Skip common site navigation and headers
US EPA
RCRA Online
Begin Hierarchical Links You are here: EPA Home >> Wastes >> Information Sources >> RCRA Online >> Topics Search End Hierarchical Links
Welcome What's New Topics Full Text Search Advanced Search Help

Topics Search

Click on the blue carat to the left of a Topic, the list will expand to show the documents related to the selected Topic.

Show details for Air Emissions (RCRA)Air Emissions (RCRA)
Show details for BatteriesBatteries
Show details for Best Demonstrated Available Technology (BDAT)Best Demonstrated Available Technology (BDAT)
Hide details for Bevill AmendmentBevill Amendment
11/24/2009APPLICATION OF PROCESS WASTEWATER FROM COAL GASIFICATION EXEMPTION (BEVILL EXEMPTION)Memo
 Description: Residuals from treatment of excluded mineral processing wastes must be historically or presently generated and must meet the high volume and low hazard criteria in order to retain excluded status under the Bevill Amendment. Bevill exemptions are a one-time event and do not extend to new, different waste streams arising in the future. EPA has consistently interpreted all Bevill exemptions, including the exemption for process wastewater from coal gasification” to be limited to those wastes that were studied as part of the Bevill rulemaking process.
 
11/01/2002APPLICABILITY OF LDR TO BEVILL MIXTURESQuestion & Answer
 Description: A mixture of a Bevill-exempt waste and a characteristic waste (or a waste listed solely for exhibiting a characteristic) remains subject to the land disposal restrictions (LDR) even if it is no longer hazardous at the point of land disposal. A Bevill mixture is hazardous if it exhibits a characteristic of the non-excluded waste, but not if it exhibits a characteristic imparted by the Bevill waste. LDR attaches at the point of generation. A Bevill mixture must be treated for characteristics and underlying hazardous constituents (UHCs) attributed to the non-excluded portion, but not UHCs uniquely contributed by the Bevill portion. A facility remains subject to all applicable LDR notification requirements. The act of mixing a hazardous waste with a Bevill-exempt waste to render it nonhazardous is treatment, may require a permit, and may be a form of impermissible dilution.
 
07/24/2002FUTURE PROPOSAL FOR MANAGEMENT OF COAL COMBUSTION WASTES GENERATED BY POWER PLANTSMemo
 Description: EPA plans to issue a proposal for Subtitle D regulations for the management of coal combustion wastes that are generated by electric power plants in the year 2003.
 
01/19/2001SCIENCE ADVISORY BOARD RECOMMENDATIONS TO PROMOTE INCREASED WASTE UTILIZATIONMemo
 Description: This memo contains the OSWER response to Science Advisory Board (SAB) recommendations on overcoming barriers to waste utilization. OSW has amended the definition of solid waste and hazardous waste recycling requirements several times to encourage recovery. OSW has studied cement kiln dust (CKD) and fossil fuel combustion waste utilization. OSW and the Office of Research and Development (ORD) have developed an environmental fate and transport model called the 3MRA Model for estimating "exit levels" for waste. OSW has designated items containing recovered materials in the Comprehensive Procurement Guidelines (CPG) and supported the Extended Product Responsibility (EPR) and the Jobs Through Recycling (JTR) programs. EPA supports the development of guidance manuals on waste utilization and innovative technology development programs for the large-scale utilization of waste materials.
 
11/14/2000DRAINDOWN AND SEEPAGE FROM GOLD HEAP LEACHESMemo
 Description: Gold heap leach piles constitute extraction/beneficiation activities and wastes from that activity are Bevill exempt. Liquid wastes generated from rainwater or groundwater contacting with Bevill exempt wastes are also exempt. Leakage may be regulated under CWA or SDWA, or addressed under RCRA 7003 or CERCLA 104 and 106 (also sent to Miller & Myers of Great Basin Watch).
 
10/10/2000REGULATION OF COAL FLY ASH AND BOTTOM ASH WASTEMemo
 Description: EPA decided that none of the fossil fuel combustion wastes should be regulated as hazardous wastes. Agency concluded that coal combustion wastes placed in landfills, surface impoundments or mines should be regulated as nonhazardous wastes (SEE ALSO: 65 FR 32214; 5/22/00).
 
06/26/2000REGULATION OF FOSSIL FUEL COMBUSTION WASTES AND CLEAN AIR ACT CONTROLS FOR UTILITIESMemo
 Description: EPA decided that none of the fossil fuel combustion wastes should be regulated as hazardous wastes. The Agency concluded that coal combustion wastes placed in landfills, surface impoundments or mines should be regulated as nonhazardous wastes (SEE ALSO: 65 FR 32214; 5/22/00). EPA is studying possible Clean Air Act controls for air emissions of hazardous air pollutants, including mercury, from electric utility industry.
 
06/09/2000REGULATION OF FOSSIL FUEL COMBUSTION WASTESMemo
 Description: EPA decided that none of the fossil fuel combustion wastes should be regulated as hazardous wastes. The Agency concluded that coal combustion wastes placed in landfills, surface impoundments or mines should be regulated as nonhazardous wastes (SEE ALSO: 65 FR 32214; 5/22/00) (also sent to U.S. Senators Gorton, Gramm, Helms & Sarbanes, U.S. Representatives LaHood & Obey, citizen, Mayor Borsheim of Thief River Falls, Bosshart Company, and Throop of Board of Municipal Utilities).
 
06/09/2000TIRE DERIVED FUEL AND REGULATION OF FOSSIL FUEL COMBUSTION WASTESMemo
 Description: EPA decided that none of the fossil fuel combustion wastes should be regulated as hazardous wastes. Decision applies to wastes from combustion of coal, oil, natural gas and co-burning these fossil fuels with supplemental fuels such as tire derived fuel (TDF) when supplemental fuels comprise less than 50 percent of total fuel feed. The Agency concluded that coal combustion wastes placed in landfills, surface impoundments or mines should be regulated as nonhazardous wastes (SEE ALSO: 65 FR 32214; 5/22/00).
 
