Does
SMCRA
provide
for/
require
groundwater
standards?
If
so,
where
are
they
in
the
regs.
and/
or
statute?
What,
in
fact,
are
they?
How
do
they
line
up
with
MCLs
(
as
opposed
to
effluent
limits
for
surface
water)?

No,
SMCRA
does
not
establish
ground
water
standards,
in
the
sense
of
MCLs.
SMCRA
was
enacted
to
"
protect
society
and
the
environment
from
the
adverse
effects
of
surface
coal
mining
operations"
(
30
U.
S.
C.
1202
sec.
102).
The
SMCRA­
based
regulations
use
the
individual
permits
to
control
the
environmental
impacts
associated
with
coal
mining
using
specified
information
requirements
and
performance
standards
prescribing
the
acceptable
degree
of
impact
as
a
result
of
coal
mining
activities.

Surface
coal
mining
is
very
"
interactive"
with
the
environment.
Which
is
a
kind
way
to
say
mining
can
be
disruptive,
even
destructive
to
water­
bearing
aquifers
as
the
ground
is
removed
to
reach
the
coal.
The
permitting
process
requires
companies
to
state
how
all
problem
areas
will
be
controlled
during
mining
and
restored
through
reclamation.
SMCRA­
based
regulations
emphasize
restoring
land
use,
minimizing
impacts
within
the
permit
and
preventing
unacceptable
impacts
outside
the
permit
area,
and
protecting
or
replacing
water
rights
(
subject
to
existing
State
water
rights
laws).
.

SMCRA
provides
for
ground­
water
protection
through:
1)
the
Federal
and
State
regulations
that
apply,
2)
the
determination
of
probable
hydrologic
consequences
(
PHC)
required
from
the
operator
as
part
of
the
permit
application
and
3)
the
cumulative
hydrologic
impact
assessment
(
CHIA)
done
by
the
coal
mining
regulatory
authority
as
part
of
the
review
process
leading
to
permit
approval
or
permit
denial.
These
hydrologic
analyses
are
required
for
every
permit
application.

Some
pertinent
regulations
follow:

30
CFR
816.41(
a)
"
All
surface
mining
and
reclamation
activities
shall
be
conducted
to
minimize
disturbance
of
the
hydrologic
balance
within
the
permit
and
adjacent
areas,
to
prevent
material
damage
to
the
hydrologic
balance
outside
the
permit
area,
to
assure
the
protection
or
replacement
of
water
rights,
and
to
support
approved
postmining
land
uses
in
accordance
with
the
terms
and
conditions
of
the
approved
permit
and
the
performance
standards
of
this
part.
The
regulatory
authority
may
require
additional
preventative,
remedial,
or
monitoring
measures
to
assure
that
material
damage
to
the
hydrologic
balance
outside
the
permit
area
is
prevented.
Mining
and
reclamation
practices
that
minimize
water
pollution
and
changes
in
flow
shall
be
used
in
preference
to
water
treatment."

30
CFR
780.21(
i)(
2)
"
The
plan
shall
provide
for
the
monitoring
of
parameters
that
relate
to
the
suitability
of
the
ground
water
for
current
and
approved
postmining
land
uses
and
to
the
objectives
for
protection
of
the
hydrologic
balance
set
forth
in
paragraph
(
h)
of
this
section.
It
shall
identify
the
quantity
and
quality
parameters
to
be
monitored,
sampling
frequency,
and
site
locations.
It
shall
describe
how
the
data
may
be
used
to
determine
the
impacts
of
the
operation
upon
the
hydrologic
balance.
At
a
minimum,
total
dissolved
solids
or
specific
conductance
corrected
to
25
°
C,
pH,
total
iron,
total
manganese,
and
water
levels
shall
be
monitored
and
data
submitted
to
the
regulatory
authority
at
least
every
3
months
for
each
monitoring
location.
The
regulatory
authority
may
require
additional
monitoring."
30
CFR
780.21(
e)
"
If
the
PHC
determination
required
by
paragraph
(
f)
of
this
section
indicates
that
the
proposed
mining
operation
may
proximately
result
in
contamination,
diminution,
or
interruption
of
an
underground
or
surface
source
of
water
within
the
proposed
permit
or
adjacent
areas
which
is
used
for
domestic,
agricultural,
industrial
or
other
legitimate
purpose,
then
the
application
shall
contain
information
on
water
availability
and
alternative
water
sources,
including
the
suitability
of
alternative
water
sources
for
existing
premining
uses
and
approved
postmining
land
uses."

