Current Regulatory Framework - Coal Waste Impoundments: Risks, Responses, and Alternatives - page 19

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Current Regulatory Framework
Numerous federal and state statutes and regulations apply to coal mining
activities, including disposal of coal waste in impoundments. Some of these
statutes and regulations are specific to coal mining, such as the Federal Mine
Safety and Health Act (1977) and the Surface Mining and Reclamation Act of
1977 (SMCRA), and regulations adopted thereunder. Coal mining activities and
facilities are subject to more widely applicable statutes and regulations, such as
the Clean Air Act and the Clean Water Act and regulations adopted thereunder.
Nearly every coal waste facility is subject to regulatory requirements
imposed by MSHA and either OSM or a state with a regulatory program
approved under SMCRA. Because state program organization varies from state
to state, and because some states opt not to obtain primacy, this chapter focuses
on federal statutory provisions and MSHA and OSM regulations that directly
relate to the design, construction, operation, and closure of refuse
impoundments, as well as alternative refuse disposal techniques. Other federal
statutes that may relate to refuse impoundments and refuse disposal, including
the Clean Air Act (1970), the Clean Water Act (1977), the Safe Drinking Water
Act (1974), the Resource Conservation and Recovery Act (1976), the Migratory
Bird Treaty Act (1918), and the Endangered Species Act (1973), are discussed
in less detail. These statutes involve federal agencies, like the U.S.
Environmental Protection Agency (EPA), the U.S. Army Corps of Engineers,
the U.S. Fish and Wildlife Service, as well as state agencies with an
implementation role under those statutes.
FEDERAL MINE SAFETY AND HEALTH ACT
Congress specifically stated that the purpose of the Federal Mine Safety
and Health Act of 1977 was to establish mandatory standards to protect the
health and safety of miners (30 U.S.C. [United States Code] § 801 (a) and