Chronology of Significant Events Relating to Pennsylvania’s Bonding Program
The glossary below provides information on selected organizations and individuals referenced in the detailed chronology.
Organization |
Description |
Key Personnel |
Mining Reclamation Advisory Board (MRAB) |
Established by law to provide input to DEP on mining issues |
Members are drawn from the House, Senate, the anthracite and bituminous mining industry, and the environmental community Fred Wolf, Chairman |
Citizens Advisory Council (CAC) |
The Council provides input to DEP on environmental issues |
The CAC holds five of the membership positions on the MRAB |
Office of Surface Mining (OSM) |
The federal agency responsible for the oversight of implementation of Pennsylvania’s coal mining program |
Kathy Karpan, Director Al Klein, Regional Director Bob Biggi, Director, Harrisburg Field Office |
Pennsylvania Coal Association (PCA) |
Membership is comprised of surface and deep bituminous coal operations |
George Ellis, President Gary Slagel, Chairman of PCA’s Technical Committee |
Pennsylvania Anthracite Council (PAC) |
Membership is comprised of anthracite operators |
Fred Wolf |
ARIPPA |
Represents the independent power producers |
Billie Ramsey, Executive Director |
Date |
Activity |
Contacts |
Description |
DEP Participants |
2/16/2000 |
Hearing |
House Environmental Resources and Energy Committee |
Follow-up discussion on Full-Cost Bonding proposal |
Dolence, Jarrett, Roberts, Fletcher |
2/15/2000 |
Meeting |
Mike Young, (PCA) |
Discuss Full-Cost Bonding details. |
Roberts |
2/3/2000 |
Meeting, Greensburg |
PCA and many operators |
Discuss Full-Cost Bonding |
Roberts, Jarrett |
2/2/2000 |
Correspondence |
Office of Surface Mining |
Full-Cost Bonding issues |
Jarrett |
2/2/2000 |
Meeting |
Fred Wolf MRAB Chairman |
Anthracite issues related to Full-Cost Bonding |
Roberts and Pottsville district Office staff |
2/1/2000 |
Meeting and conference call |
ARIPPA's Billie Ramsey, Bruce Tetosky, Todd Lawton, and others by conference call. |
Discuss Full-Cost Bonding |
Roberts |
1/27/2000 |
Meeting |
John Blaschak, Fisher Mining. |
Review impact of Full-Cost Bonding on specific sites |
Roberts |
1/24/2000 |
Meeting |
Dave Osikowicz., Original Fuels, Inc. and Chairman, MRAB Technical Committee |
Review impact of Full-Cost Bonding on specific sites |
Roberts |
1/18/2000 |
Field Visit |
MRAB Chairman Fred Wolf |
Helicopter overview of Anthracite Coal fields |
Roberts and Pottsville District Office staff |
1/14/2000 |
Correspondence |
Received copies of Bureau of Waste Management’s bonding guidelines for comparison. |
Roberts |
|
1/11/2000 |
Phone Call |
Kurt Tipton, Rockwood Insurance Company |
Interview on surety issues |
Roberts |
1/6/2000 |
Meeting, Harrisburg |
MRAB |
Discussed Full-Cost Bonding proposal |
Roberts, Jarrett, Dolence, Fletcher |
12/20/1999 |
Correspondence |
R. S. Means & Associates |
Sent copy of draft Full-Cost Bonding proposal for RFP on Confirmation of Practice |
Roberts |
12/14/1999 |
Hearing |
House Environmental Resources and Energy Committee |
Discussed Full-Cost Bonding proposal |
Dolence, Jarrett |
12/6/1999 |
Meeting, Pittsburgh |
OSM legal and program staff |
Discussed Pennsylvania program amendment regarding trust funds |
Jarrett, Fletcher, Pizarchik, Reiley |
12/6/1999 |
Research |
Internet search of OSM requirements in other states. |
Roberts |
|
12/3/1999 |
Meeting |
