A. Purpose and Scope.
(1) This regulation establishes certain minimum standards pertaining to the use of coal combustion byproducts in surface coal mining and reclamation operations and in abandoned coal mines.
(2) Coal combustion byproducts may not be used in surface coal mining and reclamation operations or in abandoned coal mines, except in accordance with this regulation.
(3) Compliance with this regulation does not relieve a person from the duty to comply with any other applicable federal, State, and local laws, regulations, and ordinances, including but not limited to the general requirements of COMAR 26.20. This regulation is in addition to the general requirements of COMAR 26.20.
(1) In this regulation, the following terms have the meanings indicated.
(2) Terms Defined.
(a) "Alkaline coal combustion byproducts (ACCBs)" means coal combustion byproducts which, either naturally or by the addition of lime or other alkaline materials, exhibit a net neutralization potential of 5 tons per 1,000 tons CaCO3 equivalent or greater.
(b) Coal Combustion Byproducts.
(i) "Coal combustion byproducts" means the residue generated by or resulting from the burning of coal.
(ii) "Coal combustion byproducts" includes fly ash, bottom ash, boiler slag, pozzolan, and other solid residuals removed by air pollution control devices from the flue gas and combustion chambers of coal burning furnaces and boilers, including flue gas desulfurization sludge and other solid residuals recovered from flue gas by wet or dry methods.
(c) "Department" means the Maryland Department of the Environment.
(d) "Pozzolan" has the meaning stated in Environment Article, §15-407, Annotated Code of Maryland.
C. Conditions for Utilization. A person may utilize coal combustion byproducts at a permitted surface coal mining and reclamation operation or as part of an abandoned coal mine project only if:
(1) The coal combustion byproducts are:
(a) Not regulated under COMAR 26.13; and
(b) Alkaline coal combustion byproducts;
(2) The person proposing to utilize the ACCBs provides to the Bureau a certified laboratory analysis demonstrating that the coal combustion byproducts proposed to be utilized constitute ACCBs; and
(3) The utilization is approved by the Bureau in writing.
D. Coal Combustion Byproducts Utilization Request.
(1) A person who proposes to utilize coal combustion byproducts in a surface coal mining and reclamation operation or in an abandoned coal mine project shall complete and submit to the Bureau a Coal Combustion Byproducts Utilization Request in the form provided by the Bureau for review and approval by the Bureau.
(2) In a surface coal mining and reclamation operation, the utilization request shall be submitted as part of the permit application and reclamation plan, or modification of an existing permit. The Bureau's review and approval of the utilization request shall be in accordance with the permit and reclamation plan review process.
(3) In an abandoned coal mine project, the utilization request shall be submitted to the Bureau before the proposed use and the Bureau shall approve, disapprove, or provide comments on the utilization request within 90 days of submission.
(4) The utilization request shall be signed and certified by a duly authorized official of the person proposing to utilize the coal combustion byproducts and shall include at a minimum the following information:
(a) Name, address, and contact information of the applicant;
(b) Surface coal mine operation permit number, if applicable;
(c) An estimate of coal tonnage produced, if applicable;
(d) Whether the request is a result of a haul-back agreement, and, if so, whether the agreement is proposed or finalized;
(e) A letter approving the utilization of the coal combustion byproducts from the landowner or landowners of the area where utilization is proposed;
(f) Name, address, and contact information of the source of the coal combustion byproducts;
(g) Type of facility that generated the coal combustion byproducts;
(h) Type of fuel burned to generate the coal combustion byproducts;
(i) Type of coal combustion byproduct (that is, bottom ash/slag, fly ash, fluidized bed combustion ash, desulfurization sludge, calcium spray dryer sludge, other);
(j) If combined coal combustion byproducts, a description of the types and relative percentages;
(k) A copy of a solids analysis of the coal combustion byproducts, performed within the last 60 days, which at a minimum provides analysis for the following:
(xiv) Silver; and
(l) A copy of a Toxicity Characteristics Leaching Procedure (TCLP) leachate analysis, or other test approved by the Department, of the coal combustion byproducts, performed within the last 60 days, which at a minimum includes analysis for the following:
(xi) Silver; and
(m) A copy of an acid-base accounting analyses for the coal combustion byproducts and any materials to be used to increase the net neutralization potential of the coal combustion byproducts, providing the following:
(i) Neutralization potential in tons of CaCO3 equivalents per thousand tons of material;
(ii) Maximum potential acidity in terms of tons per thousand tons of material; and
(iii) Net neutralization potential in tons of CaCO3 equivalents per thousand tons of material;
(n) A copy of water quality analyses for the proposed coal combustion byproducts utilization area, performed within the last 60 days, which provides analysis for the following parameters:
(ii) Specific conductance;
(iii) Total dissolved solids;
(iv) Total suspended solids;
(xxii) Sulfate; and
(o) The quantity of coal combustion byproducts to be utilized per month;
(p) A narrative description with map or maps, drawings, and cross-sections of the proposed handling plan, including at a minimum details on:
(i) Where the coal combustion byproducts will be placed;
(ii) How the coal combustion byproducts will be placed;
(iii) How instability in fills or backfills will be prevented;
(iv) How the approximate original contour of the mine backfill configuration will be achieved; and
(v) How coal combustion byproducts that cannot be immediately utilized will be stored;
(q) A narrative description with drawings and cross-sections, if appropriate, explaining how dust from hauling, unloading, storage, and coal combustion byproducts placement operations will be controlled;
(r) A narrative description with drawings and cross-sections, if appropriate, explaining how contamination of surface and ground water will be prevented, and how surface and ground water will be monitored;
(s) A narrative description of the potential hazards to workers involved in the handling of the coal combustion byproducts, and the plan to protect them if warranted;
(t) A narrative description of the processes and procedures used or to be used to augment the net neutralization potential of the coal combustion byproducts, including a description of the type and quantity of any materials to be used to increase the net neutralization potential of the coal combustion byproducts; and
(u) Other information as the Bureau or Department requires.
E. Permitted Utilization of Alkaline Coal Combustion Byproducts. Subject to the other provisions of this regulation, ACCBs may be used for the purpose of alkaline addition to neutralize potentially acid materials in and around coal mines or in surface coal mine reclamation as follows:
(1) A layer on the pit floor to reduce the acid producing potential of the coal pavement;
(2) Mixed with overburden material in the backfilling process to add alkalinity;
(3) Part of a Bureau designed or approved reclamation project; or
(4) Otherwise as approved by the Bureau.
F. Testing and Monitoring. Before using ACCBs in a surface coal mining and reclamation operation or in an abandoned coal mine, and annually thereafter or on such other basis as the Bureau may require, a person using or proposing to use ACCBs shall:
(1) Submit to the Bureau a chemical analysis of the ACCB that includes a Toxicity Characteristic Leaching Procedure (TCLP), an acid-base accounting, and any other analysis required by the Bureau; and
(2) Submit to the Bureau a report of the number of tons of ACCBs placed or to be placed at a site each month.
G. A utilization of coal combustion byproducts in a surface coal mining and reclamation operation or in an abandoned coal mine that is not in compliance with the provisions of this regulation as determined by the Department may be a disposal of a solid waste as determined by the Department and subject to all applicable laws and regulations governing the disposal of a solid waste, including applicable permit requirements of the Department.
H. The Bureau or the Department may require additional controls or impose other conditions on the utilization of coal combustion byproducts under this regulation as it considers necessary for the protection of human health and the environment.