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OSM Seal Coalex Report 256
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This is the Office of Surface Mining's library of COALEX Research Reports. COALEX is a database of mining and reclamation information, including the Surface Mining Law and regulations, maintained in LEXIS-NEXIS -- a commercial, on-line research service. These reports have been compiled under a cooperative agreement between the Office of Surface Mining and the Interstate Mining Compact Commission, which represents most U.S. coal producing states. The following report includes an analysis of a specific issue requested by a state regulatory authority with responsibility for carrying out the Surface Mining Law. Copies of the research reports and attachments are available to the public, upon request. For additional information, or to obtain copies of the listed attachments, contact Ron Tarquinio by phone at (202) 208-2882 or by e-mail at rtarquin@osmre.gov. 
                   
COALEX State Comparison Report - 256
June, 1993
        
        Bill Bledsoe
Department of Mines, Minerals and Energy
Division of Mined Land Reclamation
P.O. Drawer 900
Big Stone Gap, Virginia 24219

TOPIC: APPLICATION OF COAL MINE WASTE REGULATIONS IN BACKFILL OPERATIONS.

INQUIRY: Different interpretations have been made with regard to the applicability of 816/817.81 and
816/817.83 to coal mine waste used in certain backfill operations as opposed to disposal in a refuse
pile (Section 816/817.83). Is there consistency among the IMCC member states in interpretation and
application of the regulations? Has the issue been administratively or judiciously resolved in any
member state?

30 CFR Section 816/817.81 provide Coal Mine Waste: General Requirements. 30 CFR Section
816/817.83 provide Coal Mine Waste: Refuse Piles requirements.

30 CFR Sections 816/817.104 (thin overburden) and 816/817.106 (previous mined lands) require that
suitable coal mine waste generated by the operation be used in the backfilling, if necessary, to achieve
highwall elimination/AOC. Section 816.102 provides "disposal of coal processing waste and
underground development waste in the mined-out area shall be in accordance with Section 816/817.81
and 816/817.83 except that a long-term static safety factor of 1.3 shall be achieved." [816.102(e)]

SURVEY RESULTS: Ten IMCC states, including Virginia, responded to the questionnaire. Generally, the
states responding interpret the regulations in a manner similar to Virginia's interpretations; in
particular, 816/817.102(e) is read to mean that the general requirements of 816/817.81 are always
applied to the use of coal mine waste and the specific requirements of 816/817.83 are applied only
when a true refuse pile is involved. Table of responses to each question and background materials are
attached.

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

QUESTIONNAIRE RESULTS

[NOTE: Results are translated from table to text format.]

1. When REQUIRING the use of coal mine waste in the backfilling of a highwall pursuant to
816/817.104 or 816/817.106, do you apply the following standards?

STATE: 816/817.102, 816/817.81 or 816/817.83 

ARK       Yes: 816/817.102, 816/817.81 and 816/817.83            

IND       Not required  

KY        Yes: 816/817.102 and 816/817.81 
          No: 816/817.83

MD        Not required 

MO        Yes: 816/817.102
          No: 816/817.81 or 816/817.83
  
OH*       Yes: 816/817.102 and 816/817.81 
          No: 816/817.83

*Ohio does not REQUIRE disposal of coal mine wastes in the backfilling of highwalls. However, if
it was so required, 816/817.102, 816/817.81 and 816/817.41(f) would be applied.

OK        Yes: 816/817.102 and 816/817.81 
          No: 816/817.83

PA        Not required 

VA        Yes: 816/817.102 and 816/817.81 
          No: 816/817.83

WV**      Yes: 816/817.102 and 816/817.81 
          No: 816/817.83

**West Virginia does not REQUIRE use of coal mine waste in the backfilling of a highwall. When
it ALLOWS such use, these are the regulations that are followed: basically follows 816/817.81 and
uses parts of 816/817.83, depending on the site, site conditions, etc. NOTE: If refuse alone is
used as fill, or disposed of separate from spoil, the answers and asterisked footnotes apply. If
refuse is mixed with spoil, see question 5 answer below.


