Current Regulatory Framework - Coal Waste Impoundments: Risks, Responses, and Alternatives - page 33

federal level require permits, Underground Injection Control programs may
require permits at the state level.
Resource Conservation and Recovery Act
The Resource Conservation and Recovery Act regulates hazardous and
nonhazardous solid wastes (42 U.S.C. §§ 6901, et seq. ). Refuse generated by
mining and beneficiation processes associated with mineral extraction,
including coal, are categorically excluded from the definition of hazardous
waste (42 U.S.C. § 6921 (b)(3)(A)(ii); 40 C.F.R. § 261.4(b)(7)). Other solid
wastes, such as waste oils and solvents, fall within the definition.
Wildlife Protection Acts
The U.S. Fish and Wildlife Service is responsible for enforcing the
Migratory Bird Treaty Act (16 U.S.C. §§ 703, et seq. ), the Endangered Species
Act (16 U.S.C. §§ 1531, et seq. ), and other wildlife protection legislation. For
coal refuse impoundments, the U.S. Fish and Wildlife Service is particularly
interested in the influence of refuse disposal on riparian habitats, wetlands, and
downstream aquatic communities. SMCRA and other statutes mandate
coordination with the U.S. Fish and Wildlife Service in permitting activities that
might affect wildlife. The U.S. Fish and Wildlife Service makes
recommendations and advises the regulatory agencies on ways to avoid or
minimize the effects of impoundments on fish and wildlife. The Endangered
Species Act prohibits actions that would harm endangered species; it can be
directly enforced by the U.S. Fish and Wildlife Service (16 U.S.C. §1538).
SUMMARY
Standards for impoundments and refuse piles were developed after the
Buffalo Creek disaster in February 1972. The Federal Mine Safety and Health
Act establishes mandatory standards to protect the health and safety of miners.
This limitation is important in assessing MSHA's regulatory responsibility and
authority associated with potential impoundment breakthroughs and failures
that do not affect the health and safety of miners but may affect persons,
communities, or ecosystems downstream. On the other hand, the legislative and
regulatory direction of SMCRA, to protect society