Proposed Rule: Surface Coal Mining and Reclamation Operations: Abandoned Coal Refuse Remining Operations Permit Requirements and Special Permanent Program Performance Standards

Wednesday,
January 17, 2007
Part III
Department of the
Interior
Office of Surface Mining Reclamation and
Enforcement
30 CFR Parts 701, 786, and 829

Abandoned Coal Refuse Sites; Proposed
Rule
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2136 Federal Register / Vol. 72, No. 10 / Wednesday, January 17, 2007 / Proposed Rules
DEPARTMENT OF THE INTERIOR ADDRESSES: You may submit comments, I. Background

identified by docket number 1029–
Office of Surface Mining Reclamation A. The Energy Policy Act
AB70, by any of the following methods:
and Enforcement Section 2503 of the Energy Policy Act
• E-Mail: osmregs@osmre.gov.
of 1992 (EPAct), Public Law 102–486,
Include docket number 1029–AB70 in
30 CFR Parts 701, 786 and 829 Title XXV, addresses coal remining and
the subject line of the message. directs promulgation of the abandoned
RIN 1029–AB70 • Mail: Office of Surface Mining coal refuse regulations proposed by this
Abandoned Coal Refuse Sites Reclamation and Enforcement, rulemaking. Sections 2503(a) through
Administrative Record, Room 252–SIB, (d), respectively, amend the Surface
AGENCY: Office of Surface Mining 1951 Constitution Avenue, NW., Mining Control and Reclamation Act of
Reclamation and Enforcement, Interior. Washington, DC 20240. 1977, 30 U.S.C. 1201 et seq. (SMCRA),
ACTION: Proposed rule. • Hand-Delivery/Courier to the OSM to address permit blocking under
Administrative Record Room: Office of section 510(c) of SMCRA (30 U.S.C.
SUMMARY: We, the Office of Surface 1260(c)), modify revegetation
Mining Reclamation and Enforcement Surface Mining Reclamation and
Enforcement, Administrative Record, responsibility periods at section
(OSM) propose to amend our 515(b)(20) (30 U.S.C. 1265(b)(20)), add
regulations to comply with the Energy Room 101–SIB, 1951 Constitution
Avenue, NW., Washington, DC 20240. definitions at section 701 (30 U.S.C.
Policy Act of 1992 (EPAct). The EPAct 1291) for ‘‘lands eligible for remining’’
requires the Secretary of the Interior • Federal e-Rulemaking Portal: http:// and ‘‘unanticipated event or condition,’’
(Secretary) to develop regulations www.regulations.gov. Follow the and revise Abandoned Mine Land
establishing environmental performance instructions for submitting comments. (AML) eligibility at sections 402(g)(4)
and reclamation standards for For detailed instructions on and 404. Regulations implementing
abandoned coal refuse remining submitting comments and additional these amended SMCRA provisions were
operations. These standards must information on the rulemaking process, proposed and later codified in a final
distinguish between refuse removal see ‘‘III. Public Comment Procedures’’ in rule. 60 FR 58480 (November 27, 1995).
operations and on-site refuse the SUPPLEMENTARY INFORMATION section Section 2503(e) of the EPAct, which
reprocessing operations and must be of this document. was codified at 30 U.S.C. 1251a, amends
premised on the distinct differences SMCRA by adding a new section for
between removal operations, on-site If you wish to comment on the
information collection aspects of this Abandoned Coal Refuse Sites that
reprocessing operations, and other types focuses solely on the remining of
of surface coal mining operations. The proposed rule, submit your comments to
the Office of Management and Budget, abandoned coal refuse sites. This
Secretary may devise different proposed rulemaking is intended to
performance standards than any of those Office of Information and Regulatory
Affairs, Attention: Interior Desk Officer, implement the general directive of
set forth in sections 515 and 516 of the section 2503(e)(1) requiring the
Surface Mining Control and via electronic mail, to
Secretary to issue regulations
Reclamation Act of 1977 (SMCRA), and OIRA_DOCKET@omb.eop.gov or via
establishing environmental protection
separate permit systems if the Secretary telefacsimile at (202) 395–6566.
performance and reclamation standards,
determines, on a standard-by-standard FOR FURTHER INFORMATION CONTACT: and separate permit systems, applicable
basis, that a different standard may Andy DeVito, Office of Surface Mining to operations for the on-site
facilitate refuse removal and on-site Reclamation and Enforcement, MS– reprocessing of abandoned coal refuse
refuse reprocessing operations in a 252–SIB, U.S. Department of the and operations for the removal of
manner that would provide the same Interior, 1951 Constitution Avenue NW., abandoned coal refuse. Coal refuse,
level of environmental protection as Washington, DC 20240; Telephone: discussed in greater detail below, is the
under sections 515 and 516. We are 202–208–2701. E-mail: waste resulting from the cleaning of
proposing changes to our rules that adevito@osmre.gov. mined coal. Abandoned coal refuse sites
respond to the EPAct’s requirements. are lands on which refuse was placed
DATES: Written comments: Comments on SUPPLEMENTARY INFORMATION: prior to the passage of SMCRA, and that
the proposed rule must be received on I. Background were not adequately reclaimed when
or before 4:30 p.m. Eastern Time on A. The Energy Policy Act mining was completed. Abandoned coal
March 28, 2007, to ensure our B. Outreach Summary refuse sites are eligible for reclamation
consideration. C. Identification of Distinct Differences under Title IV of SMCRA using money
Public hearings: Upon request, we Between Abandoned Coal Refuse from the Abandoned Mine Land Fund
will hold a public hearing on the Remining Operations and Other Surface when available.
proposed rule at a date, time, and Coal Mining Operations Section 2503(e)(2) further directs that
D. Coal Refuse
location to be announced in the Federal E. Coal Refuse Distribution
the standards and permit systems
Register before the hearing. We will F. Coal Refuse Utilization referred to above distinguish between
accept requests for a public hearing G. Existing Regulation of Coal Refuse those operations that reprocess
until 4 p.m., Eastern Time, on February H. Abandoned Mine Land Reclamation abandoned coal refuse on-site, and those
7, 2007. If you wish to attend a hearing, Projects operations that completely remove
but not speak, you should contact the I. National Pollutant Discharge Elimination abandoned coal refuse for direct use or
person identified under FOR FURTHER System (NPDES) Program for reprocessing at another location. The
INFORMATION CONTACT before the hearing II. Discussion of the Proposed Regulations term ‘‘reprocessing operations,’’ as used
A. Standard-by-Standard Review of
date to verify that the hearing will be throughout this rulemaking, is limited
SMCRA Performance Standards
held. If you wish to attend and speak at B. Special Permit System for Abandoned
to on-site reprocessing since any
a hearing, you should follow the Coal Refuse Remining Operations reprocessing at a site other than an
procedures under ‘‘III. Public Comment C. Proposed Regulations abandoned coal refuse site would be
Procedures’’ in the SUPPLEMENTARY III. Public Comment Procedures regulated under existing 30 CFR part
INFORMATION section of this document. IV. Procedural Matters 827 and would not be a part of this
Federal Register / Vol. 72, No. 10 / Wednesday, January 17, 2007 / Proposed Rules 2137
rulemaking. The standards and permit standards in Part 829 are in some with this group based on their collective
systems authorized by section 2503(e) instances different from existing permit experiences with coal refuse.
are to be premised on the distinct information requirements or The outreach efforts were
differences between operations for the performance standards. However, the comprehensive. All information
on-site reprocessing, and operations for proposed rule is not intended to result pertaining to the outreach activities,
the removal, of abandoned coal refuse in a weakening of the environmental with particular emphasis on the 1993
and other types of surface coal mining standards but rather to reflect the analysis of issues, was reviewed and
operations. Section 2503(e)(3) difference between coal refuse remining carefully considered in preparing the
authorizes the Secretary to devise operations and other coal mining current proposal. Because there have
different standards from those in operations. For example, we do not been no statutory changes to SMCRA
sections 515 and 516 of SMCRA (515/ universally include the monitoring and no regulatory developments that
516), and devise a separate permit requirements for surface and ground could impact the regulation of coal
system, if the Secretary determines on a water found in Part 780. However, our refuse operations since passage of the
standard-by-standard basis, that a part 786 proposal related to water EPAct in 1992, we believe that
different standard may facilitate the on- monitoring data for coal refuse removal additional outreach prior to the
site reprocessing, or the removal, of operations reflects that some data publication of the proposed regulations
abandoned coal refuse in a manner that requirements are not appropriate for was not called for. Once the proposed
would provide the same level of reasons we discuss, or because similar regulations are published in the Federal
environmental protection as under kinds of data are expected to be readily Register, members of the public will
sections 515/516. available as part of the National have the opportunity to submit written
Finally, section 2503(e)(4) requires Pollutant Discharge Elimination System comments and make oral presentations
the Secretary to submit a report to the program authorized under the Clean at a public hearing if they so desire.
Committee on Interior and Insular Water Act, 33 U.S.C. 1251, et seq. As
Affairs (subsequently renamed the you review the rule, we specifically C. Identification of Distinct Differences
Committee on Natural Resources) of the request comments on whether the Between Abandoned Coal Refuse
United States House of Representatives, environmental standards are Remining Operations and Other Surface
and to the Committee on Energy and appropriately modified to reflect the Coal Mining Operations
Natural Resources of the United States unique nature of remining operations. Before discussing the differences
Senate. The report must be submitted The following discussion provides between abandoned coal refuse
not later than 30 days prior to the additional background on abandoned remining operations and all other
publication of proposed regulations and coal refuse and the information used in surface coal mining operations, we need
must contain a detailed description of developing the proposed regulations. first to briefly discuss the relationship
any environmental protection between remining operations and other
B. Outreach Summary
performance and reclamation standards, surface coal mining operations. For this
and separate permit systems, devised We conducted an extensive outreach
program to solicit comments, concerns purpose, there are two major types of
pursuant to that section. The report has surface coal mining operations:
been submitted and is available for and ideas for regulatory changes with
regard to implementing the provisions 1. Operations that mine coal from
review as part of our administrative
of section 2503(e) of the EPAct. The sites on land that has not been disturbed
record for this rulemaking.
In response to these provisions of the initial outreach, completed in the early by previous coal mining operations,
EPAct, we are proposing a separate set months of 1993, consisted of two popularly called ‘‘virgin operations;’’
of performance standards for operations components. The first component and
that reprocess abandoned coal refuse consisted of telephone contact and 2. Operations that mine coal from
on-site and/or remove the refuse from written follow up with representatives sites on land that has been disturbed by
the site. These proposed performance of industry, the States, and with previous coal mining operations,
standards are intended to provide the environmental, citizen, and popularly called ‘‘remining operations.’’
same level of environmental protection conservation organizations and groups. Sites that were mined before the passage
as under sections 515/516 of SMCRA, The second component of the outreach of SMCRA in 1977 may, or may not,
while facilitating the on-site consisted of visiting three active coal have been adequately reclaimed.
reprocessing and/or removal of refuse operations in West Virginia, Unreclaimed sites and sites that were
abandoned refuse. In the course of Pennsylvania, and Illinois with not reclaimed to the standards later set
developing our regulations, we also representatives of the States, industry, forth in SMCRA are popularly called
considered the appropriateness of and citizen/environmental groups and ‘‘abandoned sites’’ and are eligible for
developing separate permit systems for again soliciting comments, concerns, reclamation under the AML program,
both on-site reprocessing and removal and suggestions. We identified and codified at 30 CFR Subchapter
operations. However, our consideration analyzed the issues that were raised R-Abandoned Mine Land Reclamation.
of this issue did not identify sufficient during the 1993 outreach. In turn, remining operations fall into
differences between the requirements In 1997 and 1998, we conducted two major categories:
applicable to on-site reprocessing and outreach with selected members of a 1. Operations that mine coal in its
removal operations to warrant separate remining task force of State and Federal original geologic location (the mining of
permit systems for each of these two coal mining and Clean Water Act prior underground workings after the
types of refuse operations. Therefore the regulators whose charge was to identify overburden has been stripped away and
proposed regulations provide for a ways to increase AML reclamation the taking of additional mining cuts
single permit system to address both on- through remining activities. A number from an existing highwall are both
site reprocessing and removal of the same comments and concerns as examples of remining operations that
operations. were recorded during the 1993 outreach mine coal in its original geologic
The requirements that we are were raised and discussed during this location). Remining operations that
proposing for the permit information in latter outreach. Further, we attempted to mine coal in its original geologic
Part 786 and for the performance develop preliminary regulatory language location have the potential to remove or
otherwise disturb rock strata that serve Because abandoned coal refuse very little, if any, previously
as aquifers. remining operations do not have to undisturbed land.
2. Operations that mine coal not in its remove overburden in order to uncover
original geologic location (coal refuse D. Coal Refuse
the mineable refuse, they neither create
removal and coal refuse on-site highwalls and overburden spoil nor As used here, ‘‘coal refuse’’ refers to
reprocessing operations are examples of remove the host rock of the ground- the solid material resulting from the
remining operations that mine coal not water aquifers. Furthermore, because deposition in piles of coal mine waste
in its original geologic location. This the refuse at abandoned coal refuse sites or refuse previously generated during
coal refuse was considered waste was most often placed without regard to coal processing that separates coal from
material at the time that the initial stability, erosion and surface- and unwanted physical or chemical
mining occurred). Because abandoned ground-water impacts have commonly impurities. The primary objectives of
coal refuse operations do not mine coal resulted. Therefore, almost all coal processing are to (1) Clean the coal
in its original geologic location, they do abandoned coal refuse remining by separating out rock, earthen
not have the potential to remove or operations have excellent potential for materials, and other noncoal material;
otherwise disturb rock strata that serve improving the adverse conditions that, (2) reduce the ash and sulfur content; (3)
as aquifers. in most cases, already exist at these increase the heating value, expressed in
As noted before, section 2503(e) of the abandoned sites. This improvement is British thermal units (Btu); and (4)
EPAct directs the Secretary to propose typically accomplished by reducing the provide a product sized to the
separate performance standards and volume of refuse and its associated consumer’s specifications. While coal
permitting systems premised on the potential for acid mine drainage, processing historically used only
distinct differences between operations stabilizing surface conditions, and mechanical means to separate out the
for on-site reprocessing and operations reducing the potential for refuse fires. unwanted materials, because of
for removal of abandoned coal refuse, There are several differences between technological improvements, coal
and other types of surface coal mining abandoned coal refuse removal processing now can use liquids with
operations. The most fundamental operations and on-site reprocessing different specific gravities to separate
difference between abandoned coal operations that warrant the distinct lighter coal from the heavier non-coal
refuse remining operations, including performance standards and permitting rock or earthen materials. In a typical
both removal and on-site reprocessing requirements that we are proposing for modern coal processing plant, raw coal
operations, and other surface coal each. Most significantly, refuse removal is fed through a mechanical breaker or
mining operations, relates to the nature operations generate little, if any, crusher, which reduces the coal to a
and occurrence of the affected coal residual waste and no wet refuse waste, more uniform size and makes an initial
deposit. Both types of abandoned coal as compared to that generated by on-site separation of rock from the coal by
refuse remining operations mine reprocessing operations. Further, refuse exerting enough force to crush the coal
unconsolidated piles of broken coal that removal operations do not require on- but not the harder rock. The resultant
have been previously mined at other site reprocessing or preparation plants product is then passed through screens,
locations by surface or underground with their associated process water shakers, vibrating tables, cyclones, and/
methods. These unconsolidated piles circuits, discharges, and ponds. Finally, or other heavy-medium separators
are the residual waste product generated most refuse removal operations will be where turbulence is created to float the
by cleaning previously-mined coal at of shorter duration than on-site refuse coal and to sink the rock. Such heavy-
processing plants. All other surface coal reprocessing operations. medium separators utilize a great deal of
mining operations, including other Abandoned coal refuse removal water, and commonly need considerable
types of remining operations, remove operations are comparable to coal refuse land area for associated ponds and
coal from its natural undisturbed reclamation projects done under the slurry cells.
geologic location. AML program that rework, regrade, and Over the years, the percentage of the
Another difference between revegetate abandoned coal refuse sites annual United States coal production
abandoned coal refuse remining in order to eliminate fires and other that has been processed in this fashion
operations and other mining operations safety hazards, to stabilize the affected has fluctuated significantly. This
is that the abandoned coal refuse areas, or to reduce off-site percentage increased steadily from
remining operations are conducted on environmental degradation. However, 1920, when less than five percent of the
sites that are different from those of unlike abandoned coal refuse AML coal mined was mechanically cleaned,
other surface coal mining operations in projects, which are selected for to 1948, at which time about 30 percent
that they generally have (1) No reclamation based on the seriousness of of the total coal production was
overburden, (2) no topsoil, (3) limited or the site hazards or environmental processed. From 1948 to 1961, coal
no revegetation, (4) a coal/rock mix of degradation, coal refuse removal production declined drastically, but the
varying heating value, (5) limited or no operations always reduce the volume of percentage of processed coal increased
current beneficial land use, and (6) refuse and are selected for mining based to nearly 66 percent. From 1961 to 1977,
existing water quality problems and on the heating value of the refuse. On the year SMCRA was enacted, annual
other environmental degradation. the other hand, refuse on-site coal production increased from 403 to
Unlike other surface coal mining reprocessing operations are more 691 million tons. This increase was
operations, abandoned coal refuse comparable to off-site preparation entirely attributed to an increase in
remining operations will generally plants, which are regulated under the surface mining production. At the same
disturb little, if any, previously performance standards of 30 CFR part time, the percentage of coal being
undisturbed land outside the abandoned 827 (Coal Preparation Plants Not processed by mechanical and liquid
coal refuse site. Also, because topsoil Located Within The Permit Area), than means declined to 34 percent. This
commonly no longer exists, or is buried to other surface coal mining operations. decrease in the percentage of coal being
under the refuse at these sites, However, on-site reprocessing processed occurred because (1) Coal
abandoned coal refuse remining operations, unlike off-site preparation mined by surface mining methods
operations have to utilize alternative plants, typically reduce the volume of normally contains less non-coal
vegetation-support material. refuse at the site, and typically affect material, therefore requiring less
processing than underground-mined Virginia University. The study included regulations for these two types of
coal; and, (2) only a relatively small collecting site-specific field data on the operations.
amount of coal used for power chemical and physical properties of coal 4. It appears that the environment can
generation was being processed in order refuse piles that were less than 25 acres be further protected and improved
to limit sulfur emissions. in size, assembling information from through an expedited permit under
The residue from coal processing is State inventories of refuse piles, and SMCRA that would serve as an
called ‘‘coal processing waste,’’ or ‘‘coal using these data to prepare estimates of incentive for coal refuse pile removal.
refuse,’’ and varies physically and coal resources and potential F. Coal Refuse Utilization
chemically, depending upon the coal environmental gains that might be
source and the process method used. realized from the remining of those The Btu value of coal refuse varies
Depending on the degree of size sites. We chose the 25-acre size widely depending upon the percentage
reduction achieved at the processing limitation for the study because of the of coal in the refuse pile. The 1999 final
plant, coal refuse may vary between enormous number of piles of that size or report surveyed seven States with coal
coarse (+28 mesh) and fine (¥28 mesh). less, scattered throughout mining refuse piles and indicated that the
Usually, the coarse refuse was disposed communities and the fact that their percentage of coal that could be
of in an embankment or landfill, while removal would provide a relatively recovered from the piles ranged from a
the fine refuse was impounded in slurry quick and dramatic improvement to low of 27.5 percent to a high of 98.9
ponds or run through vacuum filters nearby communities. The study also percent. The 1999 final report also
and the resultant filter cake mixed with explored the uses of coal refuse and the discussed a number of possible uses for
coarse refuse for disposal. Because differences between refuse pile removal coal refuse. The study found that coal
many of the older processing plants did operations and coal mining operations refuse can be burned directly or
not include systems to recover fine coal, on previously undisturbed lands. The reprocessed to separate the waste rock
a large number of refuse slurry ponds study contained projections of coal from the burnable coal, by utilizing
and coal refuse piles contain materials resources and potential environmental modern coal cleaning technology.
with a relatively high Btu content. enhancements for all abandoned coal Because the early means of processing
These refuse materials also contain refuse sites as well as those sites that coal were inefficient and did not
pyritic rock and other impurities that were classified as small sites (less than separate all the coal from the waste
are primarily associated with the 25 acres). Although the findings of the material, early refuse piles commonly
formation of acid mine drainage (AMD) study did not reflect the entire universe contain material with a heating value of
and are often referred to as ‘‘acid- of abandoned refuse piles, we believe 5,000 Btu or more per pound. Refuse
forming materials.’’ Under this proposed the findings also shed light on the burning power plants and co-generation
rule, removal operations would benefits that might be realized by plants utilizing fluidized bed
physically remove acid forming remining larger piles. combustion technology are currently in
materials from the site thus reducing or The final report on this study was use and provide a ready market for coal
eliminating the potential for AMD. In provided to us on August 11, 1999, and refuse from many sites.
contrast, on-site reprocessing operations was titled ‘‘Physical and Chemical Because fluidized bed combustion
would retain the acid forming materials Characteristics of Small Coal Refuse processes accept a wider range (size and
on site but place them in an Piles.’’ The report provides data and quality) of material than pulverized coal
environmentally stable configuration projections that indicate more than 2000 boilers, fluidized bed combustors can
that would minimize surface water refuse sites exist (in Alabama, Illinois, burn refuse without prior efforts to
infiltration and exposure to air. This Kentucky, Ohio, Pennsylvania, Virginia separate coal from the rock so long as
required placement would further and West Virginia), covering the material is properly sized and
reduce the potential for AMD. approximately 37,000 acres. More than contains a minimum Btu. This
50% of the area covered by this coal minimum Btu factor is commonly
E. Coal Refuse Distribution obtained by blending (mixing together
refuse has economically mineable coal
Over three billion tons of coal refuse amounting to approximately 518 million fuels with higher and lower Btu values)
were deposited on surface lands prior to tons. If all of this mineable coal were in order to maintain a fairly consistent
the enactment of SMCRA. Virtually all removed, acid-producing material feed stock for the combustion chamber.
of this coal refuse has some heating capable of generating 30 million tons of Refuse sites generally have a range of
value. However, depending on the acid would also be removed, thus coarse and fine material that can either
sophistication of the original coal preventing it from leaching into and be directly used in a fluidized bed or
cleaning process that produced the further degrading local ground and reprocessed and sized prior to such use.
refuse, the heating value of the refuse surface water. Some of the other However, refuse sites consisting
varies widely. recommendations and conclusions in primarily of slurry may not be as easily
In the late 1990s, we sought to obtain the report include: utilized because of restrictive size and
factual information on coal refuse piles 1. The refuse piles constitute an moisture specifications of the end user,
such as their size and number, coal economic resource—many piles can even though the slurry may have a high
resources available, and potential yield coal for fluidized bed combustion, Btu value.
environmental enhancements that might off-site processing, or other uses. Waste-burning facilities that use
be achieved from the remining of the 2. Significant environment fluidized bed combustors with a sorbent
piles and subsequent reclamation of the improvement is possible through limestone bed can burn coal refuse with
site. The agency anticipated that the removal of the refuse piles and thus a 5,000 Btu content, limit sulfur and
results from such a study could be elimination of the problem attributed to nitrogen oxide (NOX) emissions, and
utilized in a coal refuse rulemaking in the refuse pile. maintain higher heat transfer rates
lieu of mostly anecdotal information 3. There are a number of significant within the combustor better than is
that then existed. Accordingly, we differences between coal refuse removal possible using conventional combustion
funded a coal refuse characterization operations and other surface mining processes. Because of the high ash
study conducted by the National Mine operations on previously undisturbed content of the coal refuse feed stock (as
Land Reclamation Center at West sites that would support different much as 50%) and limestone bed, the
resultant ash from the plant may be not H. Abandoned Mine Land Reclamation that have been identified as high
only as much as 70% of the original Projects priority AML sites that would cost an
volume of the refuse burned but also Prior to the enactment of SMCRA and estimated $327 million to reclaim but
high in alkalinity. When this ash is its implementing regulations, significant that have not yet been funded.
returned to the refuse area for disposal, amounts of coal refuse were often Historically, through September 30,
it can be very effective in counteracting 2004, approximately 23 percent of the
discarded and placed with little, if any,
residual acid problems. project funds spent through our AML
engineering design. While some
reclamation program have been used to
Large power production facilities abandoned refuse sites are quite stable
remediate public health and safety
commonly require that coal refuse first and have naturally revegetated, most
problems and the environmental
be reprocessed to increase its Btu value sites contribute to environmental
impacts associated with abandoned coal
by separating the impurities from the degradation, constitute safety hazards,
refuse sites. We recognize, however, that
coal. Coal refuse reprocessing or both. Problems stemming from these
the current projections of future AML
operations, particularly those that coal refuse sites include fires with
projects may change if conditions at
utilize specific gravity to separate coal associated smoke hazards, wind and
individual abandoned coal refuse sites
from the waste rock, may require water erosion from barren surfaces, and worsen. For example, a low-priority
considerable land space. Reprocessing the leaching of acidic and other toxic abandoned refuse site generally is given
of coal refuse by portable washers, materials into the surface and ground a higher priority if it catches fire.
however, typically requires minimal water. Abandoned coal refuse sites have Nonetheless, unless the industry
additional space. The location selected caused, and continue to cause, public remedies the problems by first mining
for coal refuse reprocessing operations, health and safety problems and abandoned coal refuse and then
whether on or off the refuse site, environmental impacts that are reclaiming the sites, we expect the AML
depends on numerous factors including, currently being addressed through our program will require many years to fully
but not limited to, the hauling distance Title IV AML Program. address all the listed problem refuse
to the end-user, the volume of material At the same time that we were piles.
to be cleaned, and the type of working on the development of a
reprocessing to be used. proposed rule to implement the EPAct, I. National Pollutant Discharge
we published a proposed rule in 1998 Elimination System Program
Abandoned coal refuse has also been and a final rule in 1999 to enhance
utilized for purposes unrelated to Btu We believe that significant site-
reclamation of abandoned coal sites specific hydrologic data will be
value. Refuse has been used commonly under the AML program (64 FR 7470,
as backfill material in large subsidence available to the SMCRA regulatory
