## Regulatory Requirements

for 

## Water Management at Surface Coal Mines

National Mining Association

Presentation for the Environmental Protection Agency February 5, 2014

SMCRA (Surface Mining Control and Reclamation Act) rules require sedimentation ponds for all disturbed

areas on surface coal mines

30CFR § 816.46 Administered by the Office of Surface Mining and the states CWA (Clean Water Act) rules contain effluent limits for discharges

from surface coal mines

(40CFR § 434 administered by EPA and the states)

These two rules, combined, assure that water from disturbed areas at surface coal mines is controlled through designed pond structures and discharges meet effluent limits .Disturbed area (coal mining)

Undisturbed area (coal mining)

Sedimentation ponds required by SMCRA are constructed at the edge of disturbed areas to contain runoff. Water is released from the ponds down its natural drainage only when it meets CWA NPDES effluent limits.Sedimentation ponds have different sizes and shapes, depending on watershed size and landscape characteristics. Some have drawdown valves, some must be pumped, and some are designed as decant or “flow

through” systems.

Ponds are sized and managed to

contain stormwater runoff from a prescribed storm event. All sedimentation ponds must be designed and certified by a registered professional engineer, and approved by the state SMCRA permitting authority or OSM.Disturbed area being mined

– runoff controlled by sedimentation ponds, subject to
NPDES numeric effluent limits

Haul road across undisturbed land

– runoff controlled by BMP’s (no point discharges for sampling), subject to OSM erosion control requirements AND NPDES stormwater rules

OSM’s rules specifically exempt roads and small miscellaneous areas from the sedimentation pond requirement because of the impracticality of constructing sedimentation ponds for these areas (ponds would negatively impact road integrity, compromise miner safety, and increase land disturbance significantly). But these areas are still subject to non

- numeric erosion control requirements in SMCRA rules.Almost all areas on surface coal mines drain to sedimentation ponds and discharges must meet numeric limits. Much smaller areas, such as entrance roads, roads connecting mine areas, and miscellaneous small stockpile and storage areas, are subject to separate stormwater rules following agency approval. Some mines have two permits, one for point source discharges and one for stormwater, others have the conditions combined into one permit. Mine areas controlled by sedimentation ponds, subject to numeric limits in NPDES permit

Haul roads subject to storm water rules (BMP’s installed, maintained & inspected) and OSM erosion control requirements 1 mile

### Surface coal mines use several different techniques for erosion control, where sedimentation ponds cannot be constructed, to meet both OSM & EPA requirements.

### Surface coal mine operators effectively control erosion through the control of runoff in order to meet stormwater rules and mining permit requirements.Regulatory Requirements for Water Management at Surface Coal Mines Summary

• OSM and EPA (and primacy states), through SMCRA and the CWA, overlap in regulation of surface water quality from surface coal mines

• Runoff from almost all areas affected at surface coal mines is required to pass through designed sedimentation ponds (SMCRA) and must meet numeric limits when leaving the mine site (CWA)

• OSM specifically exempted certain areas from the sedimentation pond requirement, such as roads, where pond construction is not practical

• Because exempted areas do not flow though discharge points, runoff flow samples cannot be reasonably taken for numeric water quality analyses

• Exempted areas must still meet non

- numeric erosion control standards by OSM, and also are subject to stormwater rules under the CWA

• Conditions and requirements for stormwater controls are described in the NPDES stormwater permit

– many are duplicated in the operator’s SMCRA permit

• Surface coal mines can control erosion and runoff from their own construction, but may have no control over water quality for flows from upstream watersheds that flow under their roads, through culverts or crossings