05/12/2000CLARIFICATION OF BEVILL STATUS OF ELECTRIC ARC FURNACE SLAGSMemo
 Description: EPA established criteria to determine if a process was defined as mineral processing on September 1, 1989 (54 FR 36619). Only facilities processing less than 50 percent scrap are eligible for Bevill exclusion. Most steel making “mini mills” using electric arc furnaces are not eligible for Bevill exclusion. Flue dust from steel making electric arc furnaces are listed hazardous wastes.
 
03/09/2000REGULATORY DETERMINATION FOR COMBUSTION OF FOSSIL FUELSMemo
 Description: EPA is considering and evaluating all comment received on upcoming regulatory determination for certain solid wastes produced from combustion of fossil fuels. EPA will issue a regulatory determination by March 10, 2000 (also sent to Conyers, DeGette, Hinchey, Kennedy, Kucinich, McDermott, Olver, Sanders, Stark, Tubbs Jones, Waxman, and Woolsey).
 
11/01/1999LABORATORY SAMPLES AND THE BEVILL EXCLUSION (SECTION 261.4(B)(7))Question & Answer
 Description: Laboratory samples are not uniquely associated with mining, and thus are not exempt under the Bevill exclusion for mining and mineral processing. Laboratory activities are considered ancillary operations (SEE ALSO: 63 FR 28556; 5/26/98).
 
10/19/1999BEVILL UNIQUELY ASSOCIATED PRINCIPLEMemo
 Description: Bevill exclusion applies only to materials “uniquely associated” with mining and processing of ores and minerals. Battery plates and groups and similar lead scrap materials are not uniquely associated.
 
10/01/1999REPORT TO CONGRESS ON WASTES FROM THE COMBUSTION OF FOSSIL FUELSMemo
 Description: EPA did not express a tentative conclusion about the future regulatory status of coal combustion wastes (ash) that are placed in mines in the March 1999 Report to Congress on Wastes from the Combustion of Fossil Fuels. EPA will formulate a final decision on this matter and issue a regulatory determination by March 10, 2000.
 
09/24/1999EXTENSION OF PUBLIC COMMENT PERIOD FOR THE PROPOSED RULE ON MANAGEMENT STANDARDS FOR CEMENT KILN DUSTMemo
 Description: EPA has decided to extend the comment period for the proposed rule on management standards for cement kiln dust (64 FR 45632; 8/20/99) for 90 days. The comment period has been extended until February 17, 2000 (SEE ALSO: 64 FR 58022; 10/28/99) (also sent to Greer of Ash Grove Cement Company, O’Hare of American Portland Cement Alliance, and Willis of Blue Circle Cement).
 
09/17/1999REGULATION OF WASTE COAL ASH Memo
 Description: EPA did not express a tentative conclusion about the regulatory status of coal combustion wastes used in mine reclamation efforts or similar projects in the Report to Congress on Wastes from the Combustion of Fossil Fuels. EPA lacked sufficient information at the time to characterize potential human health risks from these practices. EPA is currently evaluating public comments on the report. The regulatory determination is scheduled for March 10, 2000 (Similar responses were also sent to PA Representatives DeWeese and Surra, PA Senators Brightbill and Rhoades, US Representatives Peterson, Holden, Kanjorski, Doyle, Toomey, Murtha, Klink, Mascara, and Sherwood, and Lander of Greco and Lander, P.C.).
 
09/14/1999REGULATION OF HAZARDOUS WASTE BURNING CEMENT KILNSMemo
 Description: Burning hazardous waste as fuel in cement kilns can be a safe way to destroy toxic organics in the waste, but also involves the release of toxic pollutants. EPA signed an updated set of regulations to control toxic emissions from hazardous waste combustors, including cement kilns (64 FR 52828; 9/30/99). These regulations implement the maximum achievable control technology (MACT) provisions of Section 112 of the Clean Air Act.
 
09/03/1999REPORT TO CONGRESS ON WASTES FROM THE COMBUSTION OF FOSSIL FUELSMemo
 Description: EPA supported a motion for an extension of the deadline for the regulatory determination on fossil fuel combustion wastes, which would allow an extension of the comment period on the Report to Congress (NOTE: Comment period extended to September 24, 1999 (64 FR 50788; 9/20/99)).
 
08/01/1999Environmental Fact Sheet: Management Standards Proposed For Cement Kiln Dust WastePublication
 Description: Announces EPA's promotion of pollution prevention, recycling, and safer disposal of cement kiln dust (CKD) by proposing management standards for this waste. Proposed standards provide a new, tailored framework that safeguards groundwater and limits risk from releases of dust to air.
 
07/14/1999BENEFICIAL UTILIZATION OF COAL ASHMemo
 Description: EPA’s tentative position that coal combustion wastes may not warrant hazardous waste regulation. EPA encourages the beneficial use of coal combustion materials under the procurement program. EPA is considering state oversight of agricultural applications and mine placement of coal ash as a possible alternative to federal oversight (SEE ALSO: 64 FR 22820; 4/28/99). Discusses possible extension of the six-month schedule for completion of the regulatory determination.
 
03/19/1999REGULATORY STATUS OF USED CRUCIBLES AND CUPELSMemo
 Description: Used crucibles and cupels are laboratory wastes. Laboratory wastes are not uniquely associated with mining, and thus are not exempt under the Bevill exclusion for mining and mineral processing wastes (SEE ALSO: 63 FR 28556; 5/26/98). Used crucibles and cupels are spent materials, and therefore would be solid wastes when reclaimed. Reclaimed materials are not eligible for the 261.2(e) use/reuse exemption.
 
03/19/1999REVIEW OF BEVILL ISSUES RAISED IN MAGCORP'S DECEMBER 23, 1998 LETTER TO UTAH DEPARTMENT OF ENVIRONMENTAL QUALITYMemo
 Description: Scope of Bevill exemption for mining and mineral processing wastes does not include combined wastestream of all wastewaters from facility (SEE ALSO: RPC# 3/23/94-01). Laboratory wastes are not uniquely associated with mineral extraction, beneficiation, or processing (SEE ALSO: 63 FR 28556; 5/26/98). Aggregation of waste streams is not appropriate in determining Bevill status of wastes. Mixing hazardous waste with Bevill-exempt waste may require treatment permit (SEE ALSO: 63 FR 28597; 5/26/98).
 