7483; February 12, 1999). The purpose authority (RA) from data generated
abatement projects. Also, ‘‘red dog,’’ a of that rule, popularly referred to as the under the Clean Water Act and under
hard, reddish residual material resulting ‘‘AML Enhancement Rule,’’ was to the National Pollutant Discharge
from refuse fires, has long been used for encourage additional AML reclamation Elimination System (NPDES) program.
road base. The proposed regulations are with the same amount of AML funding This program is administered by either
not intended to apply to or regulate by allowing the cost of certain approved the U.S. Environmental Protection
removal of abandoned coal refuse for AML projects to be offset by the Agency (EPA) or by States that have
these types of non-energy uses. extraction and sale of coal, when the been approved by EPA to implement the
G. Existing Regulation of Coal Refuse removal of that coal was physically NPDES program. The program requires
necessary to accomplish AML all point-source discharges, from both
Even though SMCRA, as originally reclamation of the project. See 30 CFR existing and new sources, to meet the
enacted, did not directly address the 707.5 and 874.17. The AML effluent limitations for the coal mining
regulation of abandoned coal refuse, the Enhancement Rule was designed for point source category of industrial
Act’s implementing regulations at 30 situations in which the mining of the discharges set out at 40 CFR part 434.
CFR 700.5 expressly include the coal refuse was incidental to a In certain cases, baseline water quality
extraction of coal from coal refuse piles government-financed construction and flow data for existing discharges
within the definition of ‘‘surface coal project. Among the kinds of AML and receiving streams are required in
mining operations.’’ The definition of projects allowed under that rule were the NPDES permit application.
‘‘reclaimed coal’’ at 30 CFR 870.5 (47 FR those that included the removal of coal Following NPDES permit approval,
28593, June 30, 1982), upon which AML refuse piles that had little or no regular monitoring of the water quality
fees are owed, includes coal recovered likelihood of being mined under a Title and flow of all discharges and receiving
‘‘from a deposit that is not in its original V permit and that posed continuing streams is required. For an abandoned
geologic location’’ as does the definition significant environmental problems coal refuse remining site, we envision
of ‘‘surface mining activities’’ at 30 CFR such as acid mine drainage discharges. that pre-mining baseline data and
701.5. On this basis, we have The proposed rule supplements but monitoring data generated under the
historically interpreted the permitting does not supersede the AML NPDES program can be used, in whole
requirements and the performance Enhancement Rule by providing a way or in part, to meet some SMCRA
standards promulgated under the to facilitate the mining and reclamation permanent program requirements for
permanent regulatory program for all under Title V of abandoned refuse sites. determination of probable hydrologic
surface coal mining operations to apply Since 1977, the AML program has consequences (PHC), cumulative
to operations that either remove refuse successfully reclaimed about 25,307 hydrologic impact analysis (CHIA), and
or reprocess it on-site. This means that, acres of abandoned refuse at an expense water monitoring during mining.
despite the fundamental differences of over $320 million. As of September
between abandoned coal refuse 30, 2005, reclamation of an additional II. Discussion of the Proposed
remining operations and other surface 2,515 acres at sites with abandoned coal Regulations
coal mining operations, both types of refuse has been funded with $26.5 We propose to add two definitions
operations are currently subject to the million, but not completed. There are an and two new parts to our regulations in
same regulations. additional 22,128 acres of coal refuse Title 30 of the Code of Federal
Regulations. One definition will be provisions of section 507 of SMCRA, location over, under, or between rock
added to section 701.5 and the other and we are proposing some changes in strata. In contrast, abandoned coal
definition will be added to section 786.3 permit information requirements for refuse remining operations neither
of new part 786. The permitting coal refuse remining, particularly with disturb the original ground surface or
requirements for abandoned coal refuse regard to hydrology. any rock strata nor remove coal from its
remining operations will be in new part The proposed regulations in large part original geologic location. Based on this
786 and the performance standards for incorporate existing permitting fundamental distinction, we have
abandoned coal refuse remining requirements and performance sought to frame regulations that would
operations will be in new part 829. standards. We expect that the meet the requirements of EPAct to not
In those cases where the performance abandoned coal refuse piles that will be only provide the same level of
standards in regulations implementing a remined will be mostly small-sized and environmental protection for refuse
specific provision in section 515 or 516 hydrologically-impacted. Therefore, we remining operations as under sections
of SMCRA are appropriate to abandoned believe that the scope and complexity of 515 and 516 of SMCRA, but also
coal refuse remining operations, we are permit application information needed facilitate such operations.
proposing regulations that incorporate for these remining operations should
or closely follow existing regulations. generally be less extensive than the Section 515 of SMCRA—Performance
In some cases, because of the information otherwise required for Standards for Surface Coal Mining
differences between abandoned coal surface coal mining operations. Operations
refuse remining operations and other In support of this rulemaking, we (b)(1)—Maximizing utilization and
types of surface coal mining operations, have carefully considered the dramatic conservation of the fuel resource.
the performance standards in a specific environmental results achieved by the Abandoned coal refuse constitutes a
provision in section 515 or 516 of Commonwealth of Pennsylvania in solid fuel resource that often degrades
SMCRA would not be appropriate to permitting remining operations. During the environment. The objective of this
abandoned coal refuse remining the period from 1985 through 1997, provision is to encourage maximum
operations. However, when these Pennsylvania issued 260 remining utilization of the coal resource so that
performance standards could be adapted permits. Notably, ninety-eight percent of the same site is not reaffected by
to abandoned coal refuse remining those permits resulted in pollutional successive operations as has sometimes
operations, we are proposing adapted loads that were lower than baseline or
occurred. Accordingly, the performance
standards. For example, it would be only slightly exceeded baseline and
standards of section (b)(1) are
inappropriate, if not impossible, to none of these required long-term
appropriate to abandoned coal refuse
require that an abandoned coal refuse treatment. We believe that the
remining operations. Our proposed
remining operation restore the land at Pennsylvania remining data constitutes
regulation at section 829.3 would
the site to a condition capable of powerful, on-the-ground support for the
incorporate the requirements of section
supporting the uses that it was capable appropriateness of our proposed
816.59, which implements the standards
of supporting prior to mining as regulations. We anticipate that our
of section 515(b)(1). See the preamble
required by section 515(b)(2) of SMCRA; proposed regulations would also
discussion of the proposed general
or that an abandoned coal refuse preserve or even enhance the pre-
remining operation return the land remining site hydrologic balance. requirements regulation at section
occupied by a refuse pile to the pre- Further details about the Pennsylvania 829.3. This would provide the same
mining approximate original contour, as remining data can be found below in level of environmental protection as
required by section 515(b)(3). section II. under section 515(b)(1) of SMCRA.
Accordingly, we are proposing land use In the next three sections we will (b)(2)—Restoring land to a condition
and contour regulations that would discuss our standard-by-standard review capable of supporting the uses it was
provide protection similar to the of the performance standards of sections capable of supporting prior to mining.
protection provided by the land use and 515 and 516 of SMCRA, our proposed The performance standards of section
approximate original contour standards permit system for abandoned coal refuse 515(b)(2) of SMCRA are not, in all cases,
of SMCRA sections 515(b)(2) and remining operations, and our proposed appropriate to abandoned coal refuse
515(b)(3), but are adapted to the unique regulations (section 701.5 and parts 786 remining operations. For example, the
differences between abandoned coal and 829). land use that existed prior to mining is
refuse remining operations and other often not known or is not attainable
A. Standard-by-Standard Review of because of limitations in materials
surface mining operations.
On the other hand, where the SMCRA Performance Standards either found at the site or remaining at
performance standards of a specific The purpose of this standard-by- the site after remining operations have
provision in section 515 or 516 of standard review is to ensure that our been completed. Our proposed
SMCRA would not be appropriate or proposed regulations provide the level regulation at section 829.133 would
could not be adapted to abandoned coal of environmental protection required require that the operator restore the land
refuse remining operations, we will not under sections 515 and 516 of SMCRA. to a condition capable of supporting a
be proposing any implementing In making this analysis, we considered use that is equivalent to or higher or
regulations. For example, we are not the distinct differences between better than the land use prior to
proposing regulations to implement the abandoned coal refuse removal or on- commencement of the abandoned coal
prime farmlands standards of section site reprocessing operations and other refuse remining operation. See the
515(b)(7) because that statutory standard surface coal mining operations. As preamble discussion of the proposed
would not be appropriate for abandoned noted earlier, the most important postmining land use regulation at
coal refuse sites. distinction between abandoned coal section 829.133. On this basis, our
Finally, regarding the EPAct refuse remining operations and other proposed regulation would provide the
provisions for a new permitting system surface coal mining operations is that same level of environmental protection
for remining of coal refuse, we have other surface mining operations disturb as under section 515(b)(2), as adapted to
reviewed the requirements and the original ground surface in order to the unique characteristics of abandoned
objectives of the permit application remove coal from its original geologic coal refuse remining operations.
(b)(3)—Restoring approximate would incorporate language analogous 515(b)(10) of SMCRA are clearly
original contour. Not all the to the provisions of section 816.22 appropriate to abandoned coal refuse
performance standards of section (b)(3) which implement the statutory remining operations. However, the
are appropriate to abandoned coal standards, except that section 829.22 requirement to restore recharge capacity
refuse remining operations. For refers to vegetation-support material is not appropriate for refuse remining
example, the approximate original rather than topsoil. See the preamble operations, because these operations
contour standard would not be discussion of the proposed regulation neither remove or replace overburden
appropriate because the amount of on soils and other vegetation-support nor remove or disturb strata that serve
material left after an abandoned coal material at section 829.22. On this basis, as aquifers. Our proposed regulation
refuse remining operation has been our proposed regulation would provide would incorporate the requirements of
completed may be more or less than that the same level of environmental sections 816.13 and 816.41 through
needed to achieve approximate original protection as under sections 515(b)(5) 816.57, which implement section
contour. This is especially true in light and (b)(6), adapted to the unique (b)(10). See our preamble discussion of
of the high likelihood that prior mining characteristics of abandoned coal refuse the hydrologic balance standards in
activities have also been conducted at remining operations. proposed sections 829.3, 829.13, and
the site. In many cases, it may be (b)(7)—Restoring prime farmland.
829.41, 829.45, 829.46, and 829.49. We
impossible to determine the original Refuse sites will not qualify as prime
farm land nor will any overburden be are also proposing to add at section
contour of the site. Thus, we are not
removed. Accordingly, the performance 786.3 a definition for ‘‘Best Management
proposing regulations to implement the
standards of section (b)(7) are not Practices’’ (BMPs), and in section
approximate original contour provision
of section 515(b)(3). However, the appropriate to abandoned coal refuse 786.15(b) we are proposing that the
backfilling and grading standards of remining operations. Thus, we are not regulatory authority may authorize an
section 515(b)(3) are adaptable to proposing regulations to implement the applicant for a refuse removal permit to
abandoned coal refuse remining prime farmland provisions of section use BMPs. These BMPs provisions
operations. Our proposed regulation at 515(b)(7). would provide that the regulatory
section 829.102 would require that (b)(8)—Retaining permanent authority may allow a removal
grading achieve stability, minimize impoundments. Many abandoned coal operation to use a range of actions that
erosion, and support the designated refuse sites contain slurry have proved effective in other remining
postmining land use. See the preamble impoundments. Some of those are high settings to prevent or mitigate water
discussion of the proposed grading hazard structures or could become so if quality problems and to control
regulation at section 829.102. Thus, this impounded fine refuse was removed sediment. These BMPs might be in
proposed regulation would provide the and replaced with water. Other slurry addition to or in lieu of actions that are
same level of environmental protection impoundments, particularly in flat areas otherwise called for under applicable
as under section 515(b)(3), as adapted to of the Midwest, are relatively shallow. performance and reclamation standards.
the unique characteristics of abandoned In these latter cases, allowing ponds and On this basis, our proposed regulation
coal refuse remining operations. wetlands to develop following refuse would provide the same level of
(b)(4)—Stabilizing and protecting removal would be an environmental environmental protection as under
surface. The performance standards of benefit and would facilitate refuse section 515(b)(10), adapted to the
section 515(b)(4) of SMCRA are clearly removal. The performance standards of unique characteristics of abandoned
appropriate to abandoned coal refuse section (b)(8) are, therefore, appropriate coal refuse remining operations.
remining operations except for their to abandoned coal refuse remining
(b)(11), (13), (14), & (f)—Disposing of
topsoil requirements. Our proposed operations. Our proposed regulation at
coal waste. In remining operations,
regulation at section 829.95 would section 829.49 would incorporate the
these standards are appropriate only for
incorporate the requirements of section requirements of sections 816.49 and .56,
the redeposition of coal refuse generated
816.95, which implements section which implement the statutory
standards, and would specify two during on-site reprocessing operations
(b)(4), except that we would provide for
circumstances in which permanent or the sorting and sizing of refuse
the use of vegetative-support material
impoundments may be retained. See the material handled during removal
instead of topsoil because of the
preamble discussion of the proposed operations. Our proposed regulations at
common absence of topsoil at
abandoned coal refuse remining sites. impoundments regulation at section sections 829.3, 829.81, and 829.89
See the preamble discussion of the 829.49. On this basis, our proposed would incorporate the requirements of
proposed surface stabilization regulation would provide the same level section 816.87 for burning and burned
regulation at section 829.95. On this of environmental protection as under waste, most of the requirements of
basis, our proposed regulation would section 515(b)(8), adapted to the unique sections 816.81, 816.83, and 816.84 for
provide the same level of environmental characteristics of abandoned coal refuse coal mine waste, and the requirements
protection as under section 515(b)(4), remining operations. of 816.89 for noncoal mine waste. These
adapted to the unique characteristics of (b)(9)—Conducting auger mining. We existing regulations implement sections
abandoned coal refuse remining will not allow auger mining in 515(b)(11), (13), (14), & (f) of SMCRA.
operations. conjunction with abandoned coal refuse The proposed rule reflects the distinct
(b)(5) and (6)—Removing, storing, and remining operations. Accordingly, the differences between abandoned coal
restoring topsoil or most suitable performance standards of section (b)(9) refuse remining operations and other
material for supporting vegetation. The would not be appropriate to abandoned surface coal mining operations. See the
performance standards of sections (b)(5) coal refuse remining operations. Thus, preamble discussion of the proposed
and (b)(6) are clearly appropriate to we are not proposing regulations coal waste regulations at sections 829.3,
abandoned coal refuse remining analogous to the auger mining .81, and .89. On this basis, our proposed
operations except for the topsoil provisions of section 515(b)(9). regulations would provide the same
requirements for the reason cited in the (b)(10)—Minimizing disturbance to level of environmental protection as
section discussion of (b)(4). Our the prevailing hydrologic balance. Most under sections 515(b)(11), (13), (14), &
proposed regulation at section 829.22 of the performance standards of section (f), adapted to the unique characteristics
of abandoned coal refuse remining 829.3. On this basis, our proposed grading regulation at section 829.102 for
operations. regulations would provide the same a more detailed comparison with the
(b)(12)—Mining within five hundred level of environmental protection as existing rules implementing section
feet from underground mines. The under sections 515(b)(17) and (b)(18). 515(b)(21) of SMCRA. On this basis, our
performance standards of section (b)(12) (b)(19) and (20)—Revegetation. The proposed regulations would provide the
are appropriate to abandoned coal performance standards of sections same level of environmental protection
refuse remining operations. Our (b)(19) and (b)(20) are generally as under section 515(b)(21), adapted to
proposed regulations at section 829.3 appropriate to abandoned coal refuse the unique characteristics of abandoned
would incorporate by reference section remining operations except for the coal refuse remining operations.
816.79, which implements these requirement for diverse vegetation, (b)(22)—Spoil disposal. Abandoned
statutory standards. See the preamble which will not be attainable at almost coal refuse remining operations will not
discussion of the proposed general all abandoned coal refuse sites because create spoil. Therefore, the performance
requirements regulation at section of the lack of topsoil. Nonetheless, at standards of section (b)(22) are not
829.3. On this basis, our proposed some abandoned coal refuse piles, appropriate to abandoned coal refuse
regulations would provide the same vegetation has naturally reestablished remining operations. Thus, we are not
level of environmental protection as itself to completely cover the site. Other proposing regulations to implement the
under section 515(b)(12). sites have sparse vegetation consisting spoil disposal provisions of section
(b)(15)—Using explosives. Abandoned of a few annual weeds, and still others 515(b)(22).
coal refuse remining operations will have remained completely barren for (b)(23)—Other criteria necessary to
rarely involve the use of explosives. decades. Our proposed regulation at achieve reclamation. This general
Nonetheless, it is appropriate to require section 829.111 would require a section is appropriate for abandoned
any use of explosives in abandoned coal vegetative cover sufficient to stabilize coal refuse remining operations, and our
refuse remining operations to comply the land surface to prevent erosion proposed regulations contain other
with the performance standards of regardless of the cover, or lack thereof, requirements, discussed above, that
section 515(b)(15) of SMCRA. Our that existed prior to the abandoned coal address conditions encountered at
proposed regulations at section 829.3 refuse remining operation. At sites abandoned coal refuse sites. On this
would incorporate by reference sections where some vegetative cover exists, our basis, our proposed regulations would
816.61 through 816.68, which proposed regulation would require a provide the same level of environmental
implement the statutory standards. See final cover no less extensive than that protection as under section 515(b)(23),
the preamble discussion of the proposed existing prior to the redisturbance. Our adapted to the unique characteristics of
general requirements regulation at proposed regulation would also adopt abandoned coal refuse remining
section 829.3. On this basis, our the revegetation timing and mulching operations.
proposed regulations would provide the requirements of sections 816.111(b)–(d), (b)(24)—Fish and wildlife protection.
same level of environmental protection 816.113 and 816.114, and the The performance standards of section
as under section 515(b)(12). revegetation success requirements of (b)(24) are appropriate to abandoned
(b)(16)—Contemporaneous section 816.116(c)(1) through (4), which coal refuse remining operations. Our
reclamation. The performance standards implement the major requirements of proposed regulations would incorporate
of section 515(b)(16) of SMCRA are the statutory standards. See the by reference section 816.97, which
clearly appropriate to abandoned coal preamble discussion of the proposed implements the statutory standards. In
refuse remining operations, except for revegetation regulation at section addition, we are proposing a change that
the variance for concurrent surface and 829.111. On this basis, our proposed would add a definition of BMPs and
underground mining activities. Coal regulation would provide the same level allow their use in combating water
refuse remining operations will not of environmental protection as under quality and sediment problems at
involve both surface and underground sections 515(b)(19) and (b)(20), adapted abandoned coal refuse sites. Protection
mining. Our proposed regulations to the unique characteristics of of water quality is important in
would incorporate the language of abandoned coal refuse remining protecting fish and wildlife, because of
section 816.100, which implements the operations. the importance of water quality for fish
statutory standards, without the (b)(21)—Protecting off-site areas. The and wildlife and their habitats. See the
variance cited above. Our proposed performance standards of section preamble discussion of the proposed
regulations would also contain the 515(b)(21) of SMCRA are appropriate to general requirements regulation at
additional requirement of a reclamation abandoned coal refuse remining section 829.3, which incorporates by
schedule. See the preamble discussion operations. Our proposed regulations reference existing regulations at section
of the proposed contemporaneous would apply, with some revision, the 816.97. See also preamble discussion of
reclamation regulation at section requirements of sections 816.81, proposed definition of ‘‘BMPs’’ at new
829.100. On this basis, our proposed 816.102, and 816.106, which implement section 786.3. On this basis, our
regulations would provide the same the statutory standards. For the reasons proposed regulations would provide the
level of environmental protection as set out in the preamble discussion of same level of environmental protection
under section 515(b)(16), adapted to the proposed section 829.102, the proposed as under section 515(b)(24), adapted to
unique characteristics of abandoned rule would not apply the requirements the unique characteristics of abandoned
coal refuse remining operations. of sections 816.104 and 816.105. In coal refuse remining operations.
(b)(17) and (18)—Access roads. The addition, our proposed regulations (b)(25)—Providing an undisturbed
performance standards of sections would assure the stability of the toe of natural barrier. These provisions, which
(b)(17) and (b)(18) are appropriate to the refuse pile, and thus provide address mining coal from its original
abandoned coal refuse remining protection equivalent to the relevant geologic location, are not appropriate for
operations. Our proposed regulations prohibitions of section 816.107, by not abandoned coal refuse remining
would incorporate the language of allowing remining operations on steep operations because abandoned coal
sections 816.150 and .151, which slopes to prematurely remove refuse refuse remining operations will not
implement the statutory standards. See from the toe of such piles. See the mine coal in its original geologic
the preamble discussion at section preamble discussion of the proposed location. Further, an undisturbed
natural barrier typically does not exist do not involve underground mining and next section of this discussion, we
around coal refuse piles. Thus, we are do not cause subsidence. discuss the reasons we are proposing a
not proposing regulations to implement (b)(2) and (3)—Seal portals and other single permit system at part 786 for both
the natural barrier provisions of section openings. Because abandoned coal refuse removal and on-site reprocessing
515(b)(25). refuse remining operations may uncover operations; the provisions of proposed
(c)—Mountaintop removal mining. or otherwise encounter mine openings part 786; and our rationale for any
These provisions, which address mining or drill holes, this section has limited differences between the provisions of
coal from its original geologic location, applicability to such operations. Our proposed part 786 and those of parts
are not appropriate for abandoned coal proposal would incorporate with 779 and 780.
refuse remining operations because limited modifications sections 817.13
C. Proposed Regulations
abandoned coal refuse remining through 817.15, which implement this
operations will not mine coal in its statutory requirement. See the preamble The regulatory provisions proposed in
original geologic location. Thus, we are discussion of the proposed casing and this rulemaking are intended to
not proposing regulations to implement sealing regulation at section 829.13. On implement the requirements of section
the mountaintop removal provisions of this basis, our regulation would provide 2503(e) of the EPAct, codified at 30
section 515(c). the same level of environmental U.S.C. 1251a. The proposed regulations
protection as under section 516(b)(2) include (1) A new definition in section
(d)—Steep slope mining. These
and (3), adapted to the unique 701.5 of ‘‘abandoned coal refuse
provisions, which address mining coal
characteristics of abandoned coal refuse remining operations,’’ distinguishing
from its original geologic location, are
remining operations. between those operations that reprocess
not appropriate for abandoned coal
(b)(4) and (5)—Mine waste. See earlier the abandoned coal refuse on-site and
refuse remining operations because
discussion for sections 515(b)(11) and those operations that remove the refuse;
abandoned coal refuse remining (2) a new definition in section 786.3 of
operations will not mine coal in its (13).
(b)(6)—Revegetation. See earlier ‘‘BMPs’’ as activities and practices that
original geologic location. Our proposed can be used with abandoned coal refuse
regulations would, however, add discussion for section 515(b)(19).
(b)(7)—Protecting off-site areas. See remining operations to prevent or
specific requirements for abandoned reduce chemical or sediment pollution
coal refuse remining operations and earlier discussion for section 515(b)(21).
(b)(8)—Fire hazards. See earlier to surface and ground water; (3) a new
regrading on steep slopes. See the part 786 that would specify the permit
discussion for section 515(b)(14).
preamble discussion of the proposed (b)(9)—Hydrologic balance. See information requirements for individual
grading regulation at section 829.102. earlier discussion for section 515(b)(10). abandoned coal refuse remining
On this basis, our proposed regulations (b)(10)—Access roads, etc. See earlier operations; and (4) a new part 829 that
would provide for a higher level of discussion for section 515(b)(17). would establish the performance
environmental protection than that (b)(11)—Fish and wildlife. See earlier standards appropriate to abandoned
provided under section 515(d), adapted discussion for section 515(b)(24). coal refuse remining operations
to the unique characteristics of (b)(12)—Locating new drift mine permitted under part 786.
abandoned coal refuse remining portals to prevent gravity discharges. The proposed permit information
operations. This section is not appropriate for requirements in part 786 parallel the
(e)—Postmining land use variances. abandoned coal refuse remining existing surface coal mining permit
As explained above in the discussion of operations. These operations do not information requirements in parts 779
section 515(b)(2), the land use that construct drift mine portals, and thus do and 780. The proposed permit
existed prior to mining is commonly not not cause gravity discharges from those information required in proposed part
known, or is not attainable because of portals. 786 will enable the regulatory authority
limitations in material at the abandoned to determine whether the applicant can
refuse site either before or after B. Special Permit System for
comply with the performance standards
remining operations are completed. Our Abandoned Coal Refuse Remining
proposed in part 829. The proposed
proposed regulation at section 829.133 Operations
performance standards in part 829 are,
would require that the operator restore The EPAct authorizes the in turn, based on the surface coal
the land to a condition capable of development of separate permit systems mining performance standards in parts
supporting uses that are the same as or for abandoned coal refuse remining 816 and 817.
higher or better than the land use prior operations based on the distinct The proposed regulations in parts 786
to commencement of the abandoned differences between such operations and 829 apply to coal refuse remining
coal refuse remining operation. See the and other surface coal mining operations conducted at an abandoned
preamble discussion of the proposed operations. Within this framework, coal refuse site. They do not apply to
postmining land use regulation at proposed part 786, Requirements for the off-site reprocessing of abandoned
section 829.133. On this basis, our Permits for Abandoned Coal Refuse coal refuse already regulated under
regulation would provide the same level Remining Operations, would specify section 785.21 and part 827, Coal
of environmental protection as under permit information requirements for Preparation Plants not Located Within
section 515(e), adapted to the unique coal refuse removal and coal refuse on- the Permit Area of a Mine.
characteristics of abandoned coal refuse site reprocessing operations. The During the development of the
remining operations. proposed part would include changes to proposed regulations, we considered the
some of the permit information appropriateness of developing separate
Section 516 of SMCRA—Performance

