Thursday, September 25, 2003

By Don Hopey, Post-Gazette Staff Writer

The state has submitted to the U.S. Office of Surface Mining formal regulatory amendments that would strengthen protections to homes and water supplies that could be damaged by longwall mining.

The changes to the state's controversial mining law, Act 54, were made in response to a federal review done in December 2001. It found that 47 provisions in the Pennsylvania law and supporting regulations were less effective than federal rules in protecting owners' rights when their property was undermined and suffered subsidence damage.

Among the most important changes approved by the state Environmental Quality Board in July, and now available for public review and comment, is a provision that would prohibit mining companies from negotiating financial settlements in lieu of replacing water supplies lost when a property is undermined, unless the state determines such replacement is impossible.

Unlike federal mining rules, the present state regulations allow such settlements. Coal field residents say that leaves the land without water and greatly diminishes its value for agriculture and industrial or residential development.

"The idea is to get the water supplies replaced," said J. Scott Roberts, deputy secretary of mineral resources management for the Pennsylvania Department of Environmental Protection. "If there's no way to replace the water, including using public water, then the mining shouldn't take place."

Other changes would require prompt repair of damage to structures and prompt replacement of affected water supplies, and eliminate the two-year deadlines for filing claims of damage to structures and water supplies.

The formal submission to the federal mining office also includes explanations of how DEP's enforcement of its existing regulations satisfies eight of the concerns raised by that office.

"By working with OSM and other parties involved, we were able to develop 39 proposed regulatory changes that could address OSM's concerns without amending the mining law, which means we will be able to institute these changes much quicker than we could if we were recommending statutory changes," said DEP Secretary Kathleen McGinty.

Previous amendment procedures took five years to complete, but Roberts said the process could be shortened to two years or less this time.

The Environmental Quality Board and Office of Surface Mining will hold consecutive public hearings on the state and federal rule-making packages.

The first hearings are scheduled for 1 to 4:30 and 5 to 8:30 p.m. Oct. 15 at Best Western University Inn, 1545 Wayne Ave., Indiana, Pa. Others are scheduled for the same times on Oct. 16 at the Holiday Inn Washington-Meadowlands, 340 Racetrack Road, Washington, Pa.

Comments must be submitted in advance for both federal and state hearings to be considered by those agencies.

Those who wish to attend and present testimony at the quality board hearing should register at least one week in advance to reserve a time; contact the Environmental Quality Board, P.O. Box 8477, Harrisburg 17105-8477 or call 717-787-4526. Oral testimony is limited to 10 minutes per witness. Witnesses are requested to submit three written copies of their testimony to the hearing chairman.

Those who wish to attend and testify at the Office of Surface Mining hearing should register by contacting the Harrisburg Field Office, 415 Market St., Suite 3C, Harrisburg 17101, or calling 717-782-4036.

Organizations are limited to designating one witness to present testimony on their behalf at each hearing.

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