03/17/1999CLEANUP OF MANUFACTURED GAS PLANT (MGP) SITESMemo
 Description: Decharacterized manufactured gas plant (MGP) wastes can be sent to utility boilers without triggering substantial regulatory requirements. Residues from co-processing of MGP wastes in utility boilers are not subject to the land disposal restrictions (LDR) because these residues are Bevill wastes excluded from hazardous waste requirements (SEE ALSO: 63 FR 28556; 5/26/98; RPC# 4/26/93-03; RPC# 8/21/98-01).
 
12/02/1998BEVILL STATUS OF STRIPPED CARBON, CARBON FINES, KILN FLUID, AND CARBON WATER GENERATED AT GOLD MINESMemo
 Description: Carbon regeneration wastes such as stripped carbon, carbon fines, kiln fluid, and carbon water are inherent to recovery of gold and considered to be uniquely associated and exempt under Bevill exclusion. This guidance supersedes April 1998 document “Identification and Description of Mineral Processing Sectors and Waste Streams”.
 
09/29/1998EPA SITE VISIT TO BARRICK GOLDSTRIKE MINEMemo
 Description: EPA’s visit to Barrick Goldstrike mine was the result of a long standing offer from the company to visit their facility, and not an official compliance inspection. EPA has conducted 10 similar site visits to mining operations as part of ongoing information collection activities on the Bevill exemption.
 
08/21/1998EFFECTS OF LAND DISPOSAL RESTRICTIONS PHASE IV TREATMENT STANDARDS ON MANUFACTURED GAS PLANT SITE CLEANUPSMemo
 Description: Soil contains hazardous waste when it exhibits a characteristic or when it is contaminated with hazardous constituents from listed hazardous waste. Soil from manufactured gas plants (MGP) that exhibit a characteristic when first generated (i.e., when first removed from the land) remains subject to the land disposal restrictions (LDR) even if it is subsequently decharacterized. Consolidation within an area of contamination (AOC) prior to being removed from the land (i.e., generated) is permissible. A hazardous waste determination can be made after such consolidation. This guidance details the Agency's rules and policies concerning land disposal of decharacterized wastes, including decharacterized soil. When decharacterized soil remains subject to LDR, the soil must be treated in an appropriate unit to meet the treatment standard. Certain tracking, paperwork, and other requirements must also be met.
 
06/19/1998CLARIFICATION OF THE REGULATORY STATUS OF WASTES GENERATED AT THE UNOCAL/MOLYCORP MOUNTAIN PASS RARE EARTH FACILITYMemo
 Description: In the 9/1/89 Federal Register (54 FR 36592), EPA briefly mentioned waste from the lanthanides sector as including wastes from beneficiation operations (covered by the Bevill exclusion for mining and mineral processing wastes). Those statements did not constitute a definitive finding on the application of the regulations to each wastestream. Wastes generated after the “second leach step” are mineral processing wastes and regulated if they exhibit a characteristic. Letters expressing the Agency's opinion do not have the force or effect of law and are not legally binding on private parties. Letters would constitute evidence of the Agency's interpretation during any judicial enforcement action.
 
04/30/1998Response to Comments Document: Land Disposal Restrictions - Phase IV: Final Rule Promulgating Treatment Standards for Metal Wastes and Mineral Processing Wastes; Mineral Processing Secondary Materials and Bevill Exclusion Issues, Treatment Standards for Hazardous Soils, and Exclusion of Recycled Wood Preserving Wastes; Volume 10: Comments Related to Regulatory Impact Analysis for TC-Metal Hazardous Waste Issues Raised in Original Proposed Rule, August 22, 1995, and in Second Supplemental Proposed Rule, May 12, 1997Publication
 Description: This document reviews public comments relevant to the toxicity characteristic metals requirements and provides EPA's rationale for reaching its conclusions.
 
04/30/1998Response to Comments Document: Land Disposal Restrictions - Phase IV: Final Rule Promulgating Treatment Standards for Metal Wastes and Mineral Processing Wastes; Mineral Processing Secondary Materials and Bevill Exclusion Issues, Treatment Standards for Hazardous Soils, and Exclusion of Recycled Wood Preserving Wastes; Volume 11: Comments Related to Newly Identified Mineral Processing Waste Treatment Standards, Grab Versus Composite Sampling, Radioactive Mixed TC-Metal Wastes, and Sulfide Waste IssuesPublication
 Description: This document responds to public comments relevant to appropriate sampling methods, treatment standards for newly identified mineral processing wastes, radioactive mixed waste with toxicity characteristic metal wastes, and sulfide waste issues.
 
04/30/1998Response to Comments Document: Land Disposal Restrictions - Phase IV: Final Rule Promulgating Treatment Standards for Metal Wastes and Mineral Processing Wastes; Mineral Processing Secondary Materials and Bevill Exclusion Issues; Treatment Standards for Hazardous Soils, and Exclusion of Recycled Wood Preserving Wastes; Volume 1: Comments Related to Phase III Proposed Rule, March 2, 1995Publication
 Description: This document responds to public comments relevant to foundry sand issues in LDR Phase III proposed rule (60 FR 11702; March 2, 1995), and provides EPA's responses to the comments.
 
04/30/1998Response to Comments Document: Land Disposal Restrictions - Phase IV: Final Rule Promulgating Treatment Standards for Metal Wastes and Mineral Processing Wastes; Mineral Processing Secondary Materials and Bevill Exclusion Issues; Treatment Standards for Hazardous Soils, and Exclusion of Recycled Wood Preserving Wastes; Volume 2: Comments Related to Phase IV Proposed Rule Rule, August 22, 1995Publication
 Description: This document presents public comments on original Phase IV proposed rule (60 FR 43654; August 22, 1995), including comments on UHCs, the TC, HWIR, state authorization, wood preserving, wastewater exclusion, and treatment standards for metal bearing wastes, and provides EPA's responses to the comments.
 
