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[Federal Register Volume 87, Number 70 (Tuesday, April 12, 2022)]
[Rules and Regulations]
[Pages 21561-21578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07660]

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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 938

[SATS No. PA-161-FOR; Docket ID: OSM-2012-0009; S1D1S SS08011000 
SX064A000 221S180110; S2D2S SS08011000 SX064A000 22XS501520]

Pennsylvania Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Final rule; approval of amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), are approving an amendment to the approved Pennsylvania 
regulatory program (the Pennsylvania program) under the Surface Mining 
Control and Reclamation Act of 1977 (SMCRA or the Act). The amendment 
we are approving consists of revisions and additions to Pennsylvania's 
regulations related to beneficial use of coal ash at active surface 
coal mining sites.

DATES: The effective date is May 12, 2022.

FOR FURTHER INFORMATION CONTACT: Mr. Ben Owens, Acting Field Office 
Director, Pittsburgh Field Office, Telephone: (412) 937-2857; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Pennsylvania Program and Federal Regulation of 
Coal Combustion Residues
II. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decision
VI. Statutory and Executive Order Reviews

I. Background on the Pennsylvania Program and Federal Regulation of 
Coal Combustion Residues

The Pennsylvania Program

    Section 503(a) of the SMCRA permits a state to assume primacy for 
the regulation of surface coal mining and reclamation operations on 
non-Federal and non-Indian lands within its borders by demonstrating 
that its program includes, among other things, State laws and 
regulations that govern surface coal mining and reclamation operations 
in accordance with the Act and consistent with the Federal regulations. 
30 U.S.C. 1253(a)(1) and (7). On the basis of these criteria, the 
Secretary of the Interior conditionally approved the Pennsylvania 
program effective July 30, 1982. You can find background information on 
the Pennsylvania program, including the Secretary's findings, the 
disposition of comments, and the conditions of approval of the 
Pennsylvania program in the July 30, 1982, Federal Register (47 FR 
33050). You can also find later actions

[[Page 21562]]

concerning the Pennsylvania program and program amendments at 30 CFR 
938.11, 938.12, 938.13, 938.15, and 938.16.

Federal Regulation of Coal Combustion Residue

    SMCRA does not directly address the placement of Coal Combustion 
Byproducts (CCBs), also known as Coal Combustion Residues (CCRs), in 
active or abandoned coal mines and only two of OSMRE's implementing 
regulations reference CCBs: 30 CFR 816.41(i)(2)(iii) and 30 CFR 
817.41(h)(2)(iii) and (v). 72 FR 12026, 12029 (March 14, 2007). 
Nonetheless, as stated in our 2007 advanced notice of proposed 
rulemaking, ``any material placed in mine pits or otherwise used to 
reclaim a permitted mine site must comply with SMCRA permitting 
requirements and performance standards, regardless of whether the 
material originates within the permit area or whether it is imported 
from outside the permit area.'' Id.
    The United States Environmental Protection Agency (U.S. EPA) 
published a final rule regulating the disposal of CCRs in the April 17, 
2015, Federal Register (80 FR 21301). The 2015 U.S. EPA rule does not 
apply to CCRs placed in active or abandoned underground or surface coal 
mines. Since the 2015 U.S. EPA rule, U.S. EPA has amended its CCR 
regulations. Background on the U.S. EPA's CCR regulations are found at: 
https://www.epa.gov/coalash/coal-ash-rule. In 2019, U.S. EPA proposed 
revising its definition of beneficial use, then deferred the rulemaking 
until 2021, when U.S. EPA reopened its public comment period until May 
11, 2021, on the beneficial use definition and provisions for CCR or 
coal ash accumulations. If, as a result of changes in Federal law or 
regulations, the approved Pennsylvania regulatory program no longer 
meets the requirements of SMCRA or its implementing regulations, we may 
require a state program amendment under 30 CFR 732.17(e)(1).

II. Submission of the Amendment

    By letter dated March 13, 2012 (Administrative Record No. PA 
894.00), Pennsylvania sent us a request to approve regulations related 
to the beneficial use of coal ash at active coal mine sites. Key 
provisions of the amendment include operating requirements for 
beneficial use, including certification guidelines for chemical and 
physical properties of coal ash beneficially used and water quality 
monitoring requirements.
    We announced receipt of the program amendment in the July 11, 2012, 
Federal Register (77 FR 40836) (Administrative Record No. PA 894.05), 
with a deadline for public comment of August 10, 2012. We received 
requests to extend the public comment period, and announced an 
extension in the September 25, 2012, Federal Register (77 FR 58975) 
(Administrative Record No. PA 894.11). In that announcement, we issued 
a new deadline of October 19, 2012, for public comments, and announced 
public hearings for October 17, 2012, in Pittsburgh, Pennsylvania and 
Pottsville, Pennsylvania.
    After receiving written public comments and oral testimony at the 
public hearings, we reviewed the amendment to determine whether it was 
in accordance with SMCRA and consistent with the regulations 
implementing SMCRA found at Title 30 of the Code of Federal Regulations 
(the SMCRA regulations or implementing regulations). We identified 
concerns and notified Pennsylvania of our concerns by letter dated 
March 3, 2014 (Administrative Record No. PA 894.45). Pennsylvania 
responded in a letter dated May 30, 2014 (Administrative Record No. PA 
894.46). We identified additional concerns and notified Pennsylvania of 
these by letter dated August 3, 2015 (Administrative Record No. PA 
894.47). Pennsylvania responded in a letter dated November 25, 2015 
(Administrative Record No. PA 894.48). In both of its response letters, 
Pennsylvania elaborated on details of its proposed regulations.
    In the proposed rule published in the Federal Register on July 11, 
2012, we described the proposed program amendment to include sections 
of the Pennsylvania Code that, after further consultation with 
Pennsylvania, we learned are not part of the program amendment. 
Specifically, in the March 3, 2014, issue letter, we requested 
clarification of which regulations are pertinent to administering the 
approved Pennsylvania program. In a May 30, 2014, letter to us 
(Administrative Record No. PA 894.46), Pennsylvania clarified that it 
is requesting approval of regulations found at 25 Pa. Code sections 
287.1 (definition of ``coal ash''), 290.1, 290.101, 290.103, 290.104, 
290.107, Subchapter C--Coal Ash Certification (sections 290.201, 
290.202 and 290.203), and Subchapter D--(sections 290.301, 290.302, 
290.303, 290.304, 290.305, 290.306 and 290.307). Thus, 25 Pa. Code 
sections 290.2, 290.102, 290.105, and 290.106 are not part of the 
Pennsylvania amendment.

III. OSMRE's Findings

    We are approving the amendment request under SMCRA and the Federal 
regulations at 30 CFR 732.15 and 732.17. In this final rule, we are 
approving the changes to Pennsylvania's regulatory program as noted 
below. The full text of the program amendment is available for review 
at https://www.regulations.gov.

287.1 Definitions

    The definition of ``coal ash'' has been added to Pennsylvania's 
regulatory program. Coal ash is defined for the purposes of Chapters 
287 and 290 to include: Fly ash, bottom ash, or boiler slag that 
resulted from the combustion of coal and is or has been beneficially 
used, reused, or reclaimed for a commercial, industrial, or 
governmental purpose. The definition includes materials that are 
stored, processed, transported, or sold for beneficial use, reuse, or 
reclamation. The definition also states that for the purposes of 
Chapter 288 of the Pennsylvania Code, which regulates residual waste 
landfills, coal ash is defined as fly ash, bottom ash, or boiler slag 
that resulted from the combustion of coal and that has not been 
beneficially reused.
    OSMRE Finding: Neither SMCRA nor its implementing regulations 
define coal ash. However, Pennsylvania's definition of coal ash as 
types of coal ash, such as fly ash, that are products of coal 
combustion, and its list of possible uses is reasonable. We have 
determined the addition of the definition of coal ash is not 
inconsistent with SMCRA and its implementing regulations. We have also 
determined that the last sentence of the definition, pertaining to 
Chapter 288 of the Pennsylvania Code that relates to residual waste 
landfills, does not pertain to surface coal mining. Therefore, we 
approve the first two sentences of the definition of ``coal ash'' at 25 
Pa. Code 287.1. Because the last sentence of the definition does not 
pertain to surface coal mining, it is not included in the approval.

290.1 Definitions

    The definition of ``Temporary coal ash storage pile'' has been 
added and is defined as a pile in which coal ash is stored for not more 
than two weeks. The definition of ``Water table'' is the top of the 
saturated zone including regional groundwater table, perched water 
tables, seasonal water tables, and mine pools.
    OSMRE Finding: Neither SMCRA nor its implementing regulations 
define ``temporary coal ash storage pile.'' Storage of not more than 
two weeks is a reasonable interpretation of the term

[[Page 21563]]

``temporary.'' Accordingly, we have determined that the definition of 
temporary coal ash storage pile is not inconsistent with SMCRA or its 
implementing regulations and we approve the definition of temporary 
coal ash storage pile at 25 Pa. Code 290.1.
    We have determined that the definition of water table is no less 
effective than the Federal definition of ``water table'' at 30 CFR 
701.5. The definition proposed for Chapter 290 of the Pennsylvania Code 
is ``the top of the saturated zone,'' and the Federal definition is the 
``upper surface of a zone of saturation where the ground water is not 
confined by an overlying impermeable zone.'' These definitions are 
identical in effect because they both retain the same fundamental 
concept that the water is not confined by an overlying impermeable 
zone. Pennsylvania's definition also provides examples of these types 
of water tables. Therefore, we approve the definition of water table at 
25 Pa. Code 290.1.

290.101 General Requirements for Beneficial Use

    Pennsylvania added this section, which provides that, if operators 
comply with Chapter 290, then no solid waste disposal permit is 
required for beneficial use of coal ash. To be considered a beneficial 
use, chemical analysis must indicate that the coal ash does not exceed 
any of the maximum acceptable leachate levels discussed in section 
290.201(a) and meets the physical characteristics of section 290.201. 
This section also provides that the chemical characteristics from 
section 290.201(a) apply to other beneficial uses of coal ash, such as 
structural fill, that are not part of this amendment.
    A water quality monitoring plan is required for any structural fill 
that is used at a coal mining activity site or abandoned surface coal 
mine site where more than 10,000 tons of coal ash per acre or more than 
100,000 tons in total per site is used. Additionally, the Pennsylvania 
Department of Environmental Protection (PADEP), at its discretion, may 
implement a water quality monitoring plan involving lesser quantities 
of coal ash. Coal ash may not be placed within eight feet of the water 
table unless used for mine subsidence control, mine fire control, or 
mine sealing. Coal ash may not be used in a way that causes water 
pollution.
    OSMRE Finding: We have determined that the provisions in this 
section do not have direct SMCRA counterparts. The Federal regulations 
implementing SMCRA do not specifically address beneficial use of coal 
ash. However, Pennsylvania's proposed coal ash regulations are 
consistent with the performance standards described at 30 CFR 816.41 
and 816.42 and the monitoring and planning regulations at 30 CFR 
780.21. The Federal regulation at section 816.41(b) of Title 30 
requires that groundwater quality must be protected by minimizing toxic 
infiltration and approximating pre-mining recharge capacity. The 
incorporation of maximum acceptable leachate levels from section 
290.201(a) of the Pennsylvania Code and the restriction on placement 
within eight feet of the water table minimize toxic infiltration to the 
most feasible extent. Furthermore, the requirement for a water quality 
monitoring plan and the minimum standards for that plan, as described 
in section 290.301 of the Pennsylvania Code, are consistent with 30 CFR 
780.21(i) and 816.41(c), because section 290.301, as well as the SMCRA 
regulations, require a monitoring frequency of every three months, 
sampling of pH, total iron, and total manganese. Also, Pennsylvania 
requires monitoring protocols that incorporate the US EPA's Handbook 
for Analytical Quality Control in Water and Wastewater Laboratories.
    Finally, to the extent that section 290.101 requires other chemical 
analysis in sections of the Pennsylvania Code that were not submitted 
as a program amendment, namely sections 290.102, 290.105 and 290.106, 
these other beneficial uses of coal ash are outside of the scope of 
this amendment, and we will not issue a finding on them here. 
Therefore, we approve 25 Pa. Code 290.101 as it applies to coal mining 
activities.

