reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.339 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.340 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.341 - Haul roads and access roads: restoration

Current through Register Vol. 54, No. 28, July 13, 2024
Unless the Department approves retention of a road as
						  suitable for the approved postmining land use in accordance with §
												88.334 (relating to postdisposal
						  land use), as soon as practicable after the road is no longer needed for the
						  associated surface mining activities:
(1) The road shall be physically closed to
						vehicular traffic.
(2) The road and
						adjacent slopes shall be regraded to blend with the natural contours and
						drainage pattern.
(3) All bridges
						and culverts shall be removed.
(4)
						Cross drains, dikes and water bars shall be constructed to minimize
						erosion.
(5) All disturbed areas
						shall be revegetated in accordance with §
												88.322 (relating to revegetation:
						general requirements).
(6) All
						excess material and debris shall be disposed of in a manner approved by the
						Department.
This section cited in 25 Pa. Code §
														88.335 (relating to haul roads and
							 access roads: general).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.342 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.343 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.344 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.345 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.346 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.347 - Common use roads

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Operators
						using common use roads to service their permit areas are responsible for
						maintaining the roads in a stable and safe condition throughout the life of the
						permit.
(b) Common use roads may
						not require bonding or restoration by the operator, however, the bond on the
						permit area may not be released until the haul road is left in a condition
						equal to the condition of the road before operations began.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter F - ANTHRACITE UNDERGROUND MINES › Section 88.481 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter specifies certain specific procedures
						  and rules for those who engage in the underground mining of anthracite coal
						  activities. General rules and procedures for those who engage in the
						  underground mining of anthracite coal activities are provided for in Chapter 86
						  (relating to surface and underground coal mining: general).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter F - ANTHRACITE UNDERGROUND MINES › Section 88.491 - Minimum requirements for information on environmental resources

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
General requirements shall include the following:
(1) Each permit application shall include a
						description of:
(i) The existing premining
						environmental resources within the proposed permit and adjacent area that may
						be affected or impacted by the proposed underground mining
						activities.
(ii) The nature of
						archaeological, cultural and historic resources listed on or eligible for
						listing on the National Register of Historic Places and known archaeological
						sites within the proposed permit area. The description shall be based on
						available information, including, but not limited to, data of State and local
						archaeological, historic and cultural preservation agencies. The Department may
						require the applicant to identify and evaluate important historic and
						archaeological resources that may be eligible for listing on the National
						Register of Historic Places, through one or more of the following:
(A) The collection of additional
						information.
(B) The conducting of
						field investigations.
(C) Other
						appropriate analysis.
(iii) The geology, hydrology and water
						quality and quantity of lands within the proposed permit area, the adjacent
						area and the general area. The description shall conform to the following:
(A) Information on hydrology, water quality
						and quantity, and geology related to hydrology of areas outside the proposed
						permit area and within the general area will be provided by the Department to
						the extent that this data is available from an appropriate Federal or State
						agency.
(B) If the information in
						clause (A) is not available from those agencies, the applicant shall gather and
						submit this information to the Department as part of the permit
						application.
(C) The permit will
						not be approved by the Department until this information is made available in
						the application.
(iv) The
						size, sequence and timing of the subareas of the mine for which it is
						anticipated that individual permits for mining will be requested over the
						estimated total life of the proposed underground mining activities.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter F - ANTHRACITE UNDERGROUND MINES › Section 88.492 - Minimum requirements for reclamation and operation plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
						requirements.
An application shall contain a description of the mining
						operations proposed to be conducted during the life of the mine within the
						proposed permit area, including, at a minimum, the following:
(1) A narrative description of the type and
						method of coal mining procedures and proposed engineering techniques,
						anticipated annual and total production of coal, by tonnage, and the major
						equipment to be used during mining operations.
(2) A narrative explaining the construction,
						modification, use, maintenance and removal of the following facilities and
						structure unless retention of the facility or structures is necessary for
						postmining land use as specified in §
													89.88 (relating to postmining land
						use):
(i) Dams, embankments and other
						impoundments.
(ii) Overburden and
						topsoil handling and storage areas.
(iii) Coal removal, handling, storage,
						cleaning and transportation areas.
(iv) Spoil, coal processing waste, mine
						development waste and noncoal waste removal, handling, storage, transportation
						and disposal areas and structures.
(v) Mine facilities.
(vi) Water pollution control
						facilities.
(3) A
						description of the measures to be used to maximize the use and conservation of
						the coal resources as required in §
													89.61 (relating to coal
						recovery).
(4) A description of the
						measures to be employed to ensure that debris, acid-forming and toxic-forming
						materials, and materials constituting a fire hazard are disposed of in
						accordance with this title and a description of the contingency plans which
						have been developed to preclude sustained combustion of the
						materials.
(5) A description,
						including appropriate cross sections and maps, of the measures to be used to
						seal or manage mine openings, to plug, case, line or manage exploration holes,
						other boreholes, wells and other openings within the proposed permit
						area.
(6) A description of steps to
						be taken to comply with the requirements of applicable pollution control laws
						and regulations and safety standards.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter F - ANTHRACITE UNDERGROUND MINES › Section 88.493 - Minimum environmental protection performance standards