2. Do you permit the DISPOSAL of coal mine waste in the backfilling of any other highwalls other
than those associated with previously mined land (816/817.106) or thin overburden
(816/817.104)?

STATE
ARK  Yes
IND  Yes
KY   Yes
MD   Yes
MO   Yes
OH   Yes
OK   Yes
PA*  
VA   Yes
WV   Yes

*Pennsylvania limits the amount of coal refuse that can be disposed of in an active surface mine.
These operations are treated more like surface mines than coal refuse disposal areas. While
many of the requirements of 817.102, 816.81 and 816.83 are directly or indirectly addressed,
some are not covered when activities are treated as surface mines; e.g., design of fills to attain
specified static safety factors, diversion of springs and seeps, assessment of mass stability,
foundation investigations, design of diversions to handle 100-year precipitation events, and
specified inspections by registered professional engineers. [See attached regulations.]


3. If the response to (2) is yes, do you apply the standard of: 

STATE:  816/817.102, 816/817.81 or 816/817.83 

ARK       Yes: 816/817.102, 816/817.81 or 816/817.83

IND       Yes: 816/817.102, 816/817.81 or 816/817.83

KY        Yes: 816/817.102 and 816/817.81 
          No: 816/817.83

MD        Yes: 816/817.102 and 816/817.81 
          No: 816/817.83

MO*       Yes: 816/817.102
          No: 816/817.81 or 816/817.83

*Missouri would apply these only if disposal area is not in the mine workings or excavation.

OH**      Yes: 816/817.102 and 816/817.81 
          No: 816/817.83

**Ohio would also apply 816/817.41(f).

OK        Yes: 816/817.102 and 816/817.81 
          No: 816/817.83

PA***

***Pennsylvania: Most refuse disposal operations in active surface mines involve disposing of
coal refuse as compacted pods within the backfilled soil.

VA        Yes: 816/817.102 and 816/817.81 
          No: 816/817.83

WV****    Yes: 816/817.102 and 816/817.81 
          No: 816/817.83

****West Virginia basically follows 816/817.81 and uses parts of 816/817.83, depending on the
site, site conditions, etc.


4. When allowing the disposal of coal mine waste on the mined-out area other than the
backfilling of highwalls pursuant to 816/817.102(e), do you apply the following standards?

STATE: 816/817.102, 816/817.81 or 816/817.83 


ARK  Yes: 816/817.102, 816/817.81 and 816/817.83

IND  Yes: 816/817.102, 816/817.81 and 816/817.83

KY   No: 816/817.102
     Yes: 816/817.81 and 816/817.83

MD   No: 816/817.102
     Yes: 816/817.81 and 816/817.83

MO   Yes: 816/817.102

OH*  Yes:  816/817.102 and 816/817.81 
     No: 816/817.83

*Ohio would also apply 816/817.41(f).

OK   Yes: 816/817.102, 816/817.81 and 816/817.83

PA** Yes: 816/817.102, 816/817.81 and 816/817.83

**Pennsylvania requires an operator who proposes to backfill an abandoned surface mine with
coal refuse to obtain a full-fledged coal refuse disposal permit.

VA   Yes: 816/817.102, 816/817.81 and 816/817.83

WV*** Yes:  816/817.102 and 816/817.81 
     No: 816/817.83

***West Virginia basically follows 816/817.81 and uses parts of 816/817.83, depending on the
site, site conditions, etc.


5. When coal mine waste is mixed with spoil in the backfilling of a highwall pursuant to
816/817.104 or 816/817.106, do you apply the following standards?

