Regulation, Legislation and Technical Committee Meeting

Wednesday, February 21, 2001
Rachel Carson State Office Building
10:00 a.m.


Members/alternates in attendance: Jack Chamberlin (Member); George Ellis (Alternate); Susan Germanio (Alternate); Patricia Krommes (Alternate); Lisa Mahall (Member); David Mankamyer (Member); Honorable Samuel Smith (Member); Dave Strong (Member); Bruce Tetkoskie (Alternate); Sue Wilson (Alternate); Fred Wolf (Member); and Mike Young (Alternate).

Others in attendance: Jeff Jarrett (DEP-MRM), James Brahosky (DEP-DMO), Bob Biggi (OSM-Harrisburg), Joe Sieber (DEP Policy Office), J. Scott Roberts (DEP-BMR), Billie Ramsey (ARIPPA), Roderick Fletcher (DEP-BAMR), Margaret Urban (CAC), Bo Reiley (DEP-OCC), Rick Mather (DEP-OCC), Tom Callaghan (DEP-BMR), Evan Shuster (DEP-BMR), Marc Roda (DEP-OCC), Todd Lawton (Scrub Grass Power), Robert Hughes (EPCAMR), Paul Linnan (DEP-BAMR), Bernie Hoffnar (DEP-OPPCA), and Chris Shroyer (DEP-MRM).

Meeting Called to Order

MRAB Board Chairman Fred Wolf called the meeting to order at 10:00 a.m. Mr. Wolf asked that all Board members, alternates, and guests introduce themselves and sign the attendance sheet.

After introductions, Chairman Wolf made a motion to adopt the minutes from the January 4, 2001 MRAB meeting. Dave Strong seconded the motion. The motion was unanimously approved. Mr. Wolf also made a motion to adopt the minutes from the joint Policy and Reclamation Meeting. Dave Strong seconded the motion. The motion was unanimously approved.

After the minutes were adopted, Chairman Wolf mentioned the correspondence received from Robert Dolence on his resignation from DEP. He also welcomed Jeffrey Jarrett, Acting Deputy Secretary, to the MRAB Board.

OBLIGATION: Chairman Wolf to write a thank you letter to Robert Dolence for the work that he has done for the MRAB Board.

The next item on the agenda was the clarification of a few issues regarding the approval of the Coal Refuse Disposal Regulatory Package. Mike Young posed a question regarding the guidance documents (i.e., are they part of the regulatory standard) that were included in the package. The concern was that if guidance documents are mentioned in the regulations, is this document valid? If the guidance documents are changed, will this affect the regulations? According to OSM, if a guidance document is mentioned in a regulation, is still only a guidance document; regulations should stand on their own. After considerable discussion, George Ellis made the motion to support the entire regulatory package with two amendment changes. The amendment changes are add the phrase "as guidance" to Sections 90.5(a) and 90.50(c). The added language is recommended to clarify that the referenced guidance documents do not carry the weight of the regulation. Mr. Ellis also stated for the record that he was making this motion, not because it is necessary, but to keep this issue moving forward. Sue Germanio seconded the motion. The motion was unanimously approved.

OBLIGATION: Add the phrase "as guidance" to Sections 90.5(a) and 90.50(c).

The Reclamation Committee (Dave Strong) Some of the issues discussed in the earlier committee meeting (which centered on the Bark Camp research and development) were define the need, sites that have the need, and financing (Growing Greener funds, AML). The Reclamation Committee would like to move forward on the protocol and evaluation of Bark Camp data that is available. This information would be a good standard/protocol for evaluating this type of reclamation. The Committee would like to quickly move this type of technology out into the field. There is a tremendous opportunity to do more reclamation using these technologies. The Committee and MRAB need to have representatives from Corps of Engineers and Solid Waste at meetings to discuss the means and methods of reclamation. The Reclamation Committee and MRAB would like to gear the next meeting towards discussing measuring and adapting reclamation methods and future resources for the mining program.

OLIGATION: Set-up meetings with Corps of Engineers.

Next Meeting

The Board meeting will be held at 10:00 a.m. on April 26, 2001 in the Rachel Carson State Office Building in Harrisburg.


Dave Strong made a motion to adjourn the meeting. David Mankamyer seconded the motion. The meeting was adjourned at 12:00 p.m.