An Industry View of Strawman II EPA's Recommendations for the Regulation of Mining Wastes and Materials Under Subtitle D of the Resource Convervation and Recovery Act

On May 21, 1990, EPA released its Strawman II draft program for mining wastes. It proposes to expand RCRA regulation of mining operations to include materials other than wastes. Strawman I1 would establish strict standards for the states to follow, rather than technical guidance. It proposes to establish performance standards; design criteria; monitoring requirements; and corrective action, closure, post-closure, and financial assurance requirements. It suggests "pollution prevention" concepts for mining operations. This paper explores the Strawman II proposals, particularly the technical criteria, and addresses several of the important concerns raised by industry.