Current through Register Vol. 54, No. 44, November 2, 2024
(a)
The following uses of coal ash are deemed to be beneficial and do not require a
permit from the Department under the act provided the uses are consistent with
the requirements of this section:
(1) The use
of coal ash in the manufacture of concrete or cement. The coal ash shall be
utilized within 24 hours of its delivery to the site unless stored in
accordance with Subchapter E (relating to coal ash storage).
(2) The extraction or recovery of one or more
materials and compounds contained within the coal ash if the following
conditions are met:
(i) Storage of coal ash
before and after extraction or recovery shall be subject to Subchapter
E.
(ii) Disposal of the unrecovered
fraction of coal ash shall be subject to the applicable requirements for
residual waste.
(3) The
use of fly ash as a stabilized product. Other uses of fly ash in which physical
or chemical characteristics are altered prior to use or during placement will
be considered a beneficial use under this section if the following conditions
are met:
(i) The person proposing the use has
first given advance written notice to the Department.
(ii) The fly ash is not mixed with solid
waste, unless otherwise approved, in writing, by the Department prior to the
use.
(iii) The use of the fly ash
results in a demonstrated reduction of the potential of the material to leach
constituents into the environment.
(iv) If fly ash is used as structural fill,
the requirements of §
290.102 (relating to use as
structural fill) must be met.
(v)
If fly ash is used as a soil amendment, the requirements of §
290.103 (relating to use as a soil
substitute or soil additive) must be met.
(4) The use of bottom ash or boiler slag as
an antiskid material or road surface preparation material, if the use is
consistent with Department of Transportation specifications or other applicable
specifications. The use of fly ash as an antiskid material or road surface
preparation material is not deemed to be a beneficial use.
(5) The use of coal ash as raw material for a
product with commercial value, including the use of bottom ash in construction
aggregate. Storage of coal ash prior to processing is subject to Subchapter
E.
(6) The use of coal ash as pipe
bedding, if the person proposing the use has first given advance written notice
to the Department, and has provided to the Department an evaluation of the pH
of the coal ash and a chemical analysis of the coal ash.
(7) The use of coal ash for mine subsidence
control, mine fire control and mine sealing, if the following requirements are
met:
(i) The person proposing the use gives
advance written notice to the Department.
(ii) If a project is funded by or through the
Department, use of the coal ash shall be consistent with applicable
Departmental requirements and contracts.
(iii) The coal ash shall be utilized within
24 hours of its delivery to the site unless stored in accordance with
Subchapter E.
(iv) The coal ash
will undergo cementitious reactions after placement.
(8) The use of coal ash as a fuel, provided
it has a minimum heating value of 5,000 Btu/lb. Storage of coal ash prior to
use as a fuel is subject to Subchapter E.
(b) 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 appropriate chemical standards or physical
property requirements in §
290.201 (relating to coal ash
certification).
(c) 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.
This section cited in 25 Pa. Code §
290.101 (relating to general
requirements for beneficial use).
