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eh <br />ESPEY, HUSTON S ASSOCIATES, INC. <br />• <br />Section 816.95 and 817.95 -Direct operators to take appropriate control <br />measures to limit fugitive dust. These sections have been invalidated and remanded <br />based on the azgument that the Secretary does not have a general authority to <br />regulate air quality. <br />Section 701.5 and Sections 816.150 - .176 -Assigns "Class I" standadds, <br />the most strict, to all roads used for coal haulage, "Class II" standards to other roads <br />planned to be used for six months or longer and minimal "Class III" standazds to non- <br />haulage roads to be used less than six months. Judge Flannery agrees that the <br />Secretary's road classification system, which is based solely on duration of use, <br />"lacks sufficient support in the record." Therefore, he invalidated and remanded <br />Section 701.5 and suspended the road classification system as implemented in <br />Section 816.15 - .176. <br />Section 817.54 -Required underground mine operators to replace the <br />• water supply of land owners if the mining operation contaminates, diminishes or <br />interrupts that water supply. Judge Flannery's finding was that "water replacement <br />applies only to surface coal mining operations. There is simply no statutory basis to <br />apply it to underground mines." He therefore remanded Section 817.54 to the <br />Secretazy. <br />Section 816.83 and 817.83 -Required the construction of underdrains for <br />all waste embankments and made no provision for alternatives in appropriate <br />situations. These sections have been suspended. <br />Section 817.116 -Deals with measuring success of revegetation. This <br />section has been amended so that the alternative revegetation standazds for small <br />mine azeas which aze applicable to surface mines by virtue of Section 816.116 (d) <br />aze also made applicable to underground mines. <br /> <br />A-9 <br />