04/30/1998Response to Comments Document: Land Disposal Restrictions - Phase IV: Final Rule Promulgating Treatment Standards for Metal Wastes and Mineral Processing Wastes; Mineral Processing Secondary Materials and Bevill Exclusion Issues; Treatment Standards for Hazardous Soils, and Exclusion of Recycled Wood Preserving Wastes; Volume 3: Comments Related to First Supplemental Proposed Rule, January 25, 1996Publication
 Description: This document presents public comments on the first supplemental proposed rule (61 FR 2337; January 25, 1996), including comments on HWIR, state authorization, manufactured gas plant issues, and treatment standards for metal bearing wastes, and provides EPA's responses to the comments.
 
04/30/1998Response to Comments Document: Land Disposal Restrictions - Phase IV: Final Rule Promulgating Treatment Standards for Metal Wastes and Mineral Processing Wastes; Mineral Processing Secondary Materials and Bevill Exclusion Issues; Treatment Standards for Hazardous Soils, and Exclusion of Recycled Wood Preserving Wastes; Volume 4: Comments Related to First Notice of Data Availability, May 10, 1996Publication
 Description: This document presents public comments on the First Notice of Data Availability (61 FR 21418; May 10, 1996), including comments on lead and silver treatment standards and wood preserving wastewater exclusion, and provides EPA's responses to the comments.
 
04/30/1998Response to Comments Document: Land Disposal Restrictions - Phase IV: Final Rule Promulgating Treatment Standards for Metal Wastes and Mineral Processing Wastes; Mineral Processing Secondary Materials and Bevill Exclusion Issues; Treatment Standards for Hazardous Soils, and Exclusion of Recycled Wood Preserving Wastes; Volume 5: Comments Related to Second Notice of Data Availability, March 5, 1997Publication
 Description: This document presents public comments on the Second Notice of Data Availability (62 FR 10004; March 5, 1997) concerning the addition of iron filings to foundry sand, and provides EPA's responses to the comments.
 
04/30/1998Response to Comments Document: Land Disposal Restrictions - Phase IV: Final Rule Promulgating Treatment Standards for Metal Wastes and Mineral Processing Wastes; Mineral Processing Secondary Materials and Bevill Exclusion Issues; Treatment Standards for Hazardous Soils, and Exclusion of Recycled Wood Preserving Wastes; Volume 6: Comments Related to Second Supplemental Proposed Rule, May 12, 1997Publication
 Description: This document presents public comments on the Second Supplemental Proposed Rule (62 FR 26041; May 12, 1997), including comments on UHCs, HWIR, state authorization, MGP issues, wood preserving wastewater exclusion, underground injection, and treatment standards for metal-bearing wastes and contaminated soil, and provides EPA's responses to the comments.
 
05/13/1997REGULATORY STATUS OF IRON AND STEEL SLAGS AND GYPSUMMemo
 Description: Iron blast furnace slag and basic oxygen furnace and open furnace slag from carbon steel production are solid wastes, but are excluded from the definition of hazardous waste under the Bevill exclusion for mining and mineral processing. Flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels, which often contains large amounts of gypsum, is also excluded.
 
12/11/1996IMPORT OF COAL ASH BYPRODUCT INTO THE UNITED STATESMemo
 Description: Coal ash byproduct consisting of fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal that has not been mixed with any other material would be exempt under the Bevill exclusion. Importation of such material would not be subject to the import requirements. Coal ash with PCB levels below 50 ppm would not be subject to the TSCA PCB import requirements.
 
10/28/1996REGULATORY STATUS OF RESIDUES FROM LIGHT-WEIGHT AGGREGATE KILNSMemo
 Description: EPA is considering applying a “significantly affected test” for residues from non-Bevill sources similar to the existing provision for Bevill sources in Section 266.112 (SEE ALSO: 61 FR 17472; 4/19/96). EPA’s initial inclination is not to promulgate such an option. Other options for addressing the regulatory status of light-weight aggregate kiln (LWAK) residues include the Hazardous Waste Identification Rule (HWIR), the upcoming Definition of Solid Waste rulemaking, and expansion of special controls to be proposed for cement kiln dust (CKD) (SEE ALSO: 64 FR 45632; 8/20/99).
 
05/30/1996STATUS OF MIXED COAL PRODUCTSMemo
 Description: Characteristic manufactured gas plant (MGP) wastes can be mixed with coal or other material in a generator accumulation unit until the characteristic is removed. The resulting mixture may be sent to a fossil fuel combustor provided the mixture is no longer characteristically hazardous. Combustion residues are exempt under the Bevill exemption for fossil fuel combustion wastes. If the mixture is sent to a landfill, it must meet land disposal restrictions (LDR) treatment standards regardless of whether the characteristic has been removed (SEE ALSO: 63 FR 28574; 5/26/98).
 
04/10/1996MAXIMUM ACHIEVALBE CONTROL TECHNOLOGY (MACT) RULEMAKING FOR HAZARDOUS WASTE COMBUSTORSMemo
 Description: Improperly designed hazardous waste incinerators and cement and light weight aggregate kilns (BIFs) can pose a hazard. EPA signed the proposed MACT rule on March 20, 1996, (61 FR 17358; 4/19/96) to establish tough dioxin, mercury, and lead emission standards (SEE ALSO: 64 FR 52828; 9/30/99). The Agency will continue to use the omnibus permitting authority (270.32(b)(2) and 3005(c)(3)) to ensure protection on a site-specific basis. The Agency remains committed to developing tailored regulations in conjunction with the existing authorities for Bevill exempt cement kiln dust (CKD). Addresses the risks from CKD management identified in the CKD regulatory determination (60 FR 7366; 2/7/95). The decision affects all CKD, regardless of the fuel burned. The CKD program will be risk-based, flexible, and tailored to site-specific conditions.
 
