Introduction

The Mining and Reclamation Advisory Board (MRAB) was created in 1984 by Act 181 of the Pennsylvania General Assembly. The board's purpose is to assist the Secretary of the Department of Environmental Protection (DEP) in expending reclamation funds provided by the state Surface Mining Conservation and Reclamation Act and to advise the Secretary on all matters pertaining to mining and reclamation. The advisory role of the board also covers the federal Surface Mining Control and Reclamation Act, Title IV, abandoned mine land reclamation issues.

The board is comprised of the following members:

• Two licensed bituminous surface mine operators.
• One licensed anthracite surface mine operator.
• Four public members of Citizens' Advisory Council elected by the Council.
• One anthracite and one bituminous licensed professional engineer.
• One county conservation district representative appointed by the State Conservation Commission.
• One majority party state senator appointed by the President pro tempore.
• One minority party state senator appointed by the President pro tempore.
• One majority party state representative appointed by the Speaker of the House of Representatives.
• One minority party state representative appointed by the Speaker of the House of Representatives.

The board operates under bylaws adopted in January 1989 and amended in October 1993 and again in December 1996. The bylaws establish a committee structure and other operational procedures, including a minimum of four meetings per year, held in January, April, July and October. The current bylaws are included in Appendix A.

The newly formed Ad Hoc Committee on Reclamation Issues and the Regulation, Legislation and Technical Committee met frequently during the reporting period. These committees have helped members to fully evaluate key issues and make formal recommendations to the board for appropriate actions.

• Ad Hoc Committee on Reclamation Issues

The Ad Hoc Committee on Reclamation Issues was formed at the July 1997 board meeting to advise DEP on reclamation issues. The committee was formed in response to concerns being raised about the Bark Camp Mine Reclamation Laboratory, the Reed and Strattanville sites in Clarion County and a package of reclamation initiatives being developed under the Reclaim PA effort.

At its organizational meeting in February 1998 the committee agreed to act in an advisory capacity to DEP's Office of Mineral Resources Management for reclamation initiatives, activities and issues. The committee suggested that it function as a partner to DEP staff in collaboratively developing reclamation initiatives rather than reacting to them. DEP agreed to provide monthly updates to the committee; the committee would then inform the board of any new issues or areas where it should take action, so that the board could provide proactive rather than reactive advice.

The membership of the Ad Hoc Committee on Reclamation Issues included the following:

Robert Hughes and Mark Killar, regional coordinators for the Eastern and Western Pennsylvania Coalitions for Abandoned Mine Reclamation respectively, also act as resource contacts at the committee's request.

• Regulation, Legislation and Technical Committee

The Regulation, Legislation and Technical Committee reviewed all major regulatory packages, including those packages reviewed under Gov. Tom Ridge's Regulatory Basics Initiative, coming before the board during the reporting period. An explanation of each package is presented under the section titled The Full Board. Other legislative matters presented to the committee for review included remining tax credits, Environmental Good Samaritan Legislation and a bond referendum to raise funds for abandoned mine reclamation, particularly acid mine drainage.

The membership of the Regulation, Legislation and Technical Committee included the following:

• Policy Committee

The membership of the Policy Committee included the following:

• Annual Report Committee

The membership of the Annual Report Committee included the following:

The MRAB met formally four times as prescribed by law during the reporting period. The board members also participated in fieldtrips to the Bark Camp Mine Reclamation Laboratory, Clearfield County, and a mine subsidence stabilization project in Leechburg Borough, Armstrong County.

During the reporting period, the board discussed and commented on the following issues:

• Regulatory Review

The following regulatory rulemaking packages were reviewed and endorsed by the board. Several were developed under Executive Order 1996-1, Gov. Ridge's Regulatory Basics Initiative (RBI), making those regulations more consistent with their federal counterparts. All were preliminarily reviewed and commented on by the Regulation, Legislation and Technical Committee.

• Chapters 86, 87, 88, 89 and 90, Coal Mining: Post-Mining Discharges - Licensing and Bonding

This final rulemaking implemented the 1992 amendments to the Pennsylvania Surface Mining Conservation and Reclamation Act (Act 173) relative to the licensing of coal mine operators, bonding requirements and effluent limits based on best professional judgment for post-mining discharges. The amendment also updated the insurance requirements, and revised license fees based on the tons of coal mined as required by the act.

