Section 290.202. Revocation of certification

(a) The Department will revoke certification for a source of coal ash if any of the following occur:

(1) The generator fails to comply with monitoring requirements as described in § 290.201(d) (relating to coal ash certification).

(2) The coal ash exceeds certification standards and the generator fails to make an acceptable demonstration as described in § 290.203 (relating to exceedance of certification requirements).

(3) There are physical or chemical characteristics that make the coal ash unsuitable for beneficial use.

(b) If certification is revoked, the coal ash cannot be used at a coal mining activity site or an abandoned mine land site in this Commonwealth unless the generator requests recertification under subsection (c) and the coal ash is recertified by the Department.

(c) The generator of coal ash that had its certification revoked may request recertification. For certification to be reinstated, the generator shall demonstrate to the Department’s satisfaction that:

(1) A detailed chemical analysis on three recent monthly representative samples establish that the coal ash meets the certification requirements.

(2) There are no other physical or chemical characteristics that make the coal ash unsuitable for beneficial use.