Current through Register Vol. 54, No. 28, July 13, 2024
A person who conducts underground mining activities
						  shall comply with the performance standards and design requirements of this
						  section. The following performance standards shall be met:
(1) Signs and markers shall comply with
						§
												89.51 (relating to signs and
						markers).
(2) Closing of
						underground mine openings shall comply with §
												89.83 (relating to closing of
						underground mine openings).
(3)
						Erosion and sedimentation control shall comply with §§
												89.11 and
						89.21 (relating to general
						requirements; and erosion and sedimentation control).
(4) Removal, storage and use of topsoil and
						vegetation support material shall comply with §§
						88.86-88.90.
(5) Underground mining
						activities shall be conducted to minimize adverse effects in the hydrologic
						balance in accordance with §§ 88.94, 88.95, 88.98-88.103, 88.105,
						88.106, 89.52-89.54, 89.57 and 89.60.
(6) Underground mining activities shall
						comply with the general performance standards specified in §§
						88.115-88.130, 88.136-88.138, 88.144, 89.61, 89.63, 89.64, 89.66-89.69, 89.81
						and 89.88.
(7) Use of explosives
						includes:
(i) A person who conducts surface
						blasting activities incident to underground mining activities, including, but
						not limited to, mine opening blasting shall conduct the activities in
						compliance with §§ 88.45 and 88.134-88.137.
(ii) A person who conducts underground
						blasting activities shall comply with this chapter and applicable State and
						Federal laws and regulations in the use of explosives.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter F - ANTHRACITE UNDERGROUND MINES › Section 88.494 - Performance standards-in situ processing of anthracite coal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In situ
						processing means those activities on the surface or underground which involve
						in-place processing and removal of the coal or coal by-products.
(b) The Department will not issue a permit to
						initiate or conduct underground burning of anthracite coal.
(c) In situ processing of anthracite coal is
						limited to:
(1) The collection of methane and
						natural gas by means of boreholes and wells and the drilling, stimulation and
						construction of boreholes and wells used for that purpose. These activities
						shall meet the requirements of the Oil and Gas Act (58 P. S. §§
														601.101-601.605).
(2) Demonstration or innovative operations
						permitted by the Department. The activities shall meet the requirements of this
						chapter, Chapter 86 (relating to surface and underground coal mining: general)
						and additional standards for environmental protection and safety as requested
						by the Department.
(3) In situ
						operations that might be approved and permitted by the
						Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter G - ANTHRACITE SURFACE MINING ACTIVITIES AND ANTHRACITE BANK REMOVAL AND RECLAMATION ACTIVITIES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES › Section 88.501 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This subchapter
						specifies procedures and rules applicable to those who seek authorization to
						conduct surface mining and anthracite bank removal and reclamation activities
						on certain areas which have been previously affected by mining activities and
						where mining has resulted in continuing water pollution, and describes the
						terms and conditions under which the Department may release bonds to persons
						who have received the authorization. Receipt of the authorization entitles an
						operator to later request bond release for areas which continue to discharge
						pollutional material.
(b) Chapter
						86 (relating to surface and underground coal mining: general) and Subchapters
						A-C apply to authorizations to mine areas with preexisting pollutional
						discharges except as specifically modified by this subchapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter G - ANTHRACITE SURFACE MINING ACTIVITIES AND ANTHRACITE BANK REMOVAL AND RECLAMATION ACTIVITIES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES › Section 88.503 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This subchapter
						is applicable only to surface mining activities and bank removal and
						reclamation activities as defined in §
												88.1 (relating to definitions) and
						coal refuse disposal activities subject to Subchapter D (relating to anthracite
						refuse disposal: minimum environmental protection performance
						standards).
(b) No authorization
						may be granted under this subchapter unless the authorization is part of:
(1) A permit issued after March 8, 1986, but
						only if the authorization request is made during one of the following periods:
(i) At the time of the submittal of the
						permit application for surface mining activities or bank removal and
						reclamation activities, including the proposed pollution abatement
						area.
(ii) Prior to a Department
						decision to issue or deny the permit.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter G - ANTHRACITE SURFACE MINING ACTIVITIES AND ANTHRACITE BANK REMOVAL AND RECLAMATION ACTIVITIES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES › Section 88.505 - Approval or denial