01/26/1996LAND DISPOSAL RESTRICTIONS; PHASE IV SUPPLEMENTAL PROPOSAL ON MINERAL PROCESSING WASTESMemo
 Description: The Phase IV Bevill proposal (61 FR 2338; 1/25/96) would clarify the distinction between in-process materials and wastes in the Bevill exemption for mining and mineral processing wastes. The notice proposes retaining the TCLP and the classification of several wastes, including five smelting wastes that were previously lifted, iron chloride waste acid, and wastes from lightweight aggregate production. The notice proposes to exclude processed scrap metal and shredded circuit boards that are destined for metal recovery and managed in containers. The notice proposes to significantly reduce the land disposal restrictions (LDR) paperwork requirements that apply to hazardous waste generally (SEE ALSO: Phase IV Final Rule, 63 FR 28556; 5/26/98).
 
04/01/1995STATUS OF FOSSIL FUEL COMBUSTION WASTE EXCLUSIONQuestion & Answer
 Description: Discusses the regulatory status of fossil fuel combustion wastes. Independently- managed large-volume coal-fired utility wastes are excluded under the Bevill exemption for fossil fuel combustion wastes. Remaining wastes are excluded until a final determination is made in 1998. Low-volume wastes not co-managed with large-volume wastes are not excluded.
 
03/01/1995DEFINITION OF FORMERLY BEVILL EXEMPT WASTEQuestion & Answer
 Description: Discusses the history of the Section 261.4(b)(7) Bevill mining and mineral processing waste exclusion. All mineral processing wastes not currently identified in Section 261.4(b)(7) are newly identified and are not subject to the land disposal restrictions (LDR) until EPA promulgates treatment standards (SUPERSEDED: see 63 FR 28556; 5/26/98).
 
02/22/1995REGULATORY DETERMINATION OF CEMENT KILN DUSTMemo
 Description: Cement kiln dust (CKD) is exempt under the 261.4(b)(8) Bevill exclusion until EPA promulgates custom-tailored RCRA Subtitle C rules. The CKD decision (60 FR 7366; 2/7/95) applies to all dust whether or not a hazardous waste fuel is burned in the kiln, although CKD from cement kilns co-burning hazardous waste must qualify for the exclusion through the 266.112 test.
 
12/15/1994Technical Resource Document: Extraction and Beneficiation of Ores and Minerals; Volume 5: UraniumPublication
 Description: This document presents the results of EPA's research into the domestic uranium mining industry; briefly characterizes the geology of uranium ores and the economics of the industry; reviews uranium extraction and beneficiation methods and discusses potential environmental effects of uranium mining; describes current regulatory programs implemented by EPA, federal land management agencies, and selected states. Appendices include summaries of National Priority List (NPL) site summaries related to the extraction and beneficiation of uranium, an acronym list, and the groundwater standards for remedial actions at inactive uranium processing sites.
 
12/05/1994CLARIFICATION OF REGULATION OF FUEL BLENDING AND RELATED TREATMENT AND STORAGE ACTIVITIESMemo
 Description: Eligibility for the Bevill exemption for cement kiln dust (CKD) residues is contingent upon the composition of the residue, not upon the purpose of burning waste. If no treatment or blending occurs, bulking, containerizing, consolidating, and de-consolidating are allowed at transfer facilities.
 
10/17/1994REGULATION OF FUEL BLENDING AND RELATED TREATMENT AND STORAGE ACTIVITIESMemo
 Description: Fuel blenders are subject to 268.7(b) LDR notification and certification. Fuel blending is not exempt from permitting, unless it is done at a generator site in a 262.34 accumulation unit. Fuel blending at a transfer facility is treatment and requires a permit. Most fuel blending units are permitted as tanks or miscellaneous units. Fuel blenders are subject to the air emissions standards (SEE ALSO: RPC# 12/5/94-01; 59 FR 62896; 12/6/94). Thermal treatment units are not eligible for the 262.34 permit exemption. Recycling units at facilities with other permitted units are subject to the air emissions standards (SEE ALSO: 62 FR 25997; 5/12/97). Generators who send waste off-site to a burner are subject to LDR notification. Cement or light-weight aggregate kiln produced by a Bevill device burning both hazardous waste and Bevill-exempt wastes may be exempt from land disposal restrictions (LDR) treatment standards when used in a manner constituting disposal if the residues pass the significantly affected test in 266.112. If neither the products nor the residues are subject to the LDR treatment standards, the original generator's waste is not prohibited from land disposal, and is subject only to 268.7(a)(6) (SEE ALSO: 62 FR 25997; 5/12/97).
 
10/15/1994Technical Resource Document: Extraction and Beneficiation of Ores and Minerals; Volume 6: Gold PlacersPublication
 Description: Presents the results of EPA's research into the domestic gold placer mining industry. Briefly characterizes the geology of gold placer deposits and the economics of the industry. Reviews gold placer extraction and beneficiation methods and discusses potential environmental effects of gold placer mining. Describes current regulatory programs implemented by EPA, federal land management agencies, and selected states. Appendix includes comments on the report with EPA responses.
 
08/15/1994Technical Resource Document: Extraction and Beneficiation of Ores and Minerals; Volume 4: CopperPublication
 Description: This document presents the results of EPA's research into the domestic copper mining industry; briefly characterizes the geology of copper ores and the economics of the industry; reviews copper extraction and beneficiation methods and discusses potential environmental effects of copper mining; and describes current regulatory programs implemented by EPA, federal land management agencies, and selected states. Appendices include a summary of comments and EPA responses, case studies of published information on copper mine waste management practices, National Priority List (NPL) site summaries related to copper mining, and an acronym list.
 
07/15/1994Technical Resource Document: Extraction and Beneficiation of Ores and Minerals; Volume 2: GoldPublication
 Description: This document presents the results of EPA's research into the domestic gold mining industry; briefly characterizes the geology of gold ores and the economics of the industry; reviews gold extraction and beneficiation methods and discusses potential environmental effects of gold mining; describes current regulatory programs implemented by EPA, federal land management agencies, and selected states. Appendices include flow sheets of specific mine operations, National Priority List (NPL) site summaries related to gold extraction and beneficiation, and comments on site visits with EPA responses.
 