290.103 Use as a Soil Substitute

    Pennsylvania added section 290.103, which provides that coal ash 
may be used as a soil substitute if, 60 days prior to such use, a 
written proposal is submitted to the PADEP. According to the additional 
section, the proposal must contain:
     A description of the project, including a topographic and 
soils map of the projected area and an explanation of how the coal ash 
will be stored prior to use, how the soil will be prepared for 
application, how the coal ash will be spread and, when necessary, how 
the coal ash will be incorporated into the soil;
     Commencement and conclusion dates of the project;
     Proposed volume of coal ash to be used, the proposed 
application rate and a justification for the rate;
     A total chemical and leaching analysis and pH analysis no 
older than one year old;
     A chemical analysis of coal ash for eleven constituents 
listed in subsection (e);
     An analysis indicating the coal ash will be beneficial to 
the use of the soil. This must be prepared and signed by an expert in 
soil science; and
     Landowner consent to use of coal ash as a soil substitute 
or additive.
    The PADEP will respond in writing to the person proposing the use 
of coal ash as a soil substitute or additive indicating if it is 
consistent with this section.
    To be considered a beneficial use as a soil substitute or additive 
the following must be met:
     pH must range between 6.5 to 8.0 when mixed together as 
required by the project;
     Chemical analysis demonstrates calcium carbonate 
equivalency requirements;
     Surface runoff is controlled;
     Coal ash must be incorporated into the soil within 48 
hours of application, unless the PADEP approves a deviation. The coal 
ash must be incorporated into the first layer of surface soil, or if 
such is not present, the coal ash and substitute material must equal 
one foot. Coal ash is to enhance soil properties or plant growth;
     Coal ash must be applied at a rate per acre that protects 
public health, public safety, and the environment; and
     Fugitive dust must be minimized.
    Coal ash may not be applied to soil being used for agriculture when 
the soil pH is less than 5.5 or if resultant chemical or physical soil 
conditions would be detrimental to biota.
    Coal ash as a soil substitute or additive may not be placed within:
     100 feet of an intermittent or perennial stream;
     300 feet of an exceptional value wetland or exceptional 
value or high-quality waters;
     300 feet of a water supply unless the water supply owner 
consents to a variance;
     100 feet of a sinkhole or area draining to a sinkhole; and
     300 feet from an occupied dwelling unless a landowner 
consents to a variance.
    Maximum cumulative loading rates may not be exceeded in 
relationship to the following eleven constituents: Arsenic, boron, 
cadmium, chromium, copper, lead, mercury, molybdenum, nickel, selenium, 
and zinc.
    Records of chemical and physical analyses, quantity of coal ash 
used, location of placement, and sources of the coal ash must be 
maintained for a

[[Page 21564]]

minimum of three years and must be made available upon request by the 
PADEP.
    Any deviation from the approved physical or chemical standards must 
be reported to the PADEP within 72 hours.
    OSMRE Finding: We have determined that the provisions in this 
section do not have direct SMCRA counterparts but are consistent with 
SMCRA and the Federal regulations found at 30 CFR 779.21(b), 816.22, 
816.41, and 816.111. SMCRA and its implementing regulations do not 
specifically address the use of coal ash as a soil substitute in 
reclamation applications, but do include requirements for the use and 
distribution of soil substitutes in general, for protection of the 
hydrologic balance, and for revegetation during reclamation.
    The provisions in this section, including those related to a 
chemical leachate analysis, mandatory pH range, calcium carbonate 
equivalency requirements, and a limit on use of coal ash to the amount 
necessary to enhance soil properties, are sufficient to ensure that the 
application of coal ash as a soil substitute are consistent with the 
Federal regulations at 30 CFR 816.22(b) that provide that overburden 
may supplement or substitute soil if the operator demonstrates that the 
resulting medium is at least as suitable for sustaining vegetation as 
the original soil. The provisions in this section therefore also ensure 
that the application of coal ash as a soil substitute can support the 
revegetation requirements found at 30 CFR 816.111.
    Other provisions in this section ensure that the application of 
coal ash as a soil substitute are not inconsistent with the Federal 
regulation at 30 CFR 816.41, which requires the protection of the 
hydrologic balance. The Federal regulation at 30 CFR 816.41(b) requires 
that groundwater quality must be protected by minimizing toxic 
infiltration and approximating pre-mining recharge capacity. The 
incorporation of maximum acceptable leachate levels from section 
290.201(a) of the Pennsylvania Code and the restriction on placement 
within eight feet of the water table minimize toxic infiltration to the 
most feasible extent. Section 816.41(d) of Title 30 of the Federal 
regulations requires operators to prevent acid or toxic drainage, 
runoff of suspended solids and general water pollution. This proposed 
section of the Pennsylvania Code contains significant buffers around 
streams and wetlands within which use of coal ash is not permitted, and 
includes a requirement to control surface runoff. These, in combination 
with the monitoring requirements described at 25 Pa. Code 290.301, are 
consistent with the Federal regulation at 30 CFR 816.41.
    In total, the provisions in this section are consistent with the 
requirements in the Federal regulations implementing SMCRA. Therefore, 
we approve 25 Pa. Code 290.103.

290.104 Beneficial Use at Coal Mining Activity Sites

    Pennsylvania added section 290.104, which provides that approval 
for the beneficial use of coal ash at coal mining activity sites must, 
at a minimum, be:
     In compliance with the Pennsylvania's Clean Streams Law, 
its Surface Mining Conservation and Reclamation Act, its Coal Refuse 
Disposal Control Act, the applicable provisions of Chapters 86-90 and 
other applicable environmental statutes, and regulations promulgated 
thereunder;
     Certified under section 290.201; and
     Approved by the PADEP based on a request that is filed for 
approval. Each person wishing to use certified coal ash for a 
beneficial use at a coal mining activity site as part of a reclamation 
plan must submit a request with an appropriate filing fee and include 
the following:
    [cir] A description of the project, including an estimate in cubic 
yards of the amount of coal ash to be used and how it will be stored 
prior to placement;
    [cir] Documentation that the coal ash has been certified for its 
intended use, including the identity of the generator and the PADEP-
assigned certification identifier;
    [cir] A consent from the landowner properly recorded in the county 
deeds office; and
    [cir] An appropriate water quality monitoring plan.
    When beneficial coal ash is used at a coal mining activity site, a 
nonrefundable permit filing fee is to be paid annually in the amount of 
$2,000 for each year it is used until the year following final 
placement and then $1,000 for each year until final bond release is 
achieved. This fee will be used to administer compliance programs. This 
fee will be reviewed and adjusted as necessary. Public notice must be 
given if coal ash is used at a coal mining activity site. Overall 
improvement in water quality or prevention of degradation of water 
quality is a requirement for using coal ash for reclamation purposes at 
coal mining activity sites. Coal ash may be allowed for beneficial use 
only for reclamation purposes at the following locations: Pit area, 
abandoned mine lands within the surface coal mining permit, coal refuse 
disposal and reprocessing sites, and areas where other beneficial uses 
included in the reclamation plan are being conducted.
    To be placed at active coal mining sites, the following additional 
operational requirements must be met including:
     The volume of the coal ash placed at the site may not 
exceed the volume of the coal, coal refuse, culm, or silt removed, 
unless approved by the PADEP. A greater volume will be allowed when it 
is demonstrated that reclamation will be enhanced or water quality 
improved or for certain exceptions at coal refuse reprocessing sites;
     Placement occurs by mixing with spoil or spreading it in 
horizontal layers no greater than 2 feet thick unless otherwise 
approved by the PADEP;
     Spreading and compaction must occur within 24 hours of 
delivery unless stored in accordance with the requirements of 25 Pa. 
Code Chapter 290, Subchapter E;
     Requirements of the Modified or Standard Proctor Test must 
be met when coal ash placement is not accomplished by mixing with 
spoil;
     Maintenance of the sources and volume of coal ash used;
     An approved water quality monitoring plan; and
     Minimization of fugitive dust.
    Additional requirements are necessary for sites using coal ash as a 
soil substitute, soil additive, or when used at a coal refuse disposal 
site. Quarterly water sampling must be completed and submitted to the 
PADEP for review, unless less frequent monitoring is approved by the 
PADEP. Annual reporting of coal ash placed on a coal mining activity 
site must be submitted to the PADEP. Any deviation from the approved 
physical or chemical standards must be reported to the PADEP within 72 
hours.
    OSMRE Finding: We have determined that the provisions in this 
section have no direct counterpart in SMCRA or Federal regulations 
implementing SMCRA, because they do not address the use of coal ash. 
This section establishes standards for use of coal ash on permitted 
mining sites, and, as stated in this section, beneficial use of coal 
ash at coal mining sites is also subject to applicable provisions of 
Chapters 86-90 of the Pennsylvania Code that includes compliance with 
Pennsylvania's equivalent to the performance standards of 30 CFR part 
816, such as the protection and storage of topsoil and subsoil, 
hydrologic balance protection, impoundments, postmining land use, 
contemporaneous reclamation,

[[Page 21565]]

backfilling and grading, revegetation, and others.
    This section includes provisions relating to permit fees, and those 
provisions are in accordance with section 507(a) of SMCRA, which 
prohibits permit fees from exceeding the actual or anticipated cost to 
review, administer, and enforce the permit. Pennsylvania explained in 
its letter dated May 30, 2014, that it based the permit fee on 
estimates of program costs to monitor the beneficial use of coal ash, 
including labor costs and sample analysis costs and then only to cover 
a portion of those costs. Pennsylvania further clarified in its 
November 25, 2015, letter that the fees were based on a workload 
analysis of how much time it takes to inspect a coal mine site where 
coal ash is being used and the sampling costs. The fees were then based 
on half of the total cost to account for the portion covered by the 
Title V grant and then further reduced to ``provide a more reasonable 
fee amount.''
    This section also describes operating requirements for various 
applications of coal ash, including general placement location, use at 
coal surface mining activity sites, use as a soil additive or 
substitute, use at coal refuse disposal sites, additional sampling 
protocols, and reporting and notification requirements. These 
provisions have no direct SMCRA counterparts. However, the restrictions 
on placement of coal ash and the requirement that use of coal ash be 
designed to improve or prevent degradation of water quality are 
consistent with the Federal requirement at 30 CFR 816.41(d) to prevent 
acid or toxic drainage, runoff of suspended solids, and general water 
pollution.
    The provisions concerning placement of coal ash at surface mining 
activity sites contain limits on the volume and thickness of coal ash 
and minimum requirements for compaction. These provisions are 
consistent with the Federal regulations at 30 CFR 816.102, which 
require backfilling and grading to minimize erosion and ensure that 
spoil and waste materials are compacted to ensure stability.
    The provisions concerning use of coal ash as a soil additive or 
substitute are not inconsistent with SMCRA or its implementing 
regulations as explained in our Finding for 290.103.
    The provisions concerning use of coal ash at coal refuse disposal 
sites have no direct SMCRA counterparts. However, since the provisions 
apply to sites already permitted under Chapters 86-90 of the Pa. Code, 
and because the coal ash must improve compaction and stability, reduce 
water infiltration, and improve the coal refuse leachate, the 
provisions are consistent with the Federal regulations at 30 CFR 816.81 
and 816.83, which require general coal mine waste to minimize water 
infiltration, minimize surface erosion, and minimize adverse effects of 
leachate.
    The provisions concerning coal ash sampling require compliance with 
the certification provisions proposed at 290.201, which are being 
approved; see our Finding for section 290.201 for rationale. This 
subsection provides for approval of less frequent monitoring only if 
the coal ash will be used on or contiguous to the generation site. 
Under these conditions, the coal ash will be monitored quarterly at the 
generation facility and placed on a contiguous site without any changes 
to the constituents of the coal ash. Therefore, the quarterly 
monitoring at the facility may substitute for a portion of the sampling 
at the adjacent placement site, while still maintaining an overall 
sampling regimen that will protect groundwater and surface waters 
consistent with Federal regulations at 30 CFR 816.41.
    The provisions concerning reporting and notification do not have 
direct SMCRA counterparts. However, the requirement to submit an annual 
report to the PADEP with volume and weight of coal ash, and the 
requirement to notify the PADEP if the coal ash does not meet its 
certification requirements, will allow the PADEP to monitor and react 
to changes in the quantity and quality of coal ash used under this 
chapter, and ensure compliance with the Federal regulations discussed 
herein.
    This section is not inconsistent with the Federal regulations 
implementing SMCRA. Therefore, we approve 25 Pa. Code 290.104.

