COALEX REPORT 73

	Coalex Report 73

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 INQUIRY REPORT - 73
July 14, 1986

Steven Wood, Assistant Director
Division of Surface Mining
305 West Springdale Avenue
Knoxville,  Tennessee 38917

TOPIC: IMPOUNDMENT BANKS

INQUIRY: Are coal mine operators required to reclaim impoundment banks constructed of or
impounding coal mine waste?

SEARCH RESULTS: A search of COALEX was conducted examining the history of 30 CFR 816.84
which contains the regulations regarding coal mine waste impoundment banks under the
permanent regulatory program; 30 CFR 715.18 which provides the guidelines for coal mine waste
impoundments under the interim regulatory program; and 30 CFR 77.216-4 which contains the
Mine Safety and Health Administration's (MSHA) requirements for abandoning water, sediment or
slurry impoundments and impounding structures.

Subsection (b)(1) of Sec. 816.84*, which deals with the abandonment of coal mine waste 
impoundment banks reads as follows:

"Each impounding structure constructed of coal mine waste or intended to impound coal mine
waste shall be designed, constructed and maintained in accordance with Sec. 816.49 (a) and
(c).** Such structures may not be retained permanently as part of the approved postmining land
use."

* Sec. 817 which provides the permanent program performance standards or underground
mining activities contains identical provisions in regards to coal mine waste impoundment
structures as those found in Sec. 816.84.

**Sec. 816.49(a) contains general requirements applicable to temporary and permanent
impoundments.

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

HISTORY

   Sec. 816.84 began as three separate sections (30 CFR 816.91, 816.92 and 816.93) in the
original permanent regulatory program. (44 FR 15409,15410 (MARCH 13, 1979))  These sections
dealt with coal processing waste dam and embankment general requirements, site preparation
requirements, and design and construction requirements. respectively.  None of these sections
contained requirements for the reclamation of coal mine waste impoundments.

   On June 18, 1982, in a proposed change of the permanent program,  OSM proposed 2 options
as possible substitutes for the existing sections on coal mine waste embankments.

   Option 1 proposed to combine the three sections into one section and make certain changes in
the general, site preparation, and design and construction requirements of Sec. 816.91-93
(816.86) (47 FR 26604 (JUNE 18, 1982))

   Option 2 proposed combining the general, and the design and construction requirements with
the same proposed changes to those sections as provided under Option 1.  Option 2, however,
would have deleted the section dealing with site preparation (816.92).

   Neither proposed Option 1 nor Option 2 contained language expressly requiring the reclamation
of coal mine waste impoundment structures.

   The final rule, adopted as 816.84 (rather than 816.86) on September 26, 1983, contained
elements of both options.  The changes in general, construction, and design requirements
proposed in Option 1 were adopted, and the site preparation requirements, which under Option 2
were to be eliminated, were adopted under a different section, amended Sec. 816.49(a) which
contains site preparation requirements for all impoundments.  Final rule 816.84 contains a
reference to these site preparation requirements in subsection (b).

   The final rule also contained the first express statement that coal mine waste impounding
structures could not be maintained as part of the approved postmining land use. (48 FR 44024
(September 26, 1983))


INITIAL PROGRAM REGULATIONS

   Sec. 715.18 contains the requirements for "Dams constructed of or impounding waste material"
for mines operating under the initial program regulations, enacted December 13, 1977 (42 FR
62677).  Subsection (b)(8) of Sec. 715.18, which deals with reclamation of coal mine waste
impoundment structures, reads as follows:

"All dams shall be removed and the disturbed areas regraded, revegetated, and stabilized before
the release of bond unless the regulatory authority approves retention of such dams as being
compatible with an approved postmining land use." (Sec. 715.13)***

*** Sec. 715.13 states that "[a]ll disturbed areas shall be restored in a timely manner (1) to
conditions that are capable of supporting the uses which they were capable of supporting before
any mining, or (2) to higher or better uses achievable under criteria and procedures of ... this
section." (30 CFR 715.13)


MSHA REQUIREMENTS

   Operations which make use of coal mine waste impoundment structures must also comply with
MSHA regulations.  30 CFR 77.216-5 contains MSHA's guidelines for the abandonment of "Water,
sediment, or slurry impoundments and impounding structures."  Sec. 77.216-5 reads as follows:

"Prior to abandonment of any water, sediment, or slurry impoundments and impounding
structures which meet the requirements of Sec. 77.216(a), the person owning, operating, or
controlling such an impoundment and impounding structure shall submit to and obtain approval of
the District Manager a plan for abandonment based on current, prudent engineering practices
which shall contain provisions to preclude the probability of future impoundment of water,
sediment, or slurry, provide for major slope stability and include a schedule for the plan's
implementation."


ATTACHMENTS
A    44 FR 15409-10.
B    47 FR 26603-04.
C    48 FR 44023-25.
D    30 CFR 715.18.
E    30 CFR 77.216.


Search conducted by: Todd Leatherman

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