El medio ambiente en la minería

71 WlLUAM B. SCHMIDT coal mining. While these regulatory schemes have their own significant at– tributes~ even these Federal programs draw heavilyon tbe media-based regula– tions. SMCRA'S regulation of liquid effluents from coal mining operations are a subset 'of thestandards developed under the Federal Clean Water Act (CWA). For the sake of simplicity we wiIl confine the discussion to U. S. Federal regulations that, as far as media-based environmental regulations are con– cerned, are generaIly administered by the U. S. Environmental Protection Agency (EPA). EPA has the responsibility for establishing and administering the regulations associated with the environmental laws most affecting the ongoing operations of the U. S. minerals industry - the Clean Water Act, the Clean Air Act (CAA), and the Resource Conservation and Recovery Act (RCRA). Each of the laws were passed at different times, have becn amended several times subsequent to original passage, and employ dífferent regulatory schemes. The media-specific approach has certain advantages. It allows both tbe legis– lators and the regulators lo focus on a particular class of problems, e.g., water contamination, and deal with the problems and remedies in a manner consis– tent with tbe media ofconcern. The process oC risk assessment in the U. S. has becn developed to its present degree using tbis approach. It aIlows tbose responsible to look at a range of effects associated with contamination of the media and prioritize efforts on those contaminants of greatest concern. It focusses attention on the solution to "the problem" ínsteadofon the particular industry and its real or imagined sins. On the other hand, there are certain recognized problems with the approach. One that EPA is increasingly concemed about is that it tends to ignore the problem of cross-media contamination. A contaminant captured using the prescribed best available technology under one media-specific regulation, e.g., a water treatment sludge, may end up presenting an equally formidable problem to another media, safe disposal of solid waste. Another problem is that industry-specific needs are difficult to accommodate without tearing the fabric of the regulatory scheme. An exception for one segment of industry creates pressures to exempt or accommodate others who discharge the same 80rt of contaminants. 111. ENFORCEMENT Enforcement philosophy should also be a matter ofinterest to those consider– ing environmental regulatory options. The enforcement provisions of U. S. statutes are founded both on our traditions and the specific sentiment of our