Current Regulatory Framework - Coal Waste Impoundments: Risks, Responses, and Alternatives - page 30

delegate program having primacy for mining, reclamation, and
enforcement activities under OSM purview is responsible for regularly
inspecting mines and responding to inquiries.
Observations
Like the MSHA regulations, the OSM regulations speak almost
exclusively to the engineering aspects and stability of the embankment. The
OSM regulations (30 C.F.R. §§ 816.49 and 816.84) mention no engineering,
inspection, or reporting requirements for the impoundment basin area. These
sections expressly pertain to structures that either are constructed of, or are built
to impound, coal waste. While authority to require investigations of the
impoundment basin area may be implied in general OSM regulations, since the
basin is part of the impoundment, that authority is not explicit.
OTHER FEDERAL LAWS AND STATE DELEGATE
PROGRAMS RELEVANT TO REFUSE DISPOSAL PRACTICES
Many federal and state laws may be applicable to coal mining activities
and the operation of coal refuse disposal facilities. Significant federal laws
relating to coal mining include the Clean Air Act (42 U.S.C. §§ 7401, et seq. ),
the Clean Water Act (33 U.S.C. §§ 1251, et seq. ), the Safe Drinking Water Act
(42 U.S.C. §§ 300f, et seq. ), and the Resource Conservation and Recovery Act
(42 U.S.C. §§ 6901, et seq. ), where initial administrative and enforcement
authority was assigned to the U.S. EPA. EPA may assign primary authority for
its programs to the states provided that the states have established legal
authority, a responsible agency, and an equivalent or more stringent program
than that mandated by federal law and rulemaking. Because state program
organization varies from state to state, and because some states opt not to obtain
primacy, the following discussion focuses only on the federal requirements that
must be carried through in a primary state program. These statutes are also
implemented through detailed regulations found primarily in Titles 33 and 40 of
the Code of Federal Regulations.
Clean Air Act
The Clean Air Act may require a coal operator to obtain a permit for
particulate emissions released during coal preparation (42 U.S.C. § 7661a;