performance SMCRA requires regular inspections and standards specified in item II, above, the monitoring of the permit. Corrective actions owner/operator must undertake corrective may be required through notices of violation, action to protect human health and the cessation order, or required permit revision. environment. The first step in response to an The permittee is required to immediately exceedence may be to assess the scope of notify the RA and take corrective actions as the problem through additional monitoring. soon as a water quality non-compliance is The owner/operator may demonstrate that determined. The permittee must take

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250 MANAGING COAL COMBUSTION RESIDUES IN MINES RCRA References SMCRA References the exceedence results from a source other whatever steps are necessary to ensure that than the ash placement or that the exceedence the public health and environment are results from error in sampling, analysis, protected based on compliance with statistical evaluation, or natural variation in applicable performance standards, permit groundwater quality. If the exceedence is terms and conditions. determined to result from the ash placement, however, corrective measures should be SMCRA References: 30 CFR implemented. The steps in the corrective Part 840 State Regulatory Authority: action process include: assessment of Inspection and Enforcement corrective measures, selection of a remedy, Part 842 Federal Inspections and selection of a schedule for the remedy, and Monitoring implementation of corrective action, Part 843 Federal Enforcement including interim measures that may be Part 845 Civil Penalties necessary for the immediate protection of Part 846 Individual Civil Penalties human health or the environment. RCRA References: Part 258.54(c)(3) Response to exceedences of performance standards; Part 258.56 Assessment of corrective measures; Part 258.57 Selection of remedy; Part 258.58 Implementation of corrective action IX. Post-Closure/Post-Reclamation Care IX. Post-Closure/Post-Reclamation Care (Post-SMCRA Bond Release) (Post-SMCRA Bond Release) Monitoring and maintenance of the ash SMCRA enforcement ceases following the placement area should continue throughout release of Phase III bond liability. the time period for which the effects of Performance bond liability will be for the groundwater from ash placement could be duration of the surface coal mining and reasonably expected to be measured or reclamation operation and for a period observed. This time period may extend which is coincident with the operator's beyond the completion of reclamation and period of extended responsibility for the time of bond release for the overall successful revegetation (10 years after mine site. establishment of vegetation in areas with less than 26" precipitation; 5 years after A. Maintenance and Inspection: Post-closure establishment of vegetation in areas with activities are to include inspection and more than 26" precipitation) or until maintenance as needed of the vegetative achievement of the reclamation requirements cover over the ash placement area and of any of the Act, regulatory programs, and permit, other engineered controls, such as a final which ever is later (this would include cover, that may have been placed. determination of compliance with the hydrologic performance standards at 30 CFR RCRA References: Part 258.61(a) Post- 816.41(a, b, and h) and 816.42. Performance closure activities; Part 258.61(a), (b), and standards related to the protection of ground- (e) Duration of post-closure period water would include that all mining and reclamation activities shall be conducted to B. Monitoring and Corrective Action: As minimize disturbance of the hydrologic specified in Item I.D., above, maintenance balance within the permit and adjacent areas, and operation of the groundwater monitoring to prevent material damage to the hydrologic system for the ash placement area should balance outside the permit area, to assure the

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APPENDIX E 251 RCRA References SMCRA References continue throughout the post-reclamation protection or replacement of water rights, period. These activities are to include and to support the approved post-mining evaluation of results against the performance land uses in accordance with the terms and standards specified in Item II, above, and conditions of the approved permit. Any implementation, if needed, of corrective person who conducts surface mining action as discussed in Item VII, above. owner of interest in real property who obtains all or part of his or her supply of water for RCRA References: Part 258.61(a)(3) Post- domestic, agricultural, industrial, or other closure groundwater monitoring; Part 258.61 legitimate use from an underground or (a), (b), and (e) Duration of post-closure surface source, where the water supply has period been adversely impacted by contamination, diminution, or interruption proximately C. Financial Assurance: In the event the (defined as a result that directly produces post-closure/post-reclamation care period for and event and without which the event the ash placement area extends beyond the would not have occurred) resulting from the time of bond release for the overall mine surface mining activities. Discharges of site, the owner/operator is to establish water from areas disturbed by surface financial assurance to provide for mining activities shall be made in maintenance and monitoring of the ash compliance with all applicable State and placement area specifically and for any Federal water quality laws and regulations potential corrective action associated with and with the effluent limitations for coal ash placement. mining promulgated by the U.S. EPA set forth in 40 CFR Part 434. RCRA References: Part 258.72 Financial assurance for post-closure care; Part 258.73 Financial assurance for corrective action; Part 258.74 Allowable mechanisms SMCRA References: 30 CFR Ch. VII, subchapter J Bonding and Insurance Requirements for Surface Coal Mining and Reclamation Operations. Part 800.13 Period of Liability Parts 816.41, 817.41 Hydrologic-Balance Protection Parts 816.42, 817.42 Water Quality Standards and Effluent Limitations Parts 816.111, 817.111 Revegetation: General Requirements Parts 816.116, 817.116 Revegetation: Standards for Success Parts 816.132, 817.132 Cessation of Operations: Permanent Parts 816.133, 817.133 Postmining Land Use Parts 780.23(b), 784.15(b) Reclamation Plan: Land Use Information, Following Reclamation SOURCE: Vories et al., 2002

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