COALEX REPORT 57

	Coalex Report 57

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 - 57
October 8, 1985

Steve K. Wood, Assistant Director
Division of Surface Mining
Department of Health & Environment
305 W. Springdale Avenue
Knoxville, Tennessee 37917

TOPIC: STATE REGULATORY PROGRAM/"APPLICABLE REQUIREMENTS"

INQUIRY: SMCRA Sec. 510(b)(5) contains special provision for alluvial valley floors west of the
one-hundredth meridian west longitude.  The question is whether Tennessee needs to include a
provision for alluvial valleys in proposed state regulations, even though they would not apply to
mining within the state.  Search state regulatory programs to see if other eastern states included
provisions with respect to alluvial valleys.

SEARCH RESULT: 30 CFR Sec. 732.15(b)(1) under the criteria for approval or disapproval of state
programs, requires that the state program includes provisions to "implement, administer and
enforce all applicable requirements consistent with Subchapter K of the federal regulatory
program.

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

   When the final regulations were promulgated in 1979, the word "applicable" was added to this
section in response to a commenters suggestion that otherwise states would be required to adopt
"irrelevant and inapplicable standards".

   The preamble to the 1979 discussion of Sec. 732.15(b)(1) states: 

"Addition of the word  applicable' will in no way relieve a state from its obligations to meet the
intended goals of the Act.  Inclusion of the word  applicable' relieves the states from its
compliance responsibilities only if the state can demonstrate that there is no situation within the
state which would be covered by the Act and regulations."  (44 FR 14962 (MARCH 13, 1979))

   With respect to alluvial valleys, the preamble discussion specifically states that "the special
protections offered alluvial valley floors are only applicable west of the one-hundredth meridian
and therefore need not be included in programs submitted by states east of the meridian." (Id.)

   A COALEX search of state regulatory programs identified pertinent sections with regard to
alluvial valleys under western programs, such as those of Colorado, New Mexico, Texas, and
North Dakota.  The phrase "alluvial valleys", however, was not found to appear among most of
the eastern regulatory programs including Kentucky, Maryland, Ohio, West Virginia, Indiana and
Pennsylvania.


ATTACHMENT
A    44 FR 14961-14965 (MARCH 13, 1979). 1979 Preamble discussion of 30 CFR Sec. 732.15,
     Criteria for approval or disapproval of state programs.


Search conducted by: Terri H. Petruska

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