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Authorization may not be granted under this subchapter unless the operator
						seeking the authorization affirmatively demonstrates to the satisfaction of the
						Department on the basis of information set forth in the application that:
(1) Neither the operator, nor an officer,
						principal shareholder, agent, partner, associate, parent corporation,
						contractor or subcontractor, or a related party as defined in §
													86.63(a)(1)
						(relating to compliance information) has either of the following:
(i) Legal responsibility or liability as an
						operator for treating the water pollution discharges from or on the proposed
						pollution abatement area.
(ii)
						Legal responsibility or liability for reclaiming the proposed pollution
						abatement area.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter G - ANTHRACITE SURFACE MINING ACTIVITIES AND ANTHRACITE BANK REMOVAL AND RECLAMATION ACTIVITIES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES › Section 88.506 - Operational requirements

Current through Register Vol. 54, No. 28, July 13, 2024
An operator who receives an authorization under this
						  subchapter shall comply with the requirements of Chapter 86 (relating to
						  surface and underground coal mining: general), and Subchapter A (relating to
						  general provisions) and either Subchapter B, C or D (relating to surface
						  anthracite coal mines: minimum environmental protection performance standards;
						  anthracite bank removal and reclamation: minimum environmental protection
						  performance standards; and anthracite refuse disposal: minimum environmental
						  protection performance standards), whichever is applicable, except as
						  specifically modified by this subchapter. The operator shall also:
(1) Implement the approved water quality and
						quantity monitoring program for the pollution abatement area until the
						requirements of §
												88.509 (relating to criteria and
						schedule for release of bonds on pollution abatement areas) are met. The
						monitoring program must conform to the following:
(i) Sampling shall be conducted on a monthly
						basis for the pre-existing discharges and should adequately represent the
						seasonal range in loading rates as well as the median loading rate from each
						pre-existing discharge or combination of discharges.
(ii) Results shall be submitted on a
						quarterly basis.
(iii) Data must
						include the flow measurements and loading calculations.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter G - ANTHRACITE SURFACE MINING ACTIVITIES AND ANTHRACITE BANK REMOVAL AND RECLAMATION ACTIVITIES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES › Section 88.508 - Request for bond release