TJS Mining; Stitt Coal Company; Joseph Imler, Evergreen Insurance; Kurt Tipton, Rockwood Insurance Company, and W. D. Mohney & Associates |
Discuss Full-Cost Bonding and review examples |
Roberts |
11/23/1999 |
Phone Call |
Joel Elbert, Geotech |
Discuss Sky Haven sites in Clearfield County and costs for reforestation. |
Roberts |
11/18/1999 |
Meeting, McMurray |
OSM legal and program staff |
Discussed Pennsylvania program amendment regarding trust funds |
Jarrett, Fletcher, Pizarchik, Reiley |
11/12/1999 |
Phone Call |
Pennsylvania Anthracite Council |
Discussed Full-Cost Bonding and Anthracite sites |
Roberts |
11/12/1999 |
Phone call |
Keith Smith (KY), Ron Robinson (VA), and Bob Baker (OH) |
Discussed bonding requirements |
Roberts |
11/10/1999 |
Phone Call |
Robert Scott, PBS Coal |
Discussed Full-Cost Bonding. |
Roberts |
11/10/1999 |
Phone call |
John Ailes |
Discussed West Virginia bonding requirements |
Roberts |
11/9/1999 |
Phone call |
Mark Carney |
Discussed Maryland bonding requirements |
Roberts |
11/4/1999 |
Meeting |
Amerikohl |
Discussed Full-Cost Bonding and reviewed examples |
Roberts |
11/3/1999 |
Meeting, Pittsburgh |
OSM legal and program staff |
Discussed Pennsylvania program amendment regarding trust funds |
Rod |
11/1/1999 |
Phone call |
Pennsylvania Anthracite Council, PCA, and Amerikohl. |
Follow-up discussion on Full-Cost Bonding proposal |
Roberts |
10/28/1999 |
Meeting, Meadowlands |
Pennsylvania Anthracite Council, PCA, Independent Power Producers Association (ARIPPA), MRAB Chairperson Fred Wolfe, and the following operators: Blaschak Coal Corporation, Fisher Mining Co, Kocher Coal, Beth Energy, State Industries, Inc., PBS Coal, Amerikohl Mining, Inc., CONSOL, Reading Anthracite Co. |
Discussed Full-Cost Bonding proposal |
Dolence, Roberts, Jarrett, Fletcher |
10/8/1999 |
Meeting |
Hank Ingram (PCA attorney) |
Discussed industry positions on full-cost bonding and OSM’s position on bonding issues. |
Jarrett |
10/8/1999 |
Phone Call |
Bob Biggi (OSM) |
Discussed OSM’s involvement in completing bond pool study. |
Jarrett |
10/6/1999 |
Phone Call |
Al Klein (OSM) |
Discussed DEP’s decision to propose conventional bonding. |
Jarrett |
10/6/1999 |
Phone Call |
Bob Biggi (OSM) |
Discussed DEP’s decision to propose conventional bonding. Discussed the need for a response from OSM on outstanding Questions. |
Jarrett |
9/29/1999 |
Phone Call |
John Stilley, Amerikohl |
Discussed possible impact of full cost bonding. |
Jarrett |
9/29/1999 |
Meeting |
Barbarita (Marsh) |
Discussed surety industry concerns. Started planning for surety industry meeting |
Jarrett |
9/22/1999 |
Meeting |
OSM, TetraTech(OSM contractor), Slagel |
Discussed DEP’s proposed use of trust funds to help resolve AMD/bonding issue. |
Jarrett |
9/16/1999 |
Phone Call |
PCA/OSM/DEP |
Discussed roles in resolving bonding issues. Discussed OSM’s contract status with TetraTech to develop options to resolve AMD/bonding issues. |
Jarrett |
9/16/1999 |
Phone Call |
Mike Young (PCA) |
Request for information on significant discharges with bonding problems. |
Jarrett |
9/14/1999 |
Meeting |
George Ellis |
Discussed PCA committee working on bonding issues. Again, requested PCA to work with DEP. Cautioned Ellis that if PCA didn’t start working with DEP, DEP would be forced to make unilateral decisions. |
Jarrett |
9/13/1999 |
Correspondence |
Al Klein (OSM) |
Requested clarification on OSM’s position to various issues related to the bonding program |
Jarrett |
9/13/1999 |
Phone Call |
