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On September 26, 1983 the Office of Surface Mining Reclamation and Enforcement (OSM), in the U.S. Department of the Interior, issued in the FEDERAL REGISTER: 48 FR 44006, DEPARTMENT OF THE INTERIOR in 30 CFR Parts 701, 816 and 817 -- "Surface Coal Mining and Reclamation Operations; Permanent Regulatory Program; Coal Mine Waste. ACTION: Final Rule. Section 816.84(b). "This provision also explicitly recognizes that impounding structures constructed of or impounding coal mine waste may not be retained permanently as part of the approved post mining land use. RULE: Sec. 817.84 COAL MINE WASTE: IMPOUNDING STRUCTURES (b)(1) 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. 817.49(a) and (c). Such structures may not be retained permanently as part of the approved post mining land use.
***** In 1992, The Office of Surface Mining Reclamation and Enforcement was requested to review the above rule concerning impounding coal waste structures.
FEDERAL REGISTER: 57FR 8102 (March 6, 1992) DEPARTMENT OF THE INTERIOR AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM) 30 CFR Parts 701, 780, 816 and 817 Surface Coal Mining and Reclamation Operations; Permanent Regulatory Program; Performance Standards; Availability of Decision; Permanent and Temporary Impoundments; Denial of Petition. ACTION: Notice of decision on petition for rulemaking SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) of the United States Department of the Interior (DOI) is making available to the public its final decision on a petition for rulemaking from Stuart A Sanderson, Senior Counsel, and Harold P. Quinn, Jr., Vice President and Counsel, representing the NCA/AMC (National Coal Association/American Mining Council) Committee on Surface Mining Regulations, Coal Building, 1130 17th Street NW, Washington, DC. The petition suggests that OSM amend its rules to incorporate the statutory distinction between temporary and permanent impoundments as it pertains to the incorporation of standards issued under Public Law 83-566 (16 U.S.C. 1006) including Technical Release Number 60 TR (TR) published by the Soil Conservation Service (SCS) Dates: On March 2, 1992, the director denied the petition. In other words, the coal industry did not like the ruling and tried unsuccessfully to get it changed!!! |