The Environmental Quality Board passed this package on Aug. 19, 1997. It was published in the Pennsylvania Bulletin as a final rulemaking on Nov. 15, 1997.

• Chapter 86, General Bonding, Civil Penalties and Areas Unsuitable for Mining

This final rulemaking amended Chapter 86, which was identified through the RBI and included revised definitions for "related party" and "owned or controlled" and "owns or controls," and a new definition for "willful violation." The amendments also revised the designation of areas unsuitable for mining process, bonding requirements, civil penalty amounts and civil penalty assessment procedures.

The Environmental Quality Board passed this package on Sept. 16, 1997. It was published in the Pennsylvania Bulletin as a final rulemaking on Nov. 29, 1997.

• Chapter 86, Small Operator Assistance Program (SOAP)

This rulemaking deleted redundant language, conformed the regulations to existing federal requirements and provided clarity to the regulations applicable to coal mine operators who produce less than 300,000 tons of coal per year and wish to obtain assistance under this program.

The Environmental Quality Board passed this package on Oct. 21, 1997. It was published in the Pennsylvania Bulletin as a final rulemaking on Jan. 3, 1998.

• Chapters 86, 87, 88, 89, and 90, Coal Mine Permitting and Performance Standards

These amendments, proposed through the RBI, related to standards governing protection of the hydrologic balance, protection of fish and wildlife, and prevention of erosion with reference to permitting requirements and performance standards for surface coal mining.

During discussions about this package, serious concerns were raised regarding the matter of oil and gas wells on mine permits. The board, through its delegation to the Regulation, Legislation and Technical Committee, crafted a compromise between oil and gas interests and coal mine operators by revising language in the package to suit all parties.

The Environmental Quality Board passed this package, containing the language revisions suggested by the board, on Jan. 20, 1998. It was published in the Pennsylvania Bulletin as a final rulemaking on May 9, 1998.

• Chapters 87 and 88, Water Supply Protection/Replacement (Mining)

This rulemaking amended the anthracite and bituminous surface mining regulations to add the presumption of liability provisions relating to water supply protection and replacement requirements as a result of Act 173 (1992) and Act 43 (1996) amendments to the Surface Mining Conservation and Reclamation Act. These amendments provide that a surface coal mine operator is presumed responsible for replacement or restoration of a degraded or diminished water supply within 1,000 feet of their operation. The proposal also reflects various Commonwealth Court and Environmental Hearing Board decisions concerning the adequacy of replacement of restored water supplies degraded by surface coal mining operations.

The Environmental Quality Board passed this package on Jan. 20, 1998. It was published in the Pennsylvania Bulletin as a final rulemaking on May 9, 1998.

•   Reclaim PA: DEP's Abandoned Mine Reclamation and Well Plugging Program

Reclaim PA is DEP's latest abandoned mine reclamation program. It has 17 individual initiatives, many of which were shared with the MRAB prior to Governor Ridge's announcement of the program on Oct. 23, 1998.

The board guided DEP staff through the development of the initiatives listed below. Some initiatives received a great deal of consideration from the board, as indicated by the comments recorded. MRAB will continue to provide input to DEP on each of these initiatives as well as those not yet introduced to the board.

• Environmental Good Samaritan Legislation

Formally known as House Bill 2613, the legislation was introduced on May 11, 1998, by Representative Sam Smith (R-Jefferson). It is stand-alone legislation that provides relief from liability to encourage reclamation and water quality improvement. DEP will not "grandfather" any previous sites. DEP staff will do a review/evaluation on each project, but it will not be considered a permitted activity. The following issues regarding this legislation were raised for discussion:

• Should DEP provide public notice of proposed projects?
• Will DEP replace adversely affected water supplies?
• Will there be a more formal project review by DEP?
• Can this legislation override landowner discharge liability under the Clean Streams Law?
• Can a landowner be coerced into a Good Samaritan project by threats of Clean Streams liability?
• Should Good Samaritan liability issues be addressed between the landowner and the project group up-front?
• How will DEP resolve or choose between a Good Samaritan project and a permit activity that may conflict?

The above comments were taken into consideration and the draft legislation was last updated Sept. 22, 1998. DEP expects the Good Samaritan Legislation to be reintroduced in a future legislative session.

• Design-Based Standards

The DEP has issued 260 Subchapter F and G permits since 1985 with a 98.5 percent success rate (the pre-existing discharge did not worsen). But, too many disincentives and liability issues exist to make remining more attractive to operators. This initiative is being developed to make the process more streamlined and to reduce risks.