STATE:  816/817.102, 816/817.81 or 816/817.83 

ARK  Yes: 816/817.102, 816/817.81 and 816/817.83

IND  Yes: 816/817.102, 816/817.81 and 816/817.83

KY   Yes: 816/817.10 and 816/817.81 
     No: 816/817.83

MD*  Yes: 816/817.10 and 816/817.81 
     No: 816/817.83

*Maryland does not have any instances of using mine waste to reclaim highwalls. However,
counterparts to .102 and .81 would probably be used.

MO   Yes: 816/817.10
     No: 816/817.81 and 816/817.83

OH** Yes: 816/817.10 and 816/817.81 
     No: 816/817.83

**Ohio would also apply 816/817.41(f).

OK   Yes: 816/817.10 and 816/817.81 
     No: 816/817.83

PA***

***Pennsylvania: See the answer to (3) above.

VA   Yes: 816/817.10 and 816/817.81 
     No: 816/817.83

WV**** Yes: 816/817.10
     No: 816/817.81 and 816/817.83

****West Virginia: When coal mine waste is mixed with spoil, it is treated as any other type of
material.


6. If your response to either 1(c), 3(c) of 5(c) is yes [you apply 816/817.83], do you waive certain
provisions of 816/817.83 which are shown to be impractical/environmentally unwise (such as
816/817.83(a)(2) - a 100-year, 6-hour diversion channel above a highwall in steep slope areas)?

STATE
ARK  Yes
IND  Yes
KY   Yes
MD   N/A
MO   N/A
OH   N/A
OK   N/A
PA   ---  
VA   N/A
WV   *

*WV: The determination as to which regulations are applied depends on the site specific
conditions.


7.   Have there been any administrative or judicial decisions in your state regarding this issue?

STATE
ARK  No
IND  No
KY   No
MD   No
MO   No
OH   No
OK   No
PA   No
VA   No
WV*  No*

*OSM has not issued West Virginia any TDNs on disposal of refuse in backfills (or related issues,
such as diversions around such fills).



ATTACHMENTS
A.   30 CFR Sections 817.81, 817.83, 817.102, 817.106 an 816.104.
B.   PENNSYLVANIA: Chapter 25, Section 90.128 Coal refuse disposal: active surface mines
     (1991).
C.   VIRGINIA Department of Mines, Minerals and Energy response to OSM's ten-day notice
     dated March 23, 1993 and additional correspondence with OSM dated April 16, 1993.
D.   Excerpts from the FEDERAL REGISTER:
     1.   55 FR 14319 (APRIL 17, 1990). Notice of inquiry. Parts 780, 785 and 816
          [Backfilling and grading].
     2.   53 FR 43970 (OCTOBER 31, 1988). Proposed rule. Parts 761, 785, 816 and 817
          [Coal mine waste and disposal of excess spoil].
     3.   53 FR 21764 (JUNE 9, 1988). Notice of reinstatement of suspended rules. Parts
          701, 800, 816 and 817 [Coal mine waste: Refuse piles].
     4.   48 FR 32910 (JULY 19, 1983). Final rule. [Definition of underground development
          waste].
     5.   47 FR 26598 (JUNE 18, 1982). Proposed rule. [Coal mine waste.]
     6.   44 FR 14902 (MARCH 13, 1979). Final rule. [Preambles to 784.19, 816/817.71-861/817.74.]
E.   Complete FEDERAL REGISTER preambles:
     1.   56 FR 65612 (DECEMBER 17, 1991). Final rule. Parts 761, 780, 784, 785, 816 and
          817 [Disposal of coal mine waste].
     2.   48 FR 44006 (SEPTEMBER 26, 1983). Final rule. Parts 701, 816 and 817 [Coal mine
          waste].
     3.   48 FR 41720 (SEPTEMBER 16, 1983). Final rule. Parts 701, 816 and 817 [Remining
          - highwalls].
     4.   48 FR 23356 (MAY 24, 1983). Final rule. Parts 816, 817 and 826 [Backfilling and
          grading].


Survey conducted by: IMCC
Additional research conducted by: Joyce Zweben Scall

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