Water quality: the real driver of reclamation

Degradation of downstream water quality identified by routine monitoring or EPA’s Total Maximum Daily Loads (TMDLs) program has been the regulatory driver for an increasing number of reclamation sites rather than mining statutes. Mine site owners have been reluctant to capitalize mine reclamation projects, in part, because of uncertainty associated with meeting State or Federal Water Quality Standards (WQS) downstream of the site following “reclamation”. If WQS are not met in the receiving stream(s) even though mining regulatory requirements are satisfied, significant liability for continued reclamation exists with no clear end point. This paper presents technical/regulatory approaches used on a site-specific basis to reduce uncertainty relating to “how much” reclamation is enough to protect downstream water quality and designated uses. The paper discusses applicability of the 40 CFR 131.10(g) Use Attainability Analysis (UAA) approach to modifying water quality standards as well as development of site-specific criteria.