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-z- <br />that EPA-Region VIII has determined that "mine wastes" do not include spent <br />chemical products listed in 40 CFR 261.33(e) and (f) or other solvents that are <br />classified as hazardous wastes. Therefore, if such materials associated with <br />coal mining or exploration activities are currently disposed of at a coal mine <br />or exploration site, a RCRA permit issued by EPA is necessary. If spent <br />chemical products are transported off-site for disposal, the coal mine operator <br />or exploration company is required [o have a "generator" identification number <br />and to establish a manifest system approved by EPA. <br />As you are aware, on-site disposal of coal processing wastes, non-coal wastes, <br />and acid- and toxic-forming materials are currently controlled under OSM's <br />Permanent Regulatory Program (e.g., 30 CFR 784.25: Return of coal processing <br />wastes to abandoned underground workings). These requirements have also been <br />incorporated into approved State Programs. <br />In conclusion, it is OSM's understanding [hat mine wastes (e.g., coal <br />preparation plant waste or waste rock) are not currently regulated under RCRA <br />but are regulated under SMCRA. When RCRA rules relating to such wastes are <br />promulgated as a result of the mandated study, OSM is expected [o have <br />exclusive responsibility for the regulation of such wastes. With respect to <br />other hazardous wastes (e.g., chemical solvents) stored, treated, or disposed <br />of at coal mine or coal exploration sites, EPA is presently responsible for <br />regulating these wastes under RCRA both on and off-site. OSM is also <br />responsible for controlling disposal of these materials on-site (30 CFR <br />• 816.89). <br />Since it appears that some overlap in the regulatory responsibilities of EPA <br />and OSM presently exist with respect [o the control of hazardous wastes which <br />are not classified as "mine wastes" (i.e., the chemical solvent waste <br />category), I have directed my staff to develop a working agreement with EPA to <br />mesh permitting requirements for these wastes under RCRA and SMCRA. However, I <br />expect that the areas involved are relatively minor and expect no delays as a <br />result of the potential duplication. <br />I hope this letter has served to clarify what I believe to be a complex and <br />developing regulatory situation. If you should have further questions relating <br />to this matter, please contact Dan Kimball of my staff (303-837-3773). <br />Sincerely, <br /> <br />DONALD A. CRANE <br />cc: Don Shosky, EPA-Denver <br />Jim Kent, Colorado MLRD <br />• <br />