290.107 Requests for Information

    Pennsylvania has added this section that provides that the PADEP 
has the right to request information documenting compliance with this 
subchapter and that failure to have documentation of compliance may 
result in a presumption of that person disposing of residual waste 
without a permit.
    OSMRE Finding: There is no direct Federal counterpart in either 
SMCRA or its implementing regulations. We have determined that 
Pennsylvania has the discretion to require additional information in 
order to ensure compliance with the Pennsylvania program. We have 
determined that this section is not inconsistent with SMCRA or its 
implementing regulations. Therefore, we approve 25 Pa. Code 290.107.

290.201 Coal Ash Certification

    Pennsylvania has added this section, which provides that, in order 
to obtain coal ash certification, the following must be met:
     Maximum acceptable leachate levels must be met. 
Specifically, for metals and other cations (other than selenium) the 
criterion is 25 times the waste classification standard for a 
contaminant. For selenium and sulfate, the criterion is 10 times the 
waste classification standard. For non-metals and anions (other than 
sulfate and fluoride) the criterion is equal to the waste 
classification standard for a contaminant;
     pH must be greater than 7.0;
     When coal ash is used as an alkaline additive, the calcium 
carbonate equivalency must be a minimum of 100 parts per thousand. The 
Neutralization Potential Test is the standard unless another is 
approved by the PADEP; and
     When coal ash is used as a low permeability material the 
hydraulic conductivity must be 1.0 x 10 to the negative sixth power or 
less. This is evaluated using approved PADEP standards. The testing 
must use compaction and other preparation techniques to simulate 
conditions at the mine site.
    To reach the parameters established above, lime or cement may be 
added to the coal ash contingent upon request to and approval by the 
PADEP.
    Requests to the PADEP for certification by a generator must 
include:
     Name and location of the generator;
     Designation of the beneficial use or uses requested;
     A specific description of the generation process. This 
should include details on the combustion and pollution control 
processes, the impact of these processes on the coal ash, fuel sources 
used, and the expected percentages of coal ash that will be derived and 
ultimately delivered to the beneficial use site;
     Description of any material mixed with the coal ash;
     A detailed chemical analysis, from a documented 
environmental laboratory, on at least four samples, taken throughout a 
2 to 6-month sampling period within a year that fully characterizes the 
composition of the coal ash. This analysis must include:
    [cir] Total concentrations for heavy metal using methods found in 
US EPA's ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods'' (US EPA Publication No. SW-846) or comparable methods 
approved by the PADEP.

[[Page 21566]]

    [cir] Leachable concentration for heavy metals using methods found 
in EPA's ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods'' (US EPA Publication No. SW-846) or comparable methods 
approved by the PADEP. Leachate concentrations must be determined using 
EPA Method 1312, the synthetic precipitation leaching procedure, unless 
another leaching procedure is required by the PADEP.
    [cir] pH using the soil and waste pH method found in EPA's ``Test 
Methods for Evaluating Solid Waste, Physical/Chemical Methods'' (US EPA 
Publication No. SW-846) or comparable methods approved by the PADEP.
    [cir] Information that shows that the laboratory making a chemical 
analysis for the application is in compliance with 27 Pa.C.S. Chapter 
41 (relating to environmental laboratory accreditation)
     A laboratory analysis for optimum moisture content and dry 
density;
     Analysis of hydraulic conductivity;
     Determination of neutralization potential;
     A detailed description of the sampling methodology used; 
and
     Other necessary testing if required for a specific 
beneficial use proposed.
    PADEP will review requests and notify the generator in writing of 
the assigned certification identifier or rationale as to why the source 
was not certified. If the coal ash is certified, the generator must 
submit regular monitoring information demonstrating continued 
compliance. The monitoring information must include at least one 
representative sample, taken quarterly. Further, a representative 
sample is required whenever there is a change in operation that could 
result in a change to any chemical or physical component of the coal 
ash. Annually a report must be produced that includes the weight, in 
dry tons, of coal ash produced for beneficial use in the previous 
calendar year, an estimate of the volume and the locations of where the 
coal ash is delivered.
    A coal ash generator must notify the PADEP of any changes to the 
information found in the application or evidence that the coal ash is 
not meeting certification requirements.
    OSMRE Finding: We have determined that the provisions in this 
section do not have direct SMCRA counterparts. We have determined that 
the request by a generator for certification of the coal ash is an 
integral component of the process to allow the beneficial use of coal 
ash for reclamation, as an alkaline additive, as a low permeability 
material, or as a soil additive or soil substitute. The Federal 
regulation at 30 CFR 780.18(b)(4) provides that a reclamation plan must 
demonstrate the suitability of topsoil substitutes or supplements under 
30 CFR 816.22(b) and that the regulatory authority may require other 
analyses to demonstrate the suitability of those substitutes and 
supplements. Section 816.22 of Title 30 of the Federal regulations 
requires that overburden used as a soil substitute or supplement allow 
the resulting soil mixture to achieve equivalent vegetative capacity as 
the original soil. This section of the amendment places strict limits 
on chemical constituents, mandates a specific pH range, and requires 
analysis of hydraulic conductivity, moisture content, and dry density. 
The combination of chemical and physical requirements is consistent 
with the requirements of Federal regulations at 30 CFR 780.18 (b)(4) 
and 816.22 (b) of a demonstration for topsoil substitutes and 
supplements.
    Federal regulations at 30 CFR 816.41 require protection of 
groundwater and surface water by preventing acid formation and 
minimizing discharge of pollutants. This proposed section allows for 
the prevention of acid formation through the use of coal ash by 
requiring minimum levels of calcium carbonate equivalency in 
neutralization and by allowing the use of coal ash as a low 
permeability substance to minimize infiltration of water at coal refuse 
disposal sites. This section also minimizes discharge of pollutants by 
setting strict limits on the presence of various chemical components in 
the coal ash. This section therefore is consistent with the performance 
standards described at 30 CFR 816.41.
    Therefore, we approve 25 Pa. Code 290.201.

290.202 Revocation of Certification

    Pennsylvania has added this section, which provides that 
certification for a source of coal ash will be revoked if any of the 
following occur:
     Monitoring requirements are not met;
     Coal ash exceeds certification standards and exceedance 
certification requirements, as described in section 290.203; or
     Physical or chemical characteristics make the coal ash 
unsuitable for beneficial use.
    If certification is revoked, the coal ash cannot be used at a coal 
mining activity site or an abandoned mine land site in the 
Commonwealth, unless recertification is approved by the PADEP as 
outlined in subsection (c).
    Recertification is possible if the generator can demonstrate, via 
detailed chemical analysis on the three recent monthly representative 
samples, that the coal ash meets the certification requirements, and 
there are no physical or chemical characteristics that make the coal 
ash unsuitable for beneficial use.
    OSMRE Finding: We have determined that the provisions in this 
section do not have direct SMCRA counterparts. The Federal regulation 
at 30 CFR 780.2 provides that the regulatory authority, in this case 
the PADEP, should be provided comprehensive and reliable information 
and that activities are only allowed if they are in compliance with 
SMCRA, the regulations, and the regulatory program. The criteria for 
revoking coal ash certification are necessary to ensure that coal ash 
is suitable as a beneficial use and in compliance with Pennsylvania's 
coal ash regulations. We have determined that this regulation is not 
inconsistent with the Federal regulations implementing SMCRA. 
Therefore, we approve 25 Pa. Code 290.202.

290.203 Exceedance of Certification Requirements

    Pennsylvania has added this section, which provides that, if the 
coal ash sample results exceed any certification standard, the 
generator must--within 30 days of receiving the results--submit to the 
PADEP the following, as applicable:
     In the event of a laboratory error, documentation and an 
explanation of the error from the laboratory, along with a corrected 
analysis demonstrating the coal ash certification standards are met; 
and
     Demonstration of an anomaly. This must be documented by a 
comparison of the anomalous sample with prior samples, additional 
samples demonstrating criteria are being met, a plan for temporary 
increases in monitoring, and an explanation of the cause of the 
exceedance and how further exceedances will be avoided.
    By providing this information, if the generator demonstrates to the 
PADEP's satisfaction that the exceedance is an anomaly, use of the coal 
ash as a beneficial use may resume. Failure to provide this information 
will result in a revocation of beneficial use certification for the 
source.
    OSMRE Finding: We have determined that the provisions in this 
section have no direct SMCRA counterparts. As stated in the above 
Finding, the Federal regulation at 30 CFR 780.2 provides that the 
regulatory authority should be provided with comprehensive and reliable 
information and that activities are allowed only if they are in 
compliance with SMCRA, the regulations, and the regulatory program. The 
establishment of procedures for the

[[Page 21567]]

enforcement of the exceedance of certification requirements will ensure 
that no adverse effects will result from those sources of coal ash that 
exceed any certification standard. This section is not inconsistent 
with the Federal regulations implementing SMCRA. Therefore, we approve 
25 Pa. Code 290.203.

290.301 Water Quality Monitoring

    Pennsylvania has added this section, which requires the submittal 
to the PADEP of a water quality monitoring plan before placement or 
storage of coal ash. At a minimum, the plan must include:
     The location and design of down gradient and up-gradient 
monitoring points;
     A minimum of 12 background samples from each monitoring 
point taken at monthly intervals prior to placement of coal ash; and
     After each monitoring point is approved, samples are to be 
taken quarterly unless Pennsylvania requires more frequent sampling.
    The person taking the samples and the laboratory performing the 
analysis must employ the quality assurance/quality control procedures 
outlined in the US EPA's Handbook for Analytical Quality Control in 
Water and Wastewater Laboratories or Test Methods for Evaluating Solid 
Waste. The analytical methodologies used to meet the requirements of 
this section must follow established US EPA protocol. The laboratory 
performing water quality analysis must be in conformity with PADEP 
mandated environmental laboratory accreditation.
    Samples are to be analyzed for pH, temperature, specific 
conductance, alkalinity, acidity, sulfate, chloride, fluoride, nitrate, 
nitrite, ammonia, and total suspended solids without filtration.
    Samples must be analyzed for heavy metals, total and dissolved 
concentrations. Also, static water elevation for monitoring wells and 
for springs, seeps, and mine discharges must be measured. Additional 
parameters may be required at the PADEP's discretion.
    Quarterly water quality monitoring will continue and be submitted 
to the PADEP for a minimum of five years after final placement or 
storage of coal ash and annually thereafter from the end of year five 
through 10 years after final placement or storage, unless a longer 
period is required by the PADEP.
    A demonstration of attainment of applicable groundwater or surface 
water remediation standards must be made and must be in conformity with 
an assessment plan under section 290.304 and an abatement plan under 
section 290.305.
    OSMRE Finding: We have determined that the provisions in this 
section do not have direct SMCRA counterparts. These provisions do 
establish a framework for monitoring and responding to water quality 
readings at sites with beneficial use of coal ash. The section provides 
that the water quality analysis must follow the methodologies in the 
most recent US EPA guidelines along with the Standard Methods for 
Examination of Water and Wastewater, which is also a requirement of the 
Federal regulation at 30 CFR 780.21(a). The Federal regulation at 30 
CFR 780.21(j)(2) requires that the surface water monitoring plan 
include the quantity and quality parameters, sampling frequency, and 
site locations. The section includes all of these requirements. 
Additionally, the section requires water quality monitoring of the same 
parameters as required by 30 CFR 780.21, as well as additional 
parameters not required by that section.
    Paragraph (h) of section 290.301 of the Pennsylvania Code requires 
groundwater monitoring for a period of 10 years after final placement 
of coal ash. The Federal regulations at 30 CFR 816.41 require that both 
surface water and groundwater monitoring must occur until bond release. 
Final bond release occurs once the five-year period of responsibility 
for revegetation, described at 30 CFR 816.116, has elapsed and all the 
reclamation requirements are met. The amendment does not include a 
reference to revegetation in its water monitoring requirements. 
However, Pennsylvania has stated in its May 30, 2014, letter to us 
(Administrative Record Number PA 849.46) that its revised Technical 
Guidance Document will clarify that ``Stage 3 reclamation bonds will be 
held for 10 years following the completion of vegetative planting on 
the site to correspond with the groundwater monitoring required in 
[section] 290.301(h). If pollution of groundwater is not observed at 
the end of this 10-year period, bonds may be released.''
    Therefore, we approve 25 Pa. Code 290.301, to the extent that water 
monitoring will continue until final bond release as specified in 25 
Pa. Code 86.151(a). If we determine in the future that Pennsylvania is 
implementing this provision differently, we may require Pennsylvania to 
submit a program amendment to revise its program.

