Program Implementation

A primary objective of the Surface Mining Control and Reclamation Act is to establish uniform national regulatory standards to protect the environment during mining and for reclaiming land after it is disturbed by current and future surface coal mining. In recognition of the wide range of climatic and geologic conditions in coal-producing areas, Congress provided that individual states may establish their own programs for regulating surface and underground coal mining and reclamation on private land. The standards for state programs must be at least as effective as the federal standards. Initial and Permanent Regulatory Programs Congress recognized the importance of establishing regulations to implement the Act as quickly as possible, while recognizing that the preparation of such complex regulations would be a lengthy process. Consequently, a two-phase schedule was established. An abbreviated initial program was put in place immediately, followed by a more extensive and detailed permanent regulatory program. The initial program regulations were published in December 1977, and mine permits issued by states after February 1978 were required to conform with those regulations. Regulatory provisions contained in the initial program included 12 basic performance standards, continuation of existing state permitting, bonding, and enforcement processes (although if those features did not already exist, they did not have to be added), a federal inspection frequency of once every six months, joint state and federal inspection and enforcement in states that had existing programs, and the prohibition of mining in the specific areas listed in the Act. Permanent program regulations were published in March 1979, following extensive review and comment from the public, including the coal industry and organized environmental groups. The regula¬tory provisions in the permanent program expanded those in the interim program by including the implementation of all performance standards contained in SMCRA, a new permitting process, a requirement for performance bonds, an increased inspection frequency (one per month), a new enforcement process, and a process for designating lands unsuitable for surface mining. The regulations for the permanent program have been revised several times since 1979; more revisions can be made as new mining and reclamation tech¬niques are developed. Such changes were anticipated by Congress; in fact, a provision in SMCRA for experimental practices encourages advances in mining and reclamation techniques.