Geochemical Aspects of Environmental Permitting

INTRODUCTION The passage of Comprehensive Environmental Response Compensation and Liability Act (CERCLA/Superfund) as well as the Resource Conservation and Recovery Act (RCRA) and state laws, have placed added regulatory pressures on the mining industry. These laws which focus on the regulation of hazardous substances and wastes for the protection of the public health and welfare and the environment, present the potential for tremendous financial impacts and liabilities on existing mine operators and owners and/or potential mine operators/owners. This paper takes a brief look at these laws and presents an environmental audit procedure to identify environmental liabilities prior to mine land transactions. The environmental audit approach presented is an overview of the procedures that could be used to document, evaluate and inventory existing and/or potential environmental concerns. This audit procedure can be applied to developed or undeveloped properties and at active or inactive mining sites. REGULATORY OVERVIEW Mining environmental liabilities have been addressed in RCRA, Superfund, the Clean Air Act (CAA) and the Clean Water Act (CWA). Even though the U.S. Environmental Protection Agency (EPA) has determined that mining wastes will be treated as solid wastes under RCRA and not as hazardous wastes, these wastes could still bring about a great deal of financial liability under Superfund. The catch is if the mine wastes generated contain hazardous substances such as the heavy metals arsenic, beryllium, cadmium, chromium, copper, lead, mercury, nickel, selenium, silver, thallium, zinc and others as well as cyanide. Thus, it is not only important for a mine operator/owner or a potential mine operator/owner to know if the mine wastes generated are hazardous, but it is important to know if the wastes contain hazardous substances. Following is a brief overview of RCRA and Superfund and their potential implications. RCRA RCRA, which provides the basis for the regulation of solid and hazardous wastes, is applicable to active mining and milling sites. Within RCRA the definition of a hazardous waste is provided. This definition applies to owners and operators of mining and milling sites if the operator has stored, disposed or treated hazardous wastes on-site. If this is the case and if strict process control and waste management activities are not adhered to, environmental liabilities may be associated with the site. Superfund The 1980 Superfund law can be applicable to inactive mining sites or to inactive sections of an active facility. The provisions of Superfund call for the regulation of hazardous wastes and hazardous sub- stances disposal and release not only by the existing owner, but also for any previous owner. This concept of joint and several liability means that one party, as among many, can be held totally responsible for the costs of hazardous waste cleanup (Haller, 1987). Furthermore, liabilities under Superfund have also been applied back to past acts; thus, several mining properties, active or inactive prior to the 1980 Superfund law, are at risk of being placed on the EPA's National Priority List (NPL) for cleanup. Last years amendments to Superfund, known as the Superfund Reauthorization Act of 1986 (SARA), provided some significant developments for the mining industry. The major requirement of the amendments as it pertains to owners or operators of mining sites is that the EPA must revise its present Hazard Ranking System (HRS). This is important be- cause in most cases the primary reason for several mining sites having been included on the NPL was due to the large volume of wastes generated. As is typical at most mining sites, large volumes of low toxicity wastes are generated and the current HRS model prejudices against this. It should be noted that this provision only applies to sites that are not already on the NPL or have not been proposed for inclusion on the list.