OSM CCB Specific Rulemaking

OSM published an Advance Notice of Proposed Rulemaking on March 14, 2007 seeking comments on our intention to propose regulations pertaining to permit application requirements and performance standards related to the use of Coal Combustion By-Products (CCBs) in the reclamation of coal mining operations that are permitted under Title V of the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act) or in the reclamation of abandoned coal mine sites funded under Title IV of the Act.  The public comment period closed on June 13, 2007.  OSM would base the proposed regulations on existing SMCRA authorities.  If promulgated, the regulations governing the use of CCBs that are applicable to Title V active coal mining operations would be located throughout 30 CFR Chapter VII.  Another potential change to the current regulations would require that the regulatory authority have sufficient information in order to determine whether the use of CCBs is appropriate in the reclamation of a Title IV mine site funded with Abandoned Mine Land (AML) monies.