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retention pond has been sized for the 100-year, 24-hour storm. Discharge from the retention pond to Parachute Creek will adhere to the limitations and conditions for process water discharge as defined in the CDPHE CDPS General Permit No. COG- 500000. American Soda's facility would be covered under Colorado's Sand and Gravel General Permit for potash, soda, and borate mines (Permit No. COG-500000). A stormwater permit is required only if runoff contacts overburden, raw material, intermediate or finished product, or waste products. At both sites, raw materials, products, and wastes will either be located indoors of within outdoor areas that have runoff routed to a retention pond. Overburden is not disturbed in American Soda's mining project. These conditions will be discussed further in the preliminary SWMP as provided in Appendix A. The final SMWP will be developed at the time of permit submittal as required by the CDPHE CDPS general permit. 3.2 RCRA Preparedness, Prevention, and Contingency Plans RCRA plans are required for facilities that generate, treat, store, and/or dispose of hazardous wastes. Hazardous wastes are regulated by the Resource Conservation and Recovery Act (RCRA) and are defined in 40CFR Part 261. All hazardous chemicals (OSHA-defined), hazardous materials (DOT-defined), toxic chemicals (SARA-defined), extremely hazardous substances (SARA-defined), and hazardous substances (CERCLA- defined) are not necessarily hazardous wastes. First the material must be a waste (meaning it will be discarded and will not be recycled) and it must have either a hazardous waste characteristic or must be on a hazardous waste list (40CFR Part 261 Subparts C and D, respectively). American Soda does not anticipate the generation of RCRA hazardous wastes in the normal mining or processing operations of the Yankee Gulch Project. However, American Soda may generate hazardous wastes from the following miscellaneous activities: • discarding raw materials (OSHA-defined hazardous chemicals) that have expired and cannot be returned to the manufacturer (i.e. a boiler treatment chemical with a pH greater than 12.5 would be a "characteristic" hazardous waste because it would be corrosive) • generation of solvent-based paint waste by maintenance activities on plant facilities (i.e. the solvents in the paint may cause the flash point to be less than 140°F and the solvents may be "listed" by RCRA, thus the waste paint would be a "characteristic" hazardous waste because it is ignitable and also a "listed" waste) These are hypothetical situations that could occur at either the Piceance or Parachute Sites, but will not be a part of normal operations. 5 Preliminary Response Plan Yankee Gulch Sodium Minerals Protect American Soda, L.L.P.