06/15/1994Technical Resource Document: Extraction and Beneficiation of Ores and Minerals; Volume 1: Lead - ZincPublication
 Description: This document presents the results of EPA's research into the domestic lead-zinc mining industry; briefly characterizes the geology of lead-zinc ores and the economics of the industry; reviews lead-zinc extraction and beneficiation methods and discusses potential environmental effects of lead-zinc mining; describes current regulatory programs implemented by EPA, federal land management agencies, and selected states. Appendices include specific flotation activities employed for polymetallic ores and associated process flow sheets, National Priority List (NPL) site summaries related to lead and zinc extraction and beneficiation, and a summary of comments on the report with EPA responses.
 
06/09/1994APPLICABILITY OF RCRA TO VARIOUS PRODUCTS (E.G., CLINKER, FERTILIZER) PRODUCED BY A CEMENT KILN EQUIPPED WITH A RECOVERY SCRUBBERMemo
 Description: Product clinker and fertilizer that are produced using previously landfilled Bevill exempt cement kiln dust are not subject to Subtitle C as long as the products are commercial grade, do not contain hazardous constituents in excess of those found in comparable products, and have met applicable land disposal restrictions (LDR) treatment standards (SEE ALSO: RPC# 5/17/94-01; 60 FR 6666; 2/7/95).
 
05/17/1994REGULATORY STATUS OF PRODUCTS (INCLUDING CLINKER AND FERTILIZER) PRODUCED IN CEMENT KILNS EQUIPPED WITH A RECOVERY SCRUBBERMemo
 Description: Since cement kiln dust (CKD) is not a hazardous waste, products (e.g., clinker and fertilizer) partially derived from processing CKD are not subject to regulation. Cement kilns that burn or process hazardous waste must meet the requirements in 266.112 for their CKD to be exempt (SEE ALSO: 60 FR 6666; 2/7/95; RPC# 6/9/94-02).
 
05/11/1994APPLICABILITY OF MINING WASTE EXCLUSION TO WASTED LIME KILN REFRACTORY BRICKSMemo
 Description: Lime kiln bricks are not uniquely associated with mineral processing and are not excluded by the Section 261.4(b)(7) Bevill exemption for mining and mineral processing wastes. To be uniquely associated the wastes must originate primarily from, or be influenced by, contact with ores, or minerals. Wastes analogous to other wastes from non-mining industries are not uniquely associated. Wastes which contact ore are not necessarily excluded (SEE ALSO: 63 FR 28556; May 26, 1998).
 
03/23/1994INTERPRETATION OF THE BEVILL EXEMPT STATUS OF WASTES AT THE MAGCORP FACILITYMemo
 Description: The scope of Bevill exemption for mining and mineral processing wastes does not include combined wastestream of all wastewaters from a facility. Used lubricating oils, used antifreeze, wastes from lab drains, and vehicle maintenance are not uniquely associated with mineral extraction, beneficiation, or processing (SEE ALSO: 63 FR 28556; May 26, 1998). Wastes generated after mineral processing begins do not qualify for the Bevill exemption for mining and mineral processing wastes unless listed in Sections 261.4(b)(7)(i)-(xx). A mixture of non-exempt wastes with exempt wastewaters may jeopardize the mineral processing exemption. Mixing hazardous waste with Bevill-exempt waste may require a treatment permit (SEE ALSO: 63 FR 28556; May 26, 1998).
 
11/05/1993CLARIFICATION OF CERTAIN ISSUES REGARDING OIL AND GAS WASTESMemo
 Description: Solid wastes generated from gas transportation after it has left the gas plant, compressor stations located downstream from gas plant, and manufacturing activities do not qualify for the oil and gas exclusion. Wastes from compressors handling local production only are exempt. The exemption is not dependent upon how the waste is managed. Unused CCPs are not exempt since the material was not sent down-hole or did not contact the production stream.
 
09/15/1993CLARIFICATION OF RCRA REGULATORY APPLICATION TO SOILS CONTAMINATED BY CEMENT KILN DUSTMemo
 Description: Secion 266.112 does not apply retroactively to soil contaminated by cement kiln dust, which is exempt under the Bevill exclusion for fossil fuel combustion wastes, when the soil is removed during corrective action. Discusses the distinction between applying listings retroactively and determining applicability of Bevill exclusion.
 
07/01/1993NATURAL GAS CONDENSATE: REGULATORY STATUSQuestion & Answer
 Description: Natural gas condensate produced by activities uniquely associated with the exploration, development, and production of natural gas is excluded under Section 261.4(b)(5) when discarded. Condensate generated by operations beyond the production process is not exempt.
 
06/30/1993CLARIFICATION OF RCRA REGULATORY APPLICATION TO SOILS CONTAMINATED BY CEMENT KILN DUSTMemo
 Description: Soil contaminated with cement kiln dust (CKD) retains the Bevill exclusion of the CKD, provided soil is not hazardous for any other reason.
 
06/30/1993MINING WASTES FROM SEARLES LAKE OPERATIONSMemo
 Description: Oil from a machine maintenance operation is not uniquely associated with mining or mineral processing operations and is not exempt under the Section 261.4(b)(7) Bevill exemption for mining and mineral processing wastes (SEE ALSO: 63 FR 28556; May 26, 1998). Waste oil from the extractant, or crude, treatment process is not exempt. Boiler ash is an exempt Bevill fossil fuel combustion waste.
 
04/29/1993REGULATORY STATUS OF COMBUSTION RESIDUALS GENERATED FROM CO-BURNING OF ""SPECIFICATION"" USED OIL FUEL AND VIRGIN FUEL OILMemo
 Description: The co-burning of specification used oil fuel and virgin fuel oil does not affect the 261.4(b)(4) Bevill exemption since the amount of oil burned is minimal.
 
04/26/1993REGULATORY STATUS OF SOLID WASTE GENERATED FROM GOLD/MERCURY AMALGAM RETORTINGMemo
 Description: Solid wastes from gold/ mercury amalgam retorting are mineral processing wastes, not beneficiation AND EXTRACTION WASTES under the Bevill exemption for mining and mineral processing wastes. Mineral processing wastes disposed of prior to March 1, 1990, that are no longer exempt are not subject to Subtitle C controls unless actively managed. Active management includes physical disturbance of a site.
 
