Coal Waste Impoundments Risks, Responses, and Alternatives (2002) / Chapter Skim
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2 Current Regulatory Framework
2 Current Regulatory Framework
Pages 35-50
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From page 35... ...
Because state program organization varies from state to state, and because some states opt not to obtain primacy, this chapter focuses on federal statutory provisions and MSHA and OSM regulations that directly relate to the design, construction, operation, and closure of refuse impoundments, as well as alternative refuse disposal techniques. Other federal statutes that may relate to refuse impoundments and refuse disposal, including the Clean Air Act (1970)
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From page 36... ...
Such plans must include information on the physical and engineering properties of foundation materials and of embankment construction materials. They must include a stability analysis of the impounding structure and identify the location of surface and underground mine workings near the facility.
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From page 37... ...
When a design for a new coal refuse impoundment, or a modification to an existing impoundment, is submitted to the district office, the district manager determines whether to approve the submission, ask for more information, or ask for assistance from the technical team. In most instances, the district manager asks the technical team for assistance.
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From page 38... ...
s ~ / ~ ~ f ~~1~; -~si~ tft {' ~ i s ~~ I,, ~ \ i 1 .9 s L \. ~ I ~ District offices COAL WASTEIMPOUNDMENTS i : j~ ~ 1~ ~~\ ~ i_~f' 1 = Wilkes-Barre, PA 7 = Barbourville, KY 2 = Hunker, PA 8 = Vincennes, IN 3 = Morgantown, WV 9 = Denver, CO 4 = Mount Hope, WV 10 = Madisonville, KY 5 = Norton, VA 11 = Birmingham, AL 6 = Pikeville, KY FIGURE 2.1 Coal Mine Safety and Health Administration district offices.
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From page 39... ...
The MSHA regulations require impoundment operators to develop specific plans and procedures for dealing with hazardous or emergency situations, which includes notifying the district manager. If a hazardous condition is detected, the monitoring interval is reduced to at least once each eight hours until the hazard abates.
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From page 40... ...
The Federal Mine Safety and Health Act requires MSHA to inspect each impoundment at least twice each year. (If the impoundment is associated with an underground mine it must be inspected four times a year.)
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From page 41... ...
This legislative and regulatory direction complements the intent of the Federal Mine Safety and Health Act, which provides for the health and safety of miners, by adding the SMCRA directive to protect the public arid to limit environmental effects. The program authority has been delegated to the states to perform the administrative and enforcement functions, but OSM retains oversight of program adequacy and administers the program in states without primacy.
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From page 42... ...
We regulator authority may authorize such ac~vides only upon funding thy: (1) Surface mining ac~vides wiN not cause or contribute to the violation of Speckle State or Federal aver quality wades, Id -11 not Aversely Pact He Aver quaky Ad quality or other environmental resources of the steam.
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From page 43... ...
) require that all applications for coal mine waste disposal facilities, including all coal waste impoundments, have a foundation investigation to determine design requirements for foundation stability.
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From page 44... ...
§ 816.49~11~) require that a qualified, registered professional engineer, experienced in the construction of impoundments, inspect each coal waste impoundment regularly during construction, upon completion of construction, and at least annually thereafter until the impoundment is removed or until the site receives final bond release.
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From page 45... ...
CURRENT REG ULA TOR Y FRAME WORK TABLE 2.1 Impoundment Monitoring Requirements by Selected States 45 State Water Inspection Professional Plan for Emergency Monitonng Frequency Engineer Instrumentation Waming Certification Plans Alabama Yes Two per Each Yes No a month construction phase Illinois Yes Quarterly for At completion Yes Yes non-MSHA or quarterly structures Indiana Yes Quarterly Within 30 Yes Yes days of completion Kentucky Yes As per MSHA Quarterly, Yes No a annually, at cnbcal phase Maryland Yes Quarterly, Annually and Yes No annually, and at critical per MSHA phase Ohio Yes Monthly Quarterly Yes Yes Pennsylvania Yes Weekly Cntcal Yes Yes phases and completion Tennessee b Yes Monthly or Quarterly Yes No a quarterly and annually Virginina Yes Quarterly, Quarterly, No No a critical phase cnbcal and annually phase, and annually West Virginia Yes Daily during Quarterly Yes Yes construction a While these states have no specific requirements, there is an MSHA requirement to create a plan. b Tennessee does not have primacy.
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From page 46... ...
OTHER FEDERAL LAWS AND STATE DELEGATE PROGRAMS RELEVANT TO REFUSE DISPOSAL PRACTICES Many federal and state laws may be applicable to coal mining activities and the operation of coal refuse disposal facilities. Significant federal laws relating to coal mining include the Clean Air Act (42 U.S.C.
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From page 47... ...
Part 434. The Clean Water Act, § 402, also obliges the EPA and its state delegate programs to protect the quality of surface water from sediment and other contaminants Dom nonpoint sources associated with surface runoff (40 C.F.R.
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From page 48... ...
The Nationwide Permit contains a general provision for protecting the remaining segments of the stream. Safe Drinking Water Act The Safe Drinking Water Act establishes the Underground Injection Control program to protect underground sources of drinking water from effects associated with the injection of waste into the subsurface (42 U.S.C.
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From page 49... ...
The Federal Mine Safety and Health Act establishes mandatory standards to protect the health and safety of miners. This limitation is important in assessing MSHA's regulatory responsibility and authority associated with potential impoundment breakthroughs and failures that do not affect the health and safety of miners but may affect persons, communities, or ecosystems downstream.
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From page 50... ...
A well-coordinated technical review process can ensure that the health and safety of both the miners and the public, and the protection of the environment are ensured in a sensible and streamlined way. Therefore, the committee recommends that the review process for both new permits and revisions to existing permits be overhauled to include the following elements: A formal joint process that would coordinate the currently fragmented and inefficient collection of reviews into a single process.
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