Design-Based Standards use a watershed-based approach. The four principles of this program are:

1. Strong Best Management Practices (BMPs)
2. Increased inspection frequency
3. Emphasis on stream monitoring points (TMDLs)
4. Contingency plans, should something go awry with a permit. Initially, any permits that are issued will be limited to watersheds that are already heavily impacted.

The issues discussed by board members included the following.

• If the operator follows the BMPs, and something still goes wrong, should the operator be held liable?
• Does the proposal provide enough incentives to mine operators while still protecting water quality?

• Abandoned Mine Reclamation Fund

The AMR Trust Fund has an unappropriated balance of over $1.4 billion. This money should be made available to the States and Indian Tribes for abandoned mine reclamation, as provided by the Surface Mining Control and Reclamation Act of 1977. The Management Plan prepared by the National Association of Abandoned Mine Land Programs (NAAMLP) and the Interstate Mining Compact Commission (IMCC) may be one appropriate mechanism for Congress to adopt in order to effectively utilize the AMR Fund as outlined in the Reclaim PA program. Pennsylvania, and the other States and Tribes, must obtain broad support for the Management Plan to convince Congress to adopt it.

The board was briefed about the efforts of Governor Ridge, Secretary Seif and others to pressure the federal government to release additional funding from the Abandoned Mine Reclamation Fund. In turn, Fred Wolf, representing the board, signed a statewide resolution requesting that the legislative and executive branches of the federal government appropriate the needed funds.

• Abandoned Mine Reclamation Plan Amendment No. 2: Government Financed Construction Contracts (GFCC)

A GFCC is a federal or state funded abandoned mine reclamation contract entered into between DEP and an eligible person or entity who can involve the incidental and necessary extraction of coal in conjunction with AML reclamation. Approximately 500-1,000 acres of additional abandoned coal mine reclamation is performed by the industry each year through GFCCs involving AML reclamation with excess active spoil, coal refuse pile reclamation and incidental coal removal on AML reclamation projects. GFCCs, by current definition, must contain at least 50 percent government funding. This initiative involves eliminating the 50 percent government funding requirement so that no-cost contracts qualify as GFCCs.

DEP finished preparing the draft for Amendment No. 2 in November 1996. After a state and federal public comment period, the federal Office of Surface Mining (OSM) requested additional clarification in June 1998. DEP submitted the necessary information to OSM and is currently reviewing a draft technical guidance of the amendment.

• Geographic Information System (GIS)

As part of DEP’s agency-wide GIS initiative known as the Pennsylvania Environmental Navigator Network Project (PENN Project), the Office of Mineral Resources Management (MRM) is developing a consolidated GIS. This will facilitate implementation of the many initiatives of Reclaim PA, as well as the routine mineral extraction program activities administered by the different bureaus within the MRM Deputate.

The primary objectives of GIS are to build or develop data coverage that will do the following:

• Track all reclamation accomplishments occurring within the Commonwealth (including sites reclaimed by DEP, the active industry and others).
• Include current and accurate information concerning all abandoned mineral extraction features allowing for comprehensive planning of reclamation activities for the most appropriate sites.
• Incorporate an inventory of all known mine drainage discharges/impacts.
• Incorporate cumulative hydrologic impact assessment concepts. This would facilitate the development of comprehensive watershed rehabilitation/restoration plans and an Areas Suitable for Remining Program.

GIS can be accessed through DEP's website at http://www.dep.state.pa.us/external_gis/gis_home.htm.

• Net Environmental Gain Program

This initiative was discontinued by DEP based on public response including that of the board. Many of the ideas looked at by DEP were clean-up credits, lists of watershed zones, emission reduction credits, trading clean-up credits and liability swapping.

• Reclamation Issues

The board, through the efforts of the Ad Hoc Committee on Reclamation Issues, has closely followed activities at the Bark Camp Mine Reclamation Laboratory in Clearfield County and the Reed and Strattanville sites in Clarion County. It has recommended the following to DEP:

• More active oversight and management of the sites by DEP, including involvement by DEP's Waste Management Bureau.
• Better "science" including adequate background testing and data, peer review, testing protocols, periodic evaluation of effectiveness before proceeding further.
• Better public outreach and involvement, including regular reports and interaction with concerned citizens.

