Coal 1991

In 1991, environmental issues related to coal mining continued to be an integral part of managing a cost-effective operation. Environmental regulations and their implementation can create considerable cost burdens on operating mines. Environmental responsibilities require management decisions to be made on a whole systems approach that is comprehensive in costs and consequences. Most of the regulatory activity in 1991 that affected coal was related to reauthorization or revision of several pieces of legislation. Issues related to the reauthorization of the Clean Water Act, the Resource Recovery and Conservation Act (RCRA) and Abandoned Mine Land. Clear Water Act considerations will encompass discharge standards, wetlands issues and proposals to regulate ground water quality at the federal level. Discussion regarding RCRA includes efforts to expand regulatory authority into the area of coal mine waste. That is currently regulated by the Office of Surface Mining (OSM). Another RCRA consideration will be the disposal of coal combustion byproducts. Abandoned Mine Land reauthorization continues the Abandoned Mine Land tax on coal operators. This tax has been in effect since 1977. Regulatory revisions were also proposed by the Department of Interior on valid existing rights, subsidence, federal coal leasing programs and OSM's troubled Applicant Violator System. Industry officials have been critical of the revisions. A federal appeals court found that evidence supported claims by Whitney Benefits, Inc. that the passage of the Surface Mining Control and Reclamation Act (SMCRA) deprived the owner of full economic use of its property. Before SMCRA's passage, Whitney established an operating agreement with Peter Kiewit Sons Co. to mine coal.