A Guide to the Surface Mining Control & Reclamation Act Requirements, Process, and Compliance

The Surface Mining Control and Reclamation Act (SMCRA) is a critical federal law that shapes the environmental landscape of coal mining in the United States. This comprehensive guide delves into the intricacies of SMCRA, offering a clear and accessible path to understanding its key provisions, regulatory standards, and compliance requirements. From exploring the Act's role in protecting water resources, wildlife, and cultural heritage to navigating the complexities of permitting, reclamation, and enforcement, this guide provides an essential foundation for effectively managing the environmental aspects of surface coal mining projects. By the end of this guide, readers will have gained a solid grasp of SMCRA's history, its interaction with other environmental regulations, and the tools available for achieving and maintaining compliance, setting the stage for environmentally responsible mining practices that prioritize the restoration and preservation of our nation's natural resources.

GENERAL INFORMATION

Key Details of the Surface Mining Control & Reclamation Act

Issuing Agency: Office of Surface Mining Reclamation and Enforcement (OSMRE), U.S. Department of the Interior

Year Established: 1977

Last Amended: 2006

Statutory Authority: Surface Mining Control and Reclamation Act of 1977

Primary Legal Reference: Title 30, Chapter VII of the Code of Federal Regulations

What is the Surface Mining Control & Reclamation Act?

The Surface Mining Control and Reclamation Act (SMCRA) is a comprehensive federal law that regulates the environmental effects of coal mining in the United States. Enacted in 1977, SMCRA established a program for the regulation of surface coal mining operations and the reclamation of coal-mined lands. The law creates a cooperative regulatory program between the federal government, through the Office of Surface Mining Reclamation and Enforcement (OSMRE), and state governments.

The primary goals of SMCRA are to protect society and the environment from the adverse effects of surface coal mining operations, promote the reclamation of mined areas left without adequate reclamation, and mitigate the effects of past mining practices that created environmental and safety hazards. The law sets forth minimum requirements for all coal surface mining operations on federal and state, including exploration, site development, mining, reclamation, and post-mining activities.

SMCRA employs a permitting system, environmental performance standards, bonding requirements, and enforcement mechanisms to achieve its objectives. The law also established the Abandoned Mine Land (AML) program, which provides funding for the reclamation and restoration of land and water resources adversely affected by past coal mining practices.

The regulation applies to all surface coal mining operations and surface effects of underground coal mining on non-federal and non-Indian lands within the United States. However, it does not apply to the extraction of coal by a landowner for their own noncommercial use from land owned or leased by them.

What does the Surface Mining Control & Reclamation Act protect?

The Surface Mining Control and Reclamation Act protects a wide range of environmental resources from the adverse impacts of coal mining operations. These include:

1. Water resources: SMCRA aims to prevent the pollution of surface and groundwater by acid mine drainage, toxic mine waste, and other mining-related contaminants. The law requires mining operations to minimize disturbances to the prevailing hydrologic balance and to avoid acid or other toxic mine drainage.

2. Land and soil: The regulation mandates the reclamation of mined lands to a condition capable of supporting the uses which it was capable of supporting prior to any mining, or higher or better uses. This involves backfilling, compacting, and grading the mined area to restore the approximate original contour of the land.

3. Wildlife and habitats: SMCRA requires mining operations to minimize disturbances and adverse impacts on fish, wildlife, and related environmental values, and to achieve enhancement of such resources where practicable. Reclamation efforts must also establish a diverse, effective, and permanent vegetative cover of the same seasonal variety native to the area.

4. Air quality: The law aims to protect air quality by requiring mining operations to stabilize and protect all surface areas, including spoil piles, to effectively control erosion and air pollution attendant to erosion.

5. Historic and cultural resources: SMCRA mandates that mining operations identify and protect historic and archaeological sites, as well as publicly owned parks, places included in the National Register of Historic Places, and other areas of unique historic, religious, or cultural significance.

