A TECHNICAL REVIEW OF THE NAS FINAL REPORT ON CCB PLACEMENT AT COAL MINES

KIMERY C VORIESOFFICE OF SURFACE MINING

PERSPECTIVE ON THE SCIENTIFIC APPROACH

OSM 11 YEARS OF TECHNOLOGY DEVELOPMENT AND TRANSFER BASED ON MAXIMIZING CCB EXPERTISE AND EXPERIENCE

NAS 1 YEAR OF INVESTIGATION BASED ON MAXIMIZING LACK OF BIAS BY EXCLUDING CCB EXPERTISE AND EXPERIENCE

IMPORTANT NAS FINDINGS THAT ARE TECHNICALLY

WELL SUPPORTED BY LITERATURE

CCB PLACEMENT AT ACTIVE COAL MINES IN SUPPORT OF RECLAMATION COULD BE AN APPROPRIATE OPTION FOR USE/DISPOSAL

THE SCOPE OF SMCRA IS BROAD ENOUGH TO COVER CCB PLACEMENT IN SUPPORT OF RECLAMATION

IMPORTANT NAS FINDINGS THAT ARE TECHNICALLY

WELL SUPPORTED BY LITERATURE

SMCRA SHOULD BE AMENDED TO SPELL OUT SPECIFICALLY WHERE AND HOW THE EXISTING RULES APPLY TO CCB PLACEMENT ON ACTIVE COAL MINES

OSM NEEDS TO SPECIFICALLY ADDRESS CCB PLACEMENT AT FEDERALLY FUNDED AML PROJECTS TO ADEQUATELY PROTECT THE PUBLIC AND ENVIRONMENT

IMPORTANT NAS FINDINGS THAT ARE TECHNICALLY

WELL SUPPORTED BY LITERATURE

OSM AND EPA NEED TO WORK TOGETHER ON FEDERAL RULEMAKING RELATED TO CCB PLACEMENT AT SMCRA MINES AND FEDERALLY FUNDED AML PROJECTS

IMPORTANT NAS RESEARCH

RECOMMENDATIONS

Investigate environmental behavior of CCBs placed at coal mines for protracted time scales over: a range of climates, hydrogeologic settings, CCR types, and mining and reclamation techniques.

IMPORTANT NAS RESEARCH

RECOMMENDATIONS

Investigate fate and transport of contaminants from CCBs placed at coal mines and the potential for exposure by humans and biological communities for protracted time scales.

IMPORTANT NAS RESEARCH

RECOMMENDATIONS

Investigate the improvement and field validation of leaching tests to better predict the mobilization of constituents from CCBs in the mine settings for comparison with post reclamation water monitoring results.

NAS REPORT LIMITATIONS DOES NOT ADDRESS DATA APPLICABILITY

RELATED TO THE WIDE RANGE OF REGULATORY PROGRAMS

SMCRA TITLE V ACTIVE COAL MINES SMCRA TITLE IV AML PROJECTS COAL MINE PITS REGULATED UNDER RCRA SOLID

WASTE PLACEMENT REGULATED UNDER STATE MINING

PROGRAM UTILITY DISPOSAL IN IMPOUNDMENTS AND

LANDFILLS UNREGULATED DISPOSAL AREAS NOT RELATED TO

COAL MINING

ACTIVE COAL MINEAPPLICATIONS UNDER TITLE V

SMCRA

ALKALINE SEAL TO PREVENT ACID MINE DRAINAGE

CONSTRUCTION MATERIAL AS COMPACT DURABLE BASE

Mine Road Building (Before Ash)

Mine Road Building (During)Mine Road Building (During)

Mine Road Building (After Ash)Mine Road Building (After Ash)

NON-TOXIC FILL TO REDUCE RECLAMATION COST

Mine Fill with Ash

ABANDONED MINE LANDAPPLICATIONS EITHER

SMCRA FUNDED OR STATE FUNDED

ALKALINE FILL FOR ACID AML PIT

SOIL SUBSTITUTE FOR AML RECLAMATION

ASH GROUTING FOR AMD ABATEMENT OR SUBSIDENCE

CONTROL

STATE FUNDED AML PROJECTS

Waste Coal Converted to Power

AML Reclamation with FBC Ash

AML Ash and Harbor Dredge Fill (Before)

AML Ash & Harbor Dredge Fill (After Reclamation)

STATE RCRA PROGRAMS

NORTH DAKOTA RELEASES FINAL PITS FROM SMCRA MINES UNDER AN INDUSTRIAL LAND USE WHERE IT IS RELEASED AS A SOLID WASTE LANDFILL REGULATED BY THE STATE SOLID WASTE PROGRAM FOR DISPOSAL OF CCBs.

NAS REPORT LIMITATIONS

RELIANCE ON NON REPRESENTATIVE EPA DAMAGE CASE DATA WITH NO DEMONSTRATION OF APPLICABILITY TO SMCRA REGULATED MINES

NO ADEQUATE ANALYSIS OF VOLUMES OF EXISTING STATE WATER QUALITY MONITORING DATA SHOWING NO DAMAGE ON SMCRA MINES

NAS REPORT LIMITATIONS

NO ADEQUATE ANALYSIS OF VOLUMES OF SCIENTIFIC STUDIES SHOWING NO DEGRATION OF WATER QUALITY ON SMCRA MINES

NAS REPORT LIMITATIONS LACK OF ACKNOWLEDGEMENT OF DECADES OF

SCIENTIFIC STUDIES RELATED TO COAL MINING BY: U.S. Department of Energy’s (DOE) Combustion By-Products

Recycling Consortium DOE researchers at the National Energy Technology

Laboratory Energy and Environment Research Center at the University

of North Dakota Center of Applied Energy Research at University of Kentucky University of Ohio Southern Illinois University at Carbondale Penn State University West Virginia University and CCB scientists and mining experts who wrote134 articles

published in 6 technical interactive forum proceedings by the Office of Surface Mining over the period 1996 to 2005

CURRENT FEDERAL RULEMAKING INITIATIVES

LATE 2006 EPA WILL PUBLISH A NOTICE OF DATA AVAILABILITY CONCERNING RULEMAKING FOR SURFACE IMPOUNDMENTS AND LANDFILLS. A VOLUNTARY ACTION PLAN SUBMITTED BY THE UTILITIES WILL BE INCLUDED.

CURRENT FEDERAL RULEMAKING INITIATIVES

LATE 2006 OSM WILL PUBLISH A NOTICE OF PROPOSED RULEMAKING TO WRITE CCB SPECIFIC RULES FOR SMCRA REQUESTING PUBLIC COMMENT.

CURRENT FEDERAL RULEMAKING INITIATIVES

SPRING 2007 OSM WILL PUBLISH A PROPOSED RULE FOR SMCRA TITLE IV AND V UNDER EXISTING AUTHORITY

SPRING 2008 OSM WILL PUBLISH A FINAL RULE FOR SMCRA TITLE IV AND V UNDER EXISTING AUTHORITY