OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by:Joyce Zweben Scall Page 1 of 6

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 minedout 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)]

SEARCH 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.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

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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?

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)?

3. If the response to (2) is yes, do you apply the standard of: 816/817.102, 816/817.81 or

QUESTIONNAIRE RESULTS

STATE SECTIONS

816.102/817.102

SECTIONS

816.81/817.81

SECTIONS

816.83/817.83

ARKANSAS Yes Yes Yes

INDIANA Not Required Not Required Not Required

KENTUCKY Yes Yes No

MARYLAND Not Required Not Required Not Required

MISSOURI Yes No No

OHIO* Yes Yes No

OKLAHOMA Yes Yes No

PENNSYLVANIA Not Required Not Required Not Required

VIRGINIA Yes Yes No

West Virginia** Yes Yes No

*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.

**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.

816/817.83?

STATE 2.

YES/NO

3. SECTIONS

816.102/817.102

3. SECTIONS

816.81/817.81

3. SECTIONS

816.83/817.83

ARKANSAS Yes Yes Yes Yes

INDIANA Yes Yes Yes Yes

KENTUCKY Yes Yes Yes No

MARYLAND Yes Yes Yes No

MISSOURI Yes Yes* No No

OHIO Yes Yes** Yes No
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

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OKLAHOMA Yes Yes Yes No

PENNSYLVANIA ***See

Note

Below

 See Note

Below

** **See Note

Below

 See Note

Below

VIRGINIA Yes Yes Yes No

West Virginia Yes Yes** *** Yes No

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

excavation.

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

***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.]

 Pennsylvania: Most refuse disposal operations in active surface mines involve

disposing of coal refuse as compacted pods within the backfilled soil.

** ***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 SECTIONS

816.102/817.102

SECTIONS

816.81/817.81

SECTIONS 816.83/817.83

ARKANSAS Yes Yes Yes

INDIANA Yes Yes Yes

KENTUCKY No Yes Yes

MARYLAND No Yes Yes

MISSOURI Yes N/A N/A

OHIO* Yes Yes No

OKLAHOMA Yes Yes Yes

PENNSYLVANIA** Yes Yes Yes

VIRGINIA Yes Yes Yes

West Virginia*** Yes Yes No
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

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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)?

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

issue?

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

**Pennsylvania requires an operator who proposes to backfill an abandoned surface

mine with coal refuse to obtain a full-fledged coal refuse disposal permit.

***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 SECTIONS

816.102/817.102

SECTIONS

816.81/817.81

SECTIONS

816.83/817.83

ARKANSAS Yes Yes Yes

INDIANA Yes Yes Yes

KENTUCKY Yes Yes No

MARYLAND* Yes Yes No

MISSOURI Yes No No

OHIO** Yes Yes No

OKLAHOMA Yes Yes No

PENNSYLVANIA ***See Note Below ***See Note Below ***See Note Below

VIRGINIA Yes Yes No

West Virginia**** Yes No No

*Maryland does not have any instances of using mine waste to reclaim highwalls.

However, counterparts to .102 and .81 would probably be used.

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

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

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

type of material.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

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STATE 6. Yes/No 7. Yes/No

ARKANSAS Yes No

INDIANA Yes No

KENTUCKY Yes No

MARYLAND N/A No

MISSOURI N/A No

OHIO N/A No

OKLAHOMA N/A No

PENNSYLVANIA --- No

VIRGINIA N/A No

West Virginia *See Note Below No**

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

conditions.

**WV: 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 tenday 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].
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

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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].