EQB comment and response w policy changes

ENVIRONMENTAL QUALITY BOARD25 PA. CODE CHAPTERS 88 AND 90COAL REFUSE DISPOSALCOMMENT AND RESPONSE DOCUMENTComments were received from the following parties. Comments have beenordered by section. The commentator(s) are referenced by correspondingnumber at the end of each comment.1. U.S. Fish and Wildlife Service 2. Pennsylvania Coal Association 3. Pennsylvania Game Commission 4. Independent Regulatory Review Commission 5. United States Office of Surface Mining2§ 88.310. Coal refuse disposal: general requirements and § 90.167. Cessation ofoperations: temporary.Comment: Section 88.310(k) requires installation of a system to prevent precipitation fromcontacting the coal refuse when an operation temporarily ceases for more than 90 days “unlessthe Department approves a longer period…” Under 52 P.S. § 30.56a(i), the Department mayapprove a longer period “for reasons of a labor strike or business necessity.” For improvedclarity, the EQB should specify the conditions under which the Department will extend the 90-day period, and the criteria it will use to determine a “business necessity.”Section 90.167(d) states that, “The department may approve a longer period, not to exceed 1year, for reasons of a labor strike or business necessity.” The EQB should specify what itconsiders to be a “business necessity.” (4)Response: The term “business necessity” can cover a multitude of circumstances includingequipment failure, loss of coal contract, ...