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OCR for page 229
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
OCR for page 230
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
OCR for page 231
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
OCR for page 232
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
OCR for page 233
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
OCR for page 234
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
OCR for page 235
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
OCR for page 236
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"
OCR for page 237
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
OCR for page 238
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
OCR for page 239
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
OCR for page 242
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
OCR for page 243
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
OCR for page 244
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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Representative terms from entire chapter:
inhabited house