requirements at part 779, Surface sets of permitting requirements for
Standards for Underground Mining
Mining Permit Applications—Minimum abandoned coal refuse removal and for
Operations
Requirements for Information on on-site reprocessing operations.
(b)(1) and (c)—Preventing subsidence Environmental Resources, and part 780, However, our consideration of this issue
damage. This provision is not Surface Mining Permit Applications— did not identify sufficient differences
appropriate for abandoned coal refuse Minimum Requirements for between the requirements applicable to
remining operations. These operations Reclamation and Operation Plan. In the removal and on-site reprocessing
operations to warrant separate sets of and reclamation standards, and separate this rulemaking, the proposed
requirements for these two types of permit systems for two types of description of reprocessing includes any
refuse operations. Therefore, the operations: (1) Those that reprocess on-site sorting and sizing activities.
proposed regulations provide for the abandoned coal refuse on-site The principal characteristic of
issuance of ‘‘abandoned coal refuse (reprocessing operations) and (2) those ‘‘removal operations’’ is the activity of
remining operations’’ permits that may that remove abandoned coal refuse from removing coal refuse from the site. As
include either refuse removal or on-site the site (removal operations). The with reprocessing operations, the
reprocessing operations, or both. statute further specifies that these proposed description of removal
For the most part, the proposed regulations and separate permit systems operations includes any on-site
permitting regulations in part 786 and will apply to such operations on ‘‘lands mechanical sorting and sizing of refuse
the proposed performance standards in that would otherwise be eligible for material to eliminate larger non-coal
part 829 apply equally to both refuse expenditure under section 404 and objects.
removal and on-site reprocessing section 402(g)(4) of [SMCRA].’’ The
operations. However, some of the lands referred to are ones that are There are indirect environmental
requirements in each part have been eligible for expenditure from the AML benefits associated with the on-site
designed specifically for either removal fund established under Title IV of sorting and sizing of refuse at both
or on-site reprocessing operations. For SMCRA; i.e., lands that were mined for reprocessing and removal operations.
example, the proposed part 786 ground- coal or were affected by such mining The waste product of sorting and sizing,
water baseline requirements for refuse and abandoned or left in an inadequate which is invariably left on site, is
removal operations are different from reclamation status prior to enactment of mostly noncoal. Our proposed
those for reprocessing operations. For SMCRA and for which there is no regulations would require that this
permits that include both removal and continuing reclamation responsibility waste material be placed in a stable
on-site reprocessing operations, the under State or other Federal laws. configuration that would almost always
baseline requirements for the removal Although the EPAct refers to the two be more environmentally secure than
portion of the operation must be types of operations, it does not explain the abandoned refuse site was before
satisfied for the removal area and the how they differ. Accordingly, we have remining. We also believe that the
area adjacent to it. Similarly, the characterized ‘‘reprocessing operations’’ environmental impacts of controlled
baseline requirement for the on-site and ‘‘removal operations’’ in terms of redeposition and reclamation of refuse
reprocessing portion of the operation the various activities typically that has been sorted or sized out would
must be satisfied for both the area associated with each type of operation. be preferable to the impacts that would
containing the on-site reprocessing For purposes of this rulemaking, the result if operators simply mined around
support facilities, such as the processing principal characteristic of ‘‘reprocessing portions of a refuse pile and left those
equipment, ponds, and reprocessing operations’’ is the use of specific gravity portions unreclaimed.
waste structures, as well as the adjacent or floatation methods to separate coal In almost all cases, the liquid
area. Where an area adjacent to an on- from waste material. These methods discharge and solid waste of on-site
site reprocessing operation overlaps the require the liberal use of water or other reprocessing operations have a higher
removal portion of the permit, or its liquids to effect the separation of coal potential for causing negative ground-
adjacent area, the reprocessing baseline from waste material. The resultant and surface-water impacts and unstable
discharge from a reprocessing operation slopes than would any of the activities
requirements apply to the overlap area.
will commonly be more acid (and associated with removal operations.
In these cases, both the reprocessing
possibly toxic) than the discharge This difference in potential for
areas and removal areas would be
expected from a removal operation. environmental harm is because removal
covered under one permit.
While the reprocessing of coal refuse
operations, unlike reprocessing
Section 701.5 Definitions leads to a significantly higher Btu in the
operations, neither introduce a new
refuse product, the residual coal content
Abandoned Coal Refuse Remining liquid discharge to the site nor redeposit
of refuse waste, although low, will vary
Operations on site a large volume of recently
depending on the separation mediums
We propose to add a definition of processed waste. Based on these
used. This waste, usually redeposited
‘‘abandoned coal refuse remining important differences between the two
on site, will represent a large percentage
operations’’ that identifies the refuse types of operations, the proposed
of the original refuse that has just been
sites that are eligible for mining under regulations would, for on-site refuse
processed. In addition, the redeposited
the regulations proposed in part 786 and reprocessing operations, require
waste will usually consist of an acidic
part 829 as those lands that would mixture of fine-grained materials with additional permit information and more
otherwise be eligible for expenditure high moisture content. As a result, the stringent performance standards
under sections 404 and 402(g)(4) of redeposited waste materials will often concerning stability and hydrology than
SMCRA. The proposed definition then have altered particle cohesion and/or those required for removal operations.
describes the principal characteristics of reduced shear strength that can tend Our proposed definition of
abandoned coal refuse reprocessing towards slope instability. ‘‘abandoned coal refuse remining
operations and removal operations, Reprocessing operations also typically operations’’ specifically excludes the
which are the two types of remining employ some form of on-site mechanical removal of refuse for non-fuel uses.
operations identified in the EPAct. sorting or sizing prior to the liquid Activities such as the removal of refuse
Finally, the definition states that the processing of refuse material. These cinder (red dog) for road base or
term ‘‘abandoned coal refuse remining sorting and sizing activities often surfacing, the use of refuse for fill
operations’’ does not encompass the involve the use of vibrating screens to material, or for backstowing of
removal of refuse for non-fuel uses. eliminate larger non-coal objects such as underground mine works to prevent
Section 2503(e) of the EPAct, 30 tree limbs, rocks, machinery, etc., and subsidence have never been regulated as
U.S.C. 1251a, directs the Secretary of then the use of crushers to reduce the surface coal mining operations nor
the Interior by regulation to establish refuse product to a size appropriate for would they be under the proposed
environmental protection performance the liquid processor. For purposes of regulations.
Part 786—Requirements for Permits for activities, presents information on of part 786. Part 786 sets forth the
Abandoned Coal Refuse Remining hydrologic, geochemical and sediment requirements for obtaining a permit for
Operations control BMPs, efficiencies of the BMPs, abandoned coal refuse remining
Proposed part 786 specifies the and costs for installing specific BMPs; operations. The requirements ensure
minimum permit information that (2) BMPs is a term that now, within the that the permit applicant obtains a
would be required for abandoned coal mining industry, has a widespread permit to conduct an abandoned coal
refuse remining operations, including history and acceptance, finding refuse remining operation in accordance
information on (1) environmental application in the reduction and/or with the requirements of SMCRA, as
resources that might be impacted or prevention of chemical pollution to amended by the EPAct. We estimate that
affected, and (2) mining operations and surface and ground water with there will be 16 new applicants per year
reclamation plans. particular emphasis on AMD, a and that each of the applicants will
phenomenon commonly associated with require approximately 469 hours and
Section 786.1 Scope abandoned coal refuse operations; and $4,848 in non-wage costs to complete
In this section we explain that the (3) BMPs have been developed and used the information required by part 786. In
purpose of part 786 is to set forth the in many commercial and industrial addition, the 15 regulatory authorities
requirements for obtaining a permit for applications to control runoff and will require approximately 230 hours
abandoned coal refuse remining reduce sedimentation as well as to with no additional non-wage costs to
operations. We also explain the use of minimize erosion and sedimentation complete the information required by
the pronouns ‘‘we’’, ‘‘our’’, and ‘‘us’’ during silviculture operations. These part 786.
that refer to the regulatory authority and applications of BMPs have direct
Section 786.11 General Requirements
the pronouns ‘‘you’’ and ‘‘your’’ that transferability to mining activities
where erosion and sedimentation are Proposed § 786.11 provides that
refer to the applicant and operator. We
also a concern. For these reasons, we permits for abandoned coal refuse
use these pronouns throughout this part
believe our proposed reliance on BMPs remining operations would be required
in order to make the regulations more to comply with the requirements of
readable. will similarly prove to be both
economical for operators and proposed part 786 and would be
Section 786.2 Objectives environmentally effective in dealing required to demonstrate that the
In this section we explain that our with existing or potential environmental operations will be conducted in
objective is to ensure that the permit problems, as thoroughly documented in compliance with the performance
applicant obtains a permit to conduct the above referenced EPA publication. standards of proposed part 829. This
abandoned coal refuse remining Our proposed use of BMPs as section makes clear that the permit
operations in accordance with the approved sediment control measures is application requirements of parts 779,
subject to an important condition. Our 780, 783, and 784 would not apply
requirements of SMCRA, as amended by
1983 rulemaking at § 816.46(b)(2) directly to abandoned coal refuse
the EPAct.
required that all surface drainage from remining operations, but rather would
Section 786.3 Definitions a disturbed area be passed through a apply only to the extent individual
‘‘siltation structure,’’ which by provisions are incorporated by reference
Best Management Practices (BMPs)
definition at section 701.5 includes a or adapted by part 786.
We are proposing to add a definition sedimentation pond, a series of
of BMPs at proposed section 786.3. The Section 786.12 Information on
sedimentation ponds, or other treatment Environmental Resources
definition would be used solely for the facilities. This requirement of
purpose of abandoned coal refuse § 816.46(b)(2) for siltation structures Proposed § 786.12(a) addresses
remining operations, and would include was adopted to implement the mandate general and climatological information
any number of activities, operating and of sections 515(b)(10)(B) and requirements. This paragraph would
maintenance procedures, practices, or 516(b)(9)(B) of SMCRA to use the best apply the requirements of §§ 779.11,
prohibition of practices that have as technology currently available (BTCA) 779.12, and 779.18.
their goal preventing or reducing to prevent additional contributions of Proposed § 786.12(b) addresses pre-
chemical pollution to surface and suspended solids outside of the permit remining vegetation information
ground water and controlling excessive area. However, in response to the requirements. This paragraph specifies
sediment concentrations to surface successful challenge of § 816.46(b)(2), the requirements that would apply to
water. EPA defines BMPs in a similar we suspended the siltation structure coal refuse remining, instead of the
manner at 40 CFR 122.2, and in EPA’s requirement (51 FR 41961; November requirements of § 779.19. The paragraph
December, 2001, publication ‘‘Coal 20, 1986). As a result of that suspension, would require photographs and a
Remining—Best Management Practices RAs had to determine on a case-by-case narrative description of the typical
Guidance Manual.’’ (EPA publication basis whether siltation structures or vegetative cover at the refuse site. The
821–B–01–010). other sediment control measures would photographs and narrative would have
Our objective in allowing the use of constitute BTCA. Under our proposed to be of sufficient detail to allow an
BMPs with abandoned coal refuse regulations, for those BMPs that would estimate of vegetative ground cover and
remining operations is to broaden the constitute sediment control measures, species diversity. Because most
tools, subject to regulatory authority RAs will similarly have to determine abandoned coal refuse sites have sparse
approval, available for controlling whether the specific proposed BMP or vegetation and the vegetation found is
sediment and AMD at these sites. The combination of BMPs would constitute usually volunteer and does not
proposed use of BMPs with abandoned BTCA. represent the original species diversity,
coal refuse remining operations has we believe the proposed requirements
substantial basis: (1) The EPA Section 786.10 Information Collection are more suitable for abandoned coal
publication cited above, which Proposed § 786.10 contains refuse sites than the detailed vegetation
acknowledges the importance of using information on the Office of mapping requirements of § 779.19.
BMPs to address acid mine drainage Management and Budget’s approval of Furthermore, we believe that to
problems associated with coal mining the information collection requirements prescribe precise measurements of
vegetative cover and species diversity the need for blasting may not have been potential ground-water flow systems, if
would be inappropriate for abandoned anticipated at the time that the permit such information is needed.
coal refuse sites because of the poor application was prepared.
2. Proposed § 786.12(d) does not Section 786.13 Information on
surface conditions found at most sites.
include the requirement in § 779.24(f) Operation Plans
The proposed requirements for
photographs and narrative would ensure that maps show proposed reference area Proposed § 786.13 specifies the
that the application adequately boundaries for determining the success information that would be required in
describes the pre-remining surface cover of revegetation. This requirement is not the operations plan. The following
and would serve as a reference point for included in proposed § 786.12(d) paragraphs discuss these requirements
required reclamation. because the proposed revegetation in detail.
Proposed § 786.12(c) addresses performance standards at § 829.111 Proposed § 786.13(a) concerning
requirements for information on soil would not require reference areas. general requirements would apply the
resources and other vegetation-support Proposed § 786.12(e) addresses cross requirements of § 780.11 that are
material and specifies the requirements sections, maps, and plans and would appropriate to abandoned coal refuse
that would apply to coal refuse retain the requirements of § 779.25 operations. The proposed paragraphs
remining instead of the requirements of except as follows: would require a description of the
§ 779.21. This paragraph would require 1. Proposed § 786.12(e) would not removal and on-site reprocessing
that the permit contain sufficient apply the requirement of § 779.25(a)(3) activities to be conducted under the
information on the soil or other that cross sections, maps, and plans abandoned coal refuse remining permit
vegetation-support material to enable us show the coal and overburden strata. as well as a description of associated
to determine if revegetation of the site This requirement is not appropriate for equipment and facilities. Because the
can be achieved as required by the abandoned coal refuse remining proposed requirements of § 786.13(a)
revegetation performance standards at operations because such operations will would apply solely to ‘‘abandoned coal
§ 829.111. We believe that the proposed not remove overburden strata or coal refuse remining operations,’’ as that
regulation is more appropriate for seams. Instead, the proposed regulation term would be defined in section 701.5,
abandoned coal refuse remining would require cross-sections illustrating the extraction of coal by auger, surface,
operations than § 779.21 which requires the refuse site if the site is located on and underground methods would not be
a soil map and other detailed a steep slope (as defined at § 701.5). authorized under permits for abandoned
quantitative soil information. As noted Requiring these cross sections only for coal refuse remining operations.
previously, abandoned coal refuse sites, steep slopes is consistent with the steep Proposed § 786.13(b) concerning
unlike areas covered by the great slope backfilling and grading existing structures would apply the
majority of surface mining permits, do requirements proposed at section requirements of § 780.12. We believe
not have topsoil and usually have 829.102 for abandoned coal refuse that the requirements at § 780.12 should
minimal vegetative cover. The operations. generally apply to permit applications
information on soil resources and 2. Proposed § 786.12(e) would not for abandoned coal refuse remining
vegetation support proposed in this apply the requirement in § 779.25(a)(4) operations. The proposed paragraph
paragraph and in § 786.12(b) should that maps show all coal crop lines and would require that the narrative identify
provide ample information to assess the the ‘‘strike and dip,’’ i.e., the direction whether structures are associated with
site revegetation potential. and slant, of the coal to be mined. removal or reprocessing operations.
Proposed § 786.12(d) would require Because abandoned coal refuse Proposed § 786.13(c) concerning
the application to include the mapping remining operations will not mine coal blasting would require a blasting plan in
information in § 779.24, except as seams, this requirement is not accordance with the regulations at
follows: appropriate. Instead, the proposed § 780.13, whenever blasting is planned
1. Instead of the requirement in regulation would require maps to show during the abandoned coal refuse
§ 779.24(d) that maps show structures all coal outcrops within the permit area remining operation.
within 1000 feet of the operation, the together with their strike and dip. This Proposed § 786.13(d) concerning
proposed paragraph would require that latter information is needed because maps and plans would apply the
maps show structures within 300 feet of coal seams may outcrop within the requirements of section 780.14 except as
the operation if blasting is not planned. refuse area and affect ground-water follows:
The proposed 300-foot requirement movement. 1. Proposed section 786.13(d)(1)
corresponds to the 300-foot prohibition 3. Proposed § 786.12(e) would not would apply the maps and plans
against mining contained in section apply the requirements in § 779.25(a)(6) requirements of section 780.14(a),
522(e) of SMCRA and § 761.11. for information on the location and except that, in lieu of the requirements
Proposed section 786.12(d) would apply extent of subsurface water, if of §§ 779.24 and 779.25 referenced in
the 1000-foot map requirement in encountered. Since abandoned coal § 780.14(a), the requirements of
§ 779.24(d) for operations that are refuse remining operations will only § 786.12(d) and (e) would apply.
expected to conduct blasting. The remove or reprocess refuse that has been 2. Proposed §§ 786.13 (d)(1) and (2)
coverage to 1000 feet is appropriate for relocated from other areas and will contain requirements almost identical to
the evaluation of the anticipated blast neither remove nor disturb strata that those of § 780.14(b)(4) and (5) except
design required by proposed § 786.13(c). serve as aquifers for subsurface water, that the proposed regulation reflects the
Proposed section 786.12(d) would allow we do not believe that information as to fact that coal refuse would be utilized;
the map showing the additional the location and extent of subsurface that coal or refuse may be the usable
coverage, i.e., the structures in the area water is necessary. However, the product; that new ‘‘spoil,’’ as defined in
between 300 and 1000 feet, to be proposed regulation does apply the § 701.5, would not be generated; and
submitted with the anticipated blast requirement in § 779.25(a)(7) that maps that vegetation-support material, rather
design after permit issuance but prior to show surface water bodies including than topsoil, would be used to reclaim
blasting’s being conducted at the site. springs (seeps). We believe that the the sites. Proposed paragraph (2)(ii)
This provision for design submission is information on springs will provide would also provide that the required
included because of the possibility that appropriate information related to maps and plans show the storage areas
for vegetative support material, ‘‘rock inappropriate to coal refuse remining monitoring plans, section 780.21(i); and
waste’’ (e.g., road cut material), and operations. Proposed § 786.14(b) would, surface-water monitoring plans,
combustible and noncombustible however, require a written description § 780.21(j).
noncoal waste. This latter requirement and photographs of existing land uses. In addition, the requirements of
corresponds to the proposed provision The written description and § 780.21(h) pertaining to the hydrologic
of § 829.89 that would allow disposal of photographs would describe and reclamation plan would be applied
noncombustible noncoal waste within document both the existing land use under proposed § 786.15(a)(2), with the
refuse disposal areas. Proposed and the location of any abandoned exception of the requirement to restore
paragraph (2)(iii) would apply the equipment and other noncoal mine approximate premining recharge
requirements of § 780.14(b)(11) except waste left at the site. The proposed capacity. Section 816.41(b)(2) does not
for the requirement to show the location regulation would further require a require restoration of recharge capacity
of excess spoil areas. The reference to detailed description of the proposed in coal mine waste disposal areas and
excess spoil areas would not apply, postmining land use and how it will be fills. We believe that the restoration of
because spoil will not be generated by achieved. The proposed regulation recharge capacity is also not appropriate
abandoned coal refuse remining would not apply the requirement of for areas affected by abandoned coal
operations. § 780.23(a) for a discussion of refuse remining operations.
Proposed § 786.13(e) concerning alternative land uses. Because the Section 786.15(b) Removal Operations
requirements for an air pollution control configuration of the abandoned refuse
plan would apply the requirements of area before remining may not readily This proposed section would apply,
§ 780.15 except that, in lieu of the lend itself to a variety of postmining with appropriate adaptations, the major
requirements of § 816.95 referenced in land uses after remining, we do not requirements for hydrologic information
§ 780.15, the requirements of § 829.95 believe it is appropriate to require the and analysis of the regulations at
would apply. permittee to expend the resources to § 780.21 regarding: (1) The probable
Proposed § 786.13(f) concerning fish identify such alternative uses. The hydrologic consequences (PHC)
and wildlife information would retain proposed regulation would require that determination required by section
the requirements of § 780.16. the plan be accompanied by any 780.21(f); (2) the cumulative hydrologic
Proposed § 786.13(g) concerning comments from the surface owner or impact assessment (CHIA) required by
protection of public parks and historic State or local land use agencies that § 780.21(g); and (3) the hydrologic
places would apply the requirements of would have to initiate, implement, reclamation plan (HRP) required by
§ 780.31. approve, or authorize the proposed land § 780.21(h). In addition, this proposed
use. We believe this process would section would require the identification
Section 786.14 Information on of BMPs that are proposed to either
Reclamation Plans adequately identify any viable land use
alternatives that exist. mitigate hydrologic impacts or create
Proposed § 786.14 would establish the Proposed § 786.14(c) would apply the hydrologic enhancements.
information that is required on plans for requirements of § 780.25 for ponds, The proposed rule also would apply,
reclamation. The following paragraphs impoundments, banks, dams, and with appropriate adaptations, the other
discuss these requirements in detail. embankments. Therefore, to the extent supporting requirements of § 780.21,
Proposed § 786.14(a) essentially including hydrologic information and
such structures are included in the
would apply the general requirements of analysis regarding sampling and
reclamation plan, they would be
§ 780.18 except that, in lieu of the analysis methodology, § 780.21(a);
described in accordance with this
requirements of part 816 referenced in baseline information including
section.
section 780.18, the corresponding Proposed § 786.14(d) would apply the supplemental information, § 780.21(b);
requirements of part 829 would apply. requirements of § 780.27 for mining near baseline cumulative impact area
The proposed regulation would not underground mines. information, § 780.21(c); modeling,
require the same detail and specificity Proposed § 786.14(e) would apply the § 780.21(d); alternative water source
that is required by the existing requirements of § 780.29 for diversions. information, § 780.21(e); ground-water
regulations regarding revegetation monitoring plans, section 780.21(i); and
information. Rather, the proposed Section 786.15 Information on surface-water monitoring plans,
regulation would require that the Hydrology § 780.21(j).
application include a plan for Section 786.15 would specify the As background on the hydrologic
revegetation as required by proposed information that is required on information and analysis required by
§ 829.111. We believe this requirement hydrology. The following paragraphs the existing permit regulations, we
would provide us more than adequate discuss those requirements in detail. would like to summarize how the PHC,
information to assess the proposed HRP, and CHIA relate to each other. The
revegetation plan. Section 786.15(a) Reprocessing purpose of the PHC is to identify
Proposed § 786.14(b) essentially Operations impacts on the hydrologic balance and
would apply the requirements of section Proposed § 786.15(a)(1) would apply the purpose of the HRP is to identify
780.23 concerning postmining land use, the requirements of § 780.21 for the mitigation measures that would reduce
except those related to existing land following types of information: adverse impacts on that balance. The
capability and productivity and those Sampling and Analysis methodology, PHC and HRP are provided by the
related to the information needed to section 780.21(a); baseline hydrologic operator in the permit application. The
propose a postmining land use different information, § 780.21(b); baseline purpose of the CHIA, which is in part
from the premining land use. For the information for the cumulative impact based on the PHC, is to determine the
reasons discussed above in the area, § 780.21(c); modeling, § 780.21(d); cumulative hydrologic effects in a
evaluation of each performance alternative water sources, § 780.21(e); specified watershed from the proposed
standard in sections 515 and 516 of probable hydrologic consequences mining operation together with all other
SMCRA, detailed information on determinations, section 780.21(f); anticipated mining operations in that
existing land capability, productivity, cumulative hydrologic impact watershed. The CHIA is prepared by the
production, and land use is assessments, § 780.21(g); ground-water regulatory authority for an area that
includes the proposed permit area and applicant pursuant to proposed to the hydrologic balance, then
is used in evaluating whether the § 786.15(b)(1)(v), which allows us to proposed § 786.15(b)(1)(v) would
operation has been designed to prevent request supplemental information if require compliance with the
material damage to the hydrologic adverse impacts are identified in the supplemental information requirements
balance outside the permit area. PHC, and proposed § 786.15(b)(3), of § 780.21(b)(3) and the ground- and
With regard to the requirements for which allows us to require any surface-water monitoring requirements
hydrologic information and analysis, additional information (including site- of § 780.21(i) and (j). In this way, full
our proposed regulations would differ specific hydrologic data) needed to monitoring would be assured whenever
from the above-referenced regulations in ensure that the permit applicant will be probable adverse hydrologic
four principal ways. Our proposed able to comply with the performance consequences are identified in the PHC.
regulations would (1) Provide for a standards of proposed part 829. Thus, The fourth way our proposed
narrative PHC and encourage the use of whatever the initial level of hydrologic regulations differ from existing
available data, including that required information and data submitted in the regulations is that proposed
by a National Pollutant Discharge permit application, we have ample § 786.15(b)(3) would require that the
