Current through Register Vol. 54, No. 44, November 2, 2024
(a) At least 60 days before using coal ash as
a soil substitute or soil additive, the person proposing the use shall submit a
written proposal to the Department. The written proposal must contain, at a
minimum, the following information:
(1) A
description of the nature, purpose and location of the project, including a
topographic map showing the project area and available soils maps of the
project area. The description must include an explanation of how coal ash will
be stored prior to use, how the soil will be prepared for the application of
coal ash, how coal ash will be spread and, when necessary, how coal ash will be
incorporated into the soil.
(2) The
estimated beginning and ending dates for the project.
(3) An estimate of the volume of coal ash to
be used for the project, the proposed application rate and a justification for
the proposed application rate.
(4)
A total chemical and leaching analysis and pH under §
290.201(a)(1) and
(2) (relating to coal ash certification) for
the coal ash to be used in the project. If the coal ash was generated at a
facility for which the Department has previously approved a chemical and
leaching analysis and the analysis is not older than 1 year, the person may
submit a copy of the analysis that was approved.
(5) A chemical analysis for constituents
listed in subsection (e) of the soil on which the coal ash is proposed to be
placed.
(6) An analysis showing how
the application of coal ash will be beneficial to the productivity or
properties of the soil to which it is proposed to be applied. The analysis
shall be prepared and signed by an expert in soil science.
(7) A signed statement by the owner of the
land on which the coal ash is to be placed, acknowledging and consenting to the
use of coal ash as a soil substitute or soil additive.
(b) After receiving the information required
by subsection (a), the Department will inform, in writing, the person that
provided the information whether the proposed use of coal ash as a soil
substitute or soil additive is consistent with this section.
(c) Coal ash used as a soil substitute or
soil additive may not be considered a beneficial use unless the following
requirements are met:
(1) The pH of the coal
ash and the pH of the soil must be in the range of 6.5 to 8.0 when mixed
together in the manner required by the project, as shown by field and
laboratory testing. Lime may be added to raise pH.
(2) Chemical analysis demonstrates the coal
ash satisfies the minimum calcium carbonate equivalency requirement in §
290.201(a).
(3) Surface runoff from
the project area shall be controlled during the project. Stormwater shall be
managed in accordance with The Clean Streams Law (35 P. S. §§ 691.1-691.1001) and the regulations
promulgated thereunder.
(4) Coal
ash shall be incorporated into the soil within 48 hours of application, unless
otherwise approved by the Department. The coal ash shall be incorporated into
the top 1-foot layer of surface soil. If 1 foot of surface soil is not present,
coal ash may be combined with the surface soil that is present until the layer
of combined surface soil and coal ash is 1 foot. The coal ash required for the
beneficial use is limited to the amount necessary to enhance soil properties or
plant growth.
(5) Coal ash shall be
applied at a rate per acre that will protect public health, public safety and
the environment.
(6) Coal ash may
not be applied to soil being used for agriculture where the soil pH is less
than 5.5.
(7) Coal ash may not be
applied if resultant chemical or physical soil conditions would be detrimental
to biota.
(8) The offsite
dispersion of dust from coal ash and other materials shall be
minimized.
(d) Coal ash
may not be used as a soil substitute or soil additive:
(1) Within 100 feet of an intermittent or
perennial stream, other than exceptional value or high quality waters as
defined in §
93.1 (relating to definitions), or
a wetland other than an exceptional value wetland.
(2) In or within 300 feet of an exceptional
value wetland, or of exceptional value or high quality waters as defined in
§ 93.1.
(3) Within 300 feet of
a water supply unless the person obtains, in a form acceptable to the
Department, a written waiver from the owner of the water supply, allowing for
another distance.
(4) Within 100
feet of a sinkhole or area draining into a sinkhole.
(5) Within 300 feet measured horizontally
from an occupied dwelling, unless the current owner has provided a written
waiver consenting to the activities closer than 300 feet. The waiver shall be
knowingly made and separate from a lease or deed unless the lease or deed
contains an explicit waiver from the current owner.
(e) Coal ash may not be used as a soil
substitute or soil amendment in amounts that exceed the following maximum
cumulative loading rates:
| Constituent
| Cumulative Loading Rate |
| arsenic | 36 lbs/acre (41 kg/hectare)
|
| boron | 60 lbs/acre (67.2 kg/hectare)
|
| cadmium | 34 lbs/acre (38 kg/hectare)
|
| chromium | 2,672 lbs/acre (3,104
kg/hectare) |
| copper | 1,320 lbs/acre (1,490
kg/hectare) |
| lead | 264 lbs/acre (296 kg/hectare)
|
| mercury | 15 lbs/acre (17 kg/hectare)
|
| molybdenum | 16 lbs/acre (18 kg/hectare)
|
| nickel | 370 lbs/acre (420 kg/hectare)
|
| selenium | 88 lbs/acre (99 kg/hectare)
|
| zinc | 2,464 lbs/acre (2,780 kg/hectare)
|
(f) A person subject to the requirements of
this section shall retain records of chemical and physical analyses, the
quantity of coal ash utilized, the location of placement and the sources of
coal ash for a minimum of 3 years after the beneficial use has ceased. The
records shall be made available to the Department upon request.
(g) A person beneficially using coal ash
under this section shall notify the Department within 72 hours of any evidence
that the material does not meet the chemical standards or physical property
requirements in §
290.201.
This section cited in 25 Pa. Code §
290.101 (relating to general
requirements for beneficial use); 25 Pa. Code §
290.104 (relating to beneficial
use at coal mining activity sites); 25 Pa. Code §
290.105 (relating to beneficial
use at abandoned mine lands); and 25 Pa. Code §
290.106 (relating to other
beneficial uses).
