Buffalo Creek Dam Failure of 1972 - Policy Outcomes from the Failure

ABSTRACT ONLY - The Buffalo Creek Dam failure of February 26, 1972 played a key role in the history of dam safety governance at both the state and federal levels in the US, and much can be learned from this event, its consequences, and the resulting changes in the dam safety industry. Lessons can also be learned from the human factors, particularly politically driven, that both contributed to the failure and the subsequent evolution of dam safety regulations.
Though the impoundments were inspected by a state agency prior to the failure, there was a lack of a strong regulatory framework and specialized oversight for both dams and coal waste impoundments at the time. In addition, the political climate on both the regulatory and mine operations sides prevented significant actions in addressing apparent dam safety deficiencies.
Immediately following the Buffalo Creek disaster and several additional major failures or incidents, hearings were held in Congress raising concerns about dam safety across the country. As a result, just six months following the failure, Congress passed the National Dam Inspection Act of 1972. Though the implementation of this act was essentially delayed until the late 1970s following several other significant dam failures, the act created the framework for the USACE Phase I Inspection program. The Buffalo Creek failure was also a prelude to a number of federal actions that eventually led to the development of the Federal Guidelines for Dam Safety and the creation of FEMA by President Carter in 1979.
The Buffalo Creek disaster also led to major amendments to the Coal Mine Health and Safety Act of 1969. While this act and corresponding Bureau of Mines regulations included requirements for coal waste impoundments, there was widespread confusion regarding regulatory jurisdiction and disregard for these requirements until the failure. The failure and subsequent legislative actions ultimately led to the creation of the Mine Safety and Health Administration (MSHA) in the late 1970s. MSHA regulations have continued to evolve with time, but regulatory challenges for these impoundments still exist to this day.
This presentation will focus how this failure contributed to the evolution of dam safety governance in the US, both at the federal level and the state level, including the 1973 implementation of the West Virginia dam safety regulations. The process and timeline of these changes in dam safety governance, including the hurdles to enacting the laws and to implementation of the laws, will be explored.