Current through Register Vol. 54, No. 28, July 13, 2024
Sections
						  86.172(c) and
						  88.509 (relating to criteria for
						  release of bond; and criteria and schedule for release of bonds on pollution
						  abatement areas) apply to the release of bonds for pollutional abatement areas
						  authorized by this subchapter. Section
						  86.172(a) and (b)
						  shall be inapplicable to the release of bonds.
The provisions of this §
														88.508 amended under section 5 of
							 The Clean Streams Law (35 P.S. §
															691.5); sections 4(a) and 4.2 of the Surface
							 Mining Conservation and Reclamation Act (52 P.S.
							 §§
															1396.4(a) and
							 1396.4b); section
							 3.2 of the Coal Refuse Disposal
							 Control Act (52 P.S. §
															30.53b);
							 section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act
							 (52
							 P.S. §
															1406.7(b)); and
							 section 1920-A of The Administrative Code of 1929 (71 P.S. §
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter G - ANTHRACITE SURFACE MINING ACTIVITIES AND ANTHRACITE BANK REMOVAL AND RECLAMATION ACTIVITIES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES › Section 88.509 - Criteria and schedule for release of bonds on pollution abatement areas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
						will release up to 60% of the amount of bond for the authorized pollution
						abatement area if the applicant demonstrates and the Department finds that:
(1) The surface mining activities were
						conducted on the permit area, including the pollution abatement area, under the
						requirements of the permit and the authorization, Chapter 86 (relating to
						surface and underground coal mining: general) and this chapter, except as
						specifically modified by this subchapter.
(2) The operator has satisfactorily completed
						backfilling, regrading and drainage control in accordance with the approved
						reclamation plan.
(3) The operator
						has properly implemented each step of the pollution abatement plan approved and
						authorized under this subchapter.
(4) The operator has not caused degradation
						of the baseline pollution load at any time during the 6 months prior to the
						submittal of the request for bond release under this subsection and until the
						bond release is approved as shown by all ground and surface water monitoring
						conducted by the permittee under §
													88.506(1)
						(relating to operational requirements) or conducted by the
						Department.
(5) The operator has
						not caused or contributed to surface water pollution or groundwater degradation
						by reaffecting or mining the pollution abatement area.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter G - ANTHRACITE SURFACE MINING ACTIVITIES AND ANTHRACITE BANK REMOVAL AND RECLAMATION ACTIVITIES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES › Section 88.510 - Effluent limitations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Approval and incorporation into permit.
The pollution
						abatement plan for the pollution abatement area must be approved by the
						Department and incorporated into the permit as an effluent
						limitation.
(b)
Implementation of best management practices.
The best
						management practices (BMP) in the pollution abatement plan shall be implemented
						as specified in the plan.
(c)
Pre-existing discharges.
(1)
						Except as provided in subsection (d), the following effluent limits apply to
						pre-existing discharges:
Parameter
Effluent Limit
Total Iron
May not exceed baseline loadings (as determined by
								  this subchapter).
Total Manganese
May not exceed baseline loadings (as determined by
								  this subchapter).
Acidity, Net
May not exceed baseline loadings (as determined by
								  this subchapter).
Suspended Solids
During remining and reclamation, may not exceed
								  baseline loadings (as determined by this subchapter). Prior to bond release,
								  the pre-existing discharge must meet the applicable standards for suspended
								  solids or settleable solids in §
																	88.92, §
																	88.187 or §
																	88.292 (relating to hydrologic
								  balance: effluent standards).
(2) A pre-existing discharge is exempt from
						meeting standards in §
													88.92, §
													88.187 or §
													88.292 for suspended solids and
						settleable solids when the Department determines that the standards are
						infeasible or impractical based on the site-specific conditions of soil,
						climate, topography, steep slopes or other baseline conditions provided that
						the operator demonstrates that significant reductions of suspended solids and
						settleable solids will be achieved through the incorporation of sediment
						control BMPs into the pollution abatement plan as required under subsection
						(a).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter G - ANTHRACITE SURFACE MINING ACTIVITIES AND ANTHRACITE BANK REMOVAL AND RECLAMATION ACTIVITIES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES › Section 88.511 - Baseline determination and compliance monitoring for pre-existing discharges at remining operations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						procedures in this section shall be used for determining site-specific baseline
						pollutant loadings, and for determining whether discharge loadings during coal
						remining operations have exceeded the baseline loading. A monthly
						(single-observation) procedure and an annual procedure shall be
						applied.
(b) At least one sample
						result per month shall be obtained for 12 months to characterize pollutant
						loadings for:
(1) Baseline
						determination.
(2) Each annual
						monitoring period. It is required that at least one sample be obtained per
						month for 12 months.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter G - ANTHRACITE SURFACE MINING ACTIVITIES AND ANTHRACITE BANK REMOVAL AND RECLAMATION ACTIVITIES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES › Section 88.512 - Procedure for calculating and applying a single-observation (monthly) trigger