The MRAB also reviewed several mineral resources-related program packages and provided input about each.

• Alternative Financing Mechanisms for the Perpetual Treatment of Post-Mining Discharges

This report, revised by DEP for Governor Ridge's review in 1996, was reviewed by the board. These discharges are currently being treated by mine operators and in almost all cases, DEP continues to hold reclamation bonds on these sites. The report evaluates several alternate mechanisms for funding the treatment of discharges when coal mine operators stop treatment. The board agreed that because of the need for continued treatment, bonding (which provides a one-time infusion of funds) is not an appropriate tool to address this problem for the long-term. The Regulation, Legislation and Technical Committee developed eight recommendations for improving the report. The following represent highlighted comments:

• Recommendations on the potential sources of funding should be general. For example, instead of specifying the gross receipts tax, the report should simply indicate the need for public funding.
• The report should list all alternate mechanisms including remining, use of Title IV or other federal money, a bond referendum like Scarlift, self-bonding, reclamation incentives established by the Act 43 amendment to SMCRA, increased use of passive treatment systems, an annual appropriation by the General Assembly and public sector participation through watershed projects.

• Technical Guidance and Certification Guidelines for Beneficial Uses of Coal Ash

The technical guidance document outlines the four beneficial uses of coal ash DEP approves at either active mine sites or for reclamation at abandoned sites. Members were concerned that the language in this document might be more stringent than federal regulations.

The certification document outlines the guidelines for certifying coal ash for beneficial uses. It also provides the forms DEP uses to determine if the coal ash is being used beneficially. Several comments by the board members were:

• Unannounced spot checks by DEP inspectors may help with quality control.
• Operators should allow access to samples for more quality control checks.
• Groundwater at the site should be monitored as well, to be sure the ash is being applied properly.

These documents have been finalized and are posted on DEP's website at http://www.dep.state.pa.us/dep/Subject/All_Final_Technical_guidance/bmr/563-2112-224.doc and http://www.dep.state.pa.us/dep/Subject/All_Final_Technical_guidance/bmr/563-2112-225.doc.

• Environmental Protection Interim Compliance Reporting System (EPICS)

DEP explained its program to place inspection and compliance records on the internet and reported on comments received on the system. Members of the board were encouraged to comment. MRAB members Mark Snyder and David Osikowicz and alternate Mike Young attended roundtables set up by DEP to get public input on the program.

EPICS can be accessed through DEP's website at http://falcon.state.pa.us/crs/web/crs_interface.frames_start.

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Final Thoughts from the Chairman

Two faithful members of the MRAB passed on while I have served on the board. It is fitting that we remember Walter Fike and Howard Laur for their commitment to the ideals of the MRAB. What each added in fair and diplomatic discussion will surely not be forgotten.

Walter E. Fike passed away Oct. 31, 1996, at the age of 50. Mr. Fike, a native of Brookville, was a registered professional land surveyor and owner of Walter E. Fike Corporation of Clarion. He was a member of the Pennsylvania Society of Land Surveyors' North West Chapter, the National Society of Professional Surveyors, an associate member of the Pennsylvania Coal Association and on the board of directors of the Pennsylvania Mining Professionals. Mr. Fike had served with the MRAB since 1990.

Howard W. Laur, Sr. passed away Feb. 18, 1998, at the age of 72. Mr. Laur was founder and president of POWER (Protect Our Water and Environmental Resources), a grassroots organization formed in 1972, to fight for legislation to protect landowners from damages caused by mine subsidence. Mr. Laur was also a founder and former member of the board of directors of the Citizens Coal Council in Washington D.C. He was active for four years as a member of the Citizen's Advisory Council and the state's Environmental Quality Board. From 1958 until his retirement in 1981, Mr. Laur was a teacher and department chairman in the Pittsburgh public school system's Occupational, Vocational and Technical Department. Mr. Laur had served with the MRAB since 1995.

Bylaws of the Mining and Reclamation Advisory Board

As Amended December 12, 1996

The Mining and Reclamation Advisory Board is authorized and organized pursuant to Section 18(g) of the Pennsylvania Surface Mining Conservation and Reclamation Act (Act 181 of 1984) as amended by Act 173 of 1992.

