COALEX REPORT 347

	Coalex Report 347

This is the Office of Surface Mining's library of COALEX Research Reports. COALEX is a database of mining and reclamation information, including the Surface Mining Law and regulations, maintained in LEXIS-NEXIS -- a commercial, on-line research service. These reports have been compiled under a cooperative agreement between the Office of Surface Mining and the Interstate Mining Compact Commission, which represents most U.S. coal producing states. The following report includes an analysis of a specific issue requested by a state regulatory authority with responsibility for carrying out the Surface Mining Law. Copies of the research reports and attachments are available to the public, upon request. For additional information, or to obtain copies of the listed attachments, contact Ron Tarquinio by phone at (202) 208-2882 or by e-mail at rtarquin@osmre.gov.

                   



COALEX State Inquiry Report - 347
November, 1998

Bo Reiley, Esquire
Department of Environmental Protection
Office of Chief Counsel, 9th Floor
Rachel Carson State Office Building
Harrisburg, Pennsylvania 17105

TOPIC: STATE SMCRA PROGRAM AMENDMENTS RELATING TO EPA REGULATIONS

INQUIRY: Must states send program amendments relating to the regulation of effluent limitations
and other such areas under EPA's purview to OSM or can they be sent directly to EPA for
approval?  Can Pennsylvania delete these regulations from their SMCRA programs? 

SEARCH RESULTS: Research was conducted using the COALEX Library and other materials
available in LEXIS.  The results of the research are summarized below.  Excerpts from the items
referenced are attached. 

[NOTE: Changes have been made to the SMCRA effluent regulations since 1982.   Neither the
information on those changes nor the language of the regulations currently in force are included
with this Report.]

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

   According to the legislative history of SMCRA and the preambles to the proposed rules and the
final program rules, SMCRA regulations and EPA regulations are seen as complementary, not
duplicative.  State SMCRA programs, their revisions and amendments are required to be reviewed
and approved by OSM with the concurrence of EPA.  The alternative of merely adopting the EPA
effluent guidelines under the National Pollution Discharge Elimination System (NPDES) was
considered but was rejected.  Reasons for rejecting this alternative, as stated in the preamble to
the Permanent Program Final Rules (44 FR 14902; March 13, 1979) include the following:

   1)  The NPDES regulations "apply only during the active phase of mining operations and do not
extend to the reclamation phase of mining.  Further, neither the NPDES permit system nor EPA's
regulations cover  nonpoint' source discharges to surface water, any discharges to ground water,
or discharges to surface waters that do not meet the agency's definition of  waters of the United
States.'"

   2) "The NPDES system also assumes the existence of a point source discharge before
applicable effluent limitations attach to the discharge.  This system would leave entirely
unregulated any non-point discharges, of which surface and underground mining activities have
many, largely resulting from the storm water runoff over surface areas and ground waters exiting
underground mine workings.  Under Sections 102, 506, 510, 515, 516, and 517 of the Act,
however, all water discharged as a result of coal mining and reclamation operations which could
materially damage the hydrologic system are to be regulated through a permit system and
regulations, which will require collection of non-point runoff and treatment to limit discharges of
pollutants to ground or surface waters."


ATTACHMENTS
A.   H. REP. 218, 95th Cong. 1st Sess. 142 (April 22, 1977; HR 2). [Excerpts]
B.   42 FR 62639 (DECEMBER 13, 1977).  Final rules. [Excerpts]
C.   43 FR 41662 (SEPTEMBER 18, 1978).  Proposed rules.  Section 816.42.  [Excerpts]
D.   44 FR 14902 (MARCH 13, 1977).  Permanent Program Final Preamble -- Final rules. 
     Section 816.42 Hydrologic balance: Water quality standards and effluent limitations. 
     [Excerpts]
E.   47 FR 47216 (OCTOBER 22, 1982).  Final rule.  Water quality standards and effluent
     limitations.  [Excerpts]


Research conducted by: Joyce Zweben Scall

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