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This section
						contains two alternative methods for calculating a single-observation trigger.
						One method must be proposed by the applicant to be approved and applied by the
						Department for a remining permit.
(b) Method 1 for calculating a single
						observation trigger (L) is accomplished by completing the following steps:
(1) Count the number of baseline observations
						taken for the pollutant of interest. Label this number n. To sufficiently
						characterize pollutant loadings during baseline determination and during each
						annual monitoring period, it is required that at least one sample result be
						obtained per month for 12 months.
(2) Order all baseline loading observations
						from lowest to highest. Let the lowest number (minimum) be
						x(1), the next lowest be x(2),
						and so forth until the highest number (maximum) is
						x(n).
(3) If
						fewer than 17 baseline observations were obtained, the single observation
						trigger (L) will equal the maximum of the baseline observations
						(x(n)).
(4)
						If at least 17 baseline observations were obtained, calculate the median (M) of
						all baseline observations. If n is odd, then M equals
						x(n/2+1/2). If n is even, then M equals 0.5*
						(x(n/2) + x(n/2+1)).
(5) Next, calculate M1
						as the median of the subset of observations that range from the calculated M to
						the maximum x(n); that is, calculate the median of all x
						larger than or equal to M.
(6)
						Next, calculate M2 as the median of the subset of
						observations that range from the calculated M1 to
						x(n); that is, calculate the median of all x larger than
						or equal to M1.
(7) Next, calculate M3
						as the median of the subset of observations that range from the calculated
						M2 to x(n); that is, calculate
						the median of all x larger than or equal to
						M2.
(8)
						Finally, calculate the single observation trigger (L) as the median of the
						subset of observations that range from the calculated M3
						to x(n).
(9)
						When subsetting the data for each of the steps in paragraphs (5)-(8), the
						subset should include all observations greater than or equal to the median
						calculated in the previous step. If the median calculated in the previous step
						is not an actual observation, it is not included in the new subset of
						observations. The new median value will then be calculated using the median
						procedure, based on whether the number of points in the subset is odd or
						even.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter G - ANTHRACITE SURFACE MINING ACTIVITIES AND ANTHRACITE BANK REMOVAL AND RECLAMATION ACTIVITIES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES › Section 88.513 - Procedure for calculating and applying an annual trigger

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This section contains two alternative
						methods for calculating the annual trigger. One method shall be proposed by the
						applicant to be approved and applied by the Department for a remining
						permit.
(b) Method 1 for
						calculating and applying an annual trigger (T) is accomplished by completing
						the following steps:
(1) Calculate M and
						M1 of the baseline loading data as described under
						Method 1 for the single observation trigger in §
													88.512(b)
						(relating to procedure for calculating and applying a single-observation
						(monthly) trigger).
(2) Calculate
						M-1 as the median of the baseline data which are less
						than or equal to the sample median M.
(3) Calculate the interquartile range, R =
						(M1-M-1).
(4) The annual trigger for baseline (Tb) is
						calculated as
Tb=M+(1.815*R)/SQRT(n)
where n is the number of baseline loading
						  observations.
(5) To compare
						baseline loading data to observations from the annual monitoring period, repeat
						the steps in paragraphs (1)-(3) for the set of monitoring observations. Label
						the results of the calculations M' and R'. Let m be the number of monitoring
						observations.
(6) The subtle
						trigger (Tm) of the monitoring data is calculated as
Tm=M'-(1.815*R')/SQRT(m)
(7) If Tm > Tb, the median loading of the
						monitoring observations has exceeded the baseline loading.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter A - EROSION AND SEDIMENTATION CONTROL › GENERAL PROVISIONS › Section 89.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter specifies procedures and rules for those
							 who engage in underground coal mining activities, coal preparation activities
							 and in situ processing of coal. General rules and procedures for those who
							 engage in coal mining activities, including the activities regulated under this
							 chapter, are in Chapter 86 (relating to surface and underground coal mining:
							 general).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter A - EROSION AND SEDIMENTATION CONTROL › GENERAL PROVISIONS › Section 89.7 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
						  sets forth requirements for conducting underground mining activities and coal
						  preparation activities.
(b) As
						  part of the application required by Chapter 86 (relating to surface and
						  underground coal mining: general), the operator shall describe the coal
						  preparation activities or underground mining activities by means of specific
						  plans identified in this chapter. These plans shall be developed using, at a
						  minimum, the information specified in this chapter and designed to meet the
						  performance standards of this chapter and the requirements of the acts. Plans
						  and information required by this chapter may be developed using modeling
						  techniques, but the Department may require verification of a model. The plans
						  shall be incorporated in the permit and implemented in accordance with the
						  permit.
(c) The application and the
						  supporting plans required by this section shall be submitted in a format
						  specified by the Department including, but not limited to, forms, maps, cross
						  sections and narrative descriptions.
(d) The development, design, implementation
						  and approval of these plans does not relieve the operator of the responsibility
						  to meet the performance standards of this chapter and the requirements of the
						  acts.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter A - EROSION AND SEDIMENTATION CONTROL › INFORMATION REQUIREMENTS › Section 89.11 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
As required by Chapter 102 (relating to erosion and
							 sediment control), the operator shall prepare and submit, as part of the
							 application, an erosion and sedimentation control plan for all areas disturbed
							 by earthmoving activities. The erosion and sedimentation control plan shall
							 include, at a minimum, the information required by this subchapter, and shall
							 be designed and implemented to achieve the performance standards set forth in
							 this subchapter.
This section cited in 25 Pa. Code §
															88.493 (relating to minimum
								environmental protection performance
								standards).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter A - EROSION AND SEDIMENTATION CONTROL › INFORMATION REQUIREMENTS › Section 89.12 - Climatological information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When
						  requested by the Department, the erosion and sedimentation control plan shall
						  contain a statement of the climatological factors that are representative of
						  the proposed permit area, including the following:
(1) The average seasonal
						  precipitation.
(2) The average
						  direction and velocity of prevailing winds.
(3) Seasonal temperature ranges.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter A - EROSION AND SEDIMENTATION CONTROL › INFORMATION REQUIREMENTS › Section 89.13 - Air pollution control plan