The advisory board is charged to assist the Secretary to expend the funds for the purposes provided by this act and to advise the Secretary on all matter pertaining to surface coal mining and reclamation which shall include, but not be limited to, experimental practices, alternate methods of backfilling, selection of reclamation projects, alternate reclamation methods, obligations for pre-existing pollution liability, alteration of reclamation loans, reclamation fees and bonding rates and methods.

The board shall be comprised of three coal operators, two of whom shall be licensed bituminous surface mine operators and one of whom shall be a licensed anthracite surface mine operator; four public members from the Citizens Advisory Council, who shall be appointed by the council; two members, one from the Anthracite and Bituminous Licensed Professional Engineers, and one from the County Conservation Districts, who shall be appointed by the State Conservation District Commission; four members of the General Assembly, two from the Senate, one member from the majority party and one member from the minority party, who shall be appointed by the President pro tempore, and two from the House of Representatives, one from the majority party and one from the minority party, who shall be appointed by the Speaker of the House of Representatives.

A.     Board members shall designate an alternate. The chairperson shall be notified, in writing, of such alternate.

B.     The board may recommend to the appointing authority removal of any member not attending, or not represented by a designee, at two board meetings in a year.

ARTICLE IV
Voting

Members, or designated alternates, shall be entitled to one vote, in person, on all matters which shall come before the board. No voting shall be done without a quorum, unless otherwise indicated in these bylaws. A majority of the membership of the board shall constitute a quorum.

The officers of the board shall be a chairperson and a vice chairperson.

The chairperson and vice chairperson shall by elected from the membership of the board, as defined in the Pennsylvania Surface Mining Conservation and Reclamation Act, as amended, and may not be the Secretary of the Department of Environmental Protection, or his designee. They shall hold office for a term of one year, or until a successor is elected.

It shall be the duty of the chairperson to preside at all meetings of the board, call special meetings, prepare and distribute the meeting agenda, and perform such other duties as pertain to the office.

It shall be the duty of the vice chairperson to perform the duties of the chairperson in his/her absence.

Administrative and clerical duties shall be performed by the Office of Mineral Resources Management, Department of Environmental Protection. A Department staff person shall function as a recording and corresponding secretary. Included among these administrative duties shall be:

A.     To give timely notice of meetings of the board and committees.

B.     To record full board and committee meeting minutes and keep a permanent file. Board and committee meeting minutes shall be distributed to the full membership. Minutes should be reviewed by the chairperson or vice chairperson prior to distribution.

C.     To conduct both outgoing and incoming correspondence and maintain a permanent file of such correspondence, and

D.     To perform such other duties as may be requested by the board including, but not limited to, travel arrangements, conference calls, etc.

In addition, staff representatives from the Office of Mineral Resources Management shall serve as staff liaison to the board.

The board may establish committees to assist in performing its advisory duties.

A.     Committees shall be established by a majority vote of those members attending a regular or special meeting of the board.

B.     The board chairperson shall appoint committee members. The committee chairperson shall be selected by its members. The committee chairperson will be responsible for calling committee meetings, requesting needed assistance from the Department, and reporting to the board, and shall receive necessary administrative and clerical support from the Department.

C.     Each committee shall develop and adopt a statement of purpose or objective of the committee at a meeting of that committee after its creation.

D.     The chairperson of the board shall appoint a committee to prepare the Annual Report, as mandated by Section 18(g) of the Pennsylvania Surface Mining Conservation and Reclamation Act.

E.     A listing of the committees and their statements of purpose shall be maintained as an appendix to these bylaws. Changes to the appendix shall not constitute a change to the bylaws.

The board shall meet on the first Thursday of the months of January and July, and the fourth Thursday of the months of April and October, unless changed by a majority of the members. Alternate meeting dates and special meetings shall be called by the chairperson, in consultation with the vice chairperson. Committee meetings shall be called by comittee chairpersons, who shall also notify the full board.

A. Formal Presentation

B. Informal Discussion

The bylaws may be amended, repealed, or suspended at any meeting of the board by a two-thirds vote of the members of the board, provided that written notice of such amendment, repeal, or suspension shall have been sent to each member at least one week prior to said meeting.

The board shall act as a body in all matters before it and only the chairperson, or his or her designee, the vice chairperson or the board’s designee, shall speak on behalf of the board.

Meeting Dates During the Reporting Period (April 1997 - May 1998)

Board Members for Reporting Period (April 1997 - May 1998)

Board Alternates for Reporting Period (April 1997 - May 1998)