Elimination System (NPDES) permit, to authority under the proposed HRP identify the specific BMPs to be
satisfy baseline requirements for regulations to request any additional used and any additional information we
seasonal flow conditions; (2) require the information or data that is necessary to might require to ensure compliance
PHC to estimate improvements and/or assess the applicant’s conclusions as to with the performance standards of part
enhancements as well as negative probable hydrologic consequences. 829. This requirement recognizes that
impacts to the hydrologic balance The second way our proposed the SMCRA regulatory authority always
caused by the operator; (3) require regulations would differ from existing has the inherent authority to require
surface and ground-water monitoring regulations is that our proposed additional information, including
plans (and associated monitoring data regulation at § 786.15(b)(1)(iv) would information pertaining to BMPs, if that
collected during the abandoned coal require in the PHC a description of the information is needed to make a
refuse remining operation) only in cases enhancement to local ground- and decision on a permit application.
where the PHC estimates negative surface-water hydrology expected from In summary, we believe the approach
impacts to the hydrology; and (4) the proposed coal refuse remining that we have taken in our proposal with
require the HRP to identify the BMPs operation, with particular emphasis on respect to baseline information, PHC
that will be proposed for use during the decreased loads of pollutants achievable and HRP requirements, and BMPs is
operation. These four differences are through improved water quality, reasonable and, at the same time,
discussed in more detail below. decreased flow or infiltration of water, technically sound. Our belief is
The first way our proposed regulation or some combination thereof. buttressed by the fact that the ground
differs from the existing regulation on The third way our proposed water and surface water at abandoned
hydrology is that our proposed regulations would differ from the coal refuse sites are most often already
regulation at § 786.15(b)(1)(iii) would existing regulations is that our proposed adversely impacted. Abandoned coal
initially allow for a narrative PHC, regulations would not routinely require refuse removal operations, therefore,
including its requirement for baseline the operator either to develop could be reasonably expected to
information on seasonal variations, to be monitoring plans for surface and ground maintain or improve the existing
based on available data, as opposed to water or to monitor surface and ground hydrologic balance rather than
the current requirements for a PHC water during the abandoned coal refuse adversely affect it, as indicated by
based on site-specific data. We believe remining operation. The rationale for statistical evidence presented below in
that for most coal refuse sites sufficient this approach and the conditions under summaries of data from the
hydrologic information and data already which supplemental monitoring plans Pennsylvania regulatory program. Thus,
exist to satisfy the PHC requirements for and monitoring data would be required our proposed regulations, which are
baseline information. Thus, our are discussed below. intended to facilitate the remining of
proposed regulation provides that a The major difference between abandoned coal refuse piles and provide
narrative PHC can be based on existing abandoned coal refuse remining the same level of environmental
hydrologic information derived from (1) operations and other surface mining protection as under sections 515 and
Modeling and other techniques; (2) data operations, with regard to the need for 516 of SMCRA, reasonably could be
and findings for the proposed site monitoring, is alluded to in section expected to maintain or improve the
including relevant hydrologic 517(b)(2) of SMCRA. That section hydrologic balance of abandoned coal
information that might have been requires monitoring of operations that refuse sites.
previously required to obtain a point- disturb rock strata serving as aquifers As noted, Pennsylvania has been a
source discharge permit under the that significantly ensure the hydrologic leader in promoting remining and in
NPDES program; or (3) other relevant balance of water use. However, as documenting the positive
remining operations. The proposed PHC previously noted, abandoned coal refuse environmental effects of remining
would summarize probable hydrologic remining operations will remove or operations, and has a hydrologic
impacts or enhancements while reprocess only materials that have been remining data base that goes back to
providing support, generally in terms of relocated from other areas and placed 1985. See Environmental Protection
available information and data, for any on a refuse site. These operations will Agency, 2001, Coal Remining—Best
conclusions drawn. A PHC that contains not disturb any strata that serve as Management Practices Guidance
an unsupported description of seasonal aquifers, and thus the monitoring Manual, EPA–821–B–01–010, pp. 16–
baseline variations or unsupported requirements of section 517(b)(2) should 18. This EPA manual reports that, of 260
conclusions of probable hydrologic not apply. remining permits issued by
impacts or enhancements would not be Our proposed regulations would not Pennsylvania through 1997, 98 percent
acceptable. routinely require monitoring plans (and resulted in pollutional loads that were
When additional information or data associated monitoring data) for surface either lower than baseline or only
are needed to support the PHC, we can water and ground water. If, however, the slightly exceeded baseline and did not
request this information or data from the PHC indicates probable adverse impacts require long-term treatment.
Pennsylvania’s database through 2003 the figures and the database from which One hundred of the sites, having
contains hydrologic information on a these figures were prepared consist of about 230 acid discharges prior to the
total of over 300 remining operations. remining sites permitted in remining, have been fully reclaimed.
The two figures presented below are Pennsylvania under the alternative Figure 1 shows that most of these 230
derived from information in that effluent provisions of section 301(p) of discharges were either eliminated,
database for reclaimed sites and detail the Clean Water Act, 33 U.S.C. 1311(p), improved, or at least did not worsen
the environmental enhancements that popularly referred to as the ‘‘Rahall with respect to acidity, iron and
can reasonably be expected from similar amendment of 1987.’’ The sites manganese (Mn) loads. Figure 2, which
remining operations. According to staff represent all types of remining is a composite of the 230 discharges,
of the Pennsylvania Department of categories including coal refuse shows a significant aggregate reduction
Environmental Resources (personal operations covered by our proposed
in acid and sulfate loads after remining.
communication with our staff, 2003), regulations.
EP17JA07.000</GPH>
Section 786.16 Geologic and Refuse Section 786.17 Information on Roads, refuse remining operations would be
Information Support Facilities subject to the existing requirements of:
Proposed § 786.17 retains the § 816.43—Diversions.
Proposed § 786.16(a) would apply the § 816.47—Hydrologic balance:
requirements of sections 780.22(a)(1) requirements of § § 780.33 and 780.37
for roads, and the requirements of Discharge structures.
and (3) that the permit application § 816.57—Hydrologic balance: Stream
provide sufficient geologic data, if § 780.38 for support facilities.
buffer zones.
appropriate, and refuse data in Disposal of Excess Spoil § 816.59—Coal recovery.
sufficient detail to assist in determining We have not proposed a counterpart § 816.61—Use of explosives: General
the probable hydrologic consequences in section 786 to the requirements of requirements.
of the operation upon the quality and § 780.35 on excess spoil. The excess § 816.62—Use of explosives: Pre-
quantity of surface and ground water in spoil requirements are not appropriate blasting survey.
the permit and adjacent areas, including § 816.64—Use of explosives: Blasting
to abandoned coal refuse remining
the extent to which surface- and ground- schedule.
operations because, in order to mine the
water monitoring is necessary; whether § 816.66—Use of explosives: Blasting
refuse, these operations will not remove
the operation has been designed to signs, warnings and access control.
overburden and, consequently, will not § 816.67—Use of explosives: Control of
prevent material damage to the produce excess spoil.
hydrologic balance outside the permit adverse effects.
area, and whether reclamation can be Part 829—Special Permanent Program § 816.68—Use of explosives: Records of
accomplished. The ‘‘if appropriate’’ Performance Standards: Abandoned blasting operations.
caveat, which is not in the existing rule Coal Refuse Remining Operations § 816.79—Protection of underground
language, is included in the proposed mining.
Proposed part 829 contains special § 816.87—Coal mine waste: Burning and
language to expressly recognize that performance standards for abandoned burned waste utilization.
geologic data may not always be needed coal refuse remining operations. As § 816.97—Protection of fish, wildlife,
or helpful for coal refuse sites. The discussed below, many of the provisions and related environmental values.
existing rule language does not require in part 829 incorporate by reference the § 816.131—Cessation of operations:
the submission of refuse data, but such requirements of parts 816 and 817, or Temporary.
information is clearly needed under the adapt them as appropriate. § 816.132—Cessation of operations:
proposed rule. Proposed § 786.16(b) also Permanent.
would include the requirement of Section 829.1 Scope
§ 816.150—Roads: General.
§ 780.22(c) that authorizes us to request This proposed section would state § 816.151—Primary roads.
additional geologic and refuse data if that part 829 contains the performance § 816.180—Utility installation.
deemed necessary to protect the standards established under the § 816.181—Support facilities.
hydrologic balance or meet the authority of the EPAct and SMCRA.
Section 829.10 Information Collection
performance standards of this chapter. Section 829.1 states that the standards
Section 780.22(c) does not require the of this part would apply to all Proposed § 829.10 contains
submission of refuse data, but such abandoned coal refuse remining information on the Office of
information would be required under operations unless otherwise specified. Management and Budget’s approval of
the proposed rule. Where specified, the standards would the information collection requirements
apply either to refuse removal of part 829. Part 829 sets forth the
The proposed regulation would not
operations or to on-site refuse minimum environmental protection
apply the requirement of § 780.22(a)(2)
reprocessing operations. We also performance standards for abandoned
for identifying all potentially acid- or
explain the use of the pronouns ‘‘we’’, coal refuse remining operations, and
toxic-forming strata. We do not believe
‘‘our’’, and ‘‘us,’’ which refer to the requires periodic submission of
it appropriate to retain this requirement
regulatory authority and the pronouns performance data or inspection surveys
because refuse piles are, by their very
‘‘you’’ and ‘‘your,’’ which refer to the that relate to these operations. Proposed
nature, potentially acid- or toxic-
applicant and operator. We use part 829 implements sections 515/516 of
forming; they are not homogenous and
pronouns throughout this part in order SMCRA, as amended by the EPAct. We
would, therefore, require extensive
to make the regulations more readable. estimate that each year, each of the 22
sampling in order to accurately map
remining operators would require
their chemical variations. Furthermore, Section 829.2 Objectives approximately 180 hours, depending on
the previously noted Pennsylvania
The objective of this part is to ensure which requirements of §§ 829.3 and
study would strongly suggest that this
that abandoned coal refuse remining 829.81 are met, and $200 per operator
identification is not needed because
operations are conducted in a manner to complete the requirements of this
abandoned coal refuse remining
that preserves and enhances part. In addition, for each of the 22
operations, particularly removal
environmental and other values remining applications that would be
operations, would be expected to
following reclamation in accordance reviewed, the regulatory authority
maintain or improve site conditions.
with the requirements of SMCRA, as would require 20 hours, with no non-
The proposed regulation also does not amended by the EPAct. wage costs, to review the information
retain the requirements of § 780.22(b) to required by part 829.
provide a description of the geology Section 829.3 General Requirements
down to the strata below the coal seam Proposed § 829.3 would require that Section 829.11 Signs and Markers
to be mined, or down to any acquifer any person intending to conduct Proposed § 829.11 retains the
below the coal seam to be mined that abandoned coal refuse remining requirements of § 816.11 for signs and
could be adversely impacted by mining. operations obtain a permit in markers except that, in lieu of the
These requirements are not appropriate accordance with part 786 and obtain a requirements of § 816.22 referenced in
because abandoned coal refuse remining bond in accordance with subchapter J. § 816.11(f), our proposal would
operations will not disturb or mine any Proposed § 829.3 specifies that any reference § 829.22, which applies to
strata, including ‘‘coal seams.’’ person who conducts abandoned coal topsoil markers.
Section 829.13 Casing and Sealing of pile or site. Under the proposed and surface-water monitoring
Drill Holes, Portals, and Other Openings regulation, the refuse remining operator requirements of proposed part 786
Proposed § 829.13 retains the would identify, prior to permit instead of those in § 816.41.
approval, the vegetation-support The proposed regulations generally
requirements of §§ 817.13, 817.14, and
material that will be used in would prohibit discharge of waste and
817.15 for the casing and sealing of
reclamation. We recognize that water, into underground mine works.
holes and other openings that might be
sometimes acidic materials may be the These requirements are similar to the
encountered except that, in lieu of the
only vegetation-support material requirements of § 816.41(i)(2). However,
requirements of § 817.41 referenced in
available to an operator. In such discharges from removal operations into
§§ 817.13 and 817.15 regarding the use
situations, use of acid-tolerant underground works may in some cases
of monitoring hole or other openings for
vegetative species and the chemical be appropriate. Therefore, proposed
water wells, the requirements of § 829.41(b)(iv) would authorize
treatment of the vegetative-support
§ 829.41 apply. discharges into underground mine
materials may be necessary to establish
Section 829.22 Soils and Other and sustain vegetative growth. The works if we approve the discharge and
Vegetation-Support Material operator may use a certified soil the operator demonstrates that the
Proposed § 829.22 would provide scientist to certify that the proposed operation would meet the following
different requirements than those of vegetation-support material is equal to requirements of § 816.41(i): The permit
§ 816.22 for reasons discussed below. or better than that existing on the would include baseline ground-water
Under our proposed regulations, the abandoned coal refuse site. This and geologic information to describe the
operator would be required to select and certification is not, however, proposed hydrologic and geologic conditions
manage vegetation-support materials to as a requirement. associated with the underground mine
achieve a vegetative cover at least equal works; the PHC would address the
Section 829.41 Hydrologic-Balance
to the existing vegetative cover on the impacts that the discharges will have on
Protection
abandoned coal refuse site. Proposed ground- and surface-water users; the
Proposed § 829.41(a), which would hydrologic reclamation plan would
§ 829.22(b) would apply the apply to on-site reprocessing operations,
requirement of § 816.22(d)(4) for include measures to remediate potential
would apply most of the requirements impacts to ground- and surface-water
application of nutrients and soil of § 816.41, hydrologic-balance
amendments when necessary to users; and provision would be made for
protection; and § 816.42, hydrologic monitoring ground- and surface-water
establish the vegetative cover. balance: water quality standards and
The proposed regulation, in part, systems.
effluent limitations. The proposed rule
includes requirements similar to those would not apply the requirement in Section 829.45 Hydrologic Balance:
of § 816.22(b) and (e) which apply to § 816.41(b)(2) to restore recharge Sediment Control Measures
surface mining operations where capacity. Also, in lieu of the Proposed § 829.45 would apply the
existing topsoil is not suitable to sustain requirements of § 780.21(h) referenced sediment control requirements of
vegetation. The proposed regulation in § 816.41, the proposed rule would § 816.45 except that, in lieu of the
would not apply the requirements of apply the requirements of § 786.15(a)(2). requirements of §§ 816.102 and
§ 816.22(a), (c), and (d), which govern Because the washing processes 816.111(b) referenced in § 816.45, the
the removal, storage and redistribution associated with on-site reprocessing requirements of §§ 829.102 and 829.111
of topsoil respectively, as most refuse operations often have comparable would apply. See the discussion below
piles have little, if any, retrievable impacts on surface and ground water of §§ 829.102 and 829.111.
topsoil. The proposed regulation at systems to those caused by other surface
§ 829.22, however, would provide us coal mining operations, our proposed Section 829.46 Hydrologic Balance:
latitude, on a permit-specific basis, to rule would retain existing hydrologic Siltation Structures
require specific storage and balance performance standards. The Proposed § 829.46 would apply the
redistribution plans for vegetation- sole exception is the requirement to requirements of § 816.46 for siltation
support material. restore recharge capacity. This structures with the exception of
We believe the approach of proposed requirement is not appropriate to § 816.46(b)(2), which is currently
§ 829.22 would reflect the soil reprocessing operations because they suspended. Also, in lieu of the
conditions encountered at the great neither remove nor replace overburden, requirements of §§ 816.42 and 816.49
majority of abandoned coal refuse sites. nor remove or disturb strata that serve referenced in section 816.46, the
An abandoned coal refuse site usually as aquifers. Therefore, reprocessing does requirements of §§ 829.41(b) and 829.49
contains a variety of vegetation-support not involve actions that necessitate would apply. See the discussion infra of
materials that, when enriched with soil restoration of recharge capacity. §§ 829.41(b) and 829.49.
amendments, would be more suitable Proposed § 829.41(b)(1) applies to
for vegetative growth than if the refuse removal operations and would Section 829.49 Impoundments
vegetation-support materials were left in apply most of the principal provisions Proposed § 829.49 would apply the
an unaugmented state. As an example, of § 816.41, except for the requirement requirements of §§ 816.49 and 816.56
the operator may select weathered earth of § 816.41(b)(2) to restore recharge for impoundments and the
materials on the surface of the capacity. We believe it is not rehabilitation of sedimentation ponds,
abandoned coal refuse pile or refuse site appropriate to require restoration of diversions, impoundments, and
and add appropriate soil amendments to recharge capacity for sites of removal treatment facilities except that, in lieu of
produce a material much more suitable operations, because, like underground § 780.25 as referenced in § 816.49, the
for sustaining vegetative growth. In this mines, removal operations do not requirements of proposed § 786.14(c),
regard, sub-surface materials or soil remove or replace overburden. In order would apply. Furthermore, proposed
from off the refuse pile or refuse site to ensure consistency of requirements § 829.49(b) would allow the retention of
may also be available and better suited related to abandoned coal refuse permanent impoundments on reclaimed
for revegetation than the weathered remining operations, the proposed coal refuse in only two circumstances.
surface materials often found on a refuse regulation also would apply the ground- First, the proposed rule would allow
retention of impoundments that do not well as the varying amount of refuse in lieu of the requirements of § 816.22
have a retaining embankment (e.g., dug- material that may remain on the site referenced in § 816.83(c), the
out type impoundments). Second, the following reclamation, we believe that requirements of proposed section 829.22
proposed rule would allow the retention the regulatory authority should have the would apply in order to ensure
of impoundments on non-steep slope latitude, on a site-specific basis, to allow consistency of requirements related to
locations if the impounding structures alternate design and foundation abandoned coal refuse remining
meet the requirements of § 816.49. A standards for handling and redeposition operations.
retained structure that meets the of coal refuse. The regulatory authority
Section 829.89 Disposal of Noncoal
requirements of § 816.49 would be could, for example, require safety
Mine Waste
suitable for the approved postmining factors ranging from 1.3–1.5 in lieu of
land use, such as a wetland. requiring the same value in all cases. Proposed § 829.89(a) would apply the
For these same reasons, detailed site requirements of §§ 816.89(a) and (b) for
Excess Spoil the disposal of noncoal mine wastes
inspections by a professional engineer
The proposed rule would not apply or other specialist may not be warranted with one exception. In lieu of the
the excess spoil requirements of in every case. We believe that the requirements of §§ 816.111 through
§§ 816.71 through 816.74. Because regulatory authority can best decide, on 816.116 referenced in section 816.89(b),
abandoned coal refuse remining a site-specific basis, the needed amount the operation would be required to
operations will not remove overburden of detail in the inspection, the required comply with the cover and vegetation
in order to extract the refuse, they will inspection frequency, and/or the requirements of proposed § 829.111.
not generate spoil. Proposed § 829.102 necessary qualifications of the Proposed §§ 829.89(b) and (c), in lieu
would address the grading requirements inspector. of the requirements of § 816.89(c),
appropriate to rock and refuse disposal. Proposed § 829.81(b) would provide would authorize the disposal of
that refuse waste deposited adjacent to noncombustible noncoal mine waste,
Section 829.81 Redeposition and
the refuse site (i.e., next to the site including coal combustion wastes,
Handling of Coal Mine Waste and Coal
where the coal refuse was originally within the refuse pile if the disposal
Refuse Piles
deposited) must comply with the will not adversely affect final site
Proposed § 829.81 would apply most standards of §§ 816.81 through 816.84. reclamation or public health and safety.
of the requirements of § 816.81, 816.83, We believe these standards are This provision recognizes the possible
and 816.84 for coal mine waste. appropriate because such adjacent benefits of bringing noncombustible
Proposed § 829.81(a) would specify that disposal would create new coal refuse alkaline wastes to the site as well as the
we may, on a site-specific basis, alter disposal structures. probability of encountering large pieces
the ‘‘design certification’’ and Proposed § 829.81(c) authorizes the of abandoned equipment or machinery,
‘‘foundation’’ standards of § 816.81(c) underground disposal of coal refuse and would allow on-site disposal of
and (d), and the inspection waste only when the requirements of both. We expect that the regulatory
requirements of § 816.83(c). We are both section 816.81(f) and proposed authority would require the applicant to
proposing this provision because § 829.41(b)(1)(i) are met. The rationale provide an analysis of any
abandoned coal refuse remining for limiting the underground disposal of noncombustible wastes proposed to be
operations may occur on refuse sites waste solely to refuse removal disposed at the site and that the
with different refuse characteristics, and operations is addressed above in the regulatory authority would use this
for different sites different refuse preamble discussion of proposed analysis to determine that the disposal
requirements may be appropriate. For § 829.41. would not adversely affect final site
example, some refuse remining Proposed § 829.81(d) would not apply reclamation or public health and safety.
operations may result in total removal of the 4-foot cover requirement of
refuse from the site and others may § 816.83(c)(4), because adequate Section 829.95 Stabilization of Surface
result in small amounts of waste being amounts of nontoxic and Areas
left behind that can be graded into the noncombustible cover material are Proposed § 829.95 would apply the
surrounding terrain with little effect on generally not available on abandoned provisions of § 816.95 concerning the
site stability. Still other operations may coal refuse sites. However, proposed stabilization of surface areas except that
result in relatively significant amounts § 829.102, does require that any the section has been reworded to reflect
of material being left on the site that remaining refuse from an abandoned that vegetation-support material, instead
would need to be configured during coal refuse remining operation must be of topsoil, would be used to repair rills
reclamation as a mound or refuse pile. covered with sufficient noncombustible and gullies.
And even within the same site, different and nontoxic material to prevent
aggregations of refuse material may have Section 829.99 Slides and Other
sustained combustion. Section 829.81(d)
different physical characteristics and, Damage
would allow us to approve site-specific
following weathering, different stability variations in the amount and type of Proposed § 829.99 would apply the
characteristics. For example, cohesion is cover material used, to prevent requirements of § 816.99(b) concerning
an important factor in slope stability sustained combustion and support operator responsibilities if a slide
analyses and resulting safety factors. vegetation. should occur. The proposed rule would
Most pre-SMCRA coal refuse material Proposed § 829.81(e) would not apply not apply § 816.99(a), which requires
has weathered extensively, resulting in the vegetation removal requirement of the retention of an undisturbed natural
finer clay-like particle sizes and § 816.83(c)(1) or the permanent barrier. The barrier requirement
increased cohesion. However, some impoundment prohibition of generally applies to contour and
refuse material has not weathered § 816.83(c)(3), because these two topics mountaintop removal mining operations
extensively, so rock sizes are coarse and are addressed in proposed §§ 829.22 and that backfill spoil on the mined-out
the refuse may have little or no 829.49, respectively. bench. This barrier provision, however,
cohesion. For placement of coal mine waste, is not appropriate to abandoned coal
Because of the wide range in refuse proposed § 829.81(f) would apply the refuse remining operations because
material composition and weathering, as requirements of § 816.83(c); except that, these operations do not remove in-place
rock in order to extract the refuse. greater than the amount needed to make forming material would be addressed by
Consequently, the opportunity for the the site closely resemble the general proposed § 829.41.
retention of an undisturbed natural surface configuration of the land prior to Proposed § 829.102(e), (f), and (g)
barrier does not exist. the original placement of the refuse. would generally apply the requirements
Because abandoned coal refuse of sections 816.102(g), (h) and (j). The
Section 829.100 Contemporaneous remining operations will not remove permanent impoundments requirements
Reclamation overburden to extract the refuse, of section 816.102(i) would be
Proposed § 829.100 would apply the ‘‘spoil,’’ as defined in § 701.5, will not addressed at § 829.49 and would not be
requirement of § 816.100 to reclaim the be generated by these operations. addressed in section 829.102.
disturbed area as contemporaneously as Rather, these operations may encounter Proposed § 829.102(h) would apply
practicable with the abandoned coal existing spoil left by the abandoned the principal elements of § 816.106.
refuse remining operation. In addition, mine operation. See the definition of Under this proposed provision,
the proposed rule would require the ‘‘spoil’’ in section 701.5, which would highwalls and other mining-related rock
permit to establish a schedule for the encompass any existing spoil cuts encountered or uncovered during
contemporaneous reclamation of the encountered at an abandoned coal refuse remining operations would be
site. refuse site. The proposed references to eliminated to the extent technically
During the formation of this ‘‘rock waste’’ would refer to rock practicable given available backfill
rulemaking, personnel from OSM, the produced from such activities as road material and stability considerations.
States, industry and the environmental construction and highwall stabilization. Such rock cuts may exist in refuse sites
community visited numerous More specifically, proposed located in valley fills, hillside areas, and
abandoned coal refuse sites throughout § 829.102(a) would require that grading strip cuts. The proposed paragraph
the country. Some of these sites had be done in accordance with the would require that available spoil, rock
been remined and reclaimed or were in redeposition handling requirements of waste, or refuse from the abandoned
the process of being reclaimed. Other proposed section 829.81. Proposed coal refuse site disturbed by the
partially remined sites had been § 829.102(a) also would require that operation would be used to eliminate
abandoned and left unreclaimed. In grading activities be completed rock cuts in a safe manner consistent
order to minimize the amount of land according to the reclamation plan with achieving site stability. Proposed
