Impacts Of RCRA Regulation Of Mine Waste On The Coal Industry

The modern coal mining industry is subject to a vast array of regulations affecting virtually all aspects of its operations. Probably the most significant over-sight role involves the Office of Surface Mining Reclamation and Enforcement (OSH) established by the Surface Mining Control and Reclamation Act, or SHCRA.1 Although complying and coping with SHCRA can be difficult for coal operators, this complex regulatory process has helped insulate the industry from ongoing efforts to extend regulation under the Resource Conservation and Recovery Act, or RCRA, 2 to aspects of the mining industry in general. The Environ-mental Protection Agency (EPA) has struggled with regulation of mining wastes under RCRA since the mid-1970's, but RCRA itself places most coal mining wastes firmly under the control of OSH and SHCRA. Despite the general exemption from RCRA regulation for waste materials that result from extraction and processing of coal itself, there may be circumstances under which coal mining operators could find themselves subject to regulation under RCRA or a number of other statutes administered by EPA. This paper will review briefly the history of mine waste regulation under RCRA, as well as touch on the policy decisions that led to the exemptions from RCRA regulation. The paper will summarize coal waste requirements under SHCRA, and also will review what operations at coal mines need to be controlled, in order to avoid potential liability under RCRA. In addition, it will mention requirements under other federal laws, including CERCLA, or the "Superfund" law,3 and describe how they may impose restrictions or liability on coal operations for waste or other materials commonly found at surface and underground coal mines.