290.302 Number, Location, and Depth of Monitoring Points

    Pennsylvania added this regulation that provides the water quality 
monitoring system must accurately characterize groundwater and surface 
water flow and chemistry and flow systems on the site and adjacent 
areas. To achieve this, the following must be met:
     The monitoring system must have at least one point that is 
upgradient of the coal ash placement in order to provide representative 
data of groundwater not affected by the coal ash placement. The 
exception to this is in the event the placement is the up-gradient 
point; in such instances down gradient monitoring points will be used;
     The monitoring system must have at least three groundwater 
monitoring points down gradient of the coal ash placement, unless a 
request or need for only two is approved by the PADEP. Furthermore, at 
the PADEP's discretion, springs, seeps, and mine discharges may serve 
as substitutes if they are down gradient and will be as effective in 
monitoring the coal ash placement. Downgradient monitoring points must 
be hydrologically connected to the area of coal ash placement and 
constructed in a manner to detect chemical influence of the coal ash 
placement area throughout the longevity of the placement of coal ash. 
These points must be developed and protected as approved by the PADEP; 
and
     Surface water monitoring points are necessary where such 
monitoring may indicate any chemical influence on the hydrologic regime 
from coal ash placement.
    Upgradient and downgradient points should be sufficient in number, 
location, and depth to be representative of water quality. These points 
must not interfere with routine operations at the site and in most 
cases should be within 200 feet of the coal ash placement area.
    Upgradient points must be located so as not to be affected by 
effects on groundwater or surface water from the coal ash placement 
area. Downgradient monitoring points must be placed to provide early 
detection.
    All wells drilled must be in compliance with the Water Well 
Drillers License Act and all well materials must be decontaminated 
prior to installation.
    OSMRE Finding: We have determined that the provisions in this 
section do not have direct SMCRA counterparts. We have determined that 
the standards for monitoring points described in this section will 
characterize water quality to allow for corrective actions if 
necessary. This section is not

[[Page 21568]]

inconsistent with the provisions of 30 CFR 780.21 that require surface 
water and groundwater monitoring plans to identify the water quantity 
and quality parameters to be monitored and site locations of the 
monitoring points. Accordingly, we have determined that these 
provisions are consistent with the Federal requirements at 30 CFR 
780.21. Therefore, we approve 25 Pa. Code 290.302.

290.303 Standards for Wells and Casing of Wells

    Pennsylvania added a regulation that provides that for monitoring 
wells:
     Wells must be cased to maintain the integrity of the 
borehole and be constructed of material that will not react with the 
groundwater that is being monitored.
     The minimum casing diameter must be four inches.
     The well must be constructed with a screen that is 
factory-made, will not react with the groundwater, and the screen must 
maximize open area to minimize entrance velocities and allow rapid 
sample recovery.
     The well must be filter-packed with chemically inert clean 
quartz sand, silica or glass bead. The material chosen must be well-
rounded and dimensionally stable.
     The casing must extend at least one foot above ground, 
unless the PADEP allows for flush mount wells.
     The annular space above the sampling depth must be sealed 
to prevent contamination and the casing must be designed and 
constructed to prevent cross contamination. The PADEP has discretion to 
approve alternative casing designs for wells in stable formations.
     The protective monitoring well casings must be enclosed in 
a protective casing that protects the well from damage, be installed 
for at least the upper 10 feet of the monitoring well and must stick up 
no more than three feet, and be grouted and placed with a concrete 
collar at least three feet deep.
     The casing must be numbered, strong enough to protect the 
well from damage by heavy equipment or vandalism, protrude above the 
monitoring well casing, have a locked cap and must be made of steel or 
other material of equivalent strength.
    OSMRE Finding: We have determined that the provisions in this 
section do not have direct SMCRA counterparts. However, these 
provisions are consistent with 30 CFR 816.13, which provides that any 
exposed underground opening must be managed and approved by the 
regulatory authority to minimize disturbance to the hydrologic balance 
and must be safe. The monitoring well casing standards described in 
this section will protect groundwater quality, allow for accurate and 
frequent water monitoring, and are protective. Accordingly, we have 
determined that these provisions are consistent with the Federal 
requirements at 30 CFR 816.13. Therefore, we approve 25 Pa. Code 
290.303.

290.304 Assessment Plan

    Pennsylvania has added a regulation providing that an assessment 
plan must be prepared within 60 days should any of the following occur:
     Degradation is indicated from water monitoring data. 
Statistical methods set forth in the US EPA's regulations at 40 CFR 
258.53 will be used to assess the data; or
     Laboratory analysis of public or private water supplies 
indicate contamination of ground or surface water that could reasonably 
be attributable to coal ash placement.
    Assessment must consist of chemical data and a supporting narrative 
should one of the following apply:
     Within ten working days following receipt of the degraded 
sample, re-sampling indicates degradation has not occurred. 
Determination that degradation is not present must be approved by the 
PADEP; or
     Within twenty working days following receipt of the 
degraded sample, demonstration is made that the degradation is caused 
by seasonal variations or activities unrelated to coal ash placement.
    The assessment plan must specifically address the existence of the 
quality, quantity, area, extent, and depth of degradation and the rate 
and direction of migration of contaminants. It must be prepared by and 
under seal of a licensed professional geologist.
    For assessment plans involving wells, lysimeters, borings, pits, 
piezometers, springs, seeps, mine discharges, and other assessment 
structures or devices, the number, location, size, casing type, and 
depth must be included. If the assessment points are wells, they must 
be constructed in accordance with this subchapter.
    All assessment plans must include:
     Sampling and analytical methods for parameters to be 
evaluated;
     Evaluation procedures, including the previously gathered 
groundwater or surface water quality and quantity information, which is 
to be included to determine the concentration, rate, and extent of 
groundwater or surface water degradation from the facility;
     A biological assessment of surface water, if required;
     An implementation schedule; and
     Identification of the abatement standard that will be met.
    The assessment plan must be implemented upon approval by the PADEP 
within a reasonable time not to exceed six months. Should the PADEP 
determine the proposed plan is inadequate, it may modify the plan and 
approve it as modified.
    If the groundwater or surface water assessment indicates that 
contamination is leaving the coal ash placement site, the person 
subject to the requirements of Title 25 of the Pa Code, Chapter 290 
must notify, in writing, each water supply owner within one-half mile 
down gradient of the coal ash placement area that an assessment has 
been initiated.
    Within 45 days after the completion of the assessment plan, the 
person subject to the requirements of Title 25 of the Pa Code, Chapter 
290 must submit a report containing the new data collected, analysis of 
the data, and recommendations on the necessity for abatement.
    If the PADEP determines after review of the assessment report that 
implementation of an abatement plan is not required--pursuant to this 
subchapter--a revised water quality monitoring plan must be submitted 
for approval to the PADEP. This revised water quality plan must outline 
any necessary changes and include an application for permit 
modification if applicable. The modifications to the plan must be 
implemented within 30 days of approval.
    Nothing in this section prevents the concurrent abatement or water 
supply replacement with or prior to implementation of the assessment.
    OSMRE Finding: We have determined that the provisions in this 
section do not have direct SMCRA counterparts. The Federal regulations 
at 30 CFR 816.41 requires groundwater and surface water monitoring, and 
that the operator must promptly notify the regulatory authority when 
sampling indicates non-compliance and take actions provided in 30 CFR 
773.17(e), which requires the permittee minimize any adverse impacts, 
and 30 CFR 780.21(h), which requires the permittee to take remedial 
measures. In response to our inquiry about how assessment plans and 
abatement plans will be incorporated into the coal mining permits and 
how they will be monitored for compliance, Pennsylvania, in its May 30, 
2014, response stated that ``[p]ermit amendments, permit special 
conditions or consent orders would be incorporated into the permit 
should an assessment/abatement plan be required.'' We also

[[Page 21569]]

stated that operators should immediately notify the PADEP of 
contamination leaving the coal ash placement site. Pennsylvania, in its 
May 30, 2014, response stated that the requirements of Chapter 290 of 
the Pennsylvania Code are in addition to the requirements of the Clean 
Streams Law and its implementing regulations, the Surface Mining 
Conservation and Reclamation Act, the Coal Refuse Disposal Control Act, 
and the regulatory provisions of Chapters 86 through 90 of the Title 25 
of the Pa. Code. In addition to those statutes and regulations, 
Pennsylvania clearly states at 290.304(g) that this provision does not 
prevent the PADEP from requiring abatement or water supply replacement 
prior to or concurrently with the assessment. Accordingly, we have 
determined that these provisions are consistent with 30 CFR 816.41. 
Therefore, we approve 25 Pa. Code 290.304.

290.305 Abatement Plan

    Pennsylvania added this regulation requiring the submission of an 
abatement plan to the PADEP when any of the following occur:
     The aforementioned assessment plan demonstrates the 
presence of groundwater or surface water degradation and analysis 
indicates an abatement standard will not be met at the compliance 
points;
     Departmental monitoring indicates the exceedance of an 
abatement standard even in a situation where an assessment plan has not 
been completed.
    The following are exceptions to this standard and an abatement plan 
will not be required to be implemented:
     Within ten days after receipt of the results re-sampling 
of the affected monitoring points indicates exceedance of an abatement 
standard has not occurred and the PADEP concurs.
    After a biological assessment of surface water indicates a 
detrimental effect to biota, abatement plans must be prepared and 
sealed by a professional geologist licensed to practice in 
Pennsylvania. The plan must include specific abatement of groundwater 
or surface water degradation, techniques to prevent further degradation 
and a schedule for implementation.
    If abatement procedures are required, compliance must be 
demonstrated with at least one of the following standards at the 
identified compliance points:
     In situations where Statewide health standards are 
applicable, compliance with the Statewide health standard is required 
for that constituent at and beyond 500 feet of the perimeter of coal 
ash placement area or at and beyond the property boundary, whichever is 
closer;
     For all constituents, compliance with the background 
standard for constituents at and beyond 500 feet of the perimeter of 
the coal ash placement area or at and beyond the property boundary, 
whichever is closer. Load-based standards at groundwater discharge 
points are acceptable under certain circumstances where approval was 
otherwise granted by the PADEP;
     For constituents for which no primary maximum contaminant 
levels exist, the risk-based standard applies at and beyond 500 feet of 
the perimeter of the placement area or the property boundary, whichever 
is closer, if the following conditions are met:
    [cir] The risk assessment used to establish the standard assumes 
human receptors are present at the property boundary;
    [cir] The level is derived in a manner consistent with the PADEP's 
Land Recycling Program Technical Guidance Manual or other standard 
procedures used in health risk assessments;
    [cir] The level is based on scientifically valid studies conducted 
in accordance with good laboratory practice standards or other 
scientifically valid studies approved by the PADEP; and
    [cir] If the constituent is a carcinogen, the level represents a 
concentration associated with an excess lifetime cancer risk level of 1 
x 10 to the negative fifth power at the property boundary.
    When measuring compliance with secondary contaminants with 
Statewide health standards or those with no primary maximum contaminant 
level, the PADEP may approve a compliance point beyond 500 feet on land 
owned by the owner of the coal ash placement area.
    The abatement plan must be completed and submitted to the PADEP for 
approval within 90 days, unless the deadline is modified in writing.
    In the event the plan is deemed inadequate it may be modified and 
approved, or the submission of a sufficient modification may be 
required by the PADEP.
    The abatement plan must be implemented within 60 days of approval.
    Should the PADEP determine that the plan is incapable of achieving 
the groundwater or surface water protection contemplated in the 
approval, the PADEP may issue an order outlining one or more of the 
following: Requiring a proposed modification to the abatement plan, 
requiring implementation of an abatement plan modified by the PADEP, or 
another order the PADEP deems effective for enforcement.
    OSMRE Finding: We have determined that the provisions in this 
section do not have direct SMCRA counterparts. The Federal regulations 
at 30 CFR 773.17(e) require the permittee to minimize any adverse 
impacts and 30 CFR 780.21(h) requires the permittee to take remedial 
measures. The requirement to prepare and execute an abatement plan will 
mitigate adverse conditions that may arise. Accordingly, we have 
determined that these provisions are consistent with the Federal 
requirements at 30 CFR 773.17(e) and 780.21(h). Therefore, we approve 
25 Pa. Code 290.305.