Al Klein (OSM) |
Proposed stakeholder process to identify solutions to bonding issues. |
Jarrett |
9/6/1999 |
Phone Call |
John Stilley, Amerikohl |
Discussed the need for the AMD/bonding issue to be resolved at the national level. |
Jarrett |
9/1/1999 |
Meeting |
PCA Technical Committee |
Discussed status of bonding program evaluation |
Fletcher, Jarrett, Dolence et al |
8/3/1999 |
Phone Call |
Al Klein (OSM) |
Discussed PHC/CHIA issues as they relate to AMD/bonding litigation. |
Jarrett |
8/3/1999 |
Phone call |
Bob Biggi (OSM) |
Discussed PHC/CHIA issues as they relate to AMD/bonding litigation. |
Jarrett |
8/2/1999 |
Meeting |
PCA |
Solicited input from PCA on how to resolve AMD bonding issues. |
Jarrett |
7/30/1999 |
Meeting |
OSM staff |
Discussed steps DEP is taking to resolve the bonding issue. |
Jarrett |
7/27/1999 |
Phone Call |
Al Klein (OSM) |
Discussed OSM position on bonding issues as they relate to pending litigation. |
Jarrett |
7/27/1999 |
Phone Call |
Bob Biggi (OSM |
Discussed status of cooperative efforts to characterize the extent of AMD/bonding problem. |
Jarrett |
7/23/1999 |
Phone Call |
Bob Biggi (OSM) |
Discussed cooperative efforts to properly characterize scope of AMD/bonding problem. |
Jarrett |
7/23/1999 |
Phone Call |
Robert Scott, PBS Coal |
Discussed various options to resolve bonding issues. |
Jarrett |
7/21/1999 |
Phone Call |
Al Klein (OSM) |
Discussed AMD/bonding regarding pending litigation. |
Jarrett |
7/20/1999 |
Phone Call |
John Stilley, Amerikohl |
Discussed options to resolve bonding issues. Stilley supports full cost bonding provided it is properly developed and implemented. |
Jarrett |
7/20/1999 |
Phone Call |
Mike Young (PCA) |
Discussed scope of AMD/bonding inventory on primacy sites. |
Jarrett |
7/19/1999 |
Phone Call |
Al Klein (OSM) |
Discussed issues regarding OSM’s pending decision on DEP’s proposal to use trust funds to resolve AMD/bonding issue. |
Jarrett |
7/19/1999 |
Phone Call |
Hank Ingram (PCA Attorney) |
Discussed DEP’s position on AMD/bonding issues related to pending litigation. |
Jarrett |
7/16/1999 |
Phone Call |
Bob Biggi (OSM) |
Discussed PHC/CHIA issues as they relate to deep mine bonding issues. |
Jarrett |
7/15/1999 |
Meeting |
OSM/DEP/Citizens |
Discussed AMD/bonding issues |
Jarrett, Dolence, Fletcher, others |
7/14/1999 |
Meeting |
OSM/DEP |
Discussed AMD/bonding issues |
Jarrett, Dolence, Fletcher, others |
7/9/1999 |
Phone Call |
Bob Biggi (OSM) |
Discussed DEP comments on OSM’s RFP to develop solutions to AMD/bonding problem. |
Jarrett |
7/6/1999 |
Phone Call |
Al Klein (OSM) |
Discussed use of AML funds to treat pre-existing discharges on forfeited primacy sites. Klein confirmed that such use is allowable. |
Jarrett |
7/2/1999 |
Phone Call |
Bob Biggi (OSM) |
Discussed DEP’s needs to be incorporated into OSM’s RFP to develop solutions to AMD/bonding problem. Discussed possible use of AML funds to supplement forfeited primacy remining sites. |
Jarrett |
6/29/1999 |
Phone Call |
George Ellis (PCA) |
Discussed meeting with OSM regarding bonding issues. |
Jarrett |
6/29/1999 |
Phone Call |
George Ellis (PCA) |
Discussed meeting schedules/agendas. |
Jarrett |
6/22/1999 |
Meeting, Washington |
Kathy Karpan and OSM staff |
Discussed resolution of 732 issues regarding bonding. |
Dolence, Jarrett, Fletcher and others |
2/4/1999 |
Meeting, Somerset |
PCA |
Discussed the AMD/bonding issue, the initiatives on improving the trust fund concept, and requested help from PCA in developing solutions. |