left unreclaimed if a site permitted schedule required by proposed § 829.102(h) does not contain an ‘‘other
under this rule is abandoned, we are § 786.14(a). reasonably available spoil’’ provision
proposing that the permit contain a Proposed § 829.102(b) would apply comparable to that found in
schedule defining contemporaneous the requirements of § 816.102(a) except § 816.106(b)(1) concerning elimination
reclamation. A schedule would make it for the requirement to achieve AOC. As of highwalls. This provision was not
possible for the regulatory authority to discussed above, a requirement to included because it could involve
verify that reclamation is proceeding in achieve AOC is not appropriate because disturbance and potential
a timely fashion and to take prompt the land surface and elevations of destabilization of previously mined
action if there is a question about abandoned coal refuse remining sites areas adjacent to those where the refuse
abandonment. have already been altered from their remining will occur. While grading of
original pre-mined conditions, and adjacent areas may be necessary in some
Section 829.102 Grading
refuse remining does not remove instances for stability purposes, it may
As discussed below, proposed overburden. Proposed § 829.102(b) not be desirable to disturb those areas in
§ 829.102 would apply, with some would apply the 1.3 static safety factor other instances, solely to obtain backfill
revision, many of the requirements of that is required by § 816.102(a)(3) and material.
§ 816.102, and would provide different 816.102(e). Proposed § 829.102(i) would apply to
requirements than those of §§ 816.106 The proposed rule would not apply remining of abandoned coal refuse sites
and 816.107. The proposed rule would the requirements of § 816.102(b), (c), located on steep slopes. Unlike
not retain the requirements of and (d), which primarily relate to spoil. § 816.107(c), this paragraph would not
§§ 816.102(k), 816.104 and 816.105 As noted above, spoil will not be prohibit disturbing land above the
because they pertain to removal of thin generated by abandoned coal refuse highwall, and would allow us to
and thick overburden, mountaintop remining operations. The requirement of authorize up-slope disturbances when
removal, and variances from § 816.102(c) to compact waste where warranted for diversions or other
approximate original contour (AOC). advisable is duplicative of § 816.81(a), operations-related activities. Proposed
These standards all address removal and which would be applied to abandoned § 829.102(i)(1), which prohibits placing
replacement of overburden and, as coal refuse remining operations by specified materials on the downslope
discussed above, overburden removal proposed § 829.81(a). below the elevation of the refuse site,
does not occur in abandoned coal refuse Proposed § 829.102(c) would allow would be consistent with the
remining operations. land adjacent to the refuse remining site prohibitions in § 816.107(b) against
Proposed § 829.102 also would not to be graded to conform to the remining placing materials on the downslope.
apply the requirements of site. This paragraph further requires that Proposed § 829.102(i) would impose
§ 816.102(a)(1) and (k) for approximate vegetation-support material from the additional requirements to minimize the
original contour (AOC), the adjacent area be removed and stored potential that refuse remining activities
requirements of § 816.102(b) and (d) for prior to such grading so that it will be on steep slopes will result in unstable
excess spoil and the placement of spoil available for future use at both sites. conditions. More specifically, proposed
outside the permit, or the requirements Proposed § 829.102(d) would apply § 829.102(i)(2)(i) would require refuse
of § 816.102(i) for permanent the requirements of section 816.102(f) on steep slopes to be removed in
impoundments. It is not appropriate to concerning covering or treating both horizontal lifts, i.e., in horizontal layers,
require AOC for a remined refuse pile exposed coal seams and combustible starting at the top of the refuse pile.
site, because the amount of spoil, rock material to prevent sustained Proposed § 829.102(i)(2)(ii) further
waste, and refuse remaining after refuse combustion. The requirement of would prohibit the removal of the toe of
remining may be either less than or § 816.102(f) to cover acid- and toxic- the refuse until the removal of refuse by
horizontal lifts progresses down to that that encountered at the site prior to refuse site prior to commencement of
level. Because alternate extraction remining. the refuse remining operations.
methods may be necessary for some Proposed § 829.111(d) would Our proposal to require that the
refuse remining sites, proposed incorporate § 816.116(c), which operator restore the abandoned coal
§ 829.102(i)(3) would allow us to waive establishes the revegetation refuse site to a condition capable of
the requirements of § 829.102(i)(2)(i) responsibility period and contains supporting an equivalent or higher or
and (ii) if the permit demonstrates, on certain related requirements pertaining better use than that which existed before
the basis of stability analyses, that the to the evaluation of revegetation the remining operation is a function of
alternate methods would not result in success, with two modifications. As the physical characteristics typically
unstable conditions during refuse proposed, the rule would establish a encountered at abandoned coal refuse
remining. revegetation responsibility period of two sites. Most abandoned coal refuse sites
full years after the last year of pose environmental problems and are
Section 829.111 Revegetation, eligible for reclamation and acid mine
Standards for Success, and Bond augmented seeding, fertilizing, irrigating
or other work for areas with an average drainage abatement under the
Liability Period Abandoned Mine Land Reclamation
annual precipitation greater than 26.0
Proposed § 829.111 would require inches. The responsibility period would Fund. The range of environmental and
compliance with the revegetation be five full years after the last year of safety problems typically found at these
requirements of §§ 816.111(b)–(d), augmented seeding, fertilizing, irrigating sites includes acid mine drainage and
816.113, and 816.114, while or other work for areas with an average acid ponds, dust and erosion, unstable
establishing revegetation success annual precipitation equal to or less conditions, slides, lack of topsoil, refuse
standards and responsibility periods than 26.0 inches. fires, etc. Many of these sites are little
that differ from those of § 816.116. more than ‘‘moonscapes’’ where the
Proposed § 829.111(a) generally At present, § 816.116(c)(2) contains
existing vegetative cover is dramatically
would retain the requirements of two responsibility periods for areas with
less than what one would ordinarily
§ 816.111(a), with the exception of the an average annual precipitation greater
expect from an undeveloped land use.
requirement for a diverse vegetative than 26.0 inches. Under paragraph
In such cases, the cost-effective
cover. Because of limitations often (c)(2)(i), the period is five full years after
postmining land use options available to
found in the quality of the soil or other the last year of augmented seeding,
the site are extremely limited.
surface materials at abandoned coal fertilizing, irrigating or other work; but
Accordingly, our proposed rule would
refuse sites, proposed paragraph (a) paragraph (c)(2)(ii) reduces that period
require the site at least to be stabilized
would not include the requirement of to two full years for lands eligible for
and covered with vegetation that would
§ 816.111(a)(1) to achieve a diverse remining if those lands are included in
grow in available vegetative-support
cover on regraded areas and all other a permit issued under 30 CFR 785.25. material and in a manner similar to the
disturbed areas. For sites that are Similarly, § 816.116(c)(3) currently reclamation done under the AML
currently barren or sparsely vegetated, contains two responsibility periods for program. In some cases, revegetation
the proposal would require that the areas with an average annual will involve planting wetland species,
operator establish sufficient vegetation precipitation equal to or less than 26.0 whereas in other cases, acid-tolerant
to stabilize the surface area. Such inches. Under paragraph (c)(3)(i), the species will be planted as the only
stabilization of the surface area should period is ten full years after the last year species capable of achieving
be attainable using surface materials of augmented seeding, fertilizing, revegetation. In all cases, the site must
found at the site, augmented by soil irrigating or other work; but paragraph be restored to a condition capable of
amendments and, where necessary, by (c)(3)(ii) reduces that period to five full supporting at least an equivalent use or
additional soil brought in from borrow years for lands eligible for remining if a higher or better use than that which
areas. This requirement for sufficient those lands are included in a permit existed at the time of the abandoned
vegetation to stabilize the surface area is issued under 30 CFR 785.25. coal refuse remining operation.
comparable to existing requirements for The shortened revegetation
AML refuse reclamation projects. responsibility periods in paragraphs III. Public Comment Procedures
Proposed § 829.111(b) and (c) would (c)(2)(ii) and (c)(3)(ii) of § 816.116 Electronic or Written Comments: If
require that the operator stabilize the correspond to a provision in section you submit written comments, they
surface from erosion in accordance with 2503(b) of the Energy Policy Act of 1992 should be specific, confined to issues
proposed § 829.95 and establish a that added similar language to section pertinent to the proposed regulations,
vegetative cover no less than that which 515(b)(20) of SMCRA as an incentive for and explain the reason for any
existed on the site prior to the remining operations. recommended change(s). We appreciate
abandoned coal refuse remining any and all comments, but those most
Section 829.133 Postmining Land Use
operation. In our field review of useful and likely to influence decisions
abandoned coal refuse sites, we found Proposed § 829.133 would provide on the final regulations will be those
that many sites had little or no ground different requirements for postmining that either involve personal experience
cover. When there was ground cover at land use than those of § 816.133 which or include citations to and analyses of
these sites, the cover most often sets forth detailed criteria for SMCRA, its legislative history, its
consisted of only a few species. Other determining premining uses of the land implementing regulations, case law,
abandoned coal refuse sites were as well as detailed criteria for other pertinent State or Federal laws or
reforested with a full tree canopy or alternative postmining land uses. In lieu regulations, technical literature, or other
contained wetlands with an extensive of these existing provisions, the relevant publications.
cover of marsh vegetation, often of a proposed rule would require that all Except for comments provided in an
single species that developed on slurry areas disturbed by abandoned coal electronic format, you should submit
ponds. In light of these observations, the refuse remining operations be restored three copies of your comments if
proposed rule would require that to a condition capable of supporting the possible. We cannot ensure that
erosion be stabilized and a vegetative uses or higher or better uses than those comments received after the close of the
cover be established that is no less than that existed at the abandoned coal comment period (see DATES) or at
locations other than those listed above IV. Procedural Matters program in accordance with part 732 to
(see ADDRESSES) will be considered or incorporate the provisions provided
What Are the Effects of This Rule on
included in the Administrative Record. herein in order to facilitate the removal
Federal Program States and on Indian
Availability of Comments: Our and/or reprocessing of anthracite refuse
Lands?
practice is to make comments, including sites.
The proposed revisions, if adopted,
names and home addresses of Executive Order 12866—Regulatory
will apply through cross-referencing in
respondents, available for public review Planning and Review
those States with Federal programs:
during regular business hours at the
California, Georgia, Idaho, These regulations are considered
OSM Administrative Record Room (see
Massachusetts, Michigan, North significant and are subject to review by
ADDRESSES). Individual respondents
Carolina, Oregon, Rhode Island, South the Office of Management and Budget
may request that we withhold their
Dakota, Tennessee, and Washington. under Executive Order 12866.
home address from the rulemaking
The Federal programs for these States a. The regulations may raise novel
record, which we will honor to the
appear at 30 CFR parts 905, 910, 912, legal or policy issues, which is the
extent allowable by law. There also may 921, 922, 933, 937, 939, 941, 942, and reason why they are considered
be circumstances in which we would 947, respectively. The proposed significant under Executive Order
withhold from the rulemaking record a regulations, if adopted, will also apply 12866.
respondent’s identity, to the extent through cross-referencing to abandoned b. The regulations would not create a
allowed by law. If you wish us to coal refuse remining operations on serious inconsistency or otherwise
withhold your name and/or address, Indian lands, because we will amend interfere with an action taken or
you must state this prominently at the the regulations in parts 750 and 785 for planned by another agency.
beginning of your comment and you the purpose of incorporating by c. The regulations would not alter the
must submit your comment by regular reference parts 786 and 829 into the budgetary effects of entitlements, grants,
mail, not by e-mail. We will make all programs for Indian lands and the user fees, or loan programs or the rights
submissions from organizations or Federal program States. Comments are or obligations of their recipients.
businesses, and from individuals specifically solicited as to whether d. The regulations will not have an
identifying themselves as unique conditions exist in any of these effect of $100 million or more on the
representatives or officials of Federal program States or on Indian economy. They will not adversely affect
organizations or businesses, available lands relating to this proposal that in a material way the economy,
for public inspection in their entirety. should be reflected either as changes to productivity, competition, jobs, the
Public hearings: We will hold a public the national regulations or as specific environment, public health or safety, or
hearing on the proposed regulations amendments to any or all of the Federal State, Tribal, or local governments or
upon request only. The time, date, and programs or the Indian lands program. communities. The proposed regulations
address for any hearing will be will not have an adverse economic
How Will This Rule Affect State
announced in the Federal Register at impact on the coal industry or State
Programs?
least 7 days prior to the hearing. regulatory authorities. This
Any person interested in participating Following publication of the final determination is based on the fact that
at a hearing should inform Andy DeVito regulations, we will evaluate the State the proposed regulations will facilitate
(see FOR FURTHER INFORMATION CONTACT), programs approved under section 503 of the removal and/or reprocessing of coal
either orally or in writing by 4:30 p.m., SMCRA to determine if any changes in refuse piles, abandoned prior to the
Eastern time, on February 7, 2007. Any those programs may be necessary. When enactment of SMCRA, by private
disabled individual who requires we determine that a State program industry for use as fuel for electric
special accommodation to attend a should be amended, the particular State power generation. Coal refuse removal
public hearing should also contact Andy will be notified in accordance with the and reprocessing operations conducted
DeVito so that appropriate arrangements provisions of 30 CFR 732.17. On the under the new regulations are by choice.
can be made. basis of the proposed regulations, we It is expected that such operations will
have made a preliminary determination result in significant positive benefits,
If no one has contacted Mr. DeVito to that States may adopt similar both tangible and intangible. The
express an interest in participating in a regulations if they choose to, but we benefits of such operations include:
hearing by that date, a hearing will not will not require them to amend their
be held. If only one person expresses an programs. Elimination of Health and Safety
interest, a public meeting rather than a Section 529 of SMCRA authorizes the Problems
hearing may be held, with the results Secretary to promulgate separate Serious health and safety problems
included in the Administrative Record. regulations for anthracite coal mines. are associated with refuse disposal sites.
The public hearing will continue on That provision is implemented through These problems include:
the specified date until all persons § 785.11 for permitting requirements Refuse piles placed on hillsides, such
scheduled to speak have been heard. If and part 820 for performance standards. as exist throughout Appalachia, may be
you are in the audience and have not The Federal regulatory requirements unstable and slip, resulting in
been scheduled to speak and wish to do essentially incorporate the anthracite landslides.
so, you will be allowed to speak after program of the Commonwealth of Refuse is often easily combustible
those who have been scheduled. We Pennsylvania. That program, therefore, because of its significant coal content.
will end the hearing after all persons applies to anthracite culm banks and As a result, burning refuse banks have
scheduled to speak and persons present refuse piles. No change to § 785.11 or been serious problems, both in terms of
in the audience who wish to speak have part 820 is considered necessary to the noxious fumes emitted and the
been heard. To assist the transcriber and apply these proposed regulations to potential for fires spreading to adjacent
ensure an accurate record, we request, if anthracite refuse sites. Once proposed areas and to nearby residences. Most of
possible, that each person who testifies regulations for abandoned coal refuse the burning piles have been reclaimed
at a public hearing provide us with a remining operations are finalized, using AML Fund monies, but
written copy of his or her testimony. Pennsylvania may modify its anthracite unreclaimed refuse piles have the
potential for catching on fire and Since the percentage of recoverable coal Enhancement of Local Quality of Life
becoming a hazard. varies widely, we are, for computation and Adjacent Property Values
Refuse piles are attractive for off-road purposes, assuming that the coal refuse, Removal or reprocessing these refuse
vehicle use which, because of the piles’ on average, contains from 5,000 to 8,000 sites will have a significant synergistic
unstable and steep slopes, can result in Btu/lb, or about half the Btu value of effect in that, by eliminating the
injury and even death. bituminous coal. Therefore, the 9 attendant health, safety, and
Automobile accidents have been million tons of refuse projected to be environmental problems, land use
reported where dirt and rock have recovered/utilized annually represents, alternatives at the site will increase, the
washed across highways from an theoretically, at least 4.5 million tons of quality of life in nearby communities
adjacent abandoned refuse pile. coal that could be added to the coal
Many of these hazards will be will be improved, and, it is anticipated,
reserve base each year. adjacent property values will often be
eliminated by the removal and
reclamation of the refuse piles that will Reclamation Without Recourse to enhanced.
be facilitated by the proposed Limited Abandoned Mine Land Funds Costs Associated With the Rule
regulations.
Available data on reclaiming refuse Once fully implemented, the annual
Elimination or Reduction of Existing sites indicates that the average costs of this rule is estimated to be
Ongoing Environmental Problems reclamation costs will range from $200 approximately $624,000 per year. That
Refuse pile removal, followed by to $70,000 per acre. These data also figure is based on an assumption that
grading and revegetating the site, will indicate that, depending on its size and approximately 16 permit applications
eliminate or significantly reduce configuration, a refuse pile contains will be submitted each year under this
environmental problems associated with approximately 40,000 tons of refuse per rule and that it will cost each applicant
such piles including (1) Acid drainage acre. Assuming that the analysis $28,000 to prepare a permit application,
and pollution of adjacent streams provided in the previous paragraph is and $11,000 for a regulatory authority to
resulting from the large amounts of reasonable, the 9 million tons of refuse review and approve the application.
pyritic materials that are often present; projected to be recovered annually Costs resulting from the rule would
(2) uncontrolled erosion resulting in equates to 222 acres reclaimed annually. include the following:
stream siltation and downstream Reclamation costs for these 222 acres • Industry costs. We estimate that
flooding; and (3) diminished aesthetic are estimated, using an average cost of annually, approximately 16 companies
qualities. $14,797 per acre, to be $3.3 million. will apply for permits under these
Therefore, there is the potential for an regulations. The estimated cost to
Establishment of Vegetative-Support estimated annual savings of $3.3 million prepare a permit application under the
Material and Vegetative Cover in AML fund expenditures because proposed regulations is approximately
There is generally little or no topsoil government will be relieved of most $28,000 per applicant. This estimate is
existing on the surface of abandoned reclamation costs for sites remined based on the burden hours associated
refuse sites. Typically, the topsoil was under the proposed regulations. with the regulatory wage hour
either buried or lost during the original requirements in the rule multiplied by
Increased Employment industry compliance costs of $60.00 per
refuse placement. Vegetation may be
sparse and vary widely throughout the It is projected that refuse burning hour. See the burden hour tables below
site. Removal of refuse material power plants will be fueled by 20–22 in the section on the Paperwork
followed by reclamation of the site refuse removal/reprocessing operations Reduction Act. Permit applicant costs
would allow identification of more that will be active at any given time. would be covered by the profits derived
suitable vegetation-support materials Four categories of employees that will from the sale of the coal removed.
such as weathered earth or sub-surface be working at either the co-generation • State Costs. There would be costs to
materials that, with appropriate soil stations or the refuse recovery those States that decide to issue
amendments, would be more suitable operations have been identified. These equivalent State regulations. We
for vegetative growth than the existing categories include the construction estimate that approximately 7–10 States
vegetation-support materials without workers for building new power may voluntarily decide to promulgate
soil amendments. OSM recognizes that generating stations; the power plant equivalent State regulations. Fifty
sometimes acidic materials are the only employees; refuse removal/reprocessing percent of State costs would be covered
vegetation-support material available to operation employees; and truck drivers. by the annual regulatory grant to the
an operator. In such situations, use of State from the Federal government.
acid-tolerant vegetative species may be Increased and Improved Variety of Costs would vary by State; however,
necessary in addition to surface Potential Land Uses grants to the States do not have per
treatment with chemicals. The end regulation cost breakdown. We can
Land use alternatives for these estimate that it will cost a State
result would be establishment of a
reclaimed sites could include, for approximately $4500 to promulgate
vegetative cover sufficient to prevent
example, returning the site to a forest, regulations and submit a State program
erosion and sedimentation, and
grassy field, or wildlife habitat that amendment to OSM. This estimate is
compatible with a higher land use.
existed prior to mining; or creating areas based on the burden hours associated
Recovery of Lost Coal Values that will allow residential or with the regulatory requirements in 30
Refuse piles may have a carbon commercial development, or CFR 732.17 for submitting a State
content ranging from a low of 27.5 construction of parks, ball fields, gun program amendment. The State cost is
percent to a high of 98.9 percent of the clubs or other sports facilities. then reduced by 50 percent to $4,500 as
original coal values that were mined. Numerous examples of these uses for a result of the annual regulatory grant
Recovery of these formerly ‘‘lost’’ coal former refuse sites abound throughout given to the State by OSM. In addition,
values, either by reprocessing or by the coal regions. It is expected that such it will cost States approximately
directly burning the refuse, in a sense uses will be enhanced by the proposed $11,000 to review and approve an
increases the nation’s coal resources. regulations. application submitted under the
proposed regulations. This estimate is local government agencies, or of parts 786 and 829 would not have
based on the burden hours associated geographic regions. substantial direct effects on the
with the regulatory requirements in the c. Do not have significant adverse relationship between the Federal
rule multiplied by State compliance effects on competition, employment, Government and Indian tribes, or on the
costs of $45.00 per hour. See the burden investment, productivity, innovation, or distribution of power and
hour tables below in the section on the the ability of U.S.-based enterprises to responsibilities between the Federal
Paperwork Reduction Act. compete with foreign-based enterprises Government and Indian Tribes.
• Federal Costs. There would be costs for the reasons stated above.
to the Federal government in reviewing Executive Order 13211—Actions
and approving submitted State program Unfunded Mandates Concerning Regulations That
amendments. Data for FY 2005, These regulations do not impose an Significantly Affect Energy Supply,
available from OSM’s cost accounting unfunded mandate on State, Tribal, or Distribution, or Use
system, indicates that the average cost to local governments or the private sector These regulations are not considered
process a proposed State program of more than $100 million per year. The a significant energy action under
amendment is approximately $830.00 regulations do not have a significant or Executive Order 13211. The proposed
and for a final rule, $6,120. If 10 States unique effect on State, Tribal, or local additions of parts 786 and 829 would
were to submit proposed and final State governments or the private sector. A not have a significant effect on the
program amendments the cost to the statement containing the information supply, distribution, or use of energy.
Federal Government would be required by the Unfunded Mandates
approximately $130,700 (10 × [$830 + Reform Act (2 U.S.C. 1501 et seq.) is not Paperwork Reduction Act
$6,120] = $130,700). required. In accordance with 44 U.S.C. 3507(d),
Regulatory Flexibility Act Executive Order 12630—Takings OSM has submitted the information
collection and recordkeeping
The Department of the Interior In accordance with Executive Order
requirements of 30 CFR parts 786 and
certifies that these regulations will not 12630, the regulations do not have
829 to the Office of Management and
have a significant economic impact on takings implications to require a takings
a substantial number of small entities Budget (OMB) for review and approval.
implication analysis.
under the Regulatory Flexibility Act (5 30 CFR Part 786
U.S.C. 601 et seq.). For the reasons Executive Order 12988—Civil Justice
previously stated, the proposed Reform Title: Requirements for Permits for
regulations will not have an adverse In accordance with Executive Order Abandoned Coal Refuse Remining
economic impact on the coal industry or 12988, the Office of the Solicitor has Operations—30 CFR part 786.
State regulatory authorities. Further, the determined that the regulations do not OMB Control Number: 1029–XXX1.
regulations will not produce adverse unduly burden the judicial system and Summary:Proposed 30 CFR part 786
effects on competition, employment, that they meet the requirements of sets forth the requirements for obtaining
investment, productivity, innovation, or sections 3(a) and 3(b)(2) of the Order. a permit for abandoned coal refuse
the ability of United States enterprises remining operations. The requirements
Executive Order 13132—Federalism
to compete with foreign-based would ensure that the permit applicant
enterprises in domestic or export In accordance with Executive Order obtains a permit to conduct an
markets. 13132, the regulations do not have abandoned coal refuse remining
Federalism implications sufficient to operation in accordance with the
Small Business Regulatory Enforcement warrant the preparation of a Federalism requirements of the Surface Mining
Fairness Act Assessment for the reasons discussed Control and Reclamation Act of 1977
For the reasons previously stated, the above. (SMCRA), as amended by the Energy
regulations are not considered ‘‘major’’ Policy Act of 1992 (EPAct).
Executive Order 13175—Consultation
under 5 U.S.C. 804(2), the Small Bureau Form Number: None.
and Coordination With Indian Tribal
Business Regulatory Enforcement Frequency of Collection: Once.
Governments
Fairness Act. The regulations:
a. Do not have an annual effect on the In accordance with Executive Order Description of Respondents: 16
economy of $100 million or more. 13175, we have evaluated the potential Surface coal mining permit applicants
b. Will not cause a major increase in effects of these regulations on Federally- and 15 State regulatory authorities.
costs or prices for consumers, recognized Indian tribes and have Total Annual Responses: 31.
individual industries, Federal, State, or determined that the proposed additions Total Annual Burden Hours: 10,542.
SUMMARY ANNUAL BURDEN TO RESPONDENTS FOR 30 CFR 786