290.306 Recordkeeping

    Pennsylvania added this regulation that provides that records, 
analyses, and evaluations of monitoring data and groundwater elevations 
must be maintained for a minimum of three years after water quality 
monitoring ceases. This documentation must be made available to the 
PADEP upon request.
    OSMRE Finding: The Federal regulation at 30 CFR 840.14 requires 
that records provided to the State must be available to the public for 
at least five years after expiration of the period during which the 
operation is active or covered by a reclamation bond. In 25 Pa. Code 
290.301, Pennsylvania provides that quarterly water quality monitoring 
will continue and be submitted to the PADEP for a minimum of five years 
after final placement or storage of coal ash and annually thereafter 
from the end of year five through 10 years after final placement or 
storage, unless a longer period is required by the PADEP. Also, 
Pennsylvania's regulations require retention of water monitoring data 
for a minimum of three years after monitoring ceases, coupled with the 
provision that quarterly monitoring will continue for five years after 
final placement or storage of coal ash and annually for ten years after 
placement. Pennsylvania, in its May 30, 2014, response to us, stated 
this it ``holds the monitoring records from the operators 
indefinitely'' and it holds ``records for greater than 5 years.'' 
Accordingly, we have determined that the provisions in this section do 
not have direct SMCRA counterparts but are consistent with 30 CFR 
840.14. Therefore, we approve 25 Pa. Code 290.306.

290.307 Interim Water Quality Monitoring Requirements

    Pennsylvania added this section, which is applicable to coal mine 
sites where coal ash has been stored or placed for beneficial use prior 
to

[[Page 21570]]

December 11, 2010, and will continue after that date.
    Sites not previously subject to water quality monitoring 
requirements must submit a water quality monitoring plan whereby the 
location and design of down-gradient and up-gradient monitoring points 
are identified, and samples are taken quarterly. This plan must be 
implemented within one year of the PADEP's approval of the plan.
    Sites previously subject to water quality monitoring must ensure 
new monitoring points and replacement wells constructed after December 
11, 2010, comply with the provisions of this subchapter including 
number, location, and depth of monitoring wells and ensure the wells 
are properly cased as set forth in this subchapter.
    All water quality monitoring after March 11, 2011, must include 
analysis of pH, temperature, specific conductance, alkalinity, acidity, 
sulfates, chlorides, fluoride, nitrate, nitrite, ammonia, and total 
suspended solids as well as analysis of a variety of heavy metals, 
static water elevation for monitoring wells, and measured flow of 
springs, seeps, and mine discharges.
    OSMRE Finding: These water quality provisions, which apply to coal 
ash disposal sites in existence prior to December 11, 2010, and 
continue to be used for beneficial use after December 11, 2010, cross-
reference water quality provisions at section 290.301(b)(1) (b)(3), (e) 
through (g), as well as sections 290.302(b)-(f) and 290.303 of the 
Pennsylvania Code. As we stated above, we are approving in this 
rulemaking those provisions that apply to newly permitted sites. 
Through these provisions, Pennsylvania is ensuring that existing 
disposal sites are monitored in the same way as newly permitted sites. 
As we noted above, these monitoring provisions are consistent with the 
hydrologic information requirements at 30 CFR 780.21. Therefore, we 
approve 25 Pa. Code 290.307.

IV. Summary and Disposition of Comments

    We asked for public comments and requests for public hearings or 
meetings regarding the amendment. We received comments directly from 
five individuals and the following entities: The Anthracite Region 
Independent Power Producers Association (ARIPPA); CREDO Action (CREDO) 
(along with 3,424 individual comments); the Environmental Integrity 
Project (EIP), including Citizens Coal Council (CCC), Mountain 
Watershed Association, Earthjustice, and the Center for Coalfield 
Justice; the Electric Power Generation Association (EPGA); and the 
National Mining Association (NMA).
    We also received oral testimony from several individuals at the two 
public hearings, some in their individual capacity and some in their 
representative capacity. At the public hearing in Pottsville, 
Pennsylvania, we received testimony from ten individuals. At the public 
hearing in Pittsburgh, Pennsylvania, we received testimony from twelve 
individuals.
    NMA commented that certain citizens' groups wanted us to delay 
approval of any State program amendments proposing the placement of 
coal ash on surface coal mining operations until after we and the US 
EPA promulgated Federal regulations on the placement of coal ash. NMA 
opposed this position and stated that there is no good reason to delay 
approval of State program amendments, that SMCRA creates a system of 
``primacy'' for States, and our task is to evaluate proposed State 
program amendments on whether or not the amendment meets the minimum 
requirements of SMCRA. The NMA stated it was not taking a position on 
the substance of the Pennsylvania amendment, but wanted the State's 
primacy respected, and its amendments appropriately considered.
    OSMRE Response: We agree with the NMA that we should not delay our 
decision making on program amendments proposing the placement of coal 
ash on surface coal mining operations.
    ARIPPA and EPGA commented that they support the Pennsylvania rules 
and that we should approve the program amendment.
    OSMRE Response: We are approving the program amendment.
    Individual 1 requested that we establish Federal standards for the 
disposal of coal ash and to follow the 2006 National Academy of 
Sciences recommendations. Additionally, the commenter expressed 
environmental concerns regarding a specific mine site in Pennsylvania 
and that Pennsylvania needs Federal oversight when it comes to 
regulating coal ash. The commenter stated that she was greatly relieved 
when we intervened at the mine site.
    OSMRE Response: The commenter is correct that SMCRA provides for 
enforcement oversight by OSMRE of a State program. Section 503(a) of 
SMCRA (30 U.S.C. 1253(a)) permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations within the 
State upon approval by us of the State's program; however, this primacy 
is subject to OSMRE's oversight and enforcement authority, which is 
primarily set forth in section 521 of SMCRA (30 U.S.C. 1271). SMCRA 
does not require that there must be Federal regulations in place before 
a State program amendment can be submitted to us for review and 
decision making. Section 505(b) of SMCRA (30 U.S.C. 1255(b)) and 30 CFR 
730.11(a) provide that ``[a]ny provision of any State law or regulation 
. . . which provides for the control and regulation of surface mining 
and reclamation operations for which no provision is contained in this 
Act [SMCRA] shall not be construed to be inconsistent with this Act.'' 
As stated above in this rulemaking, except for two performance standard 
references, there is no direct SMCRA counterpart to Pennsylvania's 
regulations on the placement of coal ash on surface coal mining 
operations. Furthermore, pursuant to 30 CFR 730.11(a), the Pennsylvania 
regulations are not inconsistent with nor do they preclude the 
implementation of SMCRA and its regulations.
    Individual 2 commented regarding a specific fly ash impoundment 
located in Beaver County, Pennsylvania, that the impoundment's fly ash 
blows in the wind and that it has no liner. Also, she is concerned 
about the health of individuals.
    OSMRE Response: We believe that the Pennsylvania regulations 
protect individuals living near surface coal mining operations using 
coal ash. The regulations include a chemical and physical certification 
program to ensure compliance with beneficial use requirements, 
standards for the location and type of coal ash that is permitted, and 
water quality monitoring to ensure that any unforeseen impacts on water 
quality are addressed promptly and thoroughly. Furthermore, the ash 
impoundment referenced in this comment is not located on a coal mining 
site and, therefore, is outside the scope of this amendment review.
    CREDO provided 3,424 individual comments. All of the comments 
wanted strong Federal rules on the disposal and management of coal ash 
and did not want us to approve the Pennsylvania regulations because of 
concerns that the amendment would put drinking water supplies at risk. 
Some individuals had additional comments such as: A request to not 
allow abandoned coal mines to hold coal ash because these abandoned 
mines were not designed to hold coal ash; concerns related to 
hydrofracking activities; a request to delay our approval of the 
Pennsylvania amendments until after US EPA regulations go into effect; 
concerns with the fact that some coal ash contains heavy metals--
including arsenic,

[[Page 21571]]

mercury, and selenium--that cause serious health problems; a suggestion 
to contain coal ash in specially designed pits to keep it out of 
groundwater; a request to test each site to prevent leakage into water 
sources; a suggestion that coal ash should be encased in sealed 
abandoned mines that will hold the ash; a proposal that coal ash should 
be contained and methods of detecting leakage employed at each site; 
general statements that Pennsylvania should move away from fossil fuels 
to reduce its carbon emissions; a request that coal ash be vitrified 
instead of placed at mining sites; and a statement that the proposed 
amendments interferes with the Pennsylvania constitution, which gives 
people the right to clean air and water.
    OSMRE Response: The Pennsylvania regulations for abandoned coal 
mines were not submitted as a program amendment, so they are outside 
the scope of this amendment and require no further response. 
Hydrofracking activities are also outside the scope of this amendment 
and requires no further response. We disagree that we should wait until 
after the US EPA regulations are in place because SMCRA does not 
require that there must be Federal regulations in place before a State 
program amendment can be submitted to us for review and decision 
making. In fact, section 505(b) of SMCRA specifically provides for 
those situations where there are no SMCRA counterparts. On April 17, 
2015, US EPA published a final rule regarding the disposal of CCR from 
electric utilities. (80 FR 21302CCR) In US EPA's preamble to the April 
17, 2015, final rule, US EPA stated that its ``rule does not apply to 
CCR placed in active or abandoned underground or surface coal mines.'' 
(80 FR 21341) Pennsylvania's program amendments require a chemical 
analysis for heavy metals such as arsenic, mercury, and selenium and 
has established maximum acceptable leachate levels for metals. We 
disagree that coal ash must be placed into specially designed pits to 
prevent groundwater infiltration. We have determined that incorporation 
into the soil or placement in the coal pit, in combination with the 
coal ash certification described in section 290.201 of the Pennsylvania 
Code, the restrictions on placement described in sections 290.103 and 
290.104 of the Pennsylvania Code, and the water monitoring protocols 
described in sections 290.301 through 290.305 of the Pennsylvania Code 
are sufficient to prevent groundwater infiltration. We agree that sites 
should be tested to prevent contamination of water sources, and we have 
determined that the water monitoring protocols described in sections 
290.301 through 290.305 of the Pennsylvania Code are sufficient. 
Additionally, section 290.101(e) of the Pennsylvania Code prohibits, 
except in limited circumstances, the placement of coal ash within eight 
feet of a water table and prohibits the use of coal ash that will cause 
water pollution. Encasement of coal ash in abandoned mines is outside 
the scope of this amendment and requires no further response. The 
carbon emissions produced by coal combustion are outside the scope of 
this amendment and requires no further response. Vitrification of coal 
ash as a possible means for disposing of coal ash is outside the scope 
of this amendment and requires no further response. Finally, we 
disagree that the amendment would interfere with the Pennsylvania 
constitution's requirements for clean air and water. Pennsylvania has 
added requirements and restrictions described above that protect air 
and water quality.
    Individual 3 commented on two specific sites that the proposed rule 
does not adequately protect residents from fugitive dust emissions 
emanating from coal ash. She also commented that we should establish 
SMCRA regulations for coal ash use instead of allowing Pennsylvania to 
establish a State rule.
    OSMRE Response: We disagree that the proposed rule does not 
adequately address fugitive dust. The proposed rule specifically 
requires that operators must control fugitive dust to the highest 
possible extent, as described at sections 290.103(c)(8) and 
290.104(f)(8) of the Pennsylvania Code. Further, the specific ash 
impoundments mentioned by the commenter are not located on coal mining 
sites and are therefore outside of the scope of this amendment. In 
addition, please see our above responses to comments about promulgating 
Federal rules implementing SMCRA before a State program amendment can 
be submitted to us for decision making.
    EIP commented that Federal standards for coal combustion waste 
should be established before we approve a State program amendment; 
thus, they noted that we must let US EPA rulemaking conclude before 
approving this amendment. EIP also opined that SMCRA requires that the 
Secretary not approve a State program until US EPA has disclosed its 
views on the State program. Other EIP comments include suggestions 
that: Water monitoring should occur for 30 years beyond the closure of 
a coal mine site that accepts coal ash; water monitoring should occur 
when there are 10,000 tons of coal ash placed on a mine site instead of 
100,000 tons as currently proposed by Pennsylvania; coal mine sites at 
the uppermost point of a water gradient should still use an up-gradient 
monitoring well during post-closure monitoring; property deeds should 
note that coal ash was used as structural fill; the public should be 
notified of all projects that propose the use of coal ash for 
structural fill or placed on abandoned mine sites; the State should 
require a specific standard for the control of fugitive dust such as 
the one US EPA proposed; there should be public notice and comment when 
coal ash is used as a soil amendment and should also require a 
monitoring plan; there should be stricter requirements for the ``other 
beneficial uses'' described in section 290.106 of the Pennsylvania 
Code; and there should be upfront bonding requirements that are 
sufficient to cover long-term monitoring and potential remediation 
projects.
    OSMRE Response: Please see our above responses to the comments 
requesting that Federal regulations by both us and US EPA be finalized 
before we issue a decision on a State program amendment. As discussed 
below, we did solicit US EPA's comments and concurrence that are 
discussed in this final rule. We disagree that water monitoring should 
occur for 30 years beyond closure of a coal mine site that uses coal 
ash. The monitoring requirements in the proposed rule do not replace 
the monitoring requirements provided for in Pennsylvania's existing 
approved program and described in our regulations, and the coal ash 
will be certified as safe for use in advance, as described at 25 Pa. 
Code 290.201. Further, any indications of water quality degradation in 
the initial ten-year monitoring period will necessitate abatement 
measures as required by section 290.305 of the Pennsylvania Code.
    We disagree that water monitoring should be required for 
applications of more than 10,000 total tons of coal ash on the coal 
mining activity site. The certification program incorporated into 
Pennsylvania's proposed rule prohibits the usage of ash that includes 
certain amounts of contaminants. Using ash certified in this manner 
eliminates the need for monitoring under the proposed thresholds of 
10,000 tons of coal ash per acre or 100,000 total tons at the site, as 
described at 25 Pa. Code 290.101(d). Additionally, Pennsylvania may 
require water quality monitoring for lesser quantities of coal ash if 
the site conditions warrant.

