Meeting The Requirements Of The Surface Mining Control And Reclamation Act ? Introduction

The Surface Mining Control & Reclamation Act is a complex piece of legislation signed into law on August 3, 1977. It is the culmination of more than six years of debate by the Congress over the need for a national regulation of surface mining as opposed to the prior concept of regulation by each concerned state. It departs from the more normal type of law in that it includes very specific requirements, limitations and performance standards. In its procedural aspects, it is somewhat similar to the Clean Air Act and the Water Pollution Control Act in that it places primary responsibility at the state level, provided the state meets minimum national requirements. At the time of writing this paper, in late December 1978, the Interim Regulatory Program has been in effect for seven months. The proposed regulations for the Permanent Program, the draft Environmental Impact Statement, and the draft Regulatory (Economic) Analysis ware available for eight weeks before the close of the comment period on November 27. We are now awaiting issuance of the final versions of these documents. The states in which coal is mined, for the most part, have made sere revision to their state laws and are in the process of revising their regulations, or have just completed the revision, to comply with the Initial Regulatory Procedures. They are now faced with another new major effort to analyze and plan for compliance with the Permanent Regulatory Program, which is expected to be promulgated by the Office of Surface Mining of the Department of Interior by the time this paper is presented.