How
do
they
line
up
with
MCLs
(
as
opposed
to
effluent
limits
for
surface
water)?

MCLs
are
reference
tools
in
dealing
with
water
resources,
especially
drinking
quality
water.
In
areas
of
past
and
present
coal
mining,
water
quality
often
does
not
meet
the
drinking
water
standards.
The
specific
water
criteria
for
an
individual
permit
is
based
on
collected
background
data
for
the
local
hydrology
and
water
quality
that
is
specific
to
that
coal
mining
permit.
SMCRA­
based
regulations
start
with
the
collected
local
data
for
hydrology
and
geology
instead
of
drinking
water
standards.
The
specific
water
standards
for
each
permit
would
be
considered
an
alternate
standard
under
RCRA­
based
regulations.

Water
discharges
from
a
permit
must
still
meet
effluent
limits
set
by
other
State
and
Federal
standards
as
acknowledged
in
SMCRA­
based
regulations.
But,
there
are
exceptions
for
remining,
western
alkaline
coal
mining,
and
the
background
water
quality
levels.

Some
pertinent
regulations
follow:

30
CFR
780.21(
h)
The
hydrologic
reclamation "
plan
shall
be
specific
to
the
local
hydrologic
conditions.
It
shall
contain
the
steps
to
be
taken
during
mining
and
reclamation
through
bond
release
to
minimize
disturbances
to
the
hydrologic
balance
within
the
permit
and
adjacent
areas;
to
prevent
material
damage
outside
the
permit
area;
to
meet
applicable
Federal
and
State
water
quality
laws
and
regulations;
and
to
protect
the
rights
of
present
water
users.
The
plan
shall
include
the
measures
to
be
taken
to:
Avoid
acid
or
toxic
drainage;
prevent,
to
the
extent
possible
using
the
best
technology
currently
available,
additional
contributions
of
suspended
solids
to
streamflow;
provide
water­
treatment
facilities
when
needed;
control
drainage;
restore
approximate
premining
recharge
capacity
and
protect
or
replace
rights
of
present
water
users.
The
plan
shall
specifically
address
[
any]
potential
adverse
hydrologic
consequences
identified
in
the
PHC
determination 
and
shall
include
preventive
and
remedial
measures."

30
CFR
816.42
"
Discharges
of
water
from
areas
disturbed
by
surface
mining
activities
shall
be
made
in
compliance
with
all
applicable
State
and
Federal
water
quality
laws
and
regulations
and
with
the
effluent
limitations
for
coal
mining
promulgated
by
the
U.
S.
Environmental
Protection
Agency
set
forth
in
40
CFR
part
434."

30
U.
S.
C.
1292
sec.
702(
a)
"
Nothing
in
this
Act
shall
be
construed
as
superseding,
amending,
modifying,
or
repealing 
the
National
Environmental
Policy
Act
of
1969
(
42
U.
S.
C.
4321­
47),
or
any
of
the
following
Acts
or
with
any
rule
or
regulation
promulgated
thereunder,
including,
but
not
limited
to
­ 
(
3)
The
Federal
Water
Pollution
Control
Act
(
79
Stat.
903),
as
amended
(
33
U.
S.
C.
1151­
1175),
the
State
laws
enacted
pursuant
thereto,
or
other
Federal
laws
relating
to
preservation
of
water
quality ."