Current through Register Vol. 54, No. 28, July 13, 2024
The erosion and sedimentation control plan shall
							 include an air pollution control plan which includes the following:
(1) A plan demonstrating compliance with
						  fugitive dust control practices, as required under §
													89.64 (relating to air resources
						  protection), and, if applicable, how the requirements of Chapters 123 and 127
						  (relating to standards for contaminants; and construction, modification,
						  reactivation and operation of sources) will be met.
(2) If required by the Department, air
						  quality control monitoring to provide sufficient data to evaluate the
						  effectiveness of the air pollution control plan.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter A - EROSION AND SEDIMENTATION CONTROL › INFORMATION REQUIREMENTS › Section 89.14 - Transportation facilities

Current through Register Vol. 54, No. 28, July 13, 2024
The erosion and sedimentation control plan shall
							 address the construction, use and maintenance of roads, conveyors, rail systems
							 and other transportation facilities within the proposed permit area.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter A - EROSION AND SEDIMENTATION CONTROL › INFORMATION REQUIREMENTS › Section 89.15 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter A - EROSION AND SEDIMENTATION CONTROL › INFORMATION REQUIREMENTS › Section 89.16 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter A - EROSION AND SEDIMENTATION CONTROL › INFORMATION REQUIREMENTS › Section 89.17 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter A - EROSION AND SEDIMENTATION CONTROL › INFORMATION REQUIREMENTS › Section 89.19 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter A - EROSION AND SEDIMENTATION CONTROL › INFORMATION REQUIREMENTS › Section 89.20 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter A - EROSION AND SEDIMENTATION CONTROL › PERFORMANCE STANDARDS › Section 89.21 - Erosion and sedimentation control

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The standards of Chapter 102 (relating to
						  erosion and sediment control) for designing erosion and sedimentation control
						  measures and facilities apply, except when made more stringent by this chapter.
						  If sedimentation ponds are not sized in accordance with §
													102.13(d)
						  (Reserved), then the calculated detention
						  time and all supporting documentation and drawings used to establish the
						  detention time shall be included in the permit application.
(b) All areas disturbed by earthmoving
						  activities shall be permanently stabilized as soon as practicable after planned
						  grade is achieved.
This section cited in 25 Pa. Code §
															88.493 (relating to minimum
								environmental protection performance standards); and 25 Pa. Code §
															89.173 (relating to performance
								standards).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter A - EROSION AND SEDIMENTATION CONTROL › PERFORMANCE STANDARDS › Section 89.22 - Topsoil removal and storage