[[Page 21572]]

    We disagree that sites occupying the uppermost portion of a water 
gradient should require at least one upgradient monitoring well. Such 
sites have no upgradient monitoring points available, and the amendment 
requires the use of a representative downgradient monitoring well that 
will detect any adverse effects, as described at 25 Pa. Code 290.301.
    EIP's comments regarding deed notations for structural fills and 
that the public should be notified of all projects that propose use of 
coal ash for structural fill or placed on abandoned mine sites are 
outside the scope of this amendment. Because Pennsylvania has not 
submitted its regulations at sections 290.102 (structural fill) or 
290.105 (abandoned mine sites) of the Pennsylvania Code to us for 
review, these comments address regulations that are outside the scope 
of our decision making, and they require no further response at this 
time.
    We disagree that the proposed rules for fugitive dust are too 
vague, and that a specific standard should be added to the proposed 
rule. Pennsylvania's proposed regulations at sections 290.103(c)(8) and 
290.104(f)(8) of the Pennsylvania Code require that offsite dispersion 
of dust from coal ash must be minimized. Pennsylvania, in its May 30, 
2014, letter clarified that coal ash is ``subject to the existing 
regulations relating to air resources protection. Sections 87.137, 
88.114, 88.205, 88.317, 89.64 and 90.149 provide for the required 
protections.'' The Federal regulations at 30 CFR 816.95 require that 
exposed surface areas must be protected and stabilized to effectively 
control air pollution attendant to erosion. Thus, Pennsylvania's 
proposed regulations are not inconsistent with the SMCRA regulation.
    The proposed Pennsylvania regulation at section 290.104(d) of the 
Pennsylvania Code requires that a coal operator who uses coal ash on a 
coal mining site must provide public notice pursuant to sections 86.31 
and 86.54 and that coal ash used as a soil substitute or soil additive 
will be part of the approved reclamation plan. Pennsylvania has 
proposed a water monitoring plan that is not inconsistent with the 
Federal regulations implementing SMCRA. There is no SMCRA regulation 
requiring monitoring of soil placement or soil additive.
    EIP's comment that there should be stricter requirements for 
``other beneficial uses'' in section 290.106 is outside the scope of 
our review because Pennsylvania has not submitted its regulations at 
290.106 (other beneficial uses) to us for approval. Thus, this comment 
requires no further response.
    We disagree that additional financial assurance should be required 
for projects using coal ash. Pennsylvania clarified in its May 30, 
2014, letter to us that the beneficial uses of coal ash at coal mining 
sites are subjected to bonding regulations described at 25 Pa. Code 
Chapter 86, Subchapter F, which are part of the approved Pennsylvania 
program. The only SMCRA regulations requiring financial assurance are 
the bonding requirements of 30 CFR part 800. Because the amendment 
includes several measures, such as the coal ash certification described 
at 25 Pa. Code 290.201, the restrictions on placement near the water 
table and surface water throughout the amendment, and the water quality 
monitoring protocols described at sections 290.301 through 290.305, we 
have determined those measures protect water quality and allow 
revegetation, and the existing Pennsylvania bonding regulations are 
sufficient to ensure funding for reclamation if bond forfeiture occurs.
    Individual 4 commented that the proposed rule at section 290.303 of 
the Pennsylvania Code does not require background water quality 
sampling down-gradient of the coal mining site; that the monitoring 
does not include measurements of radioactivity; that comparing water 
quality data from residential wells and monitoring wells is inaccurate 
because the monitoring wells filter out the contaminants while the 
residential well does not filter the contaminants before the residents 
drink the water; that monitoring does not include secondary 
contaminants, including iron and manganese; that use of coal ash in 
reclamation produces off-gassing of carbon dioxide; and that the waiver 
for water quality monitoring for less than 100,000 tons of coal ash is 
too broad.
    OSMRE Response: We disagree that the proposed rule does not require 
background water quality sampling down-gradient of the use site. 
Section 290.302 of the Pennsylvania Code explicitly requires three 
down-gradient groundwater monitoring points. Additionally, Section 
290.301 of the Pennsylvania Code explicitly requires that each water 
quality monitoring plan will include a minimum of 12 background samples 
from each monitoring point, taken at monthly intervals before the 
placement of coal ash.
    SMCRA and its implementing regulations do not require monitoring 
for radioactivity. State regulatory programs must be as effective as 
the SMCRA implementing regulations but do not have to exceed them. See 
also, 30 CFR 730.11.
    We disagree that the proposed rule intends to compare residential 
wells with monitoring wells. The background water quality sampling 
required in section 290.301 of the Pennsylvania Code calls for a 
minimum of 12 background samples that conform to monitoring protocols 
written by the US EPA. Further, the use of filters in the monitoring 
wells does not reduce the accuracy of the readings, notwithstanding the 
lack of filters in many residential wells. The readings from the 
monitoring wells are intended to indicate changes in chemical 
constituent concentrations over time, not to compare directly with 
residential water. Readings from monitoring wells are also compared to 
national and State water quality standards. Those water quality 
standards are meant to be compared to samples acquired through US EPA 
monitoring standards, including properly filtered monitoring wells.
    SMCRA and its implementing regulations do not require monitoring 
for secondary contaminants. As noted previously, state regulatory 
programs must be as effective as the SMCRA implementing regulations but 
do not have to exceed them.
    SMCRA and its implementing regulations do not address off-gassing, 
so we cannot require Pennsylvania to require regulation of off-gassing 
from reuse of coal ash.
    We disagree that the proposed amendment must include water quality 
monitoring for projects using less than 100,000 total tons of coal ash, 
or 10,000 tons per acre. The certification program described at section 
290.201 prohibits the usage of ash that contains certain amounts of 
contaminants. Using ash certified in this manner is not inconsistent 
with the SMCRA regulations and Pennsylvania requirements at sites using 
less than 100,000 total tons of coal ash, or less than 10,000 tons per 
acre, as described at section 290.101(d). Additionally, the 
Pennsylvania Code at section 290.101(d), provides that the PADEP may 
require water quality monitoring for lesser tonnage if warranted by 
site conditions.
    Individual 5 commented that the PADEP in general does not 
adequately measure background levels of contamination before allowing 
waste deposition; that a Centers for Disease Control and Prevention 
(CDC) study of Polycythemia Vera cancer clusters in northeastern 
Pennsylvania indicated coal ash disposal as a correlated factor; and 
that the CDC study methodology

[[Page 21573]]

underestimated the potential correlation by not appropriately 
calculating fugitive emissions and by not including a specific ash 
disposal site. Individual 5 cited section 2.3 of the Betty Kester 
Alliance for a Healthy Future's letter to the Agency for Toxic 
Substances and Disease Registry for the fugitive emissions claim, and 
section 4.2 of that letter for the ash disposal site claim.
    OSMRE Response: The Pennsylvania approved program contains 
monitoring protocols that are consistent with the Federal standards at 
30 CFR 780.21.
    The CDC study indicates that although coal ash disposal does occur 
in the study area, it is not indicated as a causal agent. See CDC's 
fact sheets entitled, Exposure assessment of groundwater for the 
polycythemia vera cluster in northeast Pennsylvania, page 2 https://www.atsdr.cdc.gov/sites/polycythemia_vera/docs/fact_sheet_exposure_assessment_of_groundwater_for_the_polycythemia_vera_cluster_in_northeast_pennsylvania.pdf), and Environmental exposure 
assessment of air pollutants for the polycythemia vera cluster in 
northeastern Pennsylvania, page 3 (https://www.atsdr.cdc.gov/sites/polycythemia_vera/docs/fact_sheet_environmental_exposure_assessment_of_air_pollutants_for_the_polycythemia_vera_cluster_in_northeast_pennsylvania.pdf).

Public Hearings

Pottsville

    Individual 4 commented that the use of coal ash in mine reclamation 
cannot improve water quality; that coal ash is an industrial waste; 
that the proposed regulations do not include a requirement for 
background testing on residential wells; that the monitoring wells will 
not protect drinking water supplies because they use filter packs that 
residential wells lack; that the monitoring protocols and 
specifications are ineffective; that the proposed rule at section 
290.303 of the Pennsylvania Code does not require background water 
quality sampling down-gradient of the coal mining site; that the 
monitoring does not include measurements of radioactivity; that 
monitoring does not include secondary contaminants, including iron and 
manganese; and that use of coal combustion ash in reclamation produces 
off-gassing of carbon dioxide.
    OSMRE Response: Regarding the comment that coal ash is an 
industrial waste, we disagree that coal ash meets the common 
understanding of the term ``industrial waste'' when used as structural 
fill or as an alkaline agent at surface mining sites. Industrial waste 
is commonly understood to include substances with no potential for 
reuse and that are landfilled or otherwise contained. The use of coal 
combustion byproducts described in the proposed regulations would 
preclude the byproduct from being considered waste.
    The rest of the individual's testimony was the same as his written 
comments. For our response to the rest of the testimony, please see our 
response above to the Individual 4 written comments.
    Individual 6 commented that he was concerned about the impacts of 
the amendment on local well drinking water; that if the use is 
beneficial, no permit is required; there was inadequate public notice 
on a particular permit because the coal mine site borders two counties 
and the permit was only noticed in one paper; PADEP does not 
sufficiently deliberate before approving coal ash impoundments; and 
that Federal oversight of the State program is necessary.
    OSMRE Response: We have determined that the amendment includes coal 
ash certification at 25 Pa. Code 290.201 and water quality monitoring 
at sections 290.301 through 290.305, and that these provisions protect 
water quality and are consistent with the Federal regulations at 30 CFR 
780.21, 816.41, and 816.42. Please see our Findings for more 
explanation. Individual 6 is correct that a solid waste disposal permit 
is not required because it is not considered a solid waste if there is 
a beneficial use of coal ash. The particular permit referred to by the 
commenter has a Chapter 290 beneficial use permit. Regarding the public 
advertisement of that operation's proposed permit, section 290.104(d) 
requires public notice pursuant to sections 86.31 or 86.54 of the 
Pennsylvania Code. Those two sections, sections 86.31 and 86.54, are 
already part of Pennsylvania's approved program and not part of the 
program amendment that we are considering; thus, no further response is 
required. Coal ash impoundments are no longer authorized under 
Pennsylvania's coal mining program, as these are not approved 
beneficial uses. We agree that there is Federal oversight of State 
programs. We already inspect State regulatory programs and enforce 
SMCRA and its implementing regulations, when necessary.
    Individual 7 read the commentary of a soil scientist, who wrote 
that section 290.201 of the Pennsylvania Code erroneously labels 
several contaminants, including arsenic, selenium, and manganese, as 
metals and cations, and as a result allows too high a concentration in 
the certified coal ash. Individual 7 also stated that Pennsylvania 
accepts industry science on coal ash without verification, and that 
Federal oversight on the State program is needed.
    OSMRE Response: The certification standards at section 290.201 of 
the Pennsylvania Code do not classify arsenic and manganese as metals 
and provide a separate maximum leachate amount for selenium. Our 
regulations do not have a maximum acceptable leachate level. Also, 
Pennsylvania, in its May 30, 2014, letter to us, clarified that the 
basis of its list is Table 3.2 in Managing Coal Combustion Residues in 
Mines produced by the National Research Council (NRC) in 2006. 
Pennsylvania went on to say that it added parameters to the NRC list 
such as nitrate, nitrite, ammonia, the major cations and anions, and 
fluoride. Fluoride was added in response to a comment during 
Pennsylvania's own comment period. Please see our above response to the 
comment on Federal oversight of the Pennsylvania program.
    A representative of the Electropower Generation Association 
commented that the use of coal ash reduces landfill dumping on 
undisturbed sites, that coal ash can mitigate acid mine drainage, and 
that because of the large volume of coal ash produced in the State they 
worked with the State environmental regulators to come up with a 
beneficial program.
    OSMRE Response: We acknowledge the group's support of the proposed 
amendment and no further response is required.
    Individual 8 commented that a coal ash impoundment called the 
Hazleton Project presents a danger to several streams in the 
Susquehanna River watershed; that dust emissions from fly ash 
impoundments have caused air quality problems; that the placement of 
coal ash puts well drinking water at risk; and that coal ash needs to 
be regulated at the Federal level.
    OSMRE Response: Please see our above responses to comments 
regarding coal ash impoundments; the safeguards in the amendment that 
protect water quality, air quality and drinking water supplies; and why 
the Pennsylvania program amendment can be approved without a SMCRA 
counterpart specifically relating to coal ash.
    A representative of the CCC commented that some elements of the 
amendment were important improvements, such as the prohibition on 
placement of coal ash within eight feet of water tables; monitoring and 
testing for more trace metals and other parameters in the leachate; 
collection of

