Current through Register Vol. 54, No. 45, November 9, 2024
Section 290.103 - Use as a soil substitute or soil additive(a) At least 60 days before using coal ash as a soil substitute or soil additive, the person proposing the use shall submit a written proposal to the Department. The written proposal must contain, at a minimum, the following information: (1) A description of the nature, purpose and location of the project, including a topographic map showing the project area and available soils maps of the project area. The description must include an explanation of how coal ash will be stored prior to use, how the soil will be prepared for the application of coal ash, how coal ash will be spread and, when necessary, how coal ash will be incorporated into the soil.(2) The estimated beginning and ending dates for the project.(3) An estimate of the volume of coal ash to be used for the project, the proposed application rate and a justification for the proposed application rate.(4) A total chemical and leaching analysis and pH under § 290.201(a)(1) and (2) (relating to coal ash certification) for the coal ash to be used in the project. If the coal ash was generated at a facility for which the Department has previously approved a chemical and leaching analysis and the analysis is not older than 1 year, the person may submit a copy of the analysis that was approved.(5) A chemical analysis for constituents listed in subsection (e) of the soil on which the coal ash is proposed to be placed.(6) An analysis showing how the application of coal ash will be beneficial to the productivity or properties of the soil to which it is proposed to be applied. The analysis shall be prepared and signed by an expert in soil science.(7) A signed statement by the owner of the land on which the coal ash is to be placed, acknowledging and consenting to the use of coal ash as a soil substitute or soil additive.(b) After receiving the information required by subsection (a), the Department will inform, in writing, the person that provided the information whether the proposed use of coal ash as a soil substitute or soil additive is consistent with this section.(c) Coal ash used as a soil substitute or soil additive may not be considered a beneficial use unless the following requirements are met:(1) The pH of the coal ash and the pH of the soil must be in the range of 6.5 to 8.0 when mixed together in the manner required by the project, as shown by field and laboratory testing. Lime may be added to raise pH.(2) Chemical analysis demonstrates the coal ash satisfies the minimum calcium carbonate equivalency requirement in § 290.201(a).(3) Surface runoff from the project area shall be controlled during the project. Stormwater shall be managed in accordance with The Clean Streams Law (35 P. S. §§ 691.1-691.1001) and the regulations promulgated thereunder.(4) Coal ash shall be incorporated into the soil within 48 hours of application, unless otherwise approved by the Department. The coal ash shall be incorporated into the top 1-foot layer of surface soil. If 1 foot of surface soil is not present, coal ash may be combined with the surface soil that is present until the layer of combined surface soil and coal ash is 1 foot. The coal ash required for the beneficial use is limited to the amount necessary to enhance soil properties or plant growth.(5) Coal ash shall be applied at a rate per acre that will protect public health, public safety and the environment.(6) Coal ash may not be applied to soil being used for agriculture where the soil pH is less than 5.5.(7) Coal ash may not be applied if resultant chemical or physical soil conditions would be detrimental to biota.(8) The offsite dispersion of dust from coal ash and other materials shall be minimized.(d) Coal ash may not be used as a soil substitute or soil additive: (1) Within 100 feet of an intermittent or perennial stream, other than exceptional value or high quality waters as defined in § 93.1 (relating to definitions), or a wetland other than an exceptional value wetland.(2) In or within 300 feet of an exceptional value wetland, or of exceptional value or high quality waters as defined in § 93.1.(3) Within 300 feet of a water supply unless the person obtains, in a form acceptable to the Department, a written waiver from the owner of the water supply, allowing for another distance.(4) Within 100 feet of a sinkhole or area draining into a sinkhole.(5) Within 300 feet measured horizontally from an occupied dwelling, unless the current owner has provided a written waiver consenting to the activities closer than 300 feet. The waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the current owner.(e) Coal ash may not be used as a soil substitute or soil amendment in amounts that exceed the following maximum cumulative loading rates: | Constituent | Cumulative Loading Rate |
| arsenic | 36 lbs/acre (41 kg/hectare) |
| boron | 60 lbs/acre (67.2 kg/hectare) |
| cadmium | 34 lbs/acre (38 kg/hectare) |
| chromium | 2,672 lbs/acre (3,104 kg/hectare) |
| copper | 1,320 lbs/acre (1,490 kg/hectare) |
| lead | 264 lbs/acre (296 kg/hectare) |
| mercury | 15 lbs/acre (17 kg/hectare) |
| molybdenum | 16 lbs/acre (18 kg/hectare) |
| nickel | 370 lbs/acre (420 kg/hectare) |
| selenium | 88 lbs/acre (99 kg/hectare) |
| zinc | 2,464 lbs/acre (2,780 kg/hectare) |
(f) A person subject to the requirements of this section shall retain records of chemical and physical analyses, the quantity of coal ash utilized, the location of placement and the sources of coal ash for a minimum of 3 years after the beneficial use has ceased. The records shall be made available to the Department upon request.(g) A person beneficially using coal ash under this section shall notify the Department within 72 hours of any evidence that the material does not meet the chemical standards or physical property requirements in § 290.201. This section cited in 25 Pa. Code § 290.101 (relating to general requirements for beneficial use); 25 Pa. Code § 290.104 (relating to beneficial use at coal mining activity sites); 25 Pa. Code § 290.105 (relating to beneficial use at abandoned mine lands); and 25 Pa. Code § 290.106 (relating to other beneficial uses).