Hours Total
Number Number of Hours per
Section per hours
of applicants States State
applicant requested
786.12(a) .............................................................................. 16 25 15 5 475

786.12(b) & (c) ..................................................................... 16 17 15 1 287
786.12(d) .............................................................................. 16 16 15 6 346
786.12(e) .............................................................................. 16 35 15 20 860

786.13(a) .............................................................................. 16 15 15 5 315
786.13(b) .............................................................................. 16 8 2 158
786.13(c) .............................................................................. 2 4 2 2 12
786.13(d) .............................................................................. 16 40 15 20 940
786.13(e) .............................................................................. 2 3 2 1 8
786.13(f) ............................................................................... 16 8 15 4 188
786.13(g) .............................................................................. 16 8 15 4 188
SUMMARY ANNUAL BURDEN TO RESPONDENTS FOR 30 CFR 786—Continued

Hours Total
Number Number of Hours per
Section per hours
of applicants States State
applicant requested
786.14(a) .............................................................................. 16 60 15 40 1,560

786.14(b) .............................................................................. 16 10 15 5 235
786.14(c) .............................................................................. 16 25 15 10 550
786.14(d) .............................................................................. 8 30 8 5 280
786.14(e) .............................................................................. 16 30 15 20 780
786.15 .................................................................................. 16 75 15 50 1,950
786.16 .................................................................................. 16 30 15 20 780
786.17 .................................................................................. 16 30 15 10 630
Total .............................................................................. ........................ ........................ ........................ ........................ 10,542
Total Non-Wage Burden Costs:

$77,560.
SUMMARY ANNUAL NON-WAGE COST TO RESPONDENT FOR 30 CFR 786

Number of Cost per
Section Total costs
applicants applicant
786.12(a) ................................................................................................................................ 16 50 800

786.12(b) & (c) ....................................................................................................................... 16 50 800
786.12(d) ................................................................................................................................ 16 50 800
786.12(e) ................................................................................................................................ 16 50 800
786.13(a) ................................................................................................................................ 16 50 800
786.13(b) ................................................................................................................................ 16 50 800
786.13(c) ................................................................................................................................ 2 100 200
786.13(d) ................................................................................................................................ 16 120 1,920
786.13(e) ................................................................................................................................ 2 20 40
786.13(f) ................................................................................................................................. 16 100 1,600
786.13(g) ................................................................................................................................ 16 200 3,200
786.14(a) ................................................................................................................................ 16 600 9,600
786.14(b) ................................................................................................................................ 16 25 400
786.14(c) ................................................................................................................................ 16 300 4,800
786.14(d) ................................................................................................................................ 8 25 200
786.14(e) ................................................................................................................................ 16 145 2,320
786.15 .................................................................................................................................... 16 2,000 32,000
786.16 .................................................................................................................................... 16 1,000 16,000
786.17 .................................................................................................................................... 16 30 480
Total ................................................................................................................................ .......................... .......................... 77,560
30 CFR part 829 protection performance standards and Bureau Form Number: None.
Title: Special Permanent Program would require periodic submission of Frequency of Collection: Once and
Performance Standards—Abandoned performance data or inspection surveys quarterly.
Coal Refuse Remining Operations—30 that would apply to abandoned coal Description of Respondents: 22
CFR part 829. refuse remining operations. These Surface coal mining operators and 22
OMB Control Number: 1029–XXX2. regulations would implement sections State regulatory authorities.
Summary: Proposed 30 CFR part 829 515 and 516 of SMCRA, as amended by Total Annual Responses: 44.
sets forth the minimum environmental EPAct. Total Annual Burden Hours: 4,372.
SUMMARY ANNUAL BURDEN TO RESPONDENTS FOR 30 CFR 829

Total
Number of Hours per Number of Hours per
Section hours
operators operator states state requested
.3 .......................................................................................... 22 ........................ 22 ........................ 2,200

(i) .......................................................................................... 22 16 0 0 352
(iii) ........................................................................................ 0 0 22 20 440

(vi) ........................................................................................ 4 120 0 0 480
(vii) ....................................................................................... 4 4 0 0 16
(ix) ........................................................................................ 4 50 0 0 200
(x) ......................................................................................... 4 12 0 0 48
(xii) ....................................................................................... 22 12 0 0 264
(xiv) ...................................................................................... 4 16 0 0 64
SUMMARY ANNUAL BURDEN TO RESPONDENTS FOR 30 CFR 829—Continued

Total
Number of Hours per Number of Hours per
Section hours
operators operator states state requested
(xvii) ...................................................................................... 22 15 0 0 330

.41 ........................................................................................ 22 80 0 0 1,760
.49 ........................................................................................ 22 16 0 0 352
.81 ........................................................................................ 4 15 0 0 60
Total .............................................................................. ........................ ........................ ........................ ........................ 4,372
Total Non-Wage Burden Costs:

$4,400.
SUMMARY OF ANNUAL NON-WAGE COST TO RESPONDENTS FOR 30 CFR 829

Total
Number of Cost per Number of Cost per non-wage
Section operators operator states state costs
requested
.3 .......................................................................................... 22 150 0 0 3,300

.41 ........................................................................................ 0 0 0 0 0
.49 ........................................................................................ 22 50 0 0 1,100
.81 ........................................................................................ 0 0 0 0 0
Total .............................................................................. ........................ ........................ ........................ ........................ 4,400
Comments are invited on: recordkeeping requirements by February Clarity of This Regulation
(a) Whether the proposed collection of 16, 2007, to the Office of Management
information is necessary for the proper and Budget, Office of Information and Executive Order 12866 requires each
performance of OSM and State Regulatory Affairs, Attention: Interior agency to write regulations that are easy
regulatory authorities, including Desk Officer, via e-mail to to understand. We invite your
whether the information will have OIRA_DOCKET@omb.eop.gov, or via comments on how to make the proposed
practical utility; facsimile to (202) 395–6566. Also, regulations easier to understand,
(b) The accuracy of OSM’s estimate of please send a copy of your comments to including answers to questions such as
the burden of the proposed collection of the following: (1) Are the requirements
John A. Trelease, Office of Surface
information; in the proposed regulations clearly
(c) Ways to enhance the quality, Mining Reclamation and Enforcement,
Room 210—SIB, 1951 Constitution Ave, stated? (2) Do the proposed regulations
utility, and clarity of the information to contain technical language or jargon that
be collected; and NW., Washington, DC 20240, or
interferes with its clarity? (3) Does the
(d) Ways to minimize the burden of electronically to jtreleas@osmre.gov.
format of the proposed regulations
collection on the respondents. National Environmental Policy Act (grouping and order of sections, use of
Under the Paperwork Reduction Act,
headings, paragraphing, etc.) aid or
OSM must obtain OMB approval of all We have prepared a draft reduce their clarity? (4) Would the
information and recordkeeping environmental assessment (EA) of the regulations be easier to understand if
requirements. No person is required to proposed regulations as required by the they were divided into more (but
respond to an information collection procedures implementing the National
request unless the form or regulation shorter) sections (a ‘‘section’’ appears in
Environmental Policy Act of 1969 bold type and is preceded by the symbol
requesting the information has a (NEPA). We have made a tentative
currently valid OMB control (clearance) ‘‘§ ’’ and a numbered heading; for
determination that the proposed example, § 786.11)? (5) Is the
number. These numbers appear in regulations would enhance reclamation
§§ 786.10 and 829.10. To obtain a copy description of the proposed regulations
of abandoned coal refuse piles while in the SUPPLEMENTARY INFORMATION
of OSM’s information collection
guaranteeing environmental protection section of this preamble helpful in
clearance requests, explanatory
to the same level provided under understanding the proposed
information, and related forms, contact
John A. Trelease at (202) 208–2783 or by sections 515 and 516 of SMCRA. We regulations? (6) What else could we do
e-mail at jtreleas@osmre.gov. anticipate that a finding of no to make the proposed regulations easier
By law, OMB must respond to OSM’s significant impact will be made for the to understand? Send a copy of any
request for approval within 60 days of final regulations in accordance with our comments that concern how we could
publication of these proposed procedures under NEPA. The EA is on make the proposed regulations easier to
regulations, but may respond as soon as file in the OSM Administrative Record understand to: Office of Regulatory
30 days after publication. Therefore, to at the address specified previously (see Affairs, Department of the Interior,
ensure consideration by OMB, you must ADDRESSES). The EA will be completed Room 7229, 1849 C Street, NW.,
send comments regarding these burden and a finding made on the significance Washington, DC 20240. You may also e-
estimates or any other aspect of these of any resulting impacts before we mail the comments to this address:
information collection and publish the final regulations. Exsec@ios.doi.gov.
List of Subjects 786.2 Objectives. burden estimates or any other aspect of