REGULATORY SCOPE & JURISDICTION

Regulated Activities, Entities & Prohibited Substances

The Surface Mining Control and Reclamation Act (SMCRA) regulates the environmental impacts of coal mining operations in the United States. The Act sets standards for coal mining operations, requires reclamation of mined lands, and establishes a program for the regulation of surface coal mining and reclamation operations by the states, with federal oversight.

Under SMCRA, the following activities and entities are regulated:

• Surface coal mining operations
• Underground coal mining operations
• Coal exploration operations
• Coal processing plants
• Coal waste disposal facilities

SMCRA prohibits the following activities and substances:

• Mining on certain lands, such as national parks, wildlife refuges, and wilderness areas
• Dumping of overburden, waste materials, or debris on the downslope below the mining operation
• Discharging of toxic mine drainage into water bodies
• Leaving unreclaimed lands in a degraded condition after mining operations cease

These prohibitions are in place to protect the environment, wildlife, and public health from the adverse impacts of coal mining, such as water pollution, soil erosion, and habitat destruction.

Key Sections of the Surface Mining Control & Reclamation Act

Section 507 - Application Requirements for Permits

• Purpose: Establishes the requirements for permit applications for surface coal mining and reclamation operations.
• Key requirements: Applicants must provide detailed information about the proposed operation, including maps, plans, and environmental assessments.
• Significance: Ensures that regulators have sufficient information to evaluate the potential impacts of the proposed operation and make informed permitting decisions.

Section 508 - Reclamation Plan Requirements

• Purpose: Sets forth the required components of a reclamation plan for surface coal mining and reclamation operations.
• Key requirements: The reclamation plan must describe how the operator will restore the mined land to its approximate original contour, minimize disturbances to the hydrologic balance, and revegetate the area.
• Significance: Ensures that mined lands are properly reclaimed to minimize environmental impacts and restore the land to a usable condition.

Section 515 - Environmental Protection Performance Standards

• Purpose: Establishes the minimum environmental protection standards for surface coal mining and reclamation operations.
• Key requirements: Operators must minimize disturbances to the prevailing hydrologic balance, protect water quality, and restore the mined land to a condition capable of supporting its prior use or higher or better uses.
• Significance: Sets the benchmark for environmental performance and ensures that coal mining operations are conducted in an environmentally responsible manner.

Section 520 - Citizen Suits

• Purpose: Allows citizens to bring civil actions against any person or government agency for violations of SMCRA.
• Key requirements: Citizens must provide 60 days' notice to the alleged violator and the regulatory authority before filing a suit.
• Significance: Empowers citizens to play an active role in enforcing SMCRA and holding violators accountable for their actions.

Relationship to Other Regulations & Agencies

SMCRA interacts with several other federal, state, and local regulations and agencies:

1. Clean Water Act (CWA): SMCRA requires compliance with the CWA for discharges from coal mining operations. The Environmental Protection Agency (EPA) and state agencies administer the CWA.
2. National Environmental Policy Act (NEPA): SMCRA permit applications may require an environmental impact statement (EIS) under NEPA. The Council on Environmental Quality (CEQ) oversees NEPA implementation.
3. Endangered Species Act (ESA): SMCRA requires consideration of threatened and endangered species in the permitting process. The U.S. Fish and Wildlife Service (FWS) administers the ESA.
4. State Agencies: States with approved SMCRA programs have primary responsibility for implementing and enforcing the Act. State agencies review permit applications, conduct inspections, and take enforcement actions.
5. Office of Surface Mining Reclamation and Enforcement (OSMRE): OSMRE, a bureau within the U.S. Department of the Interior, oversees state SMCRA programs and directly regulates coal mining operations in states without approved programs.

Coordination among these agencies is essential to ensure consistent and effective implementation of SMCRA and related environmental regulations.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Surface Mining Control & Reclamation Act (SMCRA) and its implementing regulations establish various standards and limitations to minimize the environmental impacts of surface mining activities. These standards cover aspects such as emissions limits, performance standards, and reclamation requirements.

