Laserfiche WebLink
United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />BROOKS TOw'ERS <br />1020 15TH STREET <br />DENVER. COLORADO 80202 <br />OFFICE OF THE REGIONAL DIRECTOR <br />DEC ~ e 196L' <br />Catherine Chachas <br />Environmental Engineer <br />Western Slope Carbon <br />315 East 24D South <br />P,0, Boz 1526 <br />Salt Lake City, Utah 84110 <br />Dear Ms. Chachas: <br />~~P ~3 <br />~g~~ <br />~D <br />OEC 2? 1980 <br />WEStERN SLOPE CARBON, INC. <br />In response to your letter of November 18, 1980, regarding the appropriate <br />Federal agency for the regulation of wastes generated at the Hawk's Nest Mine, <br />members of my staff met with representatives of EPA-Region VIII to discuss your <br />question in relation to the Resource Conservation and Recovery Act (RCRA) and <br />the Surface Mining Control and Reclamation Act (SMCRA). These discussions <br />focused on the applicability of these acts and related regulations to mine <br />waste disposal at coal mines. Although the regulatory picture regarding such <br />waste disposal is not totally clear at this point, it may be summarized as <br />follows: OSM currently regulates disposal of waste materials on coal mine <br />• sites pursuant [0 30 CFR 741 et seq. while EPA regulates disposal of spent <br />chemical products at coal mines under 40 CFR 261. Further clarification <br />regarding RCRA and coal mine waste is scheduled for early next year. I believe <br />coal wastes will be regulated by OSM. <br />In October of this year, the Solid Waste Disposal Act Amendments of 1980 were <br />enacted. These amendments specify that regulations promulgated under RCRA as <br />they relate to coal mines must be integrated with the regulations that exist <br />under SMCRA. The amendments go on to state that the Secretary of Interior <br />shall have exclusive jurisdiction for carrying out any requirement of Subtitle <br />C of the Act (Hazardous Waste Management) with respect to coal mining wastes or <br />overburden. In order to carry out these mandates, the new Act instructs the <br />Administrator of EPA to review OSM's existing regulations under SMCRA to <br />determine if they are adequate to carry out the requirements of RCRA. This <br />review is to take place within 90 days of enac*_mer.t (or about January 1, <br />1980). If OSM's rules are determined by EPA to be inadequate, these rules must <br />be appropriately revised by the Secretary of Interior. When OSM's rules are <br />deemed adequate under RCR9, OSM will be responsible for permitting coal mining <br />facilities with respect to the storage, treatment, and disposal of hazardous <br />mine wastes and overburden. EPA's rules currently define hazardous wastes at <br />30 CFR 261.3. <br />However, I should also note that the Solid Waste Disposal Act Amendments <br />suspended regulation of mining wastes until 6 months after submission of a <br />study of such wastes by EPA. This study must be completed within three years <br />• of enactment of these amendments (October, 1983). Therefore, with respect to <br />the disposal of hazardous mine wastes and overburden, no permit under RCRA is <br />required until new rules based on this study are promulgated. I emphasize <br />