05/15/1992SCOPE OF BEVILL AMENDMENT AS IT APPLIES TO PHOSPHATE MINING, PHOSPHORIC ACID PRODUCTION, AND ANCILLARY FACILITIESMemo
 Description: All phosphate mining and extraction wastes are permanently exempt from RCRA Subtitle C regulation. Of all mineral processing wastes generated at phosphoric acid plants, only phosphogypsum and process wastewater from phosphoric acid production are Bevill exempt mining and mineral processing wastes.
 
01/01/1992REGULATORY STATUS OF WASTE FROM OIL GATHERING PIPELINESQuestion & Answer
 Description: Waste generated in a gathering pipeline during transportation qualifies for the fossil fuel exploration, development, and production exclusion only if the custody of the oil has not yet changed hands.
 
12/10/1991EXTENSION OF COMMENT PERIOD FOR LDR SOIL FEDERAL REGISTER NOTICEMemo
 Description: Discusses the extension of the comment period for land disposal restrictions (LDR): Potential Treatment Standards for Newly Identified and Listed Wastes and Contaminated Soil (56 FR 55160; 10/24/91) on issues related to mineral processing wastes, wood preserving wastes, and spent potliners (SEE ALSO: 57 FR 37194; 8/18/92, 60 FR 43654; 8/22/95, 61 FR 2338; 1/25/96, 62 FR 25997; 5/12/97).
 
06/21/1991BAGHOUSE DUSTS USED AS, OR TO PRODUCE, AGGREGATEMemo
 Description: Baghouse dust used as a product or reclaimed as an ingredient in a product (e.g., aggregate) placed on the land is a solid waste and is not exempt per 261.2(e). Products reclaimed from K061 that are not placed on the land are no longer wastes. Discusses the indigenous principle (SUPERSEDED: see 266.100) and the elements of legitimate recycling. If it is not legitimate recycling, the kiln is hazardous waste treatment unit.
 
05/21/1991CLASSIFICATION OF WASTE FLUIDS ASSOCIATED WITH CLEAN UP OF CRUDE OIL LEAKS IN ACTIVE OIL FIELDSMemo
 Description: Petroleum contaminated snow-melt is not covered by the Bentsen exemption for exploration, production, and development petroleum wastes, since the contamination is a result of a pipeline leak that occurred after the custody transfer of the oil. The exemption applies to wastes from the exploration and production that are produced before the transfer of custody of crude oil or natural gas, or the point of separation and dehydration in the absence of a custody transfer.
 
04/22/1991CHLORIDE-ILMENITE PROCESS WASTESMemo
 Description: Chloride-ilmenite process waste acids are mineral processing, not beneficiation, waste under Bevill exemption for mining and mineral processing wastes. Operations producing combined beneficiation and processing wastes are classified as processing operations for purposes of determining if they produce exempt mineral processing wastes.
 
04/02/1991CLARIFICATION OF THE APPLICABILITY OF THE OIL AND GAS EXCLUSION TO CRUDE OIL RECLAIMER WASTESMemo
 Description: Wastes derived from the treatment of exempt wastes are generally exempt. If tank bottoms are created during primary field operations, wastes from the recovery of oil from the tank bottoms are exempt. Solvent wastes from cleaning tank trucks associated with oil and gas exploration and production activities are not exempt (SEE ALSO: 58 FR 15284; 3/22/93).
 
03/29/1991SHAM INCINERATION AND TREATMENT OF K048-K052 WASTES IN CEMENT KILNS AND INDUSTRIAL FURNACESMemo
 Description: Oil cannot be added to a K048-K052 treatment cake to increase fuel value above sham recycling threshold unless the oil is originally part of waste (SUPERSEDED: see RPC# 11/8/94-01; Section 266.100). All wastes derived from listed wastes are subject to land disposal requirements (LDR) except for certain Bevill residues.
 
08/23/1990TREATMENT STANDARDS AND THE BEVILLE EXCLUSIONMemo
 Description: Waste with technology land disposal restrictions (LDR) treatment standard must be treated to that standard. If the method is incineration (INCIN), the waste must be treated in an incinerator subject to Part 264 Subpart O or Part 265 Subpart O. Restricted wastes sent to a Bevill device or a BIF is still subject to LDR notification. Discusses a proposal to determine if resides from the co-processing of Bevill raw materials and hazardous waste remain excluded (SUPERSEDED: see Section 266.100).
 
06/27/1990SECONDARY MATERIALS RECYCLED IN PHOSPHORIC ACID RECIRCULATING SYSTEMSMemo
 Description: Corrosive (D002), low-volume secondary materials (e.g., precipitates and spilled materials) that are recycled in a phosphoric acid plant’s recirculating water systems may cause entire system to be regulated if there is continued circulation of corrosive secondary materials.
 
05/30/1990IRON AND STEEL SLAGS, REGULATORY STATUSMemo
 Description: Iron and steel slags is exempt from RCRA regulation under the Bevill mining and mineral processing exclusion even when used in a manner constituting disposal (SEE ALSO: Section 266.20(c); 59 FR 67256; December 29, 1994).
 
04/09/1990COAL ASH AS A SOLID WASTEMemo
 Description: EPA supports the beneficial use of coal ash (exempt under Section 261.4(b)(4) Bevill exemption for fossil fuel combustion wastes) through Federal procurement guidelines and the use of fly ash as a stabilizing medium in setting land disposal restrictions (LDR) treatment standards. RCRA defines coal ash as a solid waste. States may regulate coal ash more stringently.
 
04/06/1990RETORTED OIL SHALE AND COAL FLY ASHMemo
 Description: Discusses the determination that coal combustion waste streams generally do not exhibit hazardous characteristics. No federal regulations specific to oil shale, but EPA is in the process of developing Subtitle D guidance known as Strawman.
 
03/15/1990BERYL PLANT AND RAFFINATE DISCARD CLASSIFICATIONMemo
 Description: Bevill exempt beneficiation operations include crushing, grinding, solvent extraction, and stripping. Melting that resembles smelting is a processing operation. All steps following the initial processing step are considered processing operations.
 
