# COMAR Title 26 — Department of the Environment

## Subtitle 21 — Mining

### Chapter 04 — Utilization of Coal Combustion Byproducts in Noncoal Surface Mine Reclamation

#### Regulation .05 Initial and Ongoing Characterization.

*COMAR 26.21.04.05*

A. A person who uses or intends to use, or gives, sells, or otherwise provides for use, coal combustion byproducts for noncoal surface mine reclamation shall develop and implement a sampling plan, using a methodology acceptable to the Department for the initial characterization of the coal combustion byproducts.

B. The sampling plan shall include the following:

  (1) A list of the parameters to be analyzed and their detection limits (Practical Quantitation Limits—PQL), which shall include, at a minimum, the following:

  (2) A description of analytical methods to be used in the characterization, which is subject to the approval of the Department; and

  (3) Other information as may be required by the Department.

C. Coal combustion byproducts shall be characterized in accordance with the sampling plan developed under §A of this regulation at least one time per calendar year.

D. Laboratory results from the initial and ongoing characterizations of the coal combustion byproducts shall be submitted to the Department and to any recipients of the coal combustion byproducts.

E. If there is a change in the raw materials or processes that generate the coal combustion byproducts, the generator of the coal combustion byproducts shall characterize the byproducts in accordance with the sampling plan and submit the results to the Department. All subsequent characterizations shall include any additional parameters found in the coal combustion byproducts.