Key regulatory standards and limitations under SMCRA include:

1. Performance Standards: SMCRA sets performance standards for surface mining operations, including requirements for restoring mined lands to their approximate original contour, minimizing disturbances to hydrologic balance, and establishing a diverse, effective, and permanent vegetative cover[^200].
2. Emissions Limits: The Act imposes limits on emissions from surface mining activities, such as particulate matter and nitrogen oxides, to protect air quality in the surrounding areas[^201].
3. Reclamation Requirements: SMCRA mandates that mined lands be reclaimed to a condition capable of supporting the uses which it was capable of supporting prior to any mining, or higher or better uses[^202]. This includes backfilling, compacting, and grading the disturbed areas, as well as restoring topsoil and revegetating the land.
4. Bonding Requirements: Mining operators must post a performance bond sufficient to cover the costs of reclamation before commencing surface mining operations[^203]. This bond acts as a financial assurance to ensure that reclamation obligations are met.

The Office of Surface Mining Reclamation and Enforcement (OSMRE) is responsible for overseeing the implementation and enforcement of these standards in cooperation with state regulatory authorities[^204]. Regular inspections, monitoring, and reporting requirements help ensure compliance with SMCRA's regulatory standards and limitations.

Monitoring, Reporting & Recordkeeping Obligations

Under the Surface Mining Control & Reclamation Act (SMCRA), regulated entities are subject to various monitoring, reporting, and recordkeeping requirements to ensure compliance and transparency. These obligations help regulatory agencies track the environmental performance of surface mining operations and identify potential violations.

Monitoring Requirements:

• Mining operators must monitor the quality and quantity of surface water and groundwater potentially affected by their operations, as well as the effectiveness of their erosion and sediment control measures[^205].
• Air quality monitoring may be required to assess the impact of mining activities on local air quality[^206].

Reporting Obligations:

• Mining operators must submit quarterly reports to the regulatory authority, detailing their compliance with performance standards, reclamation progress, and any instances of noncompliance[^207].
• Annual reports are also required, providing a more comprehensive overview of the mining operation's environmental performance and compliance status[^208].

Recordkeeping Requirements:

• Mining operators must maintain records of their monitoring data, permit application materials, and compliance-related correspondence for a specified period, typically at least three years after the completion of reclamation activities[^209].
• These records must be made available for inspection by regulatory authorities upon request[^210].

Enforcement Actions & Penalties

Inspection and Audit Procedures: The Office of Surface Mining Reclamation and Enforcement (OSMRE) and state regulatory authorities conduct inspections to monitor compliance with SMCRA. These inspections may be:

• Routine: Regular, scheduled inspections to assess overall compliance.
• Targeted: Focused inspections based on past violations or specific concerns.
• Complaint-driven: Inspections in response to citizen complaints or reports of potential violations[^211].

Penalties for Violations: Violations of SMCRA can result in various penalties, depending on the nature and severity of the violation. These penalties may include:

[^200]: 30 U.S.C. § 1265(b) - Environmental protection performance standards [^201]: 30 C.F.R. § 817.95 - Air pollution control measures [^202]: 30 U.S.C. § 1265(b)(2) - Restoring mined lands to original or better uses [^203]: 30 U.S.C. § 1259 - Performance bond requirements [^204]: 30 U.S.C. § 1211(c) - OSMRE's oversight responsibilities [^205]: 30 C.F.R. § 816.41 - Surface and groundwater monitoring requirements [^206]: 30 C.F.R. § 780.15 - Air pollution control plan requirements [^207]: 30 C.F.R. § 840.11(a) - Quarterly reporting requirements [^208]: 30 C.F.R. § 840.11(b) - Annual reporting requirements [^209]: 30 C.F.R. § 840.14 - Recordkeeping requirements [^210]: 30 C.F.R. § 840.14(b) - Access to records by regulatory authorities [^211]: 30 U.S.C. § 1267(a) - Inspection and monitoring requirements [^213]: 30 C.F.R. § 845.14 - Administrative penalties for SMCRA violations [^214]: 30 C.F.R. § 845.15 - Assessment of civil penalties for SMCRA violations [^215]: 30 U.S.C. § 1268(e) - Criminal penalties for knowing and willful violations