[[Page 21574]]

a minimum of 12 months baseline of water monitoring data prior to the 
placement of coal ash; quarterly monitoring after coal ash placement; 
and ten years of monitoring after the cessation of ash placement. The 
CCC also commented that significant improvements are still needed, 
including requiring use of liners in landfills and surface impoundments 
for coal ash placement. The CCC also commented that Federal oversight 
of coal ash placement is needed, and that SMCRA framers did not 
envision coal mining sites as major ash disposal sites.
    OSMRE Response: Landfills and surface impoundments are outside of 
the scope of this amendment, so no further response is required. Please 
see our above responses to comments regarding Federal oversight of the 
Pennsylvania program and provisions that are not included within SMCRA 
or its implementing regulations.
    Individual 9 commented that the high incidence of polycythemia vera 
in the eastern Pennsylvania region may be a result of unlined coal ash 
impoundments, fugitive dust emissions, and the many Superfund sites and 
illegal dumping practices prevalent in the area.
    OSMRE Response: Please see our above responses to comments on the 
incidence of polycythemia vera in the eastern Pennsylvania region and 
on fugitive dust emissions. The comments regarding impoundments, 
Superfund sites, and illegal dumping are outside the scope of this 
amendment and require no additional response.
    Individual 10 commented that Federal rules on coal ash placement 
are needed because individual States are too receptive to industry 
influence to ensure adequate environmental protection.
    OSMRE Response: Please see our response above to comments 
concerning approval of Pennsylvania's proposed coal ash beneficial use 
amendment before the promulgation of SMCRA regulations for coal ash.

Pittsburgh

    A representative of the Center for Coalfield Justice read testimony 
on behalf of Individual 10 that nationwide Federal regulations should 
be used to regulate use of coal ash so that the ash is not shipped to 
the State with the weakest regulations; that several components of the 
West Virginia coal ash use program are deficient; and that coal ash 
studies have shown poor potential for neutralization of acid mine 
drainage.
    OSMRE Response: Please see our response to comments above regarding 
the absence of SMCRA regulations for coal ash. The West Virginia coal 
ash use program is outside the scope of this amendment and requires no 
additional response. We disagree that the amendment will not improve 
acid mine drainage. The coal ash certification described at 25 Pa. Code 
290.201 includes a Neutralization Potential Test, and the rules 
concerning use of coal ash as a soil substitute at section 290.103 
require a minimum of 100 parts per thousand of calcium carbonate 
equivalency.
    Individual 11 commented that the PADEP dismisses the health 
concerns of citizens regarding impoundments of coal ash, and that 
Federal regulations are needed to ensure proper protection of public 
health.
    OSMRE Response: Please see our responses to comments above 
regarding coal ash impoundments and regarding the approval of the 
amendment in the absence of SMCRA regulations for coal ash.
    Individual 12, the legal director at the Center for Coalfield 
Justice, commented that Federal regulations on use of coal ash are 
necessary for adequate environmental protection; that the monitoring 
threshold in section 290.101(d) of the amendment is too high; and that 
the amendment does not afford sufficient public participation from 
communities near proposed coal ash reuse sites.
    OSMRE Response: Please see our responses to the comments above 
concerning the approval of the amendment in the absence of SMCRA coal 
ash regulations and the water quality monitoring thresholds in section 
290.101 of the amendment. We disagree that public notice is not 
afforded in coal ash beneficial use projects. Section 290.104 of the 
amendment requires that public notice must be given for any coal ash 
utilization at a coal mining site. Furthermore, all documents related 
to coal ash use will be retained by the PADEP and available to 
interested parties upon request.
    A representative of Earthjustice commented, on behalf of Individual 
13, that fugitive dust from transportation of coal ash is causing 
serious health problems; that Federal regulations are required to 
ensure adequate protection of public health; and that the PADEP does 
not adequately enforce its existing regulations.
    OSMRE Response: Please see our responses to comments above 
regarding fugitive dust and approval of the amendment in the absence of 
Federal regulations. The PADEP's enforcement of its regulations is 
outside the scope of this notice, which concerns the amendment and its 
adherence to SMCRA, and no further response is required, except to note 
that, under 30 CFR 733.12, we annually evaluate the administration of 
the State program to ensure compliance with SMCRA and its regulations.
    Individual 14 commented that Federal regulations should be 
published before the proposed Pennsylvania amendment is approved; that 
the US EPA's proposed rules on coal ash disposal should be the source 
for developing other regulations; that we must seek US EPA comments and 
provide those comments to the public; that we should restrict material 
damage to the hydrologic balance outside of the permit area; that the 
amendment is too vague in its regulation of fugitive dust emissions, 
and that it should use a specific limit of 35 micrograms instead of 
requiring `minimization' of fugitive dust emissions; and that the 
amendment does not require adequate groundwater monitoring, because 
sites without an upgradient monitoring point available should use a 
representative sampling site instead.
    OSMRE Response: Please see our responses to comments above 
concerning approval of the amendment in the absence of Federal 
regulations and the US EPA's regulations on coal ash use. Moreover, we 
have received concurrence from the US EPA concerning this amendment; 
please see below the Federal Agency Comments subsection. The amendment 
at section 290.104 requires compliance with Pennsylvania's approved 
program. Pennsylvania's approved program restricts material damage to 
the hydrologic balance outside of the permit area (see 25 Pa. Code 
87.101(a)). The water quality monitoring protocols of this amendment, 
at sections 290.301 through 290.305, require operators to monitor water 
quality downgradient from the placement site and abate any increases in 
contaminants. The requirement to minimize emissions, in combination 
with the time limits on coal ash storage before application, as 
described in sections 290.103 and 290.104, are consistent with the 
SMCRA implementing regulations. The Federal regulation at 816.95(a) 
requires all exposed surface areas to be protected and stabilized to 
control air pollution. The Federal regulations implementing SMCRA do 
not have specific dust limitations, so there is no requirement under 
the SMCRA regulations for a 35-microgram limit, instead of the 
requirement to minimize fugitive dust emissions described in sections 
290.103 and 290.104 of this amendment. We disagree that that the 
amendment does not require a representative sample of

[[Page 21575]]

baseline groundwater quality for sites at the most upgradient location. 
Section 290.302(a)(1) requires that for sites occupying the most 
upgradient position, representative samples must be taken from 
downgradient locations sufficient to determine the extent of any 
adverse effects.
    A representative of the Pennsylvania Coal Alliance (PCA) commented 
that PCA supports Pennsylvania's amendment, that it recycles a product 
that protects public health and the environment; and that the process 
of writing the regulations has been open and transparent.
    OSMRE Response: We acknowledge this group's support of the proposed 
amendment and no further response is required.
    Individual 15 commented that Federal rules and Federal oversight 
are needed because Pennsylvania cannot adequately regulate the storage 
and use of coal ash, using his experience as a former mayor of a town 
near an ash impoundment as evidence.
    OSMRE Response: Please see our responses to comments above 
regarding approval of the amendment in the absence of Federal 
regulations and our oversight of the Pennsylvania program.
    A representative of the Center for Coalfield Justice commented, on 
behalf of Individual 16, that fugitive dust from coal ash disposal 
sites has caused serious health issues; that the PADEP does not enforce 
its existing regulations; and that Federal rules should be in place 
before the amendment is passed.
    OSMRE Response: Please see our responses to comments above 
regarding fugitive dust emissions and coal ash impoundments, 
Pennsylvania's enforcement of its existing regulations, and approval of 
the amendment in the absence of Federal regulations.
    A representative of the Mountain Watershed Association commented, 
on behalf of Individual 17, that fugitive dust from coal ash disposal 
sites has caused serious health issues; that the PADEP does not enforce 
its existing regulations, especially concerning the transport of coal 
ash on windy days; and that we should pass Federal rules on use of coal 
ash before allowing State rules to come into effect.
    OSMRE Response: Please see our responses to comments above 
regarding fugitive dust emissions and coal ash impoundments, 
Pennsylvania's enforcement of its existing regulations, and approval of 
the amendment in the absence of Federal regulations.
    A representative of the Mountain Watershed Association commented 
that the use of coal ash for treatment of acid mine drainage 
necessarily entails that no liners will be used, and that this creates 
an unacceptable environmental risk; and that Federal rules need to be 
in place before State programs are approved, that if there are not 
Federal standards then people in Pennsylvania will be affected by West 
Virginia because it will not have the same standards as Pennsylvania as 
States will ship coal ash to the location with the weakest regulations.
    OSMRE Response: Please see our responses to the comments above 
regarding the use of liners in coal ash use and approval of the 
amendment in the absence of Federal regulations.
    A representative of the Center for Coalfield Justice commented, on 
behalf of Individual 18, that coal ash impoundments have harmed water 
quality near LaBelle, Pennsylvania; that fugitive dust emissions from 
coal ash impoundments are causing public health problems; that coal ash 
impoundments are causing harm to local groundwater supplies; concerns 
about structural failures of impoundments like the Tennessee Valley 
Authority facility in Kingston, Tennessee; and that Federal rules are 
required because States cannot adequately protect the environment and 
public health.
    OSMRE Response: Please see our responses to comments above 
regarding coal ash impoundments, fugitive dust emissions, and approval 
of the amendment in the absence of Federal regulations.
    Individual 19 commented that Federal regulations on the use of coal 
ash are necessary in order for state regulatory programs to be 
effective; and that there is strong evidentiary basis to enact policy 
grounded in science for Federal rulemaking.
    OSMRE Response: Please see our response to the comment above 
regarding approval of the amendment in the absence of SMCRA regulations 
for coal ash.