Jarrett |
9/28/1998 |
Correspondence |
PCA |
AMD bonding problem and discussion of considerations that may be used to help resolve problem. Request for PCA participation |
Jarrett |
5/20/1998 |
Meeting, State College |
Fred Wolf |
Discussed wide pit bonding draft PGM, and improvements/ideas on the use of trust funds. |
Jarrett |
7/10/1997 |
Meeting |
MRAB |
Reported to MRAB updating database of permits having AMD discharges. Reported over $100 million in reclamation bonds not being released due to AMD problems. |
DEP staff |
5/20/1997 |
Meeting |
PCA |
Discussed various issues with PCA Technical Committee including full-cost bonding |
DEP staff including Dolence, Jarrett, Fletcher |
4/24/1997 |
Meeting |
MRAB |
MRAB passed motion forwarding recommendations of ""Ad Hoc"" committee to DEP. |
|
2/21/1997 |
Meeting |
MRAB Ad Hoc Committee |
MRAB ""Ad Hoc"" committee met to discuss a May 1996 draft report to the Governor titled Alternative Financing Mechanisms for the Perpetual Treatment of Post-Mining Discharges. Committee developed 8 recommendations for improving the report. |
Fletcher, Shuster and others |
9/11/1995 |
Correspondence |
PCA |
Department provided responses to talking points (included full-cost bonding for postmining discharges) identified by PCA at their August 23, 1995 annual meeting. |
|
10/20/1994 |
Report |
""Report of the Mining and Reclamation Advisory Board to the Pennsylvania Department of Environmental Resources, January 1993 to October 1994."" The Bonding Committee identified the adequacy of bonding for land reclamation as an area of concern. |
||
1/6/1994 |
Report |
MRAB AD Hoc Committee |
The Ad Hoc Committee reported that it had reviewed the Report to the Governor dated September 24, 1993. The purpose of this committee is to examine the adequacy of bonding to meet the requirements of the Commonwealth. |
|
10/28/1993 |
Report |
Department reported that the actuarial study was completed in July. |
||
9/24/1993 |
Department completed the ""Report to Governor Robert P. Casey on Alternative Financing Mechanisms for the Perpetual Treatment of Post-Mining Discharges"". This report states that ""there has been a concern over the past few years that the bond program was insufficiently funded to complete the reclamation plan at forfeited mine sites."" |
|||
9/23/1993 |
Department completed report to Governor titled ""Alternative Financing Mechanisms for the Perpetual Treatment of Postmining Discharges. |
|||
8/7/1993 |
Notice published in the Pa. Bulletin of final rulemaking increasing the reclamation fee from $50/acre to $100/acre. |
|||
8/4/1993 |
Actuarial study of coal mining bonding program submitted to MRAB and EQB. |
|||
7/28/1993 |
Actuarial study of coal mining bonding program submitted to OSM. |
|||
7/16/1993 |
Actuarial study of coal mining bonding program completed by Milliman & Robertson, Inc. |
|||
7/6/1993 |
OSM published notice in the Federal Register announcing approval of rulemaking increasing the reclamation fee from $50/acre to $100/acre. |
|||
4/27/1993 |
Department responded to PCA’s April 5, 1993 letter. |
|||
4/5/1993 |
PCA submitted a letter to DEP expressing concerns for implementing site-specific trust fund alternative to bonding for postmining discharges. |
|||
1/7/1993 |
Department reported that the recommendation to increase the reclamation fee from $50 to $100 will be presented to the EQB. The actuarial study is underway. |
|||