ADDITIONAL RESOURCES

Regulatory History & Upcoming Changes

The Surface Mining Control and Reclamation Act (SMCRA) was enacted by Congress in 1977 to address the environmental and social impacts of coal mining in the United States.[^300] The primary goals of SMCRA were to establish a nationwide program to protect society and the environment from the adverse effects of surface coal mining operations, and to promote the reclamation of mined areas to a condition capable of supporting the uses which it was capable of supporting prior to mining.[^301]

Key provisions of the original 1977 legislation included:

1. Establishing a permitting system for coal mining operations
2. Setting performance standards for coal mining operations to minimize environmental impacts
3. Creating the Office of Surface Mining Reclamation and Enforcement (OSMRE) within the Department of the Interior to administer the law
4. Establishing the Abandoned Mine Land (AML) fund to reclaim mines abandoned before 1977[^302]

Since its enactment, SMCRA has undergone several significant amendments:

• The Abandoned Mine Reclamation Act of 1990 extended the AML fee collection authority and expanded the use of AML funds.[^303]
• The Energy Policy Act of 1992 further amended SMCRA to allow AML funds to be used for the reclamation of certain post-1977 abandoned mines.[^304]
• The Tax Relief and Health Care Act of 2006 extended the AML fee collection authority through 2021 and made other changes to the AML program.[^305]

As of 2023, there are no major proposed rules, regulatory changing or pending legislation that would significantly alter SMCRA's core provisions. However, stakeholders should stay informed about potential future changes by regularly checking the OSMRE website, subscribing to relevant industry publications, and engaging with trade associations or environmental organizations that track regulatory developments in the coal mining sector.

Additional Resources

1. Full text of the Surface Mining Control and Reclamation Act, as amended: This is the official text of the law, including all amendments through 2006. [^306]
2. "The Surface Mining Control and Reclamation Act of 1977: An Overview" by Robert E. Beck, Natural Resources & Environment, Vol. 2, No. 3 (Winter 1987), pp. 11-13, 51-52. [^309]
   • A concise overview of SMCRA's key provisions and its impact on the coal mining industry, written by a legal scholar.
3. "Surface Mining Control and Reclamation Act of 1977: A Regulatory Program in Transition" by Uday V. Desai, Environmental Law, Vol. 19, No. 2 (Winter 1989), pp. 299-339. [^310]
   • An in-depth analysis of SMCRA's implementation and effectiveness during its first decade, with a focus on the challenges and opportunities for improving the regulatory program.

[^300]: Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, 91 Stat. 445 (codified as amended at 30 U.S.C. §§ 1201-1328 (2018)). [^301]: 30 U.S.C. § 1202(a), (d) (2018). [^302]: 30 U.S.C. §§ 1231-1244 (2018). [^303]: Abandoned Mine Reclamation Act of 1990, Pub. L. No. 101-508, 104 Stat. 1388-289 (codified as amended at 30 U.S.C. §§ 1231-1243 (2018)). [^304]: Energy Policy Act of 1992, Pub. L. No. 102-486, 106 Stat. 2776 (codified as amended at 30 U.S.C. § 1232(g) (2018)). [^305]: Tax Relief and Health Care Act of 2006, Pub. L. No. 109-432, 120 Stat. 2922 (codified as amended at 30 U.S.C. § 1232(a) (2018)). [^306]: https://www.govinfo.gov/content/pkg/STATUTE-91/pdf/STATUTE-91-Pg445.pdf [^309]: Beck, R. E. (1987). The Surface Mining Control and Reclamation Act of 1977: An Overview. Natural Resources & Environment, 2(3), 11-13, 51-52. [^310]: Desai, U. V. (1989). Surface Mining Control and Reclamation Act of 1977: A Regulatory Program in Transition. Environmental Law, 19(2), 299-339.