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Before
						  disturbance of areas affected by surface operations, topsoil and subsoils shall
						  be separately removed and segregated from other material, unless use of
						  substitute or supplemental materials for reclamation is approved by the
						  Department.
(b) After removal,
						  topsoil shall be stockpiled pending redistribution, provided that an
						  alternative procedure may be approved by the Department on a case-by-case basis
						  if the procedure provides equal or more protection for the topsoil.
(c) Topsoil shall, if possible, be removed
						  from the areas to be affected by surface operations or major structures after
						  the vegetative cover that would interfere with the use of the topsoil is
						  cleared from portions of those areas that will be disturbed, but before any
						  drilling for blasting, mining or other surface disturbance of surface
						  lands.
(d) Selected overburden
						  materials may be substituted for or used as a supplement to topsoil if the
						  resulting soil medium is suitable for sustaining vegetation. Substituted or
						  supplemented material shall be placed in compliance with the requirements for
						  topsoil under §
													89.85 (relating to topsoil
						  use).
(e) Stockpiled materials
						  shall be selectively placed and protected from wind and water erosion by an
						  effective cover of quick-growing annual and perennial plants, or by other
						  methods demonstrated to provide equal protection. Unless approved by the
						  Department, stockpiled topsoil and other materials may not be moved until ready
						  for use.
This section cited in 25 Pa. Code §
															89.132 (relating to soil
								stockpiling); and 25 Pa. Code §
															89.173 (relating to performance
								standards).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter A - EROSION AND SEDIMENTATION CONTROL › PERFORMANCE STANDARDS › Section 89.23 - Diversion and conveyance of overland flow

Current through Register Vol. 54, No. 28, July 13, 2024
Overland flow, shallow groundwater flow from
							 undisturbed areas and flow in ephemeral streams shall, unless otherwise
							 approved by the Department, be diverted away from disturbed areas by means of
							 temporary or permanent diversions to minimize accelerated erosion, to reduce
							 the volume of water to be treated, and to prevent contact with
							 pollution-forming materials. The following requirements shall be met for all
							 diversions:
(1) Temporary diversions
						  shall be constructed to safely pass the peak runoff from a precipitation event
						  with a 2-year recurrence interval, or a larger event as specified by the
						  Department.
(2) Permanent
						  diversions shall be constructed to safely pass the peak runoff from a
						  precipitation event with a 10-year recurrence interval, or a larger event as
						  specified by the Department. Permanent diversions shall be constructed with
						  gently sloping banks that are stabilized.
(3) Using the best technology currently
						  available, diversions shall be designed, constructed and maintained in a manner
						  which prevents additional contributions of suspended solids to streamflow and
						  runoff outside the disturbed area.
(4) A diversion may not be located in a way
						  which will increase the potential for landslides.
(5) When no longer needed, each temporary
						  diversion shall be removed and the affected land shall be regraded, have
						  topsoil applied and be revegetated in accordance with §§
													89.84-89.86 (relating to backfilling and
						  grading; topsoil use; and revegetation).
(6) Diversion design shall incorporate the
						  following:
(i) Channel linings to safely pass
						  the design velocities.
(ii)
						  Adequate freeboard.
(iii) Energy
						  dissipators when necessary.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter A - EROSION AND SEDIMENTATION CONTROL › PERFORMANCE STANDARDS › Section 89.24 - Sedimentation ponds

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Sedimentation ponds, when required, shall be constructed in accordance with
						  this section and Subchapter D (relating to structural requirements for
						  impoundments) before disturbing the contributory drainage area. The ponds shall
						  be located as near as possible to the area to be disturbed and out of perennial
						  and intermittent stream channels, unless approved by the Department.
(b) A nonclogging dewatering device shall be
						  installed to remove storm water. This device shall have a discharge rate to
						  achieve and maintain the required detention time.
(c) Sedimentation ponds shall be operated and
						  maintained until the disturbed area has been stabilized and revegetated and
						  removal is approved by the Department. The ponds may not be removed sooner than
						  2 years after the last augmented seeding unless the Department finds that the
						  disturbed area has been sufficiently revegetated and stabilized.
The provisions of this §
															89.24 amended under the Surface
								Mining Conservation and Reclamation Act (52 P. S.
								§§
																1396.1-1396.19a); The Clean
								Streams Law (35 P. S. §§
																691.1-691.1001); and section 1920-A of The
								Administrative Code of 1929 (71 P. S. §
																510-20).
This section cited in 25 Pa. Code §
															89.173 (relating to performance
								standards).