Federal Agency Comments

U.S. Environmental Protection Agency (US EPA) Concurrence and Comments

    Under 30 CFR 732.17(h)(11)(ii), we are required to get a written 
concurrence from the US EPA for those provisions of a program amendment 
that relate to air or water quality standards issued under the 
authority of the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean 
Air Act (42 U.S.C. 7401 et seq.). This amendment relates to air and 
water quality standards, so on June 7, 2012, we requested comments and 
concurrence from the US EPA (Administrative Record No. PA 894.04). 
OSMRE received a letter from the US EPA dated October 18, 2012 
(Administrative Record No. PA 894.23), that granted concurrence and 
submitted the following comments.
    1. The implementation of the amendment must comply with the Clean 
Water Act (CWA), Safe Drinking Water Act (SDWA), Clean Air Act (CAA), 
and the Solid Waste Disposal Act;
    2. The lifetime cancer risk indicated at 290.305(c)(3)(iv) is at 1 
x 10-\5\ while Pennsylvania's water quality standards at 25 
Pa. Code 93.8 are at 1 x 10-\6\.
    3. The use of the term ``water supply'' should be clarified in 
section 290.102(g)(2).
    4. Pennsylvania should clarify what are public and private water 
supplies in section 290.304, while previous sections of Chapter 290 do 
not make a distinction and uses the term ``water supply.''
    5. Pennsylvania should consider restricting use of coal ash within 
300 feet of occupied dwellings for structural fills allowed under 
section 290.102.
    6. The coal ash certification and monitoring should include any 
constituent that has been identified as an issue or potential issue 
such as bromide.
    7. US EPA would like clarification on whether the 100-foot buffer 
around sinkholes described in section 290.102(g)(4) was related to 
runoff controls for conduits to groundwater.
    8. The assessment and abatement plans described in sections 290.304 
and 290.305 should use the criteria from Pennsylvania's water quality 
standards at 25 Pa. Code Chapter 93.
    9. If placement of coal ash in abandoned coal mines may constitute 
injection subject to the Underground Injection Control Federal 
requirements at 40 CFR part 144, then authorization from the US EPA 
would be required.
    OSMRE Response: In our response, any reference to a Pennsylvania 
response refers to the May 30, 2014, letter from Pennsylvania to us.
    With regard to other Federal environmental laws, Pennsylvania's 
response stated that ``there is nothing in Chapter 290 that supersedes 
the requirements of the CWA, CAA, SDWA, SMCRA or the National Pollution 
Discharge Elimination System permitting program under the CWA. 
Implementation of Chapter 290 is in the context of the existing 
statutory and regulatory framework.''
    In that same response, Pennsylvania addressed the different cancer 
risk levels stating that ``the risk level used in section 290.305 is 
based upon the [regulations for Administration of Land

[[Page 21576]]

Recycling Program found at 25 Pa. Code 250]. The Medium Specific 
Concentrations (MSCs) relating to remediation of soil and groundwater 
under the Statewide health standard must be calculated with a lifetime 
cancer risk between 10-\4\ and 10-\6\ (pursuant 
to section [250.304 and 250.305]). The promulgated MSCs are calculated 
based on the median risk level of 10-\5\. Under the 
[regulations for the Administration of] Land Recycling Act Program, any 
regulated discharge into surface water must comply with applicable laws 
and regulations relating to surface water discharges (pursuant to 
section [250.309]), so if there is a discharge to surface water the 
remediation must meet water quality standards.''
    US EPA's two comments regarding section 290.102 and the term 
``water supply'' and restricting coal ash use near dwellings will not 
be addressed because section 290.102 is not part of the program 
amendment and thus outside the scope of our review.
    Regarding US EPA's comment on clarifying the difference between 
public and private water supplies, the Federal regulations implementing 
SMCRA do not define public or private water supplies, so Pennsylvania's 
terminology regarding water supplies is not inconsistent with the SMCRA 
regulations. Pennsylvania responded to US EPA's comment that ``water 
supply'' is defined in Chapters 87 and 88, that public water supplies 
are those systems providing water for human consumption to at least 15 
service connections or serves an average of at least 25 individuals 
daily for at least 60 days per year. Pennsylvania also said that a 
private water supply is one that has less than 15 connections and is 
not regulated by either the PADEP or US EPA. Additionally, US EPA's 
comment that coal ash certification and monitoring should include any 
constituent that has been identified as an issue or potential issue 
such as bromide was addressed by Pennsylvania. Pennsylvania stated that 
``[i]f other parameters would be identified as ``of concern,'' section 
290.201(b)(10) provides for other physical and chemical testing if 
needed. The beneficial use of coal ash program operates under 
applicable mining regulations, which include language and flexibility 
for additional testing, such as at section 87.116 . . . and section 
87.117. . . which state `The Department may require the operator to . . 
. monitor additional parameters beyond the minimum specified in this 
section.' All mines must comply with section 86.37 including the 
provision that the applicant demonstrate `that there is no presumptive 
evidence of potential pollution of the waters of the Commonwealth.'''
    US EPA's comment on whether the 100-foot buffer around sinkholes 
described in section 290.102(g)(4) was related to runoff controls for 
conduits to groundwater. As noted above, section 290.102 is not part of 
the amendment and we are not addressing comments outside the scope of 
the amendment.
    Regarding US EPA's comment that sections 290.304 and 290.305 should 
use the water quality criteria standards found at 25 Pa. Code Chapter 
93, Pennsylvania responded that the ``Chapter 93 criteria are 
applicable to some aspects of an assessment plan, they are not the only 
standard to be used for comparison. Many remining sites where coal ash 
is beneficially used for reclamation are in watersheds that are 
impaired, so the criteria in Chapter 93 are applicable to surface 
waters. The assessment plan is likely to include an evaluation of 
ground water. Typically, the assessment plan will rely on background 
water quality data in order to evaluate compliance.''
    Last, US EPA's comment on the placement of coal ash in abandoned 
mine lands that may be considered an injection will need to comply with 
US EPA injection regulations is outside the scope of this program 
amendment. The regulations for use at abandoned coal mine lands are not 
part of the program amendment and we are not responding to this 
comment.
    Pennsylvania's response to the US EPA comments provides more 
information regarding its approved program. We have determined that 
Pennsylvania's proposed regulations are in accordance with SMCRA and 
not inconsistent with the Federal regulations implementing SMCRA. Based 
on our Findings and that the amendment received concurrence from the US 
EPA, we are approving the amendment.

V. OSMRE's Decision

    Based on the above findings, we are approving Pennsylvania's 
amendment that was submitted March 13, 2012.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR part 938, which codify decisions concerning the Pennsylvania 
program. In accordance with the Administrative Procedure Act, this rule 
will take effect 30 days after the date of publication. Section 503(a) 
of SMCRA requires that the State's program demonstrate that the State 
has the capability of carrying out the provisions of the Act and 
meeting its purposes. SMCRA requires consistency of State and Federal 
standards.

VI. Statutory and Executive Order Reviews

Executive Order 12630--Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    This rule would not effect a taking of private property or 
otherwise have taking implications that would result in public property 
being taken for government use without just compensation under the law. 
Therefore, a takings implication assessment is not required. This 
determination is based on an analysis of the corresponding Federal 
regulations.

Executive Order 12866--Regulatory Planning and Review and 13563--
Improving Regulation and Regulatory Review

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget (OMB) will 
review all significant rules. Pursuant to OMB guidance, dated October 
12, 1993, the approval of state program amendments is exempt from OMB 
review under Executive Order 12866. Executive Order 13563, which 
reaffirms and supplements Executive Order 12866, retains this 
exemption.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior (DOI) has reviewed this rule as 
required by Section 3 of Executive Order 12988. DOI has determined that 
this Federal Register notice meets the criteria of Section 3 of 
Executive Order 12988, which is intended to ensure that the agency 
review its legislation and proposed regulations to eliminate drafting 
errors and ambiguity; that the agency write its legislation and 
regulations to minimize litigation; and that the agency's legislation 
and regulations provide a clear legal standard for affected conduct 
rather than a general standard, and promote simplification and burden 
reduction. Because Section 3 focuses on the quality of Federal 
legislation and regulations, DOI limited its review under this 
Executive Order to the quality of this Federal Register notice and to 
changes to the Federal regulations. The review under this Executive 
Order did not extend to the language of the state regulatory program or 
to the program amendment that the Commonwealth of Pennsylvania drafted.

[[Page 21577]]

Executive Order 13132--Federalism

    This rule has potential Federalism implications as defined under 
Section 1(a) of Executive Order 13132. Executive Order 13132 directs 
agencies to ``grant the States the maximum administrative discretion 
possible'' with respect to Federal statutes and regulations 
administered by the States. Pennsylvania, through its approved 
regulatory program, implements and administers SMCRA and its 
implementing regulations at the state level. This rule approves an 
amendment to the Pennsylvania program submitted and drafted by the 
State, and thus is consistent with the direction to provide maximum 
administrative direction to States.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Tribes through a commitment 
to consultation with Tribes and recognition of their right to self-
governance and tribal sovereignty. We have evaluated this rule under 
DOI's consultation policy and under the criteria in Executive Order 
13175 and have determined that it has no substantial direct effects on 
federally recognized Tribes or on the distribution of power and 
responsibilities between the Federal government and Tribes. Therefore, 
consultation under DOI's tribal consultation policy is not required. 
The basis for this determination is that our decision is on the 
Pennsylvania program that does not include Tribal lands or regulation 
of activities on Tribal lands. Tribal lands are regulated independently 
under the applicable, approved Federal program.

Executive Order 13211--Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    Executive Order 13211 requires agencies to prepare a Statement of 
Energy Effects for a rulemaking that is (1) considered significant 
under Executive Order 12866, and (2) likely to have a significant 
adverse effect on the supply, distribution, or use of energy. Because 
this rule is exempt from review under Executive Order 12866 and is not 
significant energy action under the definition in Executive Order 
13211, a Statement of Energy Effects is not required.

Executive Order 13045--Protection of Children From Environmental Health 
Risks and Safety Risks

    This rule is not subject to Executive Order 13045 because this is 
not an economically significant regulatory action as defined by 
Executive Order 12866, and this action does not address environmental 
health or safety risks disproportionately affecting children.

National Environmental Policy Act

    Consistent with sections 501(a) and 702(d) of SMCRA (30 U.S.C. 
1251(a) and 1292(d), respectively) and the DOI Departmental Manual, 
part 516, section 13.5(A), State program amendments are not major 
Federal actions within the meaning of section 102(2)(C) of the National 
Environmental Policy Act (42 U.S.C. 4332(2)(C)).

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (15 U.S.C. 3701 et seq.) directs OSMRE to use voluntary consensus 
standards in its regulatory activities unless to do so would be 
inconsistent with applicable law or otherwise impractical. (OMB 
Circular A-119 at p. 14). This action is not subject to the 
requirements of section 12(d) of the NTTAA because application of those 
requirements would be inconsistent with SMCRA.

Paperwork Reduction Act

    This rule does not include requests and requirements of an 
individual, partnership, or corporation to obtain information and 
report it to a Federal agency. As this rule does not contain 
information collection requirements, a submission to the Office of 
Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.) is not required.

Regulatory Flexibility Act

    This rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). The State submittal, which is the subject 
of this rule, is based upon Federal regulations that set performance 
standards for hydrologic-balance protection during surface coal mining 
and reclamation operations, for which an economic analysis was prepared 
and certification made that such regulations would not have a 
significant economic effect upon a substantial number of small 
entities. In making the determination as to whether this rule would 
have a significant economic impact, DOI relied upon the data and 
assumptions for the related Federal regulations.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not 
have an annual effect on the economy of $100 million; (b) will not 
cause a major increase in costs or prices for consumers, individual 
industries, Federal, State, or local government agencies, or geographic 
regions; and (c) does not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises. This determination is based on an analysis of the 
corresponding Federal regulations, which were determined not to 
constitute a major rule.

Unfunded Mandates

    This rule will not impose an unfunded mandate on State, local, or 
Tribal governments, or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local, or Tribal governments or the private sector. This determination 
is based upon an analysis of Federal regulations that set performance 
standards for hydrologic-balance protection during surface coal mining 
and reclamation operations, which were determined not to impose an 
unfunded mandate. Therefore, a statement containing the information 
required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is 
not required.

List of Subjects in 30 CFR Part 938

    Intergovernmental relations, Surface mining, Underground mining.

Thomas D. Shope,
Regional Director, North Atlantic-Appalachian Region.

    For the reasons set out in the preamble, 30 CFR part 938 is amended 
as set forth below:

PART 938--PENNSYLVANIA

0
1. The authority citation for Part 938 continues to read as follows:

    Authority: 30 U.S.C. 1201 et seq.

0
2. In Sec.  938.15 amend the table by adding an entry for ``March 13, 
2012'' in chronological order by ``Date of final publication'' to read 
as follows:

938.15  Approval of Pennsylvania regulatory program amendments.

* * * * *

[[Page 21578]]

------------------------------------------------------------------------
     Original amendment        Date of final
       submission date          publication       Citation/description
------------------------------------------------------------------------
 
                              * * * * * * *
March 13, 2012..............        4/12/2022  25 Pa. Code 287.1
                                                (Residual Waste
                                                Management-General
                                                Provisions), 290.1,
                                                290.101, 290.103,
                                                290.104, 290.107,
                                                290.201, 290.202,
                                                290.203, 290.301,
                                                290.302, 290.303,
                                                290.304, 290.305,
                                                290.306, 290.307
                                                (Beneficial Use of Coal
                                                Ash).
------------------------------------------------------------------------

[FR Doc. 2022-07660 Filed 4-11-22; 8:45 am]
BILLING CODE 4310-05-P
```