The Technical Review of NAS Final Report on CCB Placement at Coal Mines

1. A TECHNICAL REVIEW OF THE NAS FINAL REPORT ON CCB PLACEMENT AT COAL MINES KIMERY C VORIES OFFICE OF SURFACE MINING

2. 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

3. 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

4. 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

5. 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

6. 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.

7. 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.

8. 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.

9. 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

10. ACTIVE COAL MINE APPLICATIONS UNDER TITLE V SMCRA

11. ALKALINE SEAL TO PREVENT ACID MINE DRAINAGE

12. CONSTRUCTION MATERIAL AS COMPACT DURABLE BASE

13. Mine Road Building (Before Ash)

14. Mine Road Building (During) Mine Road Building (During)

15. Mine Road Building (After Ash) Mine Road Building (After Ash)

16. NON-TOXIC FILL TO REDUCE RECLAMATION COST

17. Mine Fill with Ash

18. ABANDONED MINE LAND APPLICATIONS EITHER SMCRA FUNDED OR STATE FUNDED

19. ALKALINE FILL FOR ACID AML PIT

20. SOIL SUBSTITUTE FOR AML RECLAMATION

21. ASH GROUTING FOR AMD ABATEMENT OR SUBSIDENCE CONTROL

22. STATE FUNDED AML PROJECTS

23. Waste Coal Converted to Power

24. AML Reclamation with FBC Ash

25. AML Ash and Harbor Dredge Fill (Before)

26. AML Ash & Harbor Dredge Fill (After Reclamation)

27. 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.

28. 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

29. NAS REPORT LIMITATIONS NO ADEQUATE ANALYSIS OF VOLUMES OF SCIENTIFIC STUDIES SHOWING NO DEGRATION OF WATER QUALITY ON SMCRA MINES

30. NAS REPORT LIMITATIONS LACK OF ACKNOWLEDGEMENT OF DECADES OF SCIENTIFIC STUDIES RELATED TO COAL MINING BY: U.S. Department of Energys (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

31. 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.

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

33. 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