COALEX REPORT 126

	Coalex Report 126

This is the Office of Surface Mining's library of COALEX Research Reports. COALEX is a database of mining and reclamation information, including the Surface Mining Law and regulations, maintained in LEXIS-NEXIS -- a commercial, on-line research service. These reports have been compiled under a cooperative agreement between the Office of Surface Mining and the Interstate Mining Compact Commission, which represents most U.S. coal producing states. The following report includes an analysis of a specific issue requested by a state regulatory authority with responsibility for carrying out the Surface Mining Law. Copies of the research reports and attachments are available to the public, upon request. For additional information, or to obtain copies of the listed attachments, contact Ron Tarquinio by phone at (202) 208-2882 or by e-mail at rtarquin@osmre.gov.

                   
COALEX STATE COMPARISON REPORT - 126
September 5, 1989

David Phillips
Division of Reclamation
201 West Main Street
Jasonville, Indiana 47438

TOPIC: FLY ASH DISPOSAL

INQUIRY: Locate state statutes and rules which regulate the disposal of fly ash (combustion
waste from utilities) in coal mines.

SEARCH RESULTS: Research was conducted using, primarily, the COALEX Library on LEXIS. The
full text of some sections are provided; for others, only excerpts or the citation of the section are
included. The most relevant sections or sections whose language differs from the federal
regulatory language are grouped separately from the materials which duplicate the federal
language.    

The disposal of fly ash [flyash] in coal mines appears in state sections which regulate the
discharge of water into underground mines and the management and removal of solid, industrial
or hazardous wastes. These state sections correspond to the federal SMCRA regulations found at
30 CFR 816.41 (Hydrologic-balance protection: surface mining) and 817.41 (Hydrologic-balance
protection: underground mining). Specifically, subsections 816.41(I) and 817.41(h) regulate the
discharge of water into an underground mine and were formerly codified at 816.55 and 817.55.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

ATTACHMENTS
A.   Sections whose language differs from the language of the federal sections (Copies of
     these sections or excerpts from these sections are attached):
     1.   LOUISIANA, Reg. Sec. 4.0 (1979). Hazardous waste management; Scope of the
          program and general provisions.
     2.   LOUISIANA, Reg. Sec. 9.0 (1979). Hazardous waste management; Standards
          applicable to facilities treating, storing and/or disposing of special waste.
     3.   MONTANA, Reg. Sec. 26.4.508 (1980). Strip and underground mine;
          Departmental approval of final waste disposal plans.
     4.   LOUISIANA, Reg. Sec. R23©29©01.600 (1980). Solid waste management; Permit
          to construct.
     5.   LOUISIANA, Reg. Sec. 33©15©05©02 (1980). Air pollution control; Maximum
          allowable emission of particulate matter from fuel burning equipment used for
          indirect heating.
     6.   LOUISIANA, Reg. Sec. 33©15©14©01 (1980). Air pollution control; Designated air
          contaminant sources.
     7.   PENNSYLVANIA, Reg. Sec. 87.100 (1982). Surface coal mining; Topsoil: Nutrients
          and soil amendments.
     8.   PENNSYLVANIA, Reg. Sec. 88.290 (1984). Anthracite coal refuse disposal;
          Vegetation supporting material: Nutrients and soil amendments.
     9.   PENNSYLVANIA, Reg. Sec. 90.100 (1082). Coal refuse disposal; Nutrients and soil
          amendments.
     10.  PENNSYLVANIA, Reg. Sec. 88.185 (1982). Anthracite bank removal and
          reclamation; Nutrients and soil amendments.
B.   Sections of interest from non-SMCRA statutes and regulations available on LEXIS (Copies
     of these sections or excerpts from these sections are attached):
     11.  LOUISIANA, Rev. Stat. Sec. 30:1141.1 (1986). Hazardous waste control; Land
          disposal of hazardous waste; restrictions; prohibition.
     12.  MINNESOTA, Reg. Sec. 7045.0120 (1989). Identification and listing of hazardous
          waste; Exempt wastes.
     13.  OHIO, Baldwin's Code Sec. 6111.01 (1984). Water pollution control; Definitions.
     14.  OHIO, Baldwin's Code Sec. 3734.01 (1989). Solid and hazardous wastes;
          Definitions.
     15.  WEST VIRGINIA, Michie's Code Sec. 20©5E©6 (1988). Hazardous waste
          management; Promulgation of regulations by director.
C.   List of all state statute and regulation sections which mention fly ash. Examples of
     sections from the following six states are appear excerpted or in full text. (NOTE: An "x"
     was placed on the list to indicate that the marked section was included in attachment "A";
     a circle marks those sections listed below.) 
     16.  List of the sections which contain references to "fly ash".
     17.  ARKANSAS, Reg. Sec. 816.55 (1988). Hydrologic balance: Discharge of water into
          an underground mine.
     18.  KENTUCKY, Reg. Sec. 405 KAR 16:060, Sec. 9 (1986). General hydrologic
          requirements; Discharges into an underground mine.
     19.  MISSOURI, Reg. Sec. 10 CSR 40©3.200 (1988). Requirements for protection of the
          hydrologic balance for underground operations.
     20.  NEW MEXICO, Reg. Sec. 20©55 (1980). Hydrologic balance: Discharge of water
          into an underground mine.
     21.  NEW MEXICO, Reg. Sec. 74©2©2 (1980). Air pollution; definitions.
     22.  PENNSYLVANIA, Reg. Sec. 89.60 (1982). Discharges to underground mines.
     23.  VIRGINIA, Reg. Sec. 480©03©19.817.41 (1986). Underground mining;
          Hydrologic©balance protection.
D.   Excerpts from 48 FR 43956 (September 26, 1983). (NOTE: This Federal Register entry
     provides excerpts from the preamble which discuss the implementation of final rules for
     Sec. 816.41(I) and 817.41(h) and the removal of Sec. 816.55 and 817.55.) 


Research conducted by: Joyce Zweben Scall

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