Featured

OSM Releases Impoundment Oversight Reports

WV DEP to Issue Orders Requiring Additional Information
Yesterday the federal Office of Surface Mining released an oversight evaluation of coal refuse impoundments in West Virginia. Referred to as the Phase III report, the oversight initiative focused on the potential for impoundment breakthroughs into adjacent underground mine works and the conversion of impoundments into coal slurry cells. The oversight report is a continuation of an effort that started in 2001. The report that was released yesterday, through a press conference, contains programmatic recommendations for application across the industry and 15 site specific technical evaluations of individual facilities. In response to the programmatic findings, the West Virginia Department of Environmental Protection will require all impoundment operators to supply additional information and analysis regarding the breakthrough potential of existing operations. The orders will require the information to be submitted at mid-term review or permit renewal, whichever occurs first. The OSM Phase III oversight report is available at: http://www.arcc.osmre.gov/FOs/CHFO/Reports/EY2012-WV-TS-FI-CoalSlurryBreakthroughPotentialPhaseIII-010913.pdf
A copy of the WVCA press statement is below.

 

STATEMENT BY JASON BOSTIC, VICE PRESIDENT, WV COAL ASSOCIATION REGARDING OSM's COAL REFUSE REPORT RELEASED TODAY IN CHARLESTON

“The West Virginia Coal Association believes that continuous progress has been made by the regulatory agencies and the coal industry to improve the design and operation of coal refuse impoundments across the state. These structures are some of the most highly engineered and regulated structures found anywhere in the world, with detailed engineering and geo-technical analysis associated with their design, operation and maintenance.

The industry has cooperated with efforts undertaken by the regulatory agencies, including the federal Mine Safety & Health Administration, the West Virginia Department of Environmental Protection and OSM in the past to improve the technical analysis associated with coal refuse impoundments. However, we are disappointed with OSM’s actions with respect to the current review, which has been conducted largely behind closed doors with little or no outreach or communication with the regulated community or the individual operating companies.

Over the course of this 12 year review, the industry has responded to previous issues in a prompt and professional manner when provided with an opportunity for an open dialogue with OSM, but that opportunity was not provided in this situation. The agency never requested any information from the industry that may have satisfied their concerns nor did they contact the industry to make them aware of the pending release of these reports, or today’s media event. Sensationalism has never advanced meaningful dialogue and progress with respect to developing a path forward.”