Section 290.203. Exceedance of certification requirements

(a) If the coal ash sample analysis results exceed any certification standard, the generator shall submit to the Department within 30 days of receiving the results of exceedance the following:

(1) In the case of laboratory error, documentation and an explanation from the laboratory of the type of error. This information shall be accompanied by a corrected sample analysis or additional sample results demonstrating that the coal ash meets the requirements in § 290.201(a) (relating to coal ash certification).

(2) A demonstration that the sample analysis is anomalous by providing the following:

(i) A comparison of the anomalous sample with prior coal ash samples.

(ii) Additional sample results demonstrating that the coal ash meets the criteria.

(iii) A plan for temporary increase in coal ash monitoring.

(iv) An explanation of the cause of the exceedance and how further exceedances will be avoided.

(b) If the generator demonstrates to the satisfaction of the Department that the exceedance is an anomaly, the coal ash may continue to be beneficially used. Failure to provide this demonstration will result in revocation of beneficial use certification for the source.

Notation

Cross References

This section cited in 25 Pa. Code § 290.202 (relating to revocation of certification).