OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 1 of 2

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 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 2 of 2

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]