Current Regulatory Framework - Coal Waste Impoundments: Risks, Responses, and Alternatives - page 34

and the environment from the adverse effects of surface coal mining operations,
complements the intent of the Federal Mine Safety and Health Act.
The material reviewed in this chapter indicates that a substantial regulatory
structure covers many aspects of the design, construction, and operation of coal
waste impoundments. The committee concludes that while the regulatory review
of a proposed impoundment is detailed with respect to the embankment, the
regulatory review of the impoundment basin has been less rigorous. The
authority for review of the basin characterization and design appears to be
covered only in general language authorizing investigation of all relevant issues
with respect to the impoundment. The committee recommends that MSHA
and OSM should have clear authority to review basin design. It is not
evident to the committee whether specific legislation to authorize more detailed
examination of basin issues is required, or whether these issues can be handled
by additional rulemaking under existing authority.
The committee heard reports that the review process is undesirably
lengthy, commonly exceeding 2 years. In addition, it appears that review times
have lengthened considerably in recent years. The committee concludes that
timely review is an essential component of an effective regulatory process. An
efficient and coordinated regulatory review process can be of substantial benefit
to both the applicant and the jurisdictional agencies. A well-coordinated
technical review process can ensure that the health and safety of both the miners
and the public, and the protection of the environment are ensured in a sensible
and streamlined way. Therefore, the committee recommends that the review
process for both new permits and revisions to existing permits be
overhauled to include the following elements:
• A formal joint process that would coordinate the currently fragmented
and inefficient collection of reviews into a single process.
• Sufficient staff for engineering and other reviews in the agencies that
participate in the joint process so that the time required to complete
the review can be reduced significantly.