786.3 Definitions. this collection of information, including
30 CFR Part 701 786.10 Information collection. suggestions for reducing the burden, to
Law enforcement, Surface mining, 786.11 General requirements. the Office of Surface Mining
Underground mining. 786.12 Information on environmental
resources.
Reclamation and Enforcement,
30 CFR Part 786 786.13 Information on operation plans. Information Collection Clearance
786.14 Information on reclamation plans. Officer, Room 210–SIB, 1951
Reporting and recordkeeping 786.15 Information on hydrology. Constitution Avenue, NW., Washington,
requirements, Surface mining, 786.16 Information on geology and refuse. DC 20240.
Underground mining. 786.17 Information on roads and support
facilities. § 786.11 General requirements.
30 CFR Part 829
Authority: 30 U.S.C. 1201 et seq. An abandoned coal refuse remining
Reporting and recordkeeping operation, as defined in § 701.5 of this
requirements, Environmental § 786.1 Scope. chapter, includes both reprocessing
protection, Surface mining. This part sets forth requirements for operations and removal operations. If
Dated: May 19, 2006. obtaining a permit for abandoned coal you intend to conduct an abandoned
Julie A. Jacobson, refuse remining operations. Unless coal refuse remining operation, then you
Deputy Assistant Secretary, Land and otherwise specified in this part, the must submit a permit application that
Minerals Management. requirements of this part apply to contains the information required by
removal and reprocessing operations. As subchapter G except that part 786
For the reasons discussed in the
used throughout this part, the pronouns applies in lieu of the information
preamble, the Office of Surface Mining
‘‘we’’, ‘‘our’’, and ‘‘us’’ refer to the required for surface mining activities
proposes to amend 30 CFR Chapter VII
regulatory authority and the pronouns under parts 779 and 780 of this chapter,
as set forth below:
‘‘you’’ and ‘‘your’’ refer to the applicant or the information required for
PART 701—PERMANENT and operator. underground mining activities under
REGULATORY PROGRAM parts 783 and 784 of this chapter. Your
§ 786.2 Objectives. permit application must also
1. The authority citation for part 701 The objective of this part is to ensure demonstrate that the operation will be
continues to read as follows: that you obtain a permit to conduct your conducted in compliance with the
Authority: 30 U.S.C. 1201 et seq. abandoned coal refuse remining performance standards of part 829 of
2. Section 701.5, is amended by operations in accordance with the this chapter. You may not begin a
adding alphabetically the definition of requirements of the Surface Mining remining operation until we have issued
‘‘abandoned coal refuse remining Control and Reclamation Act of 1977, as you a permit.
operations’’ to read as follows: amended by the Energy Policy Act of
1992. § 786.12 Information on environmental
§ 701.5 Definitions. resources.
§ 786.3 Definitions. (a) General and climatological
* * * * *
Abandoned coal refuse remining As used in this part, the term: information. Your permit application
operations means those surface mining Best management practices (BMPs) must include the information required
activities for the on-site reprocessing of means schedules of activities, operating under §§ 779.11, 779.12, and 779.18 of
abandoned coal refuse and for the and maintenance procedures, treatment this chapter.
removal of abandoned coal refuse on requirements, practices or prohibition of (b) Vegetation information
lands that would otherwise be eligible practices that have as their goal requirements. Your permit application
for expenditure under section 404 and preventing or reducing chemical must contain photographs and a written
section 402(g)(4) of the Act. pollution to off-site surface or ground description of the vegetative cover prior
Reprocessing operations include on-site water, and controlling excessive to redisturbance. The photographs and
activities that separate the coal from sediment concentrations to off-site written description must be in sufficient
waste material using specific gravity or surface water. detail to estimate the vegetative ground
floatation methods, as well as activities cover and species diversity on the
§ 786.10 Information collection. abandoned coal refuse site.
that use mechanical means to sort and
The collections of information (c) Soil resources and other
size the refuse material prior to
contained in part 786 have been vegetation-support material information
separation. Removal operations include
approved by the Office of Management requirements. Your permit application
on-site activities that remove refuse
and Budget (OMB) under 44 U.S.C. 3501 must provide information about soil or
from the site as well as those activities
et seq. and assigned clearance number other vegetation-support material for the
that use mechanical means to sort and
1029–XXX1. We will use the permit area, and the adjacent area if
size the refuse material prior to its
information collected to determine if a required, that is sufficient to assure us
removal. The term ‘‘abandoned coal
permit to conduct abandoned coal that suitable soil materials will be
refuse remining operations’’ does not
refuse remining operations should be available to achieve the vegetative cover
encompass the removal of refuse for
issued and to ensure that such and species diversity approved in the
non-fuel uses.
operations are conducted in accordance reclamation plan.
* * * * * with the requirements of Act. A federal (d) Maps: general requirements. Your
3. Add part 786 to read as follows: agency may not conduct or sponsor, and permit application must include the
you are not required to respond to, a information required under § 779.24 of
PART 786—REQUIREMENTS FOR
collection of information unless it this chapter except as follows:
PERMITS FOR ABANDONED COAL
displays a currently valid OMB control (1) If you do not plan to blast, in lieu
REFUSE REMINING OPERATIONS
number. Response is required to obtain of the information required by
Sec. a benefit in accordance with Public Law § 779.24(d) of this chapter, you must
786.1 Scope. 95–87. Send comments regarding provide the location, with identification
of the current use, of all buildings on (iii) Refuse and noncoal waste (e) Air pollution control plan. Your
and within 300 feet of the proposed screening, removal, handling, storage, permit application must contain the
permit; transportation, and disposal areas and information required by § 780.15 of this
(2) If you plan to blast, you must structures; chapter, except that the fugitive dust
provide the location, with identification (iv) Reprocessing equipment and control plan required by § 780.15(b)(2)
of the current use, of all buildings on associated facilities; of this chapter must comply with the
and within 1000 feet of the proposed (v) Removal equipment and requirements of § 829.95 of this chapter,
permit area, provided that this associated facilities; and instead of the requirements of § 816.95
additional map coverage may be (vi) Water and air pollution control of this chapter.
submitted with the anticipated blast facilities. (f) Fish and wildlife information. Your
design required in § 816.61 of this (b) Existing structures. Your permit permit application must contain the
chapter; and application must include the information required by § 780.16 of this
(3) The requirements of § 779.24(f) of information required under § 780.12 of chapter.
this chapter, do not apply. this chapter. The description of existing (g) Protection of public parks and
(e) Cross sections, maps, and plans. structures must indicate whether the historic places. Your application must
Your permit application must include structures are associated with removal contain the information required by
the information required under § 779.25 operations or with reprocessing § 780.31 of this chapter.
of this chapter, except as follows: operations.
(c) Blasting. Your permit application § 786.14 Information on reclamation plans.
(1) For operations on steep slopes,
must include information required (a) General requirements. Your permit
instead of the information required by
under § 780.13 of this chapter if you application must contain a plan for
§ 779.25(a)(3) of this chapter, you must
plan to blast during the abandoned coal reclamation of the lands within the
include typical cross sections showing
refuse remining operation. proposed permit area, showing how you
the projected ground line underlying the (d) Maps and plans. Your permit will comply with section 515 of the Act,
refuse, adjacent ground line, and the application must contain maps and subchapter K of this Chapter, and the
surface of the refuse; plans as follows: environmental protection performance
(2) Instead of the information required (1) Maps and plans that show the standards of the regulatory program.
by § 779.25(a)(4) of this chapter, you lands proposed to be affected The plan must include, at a minimum,
must include cross sections, maps, and throughout the life of the operation and all of the information for the proposed
plans that show the coal crop lines and any change in a facility or feature to be permit area as follows:
the strike and dip of coal seams that caused by the proposed operation, if the (1) A detailed timetable for the
outcrop within the proposed permit facility or feature was identified by the completion of each major step in the
area; and maps and plans required by paragraphs reclamation plan;
(3) The requirements of § 779.25(a)(6) (d) and (e) of § 786.12. (2) A detailed estimate of the cost of
of this chapter do not apply. (2) Maps and plans that delineate reclamation of the proposed operations
§ 786.13 Information on operation plans.
removal areas and reprocessing areas that we require to be covered by a
must include the information required performance bond under subchapter J of
(a) General requirements. Your permit by § 780.14 of this chapter, except as this chapter, with supporting
application must contain a description follows: calculations for the estimate;
of the abandoned coal refuse remining (i) Instead of the information required (3) A plan for grading, soil
operations proposed to be conducted by § 780.14(b)(4) of this chapter, the stabilization, and compacting, with
during the life of the operations within maps and plans must show the areas for contour maps or cross sections that
the proposed permit area. At a storing, sorting, sizing and blending of show anticipated final surface
minimum, you must include the coal refuse; the areas for reprocessing configuration of the proposed permit
following: refuse; any waste redisposal areas area, in accordance with § 829.102 of
(1) A narrative description of the type associated with a refuse removal or on- this chapter;
and method of proposed engineering site reprocessing operation; and the (4) A plan for removal, storage, and
techniques, the anticipated annual and areas for loading the refuse product or redistribution of soil or other vegetation-
total tonnage of refuse removed and/or coal for sale; support material that meets the
reprocessed, and the major equipment (ii) Instead of the information requirements of § 829.22 of this chapter.
to be used for all aspects of those required by § 780.14(b)(5) of this We may require chemical and physical
operations; and chapter, the maps and plans must show analyses, field-site trials, or greenhouse
(2) Separate narratives for removal the storage areas for vegetation-support tests if we determine them necessary or
operations and reprocessing operations. material, rock waste, noncombustible desirable for demonstrating the
Your narratives must identify the noncoal waste, and combustible noncoal suitability of the vegetation-support
facilities associated with those waste; materials;
operations and explain the construction, (iii) Instead of the information (5) A plan for revegetation as required
modification, use, maintenance, and required by § 780.14(b)(11) of this by § 829.111 of this chapter, including
removal of the facilities associated with chapter, the maps and plans must show mulching techniques that you plan to
removal operations and with the location of each sediment pond and use and measures you propose for
reprocessing operations (unless permanent water impoundment, coal determining revegetation success;
retention of such facilities is necessary reprocessing waste bank, coal (6) A description of the measures that
for the postmining land use as specified reprocessing waste dam, or you will use for maximizing the use and
in part 829 of this chapter). The embankment; conservation of solid fuel resources as
facilities include: (3) The preparation and certification required in § 816.59 of this chapter;
(i) Dams, embankments, and other requirements of § 780.14(c) of this (7) A description of measures that you
impoundments; chapter apply to the maps and plans will use for ensuring that all debris,
(ii) Refuse handling, storage, and prepared in accordance with this acid-forming and toxic-forming
transportation areas and structures; paragraph. materials, and materials constituting a
fire hazard are disposed of in permit area to comply with § 816.43 of or even from point-source discharge
accordance with the requirements of this chapter. permits obtained under the National
§§ 829.89 and 829.102 of this chapter, Pollutant Discharge Elimination System
and a description of contingency plans § 786.15 Information on hydrology. (NPDES);
that you will use to preclude sustained (a) Reprocessing operations. Your (iv) A discussion of expected
combustion of such materials; application for a reprocessing operation enhancements of the local hydrologic
(8) A description, including must contain: balance on or off the permit area,
appropriate cross sections and maps, of (1) All of the information required including discussion of the decreased
the measures that you will use to seal under § 780.21(a) through (g) and (i) loads of pollutants achievable through
or manage any mine openings, and to through (j) of this chapter; and improved water quality, decreased flow,
plug, case, or manage exploration holes, (2) A hydrologic reclamation plan or infiltration of water, or some
other bore holes, wells, and other with maps and descriptions, indicating combination thereof. You must support
openings occurring within the proposed how you plan to meet the relevant this discussion with data from
permit area, in accordance with § 829.13 requirements of § 829.41 of this chapter. paragraphs (b)(1)(ii) or (b)(1)(iii) of this
of this chapter, and The plan must be specific to the local section and identification of the Best
(9) A description of steps that you hydrologic conditions and must address Management Practices (BMPs) that you
will take to comply with the applicable any potential adverse impacts to the propose under paragraph (b)(3) of this
requirements of the Clean Air Act (42 hydrologic balance identified in the section.
U.S.C. 7401 et seq.), the Clean Water Act probable hydrologic consequences (v) The supplemental information
(33 U.S.C. 1251 et seq.), and other (PHC) determination required by requirements in § 780.21(b)(3) of this
applicable Federal and State air and § 780.21(f). You must include chapter and the ground- and surface-
water quality laws and regulations and preventive and remedial measures and water monitoring plan requirements of
health and safety standards. the steps you will take during refuse §§ 780.21(i) and (j) of this chapter will
(b) Postmining land use. Your removal and reclamation through bond apply if the PHC identifies adverse
application must contain a narrative release to: impacts to the hydrologic balance on or
description of the existing land uses, (i) Minimize disturbances to the off the permit area. Also, if the PHC
with photographs, and a plan describing hydrologic balance within the permit identifies adverse impacts to legitimate
the proposed use, following and adjacent areas; water uses, the requirements of
reclamation, of the land within the (ii) Prevent material damage outside § 780.21(e) of this chapter pertaining to
proposed permit area. You must also the permit area; alternative water source information
include in your plan a copy of any (iii) Meet applicable Federal and State will apply.
comments regarding the proposed water quality laws and regulations; and (2) We must comply with the
postmining land use made by persons (iv) Protect the rights of present water requirements of § 780.21(g) for a
who hold equitable or legal title to the users; cumulative hydrologic impact
surface of the proposed permit area, or (v) Avoid acid or toxic drainage; assessment.
made by State or local agencies that (vi) Prevent, to the extent possible (3) You must include a hydrologic
would have to initiate, implement, using the best technology currently reclamation plan (HRP) with maps and
approve, or authorize the proposed use available, additional contributions of descriptions and identification of
of the land following reclamation. The suspended solids to stream flow; specific BMPs, including sediment
description of the proposed land use (vii) Provide water-treatment facilities control measures, and any additional
must explain: when needed; information that we may require in
(1) How you will achieve the (viii) Control drainage; and order to ensure compliance with the
proposed postmining land use and the (ix) Protect or replace rights of present requirements of subchapter K, part 829.
necessary support activities that you water users. (4) You must monitor discharges as
will need to achieve this land use; and (b) Removal Operations. (1) Your required by a National Pollutant
(2) The consideration that you have application for a removal operation Discharge Elimination System permit
given to making all of the proposed must meet the following requirements obtained under 40 CFR part 434.
abandoned coal refuse remining for hydrologic information and analysis:
operations consistent with surface (i) A determination of the probable § 786.16 Information on geology and
owner plans and applicable State and hydrologic consequences (PHC), as refuse.
local land use plans and programs. required by § 780.21(f), of expected (a) Your application must include
(c) Ponds, impoundments, banks, enhancements or adverse impacts to the geologic information, if appropriate, and
dams, and embankments. Your hydrologic balance on or off the permit refuse information in sufficient detail to
application must contain the plans area that may result from the coal refuse assist us in determining the probable
required under § 780.25 of this chapter. removal operation and subsequent hydrologic consequences of the
These plans must be consistent with the reclamation; operation upon the quality and quantity
requirements of part 829 of this chapter. (ii) Any data you collect for the PHC of surface and ground water in the
(d) Surface mining near underground determination must comply with the permit and adjacent areas, including the
mining. If your abandoned coal refuse requirements for sampling and analyses extent to which ground- and surface-
remining operation is within 500 feet of of § 780.21(a) of this chapter; water monitoring is necessary; whether
an underground mine, your application (iii) You may prepare a narrative PHC reclamation can be accomplished; and
must describe the measures that you determination based on existing whether the operation has been
will use to comply with § 816.79 of this relevant hydrologic information. For designed to prevent material damage to
chapter. example, you may derive the required the hydrologic balance outside the
(e) Diversions. Your application must baseline descriptions of seasonal flow permit area.
contain descriptions, including maps rates from modeling and other (b) We may require the collection and
and cross sections, of stream channel techniques, as provided by § 780.21(d) analysis of additional refuse or geologic
diversions and other diversions that you of this chapter, from data and findings information if we determine it to be
will construct within the proposed of other mining operations in the area, necessary to protect the hydrologic
balance or to meet the performance preserves and enhances environmental unless it displays a currently valid OMB
standards of this chapter. and other values in accordance with the control number. Response is required to
Surface Mining Control and obtain a benefit in accordance with
§ 786.17 Information on roads and support Reclamation Act of 1977, as amended by Public Law 95–87. Send comments
facilities.
the Energy Policy Act of 1992. regarding burden estimates or any other
(a) Relocation or use of public roads. aspect of this collection of information,
Your application must contain the § 829.3 General requirements. including suggestions for reducing the