10/16/1992 |
Report of the Mining and Reclamation Advisory Board, July 11, 1991 –– October 16, 1992. One key resolution was to recommend increasing the reclamation fee from $50 to $100. The report also mentions OSM’s 732 letter that identified deficiencies in the Pennsylvania alternate bonding system with regard to reclamation and postmining discharges. |
|||
7/30/1992 |
BMR Director provided testimony to the House Conservation Committee relating to the acid mine drainage problem. Testified that the total estimated annual cost of treatment of AMD discharges is between $32-46 million. |
|||
5/30/1992 |
Notice published in the Pa. Bulletin of proposed rulemaking increasing the reclamation fee from $50/acre to $100/acre. |
|||
4/15/1992 |
The MRAB Bonding Committee reported its discussions on the OSM study and impacts on the surety industry. |
|||
12/6/1991 |
Department responded to OSM’s ""732"" letter. (Administrative Record #PA 802.01) |
|||
10/24/1991 |
The MRAB Bonding Committee reported its discussions on the marginal status of the reclamation fund. One concept was to use site-specific bonds to reflect the actual cost of reclamation and to possibly eliminate reclamation fees. |
|||
10/1/1991 |
OSM submitted ""732"" letter to Department indicating the alternative bonding no longer meets federal requirements. (Administrative Record #PA 802.00) |
|||
7/11/1991 |
The MRAB Bonding Committee reported that raising the bond rate was not an alternative to increasing the reclamation fee from $50 to $100. The MRAB discussed the draft OSM Bonding Program Evaluation Report including reclamation fees and full-cost bonding. |
|||
4/26/1991 |
Report of the Mining and Reclamation Advisory Board, April 19, 1990 - April 26, 1991. Report identifies the adequacy of the Pennsylvania bonding program as a future issue to be discussed. |
|||
3/1/1991 |
OSM Harrisburg Field Office completed an evaluation of PA’s alternative bonding program. |
|||
1/10/1991 |
MRAB Bonding Committee report stated that the Bonding Committee agreed that funding [for bond forfeitures] is marginal. The Bonding Committee debated raising bond rates. The bond adequacy report was discussed under pending issues. This report’s primary focus is on postmining discharges but included a discussion of the adequacy of the bonding pool. |
|||
5/29/1990 |
CAC provided Department with comments on Department’s Evaluation of Pennsylvania’s Alternative Bonding Program. |
|||
4/5/1990 |
Report of the Mining and Reclamation Advisory Board January 1989 - April 1990. This report indicated that bonding was a major subject over this reporting period, and mentioned a DER evaluation of the existing bonding program to determine if bond rates are adequate to reclaim forfeited mine lands. |
|||
5/20/1988 |
Department provided a report to the Bonding Advisory Board titled ""Bond Rate Guidelines and Bonding Alternatives"". |
|||
2/23/1988 |
Department established a Bonding Advisory Board comprised of the MRAB subcommittee on bonding and the Coal Work Group subcommittee on bonding. |
|||
11/21/1985 |
Meeting |
PCA Board of Directors |
Department Secretary briefed PCA Board of Directors on bonding/ bond amounts (in addition to other subjects) to include referencing Department testimony before the House Mines and Energy Management Committee concerning a bill to raise bond amounts to minimum of $7,500/acre. |
|
7/30/1981 |
PA Federation of Sportsman Club filed lawsuit relating to bonding program. |