U· S· DEPARTMENT OF THE I:STERIOR Subio-ct Nu.-n~>r.: 

0 FFI CE 0 F SURFACE MINING r-rs_R--

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RECLAMATION AND ENFORCE.Mr..._,T Truum~n.o.J Nwnbcr: ~, 393 

~--=-:-:----.--~....-D_I_R_E...:.......;C_T_IV_E..;_ .. ...:;;.S_S.;;__Y....;;S:...T_E_M----Lr::-o_.-\a_.-._~-~~=o2_;-a7==== Subjtet: S€!ijment Control Using the Best Technoloov CurrentlY Available 

' - - A;>J)roval: VJ:/. { 1. At' _., I Title: Director 

1. Purpo~. This directive provides guidance for evaluating 

permit applications that include sediment control measures that 

represent best technology currently available. 

2. Definitions. 

a. Additional contributions of suspended solids means an 

increase l.n suspenaea SOJ.l.OS J.eavl.ng a perm1.t area during mining 

and reclamation activities, above the level that would be 

expected from the area should no mining have occurred. 

b. Siltation structure means a sedimentation pond, a 

series of sedLDentat1.on ponds, or some other treatment facility 

as defined in 30 CFR 816.46ta)(3). 

c. Other sediment control measures means the equipment, 

devices, systems, methods or techniques, such as those outlined 

in 816.45(b) and excluding siltation structures, that are 

determined to be the best technology currently available in 

accordance with 816.46(b)(l). 

d. The following terms have the meanings specified in 30 

CFR 701.5. 

(1) Best technology c·urrently available t BTCA). 

(2) Sedimentation pond. 

(3) Suspended solids. 

3. 'Policy/Procedures. 30 CFR 816.46(b)(2) and 817.46(b)(2) 

have been suspended by the Office of Surface Mining Reclamation 

and Enforcement tOSMRE). Therefore, the definition of BTCA 

contained in 30 CFR 701.5 is controlling. The standard for 

evaluating BTCA is the prevention, to the extent possible, of 

additional contributions of suspended solids to streamflow or 

runoff outside the permit area. In no event shall additional 

contribution of suspended solids be in excess of requirements set 

by applicable State or Federal law. Within the constraints of 

the applicable program, the regulatory authority (RA) has the 

discretion to determine BTCA on a case-by-case basis. 
The Office of Surface Mining Reclamation and Enforcement will 

follow this policy in administering a Federal progTam in States 

without approved State regulatory programs, and .in regulating 

coal mining operations on Indian lands and on Federal lands in 

States without a cooperative agreement, a:·nd in conducting 

oversight and evaluation of State programs. 

a. Siltation structures as BTCA. 

OSMRE anticipates that in most cases sedimentation 

ponds or some other siltation structure will be BTCA. In those 

instances the performance standards in 30 CFR 816.46(b), (c) and 

(d) and 817.46(b), (c) and (d) will continue to apply. Where 

BTCA includes a discharge from a point source, effluent limits 

will continue to apply in accordance with 30 CFR 816.42, 817.42, 

816.45(a)(2) and 817.45(a)(2). 

b. Other sediment control measures as BTCA. 

Other sediment control measures may be found by the 

regulatory authority to constitute BTCA. In those situations, 

the performance standards of 30 CFR 816.45 and 817.45 will 

control. 

c. Monitoring. 

Surface-water monitoring plans of all permit applications must meet applicable provisions of 30 CFR 780.2l(j) or 

784.14(i). 

d. Relationship to approved State programs. 

The RA has the discretion to define BTCA or to require 

that all runoff pass through sediment ponds or siltation 

structures pursuant to its approved program. In the oversight of 

an approved State program or when applying these provisions to 

Federal land permit applications, OSMRE will apply the approved 

State program standards. 

e. Point source determination. 

The decision of what is or is not a point source is not 

a determination made under the Surface Mining Control and 

Reclamation Act (SMCRA); rather, such a determination is made 

under the provisions of the Clean Water Act by the agency 

responsible for implementing that Act. 

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4. Reporting Requirements. None. 

5. References. 

a. SMCRA, 30 USC 1265(b)(lO)(Bj (i) 

b. 30 CFR 701.5, 780.21, 784.14, 816.41, 816.42, 816.45, 

816.46, 817.41, 817.42, 817.45, and 817.46. 

c. Clean Water Act, 33 USC 1251 et seq. 

d. u.s. Department of Agriculture, Soil Conservation 

Service, Engineering Field Manual for Conservation Practices, 

1975. 

e. Handbook of Alternative Sediment Control Methodologies 

for Mined Land, Mining and Reclamation Council of America, 

Washington •. D.C., 1985. 

6. Effect on Other Documents. Supersedes memorandum dated 

Sept. 17, 1986, from Deputy Director, Operations and Technical 

Services, to the Assistant Directors, Field Operations, and Field 

Office Directors. 

7. Effective Date. Upon issuance. 

8. Contact. Division of Technical Services, (202) 343-1480. 

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