information required by § 780.33 of this (a) If you intend to conduct burden, to the Office of Surface Mining
chapter. abandoned coal refuse remining Reclamation and Enforcement,
(b) Road systems. Your application operations, you must obtain a permit in Information Collection Clearance
must contain the information required accordance with part 786 of this chapter Officer, Room 202–SIB, 1951
by § 780.37 of this chapter, and must be and comply with the bond and Constitution Avenue, NW., Washington,
in accordance with § 816.150 of this insurance requirements of subchapter J DC 20240.
chapter. of this chapter.
(c) Support facilities. Your (b) You must conduct your operation § 829.11 Signs and markers.
application must contain the in accordance with the following You must comply with the
information required by § 780.38 of this requirements of part 816 of this chapter: requirements of § 816.11 of this chapter
chapter, and must be in accordance with (1) § 816.43 Diversions. except that, instead of the requirements
§ 816.181 of this chapter. (2) § 816.47 Hydrologic balance: of § 816.22 of this chapter referenced in
4. Part 829 is added to read as follows: Discharge Structures. § 816.11(f), the requirements of § 829.22
(3) § 816.57 Hydrologic Balance: apply.
PART 829—SPECIAL PERMANENT Stream buffer zones.
PROGRAM PERFORMANCE (4) § 816.59 Coal Recovery. § 829.13 Casing and sealing of drill holes,
STANDARDS-ABANDONED COAL (5) § 816.61 Use of explosives: portals or other openings.
REFUSE REMINING OPERATIONS General requirements. You must comply with the
Sec. (6) § 816.62 Use of explosives: Pre- requirements of §§ 817.13, 817.14, and
829.1 Scope. blasting survey. 817.15 of this chapter except that,
829.2 Objectives. (7) § 816.64 Use of explosives: instead of the requirements of § 817.41
829.3 General requirements. Blasting schedule. of this chapter referenced in §§ 817.13
829.10 Information collection. (8) § 816.66 Use of explosives: and 817.15 regarding the use of
829.11 Signs and markers. Blasting signs, warnings, and access monitoring holes or other openings for
829.13 Casing and sealing of drill holes, control. water wells, the requirements of
portals or other openings. (9) § 816.67 Use of Explosives: § 829.41 apply.
829.22 Soils and other vegetation-support
material.
Control of adverse effects.
(10) § 816.68 Use of Explosives: § 829.22 Soils and other vegetation-
829.41 Hydrologic-balance protection. support material.
829.45 Hydrologic-balance protection: Records of blasting operations.
Sediment control measures. (11) § 816.79 Protection of (a) You must select readily available
829.46 Hydrologic-balance protection: underground mining. vegetation-support materials and
Siltation structures. (12) § 816.87 Coal mine waste: demonstrate to us that such material is
829.49 Impoundments. Burning and burned waste utilization. suitable to support the level of
829.81 Redeposition and handling of coal (13) § 816.97 Protection of fish, vegetation required by § 829.111. You
mine waste, and coal refuse piles. wildlife, and related environmental may use material from off site as
829.89 Disposal of noncoal mine wastes. values. vegetation-support material. You must
829.95 Stabilization of surface areas. remove and stockpile material from the
829.99 Slides and other damage.
(14) § 816.131 Cessation of
operations: Temporary. remining site or off site that is to be used
829.100 Contemporaneous reclamation.
829.102 Grading. (15) § 816.132 Cessation of for vegetation support, before any other
829.111 Revegetation, standards for operations: Permanent. surface disturbance. You must distribute
success, and bond liability period. (16) § 816.150 Roads. the vegetation support material as
829.133 Postmining land use. (17) § 816.151 Roads: Primary. approved by us.
Authority: 30 U.S.C. 1201 et seq. (18) § 816.180 Utility installations. (b) You must apply nutrients and soil
(19) § 816.181 Support facilities. amendments to the redistributed
§ 829.1 Scope. (c) In addition, you must conduct material when necessary to establish the
This part sets forth special your operations in accordance with the vegetative cover.
environmental protection performance requirements of this part.
§ 829.41 Hydrologic-balance protection.
standards for abandoned coal refuse
§ 829.10 Information collection. (a) Reprocessing operations. You must
remining operations. Unless otherwise
specified in this part, the requirements The collections of information comply with the hydrologic balance
of this part apply to removal and contained in part 829 have been requirements of §§ 816.41 and 816.42 of
reprocessing operations. As used approved by the Office of Management this chapter for reprocessing operations
throughout this part, the pronouns and Budget under 44 U.S.C. 3501 et seq. except that the requirement in
‘‘we’’, ‘‘our’’, and ‘‘us’’ refer to the and assigned clearance number 1029- § 816.41(b)(2) to restore recharge
regulatory authority and the pronouns XXX2. We will use the information capacity does not apply. Also, instead of
‘‘you’’ and ‘‘your’’ refer to the applicant collected to ensure that permittees the requirements of § 780.21(h) of this
and operator. conducting abandoned coal refuse chapter referenced in § 816.41, the
remining operations will meet requirements in § 786.15(a)(2) of this
§ 829.2 Objectives. appropriate performance standards. A chapter apply.
This part is intended to ensure that federal agency may not conduct or (b) Removal operations. (1) You must
you conduct your abandoned coal refuse sponsor, and you are not required to comply with the hydrologic balance
remining operations in a manner that respond to, a collection of information requirements of §§ 816.41 and 816.42 of
this chapter for removal operations §§ 816.49 and 816.56 of this chapter § 829.89 Disposal of noncoal mine wastes.
except as follows: except that: (a) You must comply with the
(i) Instead of the requirements in (a) Instead of the requirements of requirements of § 816.89(a) and (b) of
sections of 30 CFR part 780 referenced § 780.25 referenced in § 816.49 of this this chapter except that you must cover
in §§ 816.41 and 816.42, the chapter, the requirements of § 786.14(c) and revegetate the site in accordance
requirements of § 786.15(b) of this of this chapter apply. with the requirements of § 829.111
chapter apply; (b) Upon completion of the operation, instead of the requirements of
(ii) The requirement of § 816.41(b)(2) you may only retain permanent §§ 816.111 through 816.116 of this
of this chapter to restore recharge impoundments on reclaimed coal chapter referenced by § 816.89(b).
capacity does not apply; refuse: (b) Instead of the requirements of
(iii) Ground- and surface-water (1) Where the impoundment is not § 816.89(c) of this chapter, you may
monitoring must be conducted in confined by a constructed dam, e.g., is dispose in refuse piles any
accordance with the requirements of a dug-out type impoundment; or noncombustible, noncoal waste
§ 786.15(b) of this chapter; and (2) You have removed the abandoned encountered during refuse remining
(iv) Discharges into an underground and/or any combustion byproducts
coal refuse from within the confines of
mine are prohibited unless we expressly generated from coal burning facilities.
an impounding structure located on
authorize such discharge and you meet (c) You must demonstrate that the
non-steep slope land, and the remaining
the following requirements: disposal will not adversely affect final
(A) The requirements of § 816.41(i) of or reconstructed impounding structure
site reclamation or public health and
this chapter are met; meets the appropriate design,
safety and that it accords with other
(B) The permit application includes construction, inspection, and
applicable provisions of State and
baseline ground-water and geologic certification requirements of § 816.49 of
Federal law.
information in sufficient detail to this chapter.
describe the geologic and hydrologic § 829.95 Stabilization of surface areas.
§ 829.81 Redeposition and handling of
conditions associated with the coal mine waste, and coal refuse piles. (a) You must protect and stabilize all
underground mine works; exposed surface areas to provide equal
You must place coal mine waste from or better erosion control and air
(C) The determination of Probable
an abandoned coal refuse site or pollution control than existed before
Hydrologic Consequences addresses the
generated as a result of a coal refuse disturbing the abandoned coal refuse
impacts that the discharges will have on
remining operation according to the site.
ground- and surface-water users and the
standards of §§ 816.81, 816.83, and (b) In areas where refuse has been
potential for seepage or drainage of
816.84 of this chapter, except: regraded and covered with vegetation-
water from the underground works;
(D) The hydrologic reclamation plan (a) We may alter, on a site-specific support material, if rills and gullies
includes measures to remediate basis, the design certification, form, you must fill, regrade, or
potential impacts to ground- and foundation requirements, and otherwise stabilize with vegetation
surface-water users and potential inspection requirements of §§ 816.81(c), support material, and reseed or replant
impacts from seepage and drainage out 816.81(d), and 816.83(d) of this chapter. the areas, whenever such rills and
of the underground works; and (b) If you take refuse reprocessing gullies either:
(E) The ground- and surface-water waste or waste generated by removal (1) Disrupt the approved postmining
monitoring plans provide for the operations and deposit it adjacent to the land use or the reestablishment of the
monitoring of the ground- and surface- abandoned coal refuse site, you must vegetative cover; or
water systems that could be impacted by meet the standards of §§ 816.81, 816.83, (2) Cause or contribute to a violation
the underground discharges. and 816.84 of this chapter. of water-quality standards for receiving
(2)[Reserved] (c) You may not take coal mine waste streams.
generated by removal operations and
§ 829.45 Hydrologic balance: Sediment deposit it in underground mine works § 829.99 Slides and other damage.
control measures. unless you meet the requirements of You must comply with the
You must comply with the §§ 816.81(f) and 829.41(b)(1)(i) of this requirements of § 816.99(b) of this
requirements of § 816.45 of this chapter chapter. chapter for abandoned coal refuse
except that, instead of the requirements (d) Instead of the cover requirement at remining operations.
to §§ 816.102 and 816.111(b) referenced § 816.83(c)(4) of this chapter, you must § 829.100 Contemporaneous reclamation.
in § 816.45, the requirements in cover or treat refuse piles generated by
§§ 829.102 and 829.111(b) apply. Your reclamation efforts, including
abandoned coal refuse remining but not limited to, grading, soil or
§ 829.46 Hydrologic balance: Siltation operations with sufficient vegetation-support material
structures. noncombustible and nontoxic material replacement, and revegetation, on all
You must comply with the to prevent sustained combustion, as disturbed land that is reaffected by on-
requirements of § 816.46 of this chapter, required under § 829.102(d), and to site abandoned coal refuse remining
except as currently suspended. support revegetation, as required under operations must occur as
However, instead of the requirements of § 829.111. contemporaneously as practicable with
§ 816.42 and the requirements for (e) Instead of the vegetation removal the abandoned coal refuse remining
siltation structures and spill ways and impoundment requirements of operations. Before we approve your
incorporating §§ 816.49, and § 816.83(c)(1) and (c)(3) of this chapter, permit, you must provide a schedule
816.49(a)(9) referenced in § 816.46 of you must comply with the requirements that meets this requirement for
this chapter, the requirements of of §§ 829.22 and 829.49. contemporaneous reclamation in a
§§ 829.41(b) and 829.49 apply. (f) Instead of the topsoil and subsoil manner we determine is acceptable.
storage requirements of § 816.22 of this
§ 829.49 Impoundments. chapter referenced in § 816.83(c) of this § 829.102 Grading.
You must comply with the chapter, you must comply with the (a) You must conduct grading
impoundments requirements of requirements of § 829.22. activities:
(1) According to this section and minimizes erosion and provides a § 829.111 Revegetation, standards for
§ 829.81, and surface for soils and other vegetation- success, and bond liability period.
(2) According to the schedule we support material that will minimize (a) Revegetation timing and mulching
approve in the reclamation plan slippage. must comply with §§ 816.111(b) through
required under § 786.14(a) of this (h) You must eliminate highwalls and (d), 816.113 and 816.114 of this chapter.
chapter. other rock cuts encountered during (b) On regraded areas and on all other
(b) You must grade disturbed areas to: operations to the maximum extent disturbed areas except water areas and
(1) Achieve a postmining slope that technically practical in accordance with surface areas of roads that are approved
does not exceed either the angle of the following criteria: as part of the postmining land use, you
repose or such lesser slope as is must establish a vegetative cover that is
necessary to achieve a minimum long- (1) All spoil, rock waste and refuse
in accordance with the approved permit
term static safety factor of 1.3 or greater, waste generated or encountered by the
and reclamation plan and that is:
and to prevent slides; operation must be used to backfill the
(1) Effective and permanent;
(2) Minimize erosion and water highwalls and rock cuts to the extent
(2) Comprised of species native to the
pollution both on and off the site; and that use of the material satisfies the
area or of introduced species when we
(3) Support the approved postmining stability requirements of paragraph
approve the use of those species as
land use. (b)(1) of this section; and
desirable and necessary to achieve the
(c) You may grade land adjacent to the (2) Any highwall and rock-cut approved postmining land use;
abandoned coal refuse remining remnant must be stable and not pose a (3) Capable of stabilizing the surface
operations to blend with the refuse hazard to the public health and safety or from erosion as required by § 829.95.
extraction area to achieve the to the environment. You must (c) You must establish a vegetative
postmining land use and stability demonstrate to our satisfaction that the ground cover that is no less than the
requirements under paragraph (b)(1) of remnant is stable. ground cover that existed before
this section. If you do so, you must (i) You must comply with these redisturbance, as required by
remove and stockpile the vegetation- standards when conducting abandoned § 816.116(b)(5) of this chapter.
support material from the affected coal refuse remining activities on steep (d) The requirements of § 816.116(c)
adjacent land for use as required by slopes: of this chapter concerning revegetation
§ 829.22. responsibility periods and evaluation of
(d) You must adequately cover or treat (1) You must not place the following
materials on steep slopes below the revegetation success are applicable to
the coal seams and combustible
elevation of the abandoned refuse: abandoned coal refuse remining
materials exposed, used, or produced
operations with the following
during mining with noncombustible and (i) Spoil and rock waste;
modifications:
nontoxic materials to prevent sustained (ii) Waste materials of any type; (1) For operations in areas with an
combustion.
(iii) Debris, including that from average annual precipitation greater
(e) You may use cut-and-fill terraces
clearing and grubbing; and than 26.0 inches, the revegetation
where:
(iv) Abandoned or disabled responsibility period will be two full
(1) Needed to conserve soil moisture,
equipment. years rather than the times specified in
ensure stability, and control erosion on
§ 816.116(c)(2); and
final-graded slopes, if the terraces are (2) You must conduct refuse
(2) For operations in areas with an
compatible with the approved extraction and grading operations on
average annual precipitation of 26.0
postmining land use; or steep slopes in a manner to prevent
(2) Specialized grading, foundation inches or less, the revegetation
instability of the refuse area, and must
conditions, or roads are required for the responsibility period will be five full
comply with the following:
approved postmining land use, in which years rather than the times specified in
(i) You must extract the refuse by § 816.116(c)(2).
case the final grading may include a horizontal lifts starting at the highest
terrace of adequate width to ensure the elevation of the refuse pile; and § 829.133 Postmining land use.
safety, stability, and erosion control You must restore all areas disturbed
necessary to implement the postmining (ii) You must not remove the toe of
the refuse pile until the extraction by by abandoned coal refuse remining
land-use plan. operations to a condition capable of
(f) You may leave small depressions if horizontal lifts has progressed to the
elevation of the toe. supporting the use that the abandoned
they are needed to retain moisture,
coal refuse site was capable of
minimize erosion, create and enhance (3) We may waive, in writing, the
supporting before commencement of
wildlife habitat, or assist revegetation requirements of paragraphs (i)(2)(i) and
abandoned coal refuse remining
and are compatible with the stability of (i)(2)(ii), if the permit demonstrates with
operations, or a higher or better use.
the reclaimed site. stability analyses that the refuse will
(g) You must conduct preparation of retain a static safety factor of 1.3 during [FR Doc. E7–453 Filed 1–16–07; 8:45 am]
final-graded surfaces in a manner that extraction activities. BILLING CODE 4310–05–P

Proposed Rule: Surface Coal Mining and Reclamation Operations: Abandoned Coal Refuse Remining Operations Permit Requirements and Special Permanent Program Performance Standards

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Proposed Rule: Surface Coal Mining and Reclamation Operations: Abandoned Coal Refuse Remining Operations Permit Requirements and Special Permanent Program Performance Standards

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Wednesday,

January 17, 2007

30 CFR Parts 701, 786, and 829

DEPARTMENT OF THE INTERIOR ADDRESSES: You may submit comments, I. Background

Section 516 of SMCRA—Performance

SUMMARY ANNUAL BURDEN TO RESPONDENTS FOR 30 CFR 786

786.12(a) .............................................................................. 16 25 15 5 475

786.12(e) .............................................................................. 16 35 15 20 860

SUMMARY ANNUAL BURDEN TO RESPONDENTS FOR 30 CFR 786—Continued

786.14(a) .............................................................................. 16 60 15 40 1,560

Total .............................................................................. ........................ ........................ ........................ ........................ 10,542

Total Non-Wage Burden Costs:

SUMMARY ANNUAL NON-WAGE COST TO RESPONDENT FOR 30 CFR 786

786.12(a) ................................................................................................................................ 16 50 800

Total ................................................................................................................................ .......................... .......................... 77,560

SUMMARY ANNUAL BURDEN TO RESPONDENTS FOR 30 CFR 829

.3 .......................................................................................... 22 ........................ 22 ........................ 2,200

(iii) ........................................................................................ 0 0 22 20 440

SUMMARY ANNUAL BURDEN TO RESPONDENTS FOR 30 CFR 829—Continued

(xvii) ...................................................................................... 22 15 0 0 330

Total .............................................................................. ........................ ........................ ........................ ........................ 4,372

Total Non-Wage Burden Costs:

SUMMARY OF ANNUAL NON-WAGE COST TO RESPONDENTS FOR 30 CFR 829

.3 .......................................................................................... 22 150 0 0 3,300

Total .............................................................................. ........................ ........................ ........................ ........................ 4,400

List of Subjects 786.2 Objectives. burden estimates or any other aspect of

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