First, some clarification may be in order. Mountaintop removal is a method of surface coal mining where the land is not returned to its original contour to achieve a specific land use following mining (equal to or better than the pre-mining land use). This Mountaintop removal method is allowed by and defined in the Surface Mining Control and Reclamation Act of 1977 (SMCRA) at section 515(c)(1). Mountaintop removal is only one of several coal mining methods in steep slope Appalachian (including contour, area mining, etc.) that we call collectively "mountaintop mining." Many of these mining methods return the land to its approximate original contour. We make this distinction because it is common for people to use the term "mountaintop removal" (which has a legal connotation in the statute) interchangeably with the more colloquial term "mountaintop mining."

The implementing Surface Mining Control and Reclamation Act regulations applicable to all types of mountaintop mining methods are 30 Code of Federal Regulations (CFR) The mountaintop removal method is covered in 30 CFR section 824.

The Office of Surface Mining recently released an Environmental Impact Statement (EIS) on mountaintop mining with several other federal agencies and the State of West Virginia. Many available studies about the environmental impacts of mountaintop mining have been referenced in that document.

Coal companies must obtain a surface coal mining permit from the authority that is responsible for implementing Surface Mining Control and Reclamation Act in the location where the coal will be mined. In most cases, that is the state government. State regulations can be no less restrictive than the regulations established by Congress in Surface Mining Control and Reclamation Act.

Although Surface Mining Control and Reclamation Act is a federal law, Congress structured the program in such a way that states would be the primary authorities responsible for enforcing the law, establishing regulations and performance standards and issuing surface mining permits.

To fully address the question, one should review the federal regulations, in particular, 30 CFR Subchapter G -- Surface Coal Mining And Reclamation Operations Permits. And Coal Exploration Systems Under Regulatory Programs. 30 CFR Parts 773-780 address requirements for obtaining a Surface Mining Control and Reclamation Act of 1977 permit for all methods of coal mining. 30 CFR section 785.14 specifically addresses permits for the mountaintop removal mining method.

Coal operators must also obtain a Clean Water Act permit from the US Army Corps of Engineers if they plan to place material in or mine through waters of the United States. Because the Corps has responsibility for regulating placement of "dredge and fill" material in the waters of the United States a surface coal mining operation must obtain what is known as a Clean Water Act Section 404 permit from the Corps. (The link Corps' main webpage is at www.hq.usace.army.mil/hqhome)

On the Corps regulatory program webpage there are links to their program requirements for mountaintop mining and fills. They also have many district offices regulating mining throughout the coalfields. For instance, their Louisville, Kentucky District has specific information on the regulatory program permitting and impact mitigation requirements at: www.lrl.usace.army.mil/orf/default.asp.

The U.S. Environmental Protection Agency and U.S. Fish and Wildlife Service coordinate with the Corps and Surface Mining Control and Reclamation Act regulatory agencies in the review of coal mining applications under the Clean Water Act, Endangered Species Act, National Environmental Policy Act and the Fish and Wildlife Coordination Act.

These requirements are found in the regulations of the states in which mountaintop mining reclamation is conducted. Office of Surface Mining approval of those programs is in 30 CFR Subchapter T. Federal regulations and performance standards can be found at 30 CFR Subchapter K -- Permanent Program Performance Standards.

The inspection and enforcement procedures for the federal regulations are at 30 CFR Subchapter L. Coal operators can be assessed civil penalties if they violate Surface Mining Control and Reclamation Act or the regulations.

Before they begin mining, coal companies must post a bond to pay for the eventual reclamation of the site. In order to get their bond released - that is, to get their money back - they must reclaim the site to meet the standards set by the state or tribe that is responsible for implementing Surface Mining Control and Reclamation Act. For more about performance bonds, see 30 CFR Subchapter J - Bonding and Insurance Requirements for Surface Coal Mining and Reclamation Operations.

The Office of Surface Mining also maintains an "Applicant Violator System," which tracks companies and individuals who have violated permits. Individuals with an uncorrected violation are blocked from receiving new permits 30 CFR 773.12. States who are considering permit applications can refer to the Applicant Violator System to find out what the enforcement history of a company or person has been.

The Applicant Violator System also works to mitigate the effects of past mining by aggressively pursuing reclamation of abandoned coal mines. For example, in the recent bankruptcy of a coal company called Horizon, Applicant Violator System made sure that there would continue to be someone responsible for reclaiming the company's mining sites even when the company went out of business.

The Office of Surface Mining doesn't have information comparing the benefits of different mining techniques. For information on mining economics, we suggest that you direct your questions to a mining company or a mining association.

While that is certainly a valid question for debate, it doesn't fall within the Office of Surface Mining's ability to address. Congress considered the issue in 1977 and expressed the nation's policy then by enacting the Surface Mining Act. The Office of Surface Mining is charged by Congress through Surface Mining Control and Reclamation Act section 102 with overseeing state regulation of surface mining and reclamation to balance environmental protection with providing coal for the nation's energy needs.

The decisions to mine a particular coal deposit and the technique by which it is mined are made by those who have acquired the rights to mine the coal. The Office of Surface Mining doesn't govern those mineral rights or decisions on mining methods-provided the mining can be conducted in compliance with the Congressional mandates in Surface Mining Control and Reclamation Act and the implementing regulations. This question is best answered by the mining industry or mining associations.