| |
|
The U.S. Environmental Protection Agency and the Office of Surface Mining Reclamation and
Enforcement, Western Regional Coordinating Center’s Office of Technology Transfer (WRCC-OTT), co-sponsored three workshops to coordinate implementation of new EPA regulations:August 11, 2004, Denver, CO; August 12, 2004, Farmington, NM; August 14, 2004, Casper, WY.
In January 2002, the EPA promulgated a new Western Alkaline Coal Mining Subcategory (40 CFR Part
434) to control erosion and sediment. The new subcategory covers alkaline mine drainage from
reclamation areas and certain non process areas in the arid and semiarid west. The new regulations
require that a coal mining operator design and implement Best Management Practices (BMPs) to
maintain the average annual sediment yield equal to or below pre mined, undisturbed conditions. To
achieve these results, the operator must develop a site specific sediment control plan using
established watershed modeling techniques.
A coal mine operator must obtain both a National Pollutant Discharge Elimination System permit and
a Surface Mining Control and Reclamation Act permit. One of the requirements of SMCRA is that
reclamation be conducted to restore the hydrologic balance of pre-mining conditions. The newly
promulgated NPDES regulations work in tandem with the SMCRA regulations by encouraging timely
reclamation using BMPs.
As stated in the preamble to the rule, it is envisioned that the new subcategory requirements will
not result in a duplication of work for either permitting authorities or coal mine operators. EPA
recognizes that the requirements for permit application provided under SMCRA section 507,
reclamation plans provided under SMCRA section 508, and inspections and monitoring provided under
SMCRA section 517 are, in most cases, substantial and adequate. EPA believes that, in many cases,
the NPDES permit authority may not have the expertise or resources to adequately review mining
related sediment control plans and associated modeling efforts. EPA envisions that approval by OSM
or the delegated authority of the modeling effort and sediment control plan will be sufficient to
satisfy the NPDES permitting authority. Additionally, both water and mining inspectors will be
inspecting the BMPs.
EPA noted in the preamble that compliance determinations would encourage and necessitate
coordination and cooperation between SMCRA and NPDES authorities. The purpose of these workshops
is therefore to: encourage the dialogue between the regulatory agencies administering the NPDES
and SMCRA programs (including Federal, State and Tribal Agencies), and the mine permit preparers
(affected parties). The goals of each workshop are to: identify areas of expertise; discuss
potential pitfalls; plan to avoid duplication of effort; identify areas where permitting can be
streamlined; and identify the need for additional or more formal agreements (such as the need for
interagency MOAs) or processes.
|