01/15/1990Environmental Fact Sheet: Final Rule to Identify the Status of Twenty Mineral Processing Wastes Conditionally Retained within the Bevill AmendmentPublication
 Description: Identifies the 5 wastes removed from exclusion and the 15 wastes remaining within exclusion. Wastes no longer covered by Bevill exclusion will be evaluated for hazardous characteristics. Wastes exhibiting one or more characteristics of hazardous waste must be managed according to RCRA Subtitle C requirements.
 
10/01/1989NOTIFICATION REQUIREMENTS FOR NEW WASTES NOT COVERED BY THE BEVILL EXCLUSIONQuestion & Answer
 Description: RCRA Section 3010 for re-notification is not required for handlers of formerly exempt Bevill wastes.
 
06/06/1989CLARIFICATION OF THE BOUNDARIES OF THE OIL FIELD RCRA EXEMPTIONMemo
 Description: Provides three criteria to be used when determining whether wastestreams qualify for the Bevill oil field exemption. Gas plant cooling tower cleaning wastes are not exempt because they are not intrinsically derived from the primary field operations for natural gas production. Cooling tower blowdown is exempt.
 
02/09/1989MINERAL PROCESSING FACILITIES, REPORT TO CONGRESSMemo
 Description: Pursuant to 8002(p), EPA is conducting a national survey on large-volume mineral processing wastes (SEE ALSO: current 261.4(b)(7)(i)-(xx) Bevill exemption for mining and mineral processing wastes). A response to the survey is required under 3001 and 3007 of RCRA. A failure to respond may result in fines or penalties under 3008.
 
02/07/1989DROSS FROM ALUMINUM SMELTING USED IN MANUFACTURE OF CEMENTMemo
 Description: The 261.4(b)(7) Bevill exclusion covers wastes from processing ores when the feedstock to smelter is greater than 50% ore or mineral. Feedstock of greater than 50% scrap aluminum would not qualify. Aluminum dross is a by-product. Discussion of use of dross in the manufacture of cement as reclamation. If cement or aluminum dross by-product will be placed on the land or in a product that will be placed on the land, the material is a solid and hazardous waste subject to Part 266, Subpart C and must meet land disposal restrictions (LDR) treatment standards. Discussion of sham recycling (SEE ALSO: 63 FR 28556; 5/26/98).
 
01/01/1989ORE AND MINERAL EXTRACTION, BENEFICIATION AND PROCESSING EXCLUSION APPLICABILITYQuestion & Answer
 Description: Because Whitmore grease is not unique to mining operations, waste grease from the beneficiation of taconite ore would not be exempt under the Bevill mining and mineral processing exclusion at 261.4(b)(7).
 
11/21/1988CLARIFICATION REGARDING THE SCOPE OF THE EXEMPTION FOR LARGE VOLUMES OF WASTES GENERATED AT EXPLORATION AND PRODUCTION FACILITIESMemo
 Description: Acidic wastewater, field waste liquids, waste cement, waste lubricants, hydraulic fluids, motor oil and paint, waste solvents from equipment maintenance, and waste from truck cleaning operations are not exempt oil and gas wastes.
 
09/01/1988OIL AND GAS EXCLUSION APPLICABILITYQuestion & Answer
 Description: Wastes from subsurface natural gas storage and retrieval are exempt from hazardous waste regulation. Wastes associated with manufacturing or transportation are not exempt. Wastes generated at a gas storage facility that are not uniquely associated with the retrieval process are not exempt.
 
07/29/1988CEMENT KILN DUST WASTEMemo
 Description: Cement kiln dust (CKD) is not a hazardous waste (SEE ALSO: 60 FR 7366; 2/7/95). A mixture of exempt cement kiln dust with corrosive liquid (D002) will result in a nonhazardous waste if the mixture no longer exhibits any characteristic (SEE ALSO 261.3(d)(1)). Mixing is considered treatment. No permit is required for treatment performed in generator accumulation tanks subject to 262.34.
 
06/01/1988CEMENT KILN DUST WASTE EXCLUSIONQuestion & Answer
 Description: Only waste that is directly from a cement kiln is excluded by 261.4(b)(8) (SEE ALSO: 60 FR 7366; 2/7/95). Wastes from the crushing of limestone or other preparatory operations would not meet the exclusion. Limestone crushing is beneficiation of a mineral under the 261.4(b)(7) Bevill exemption for mining and mineral processing wastes.
 
01/26/1988ZINC OXIDE RECLAIMED FROM KILNSMemo
 Description: Discusses indigenous secondary materials (SEE ALSO: 266.100). Partially reclaimed K061 which must be reclaimed further is still a solid waste and is derived from K061. Kiln residue is not exempt because K061 is from primary steelmaking, not from the processing of ores and minerals. F006, F019, and K062 are not indigenous to zinc smelting. The 3004(u) authority applies to releases of Bevill wastes and to releases from pre-RCRA inactive units. Units holding product are not solid waste management units (SWMUs) unless routine and systematic releases occur. Addresses American Mining Congress (AMC) v. EPA. The status of dust from a kiln burning K061 could change when the BIF regulations are finalized (SEE ALSO: 261.3(c)(2)(iii)(C)(1) and 261.4(a)(11)) (SAME AS 9481.1988(01)).
 
01/25/1988NEW JERSEY ZINC COMPANY K061 STORAGE PILEMemo
 Description: A partially reclaimed waste that must be reclaimed further before it can be used as a product is still a solid and hazardous waste. Discusses the derived-from exemption for residue from processing K061, K062, and F006 in a high temperature metal recovery unit. Addresses American Mining Congress (AMC) v. EPA. The status of dust from a kiln burning K061 could change with the final BIF rule (SEE: 261.4(a)(11) and 261.3(c)(2)(iii)(C)(1)). Discusses indigenous secondary materials (SEE: 266.100). The 3004(u) corrective action authority applies to Bevill waste and releases from pre-RCRA inactive units. Units holding product are not solid waste management units (SWMUs) for purposes of 3004(u) unless routine and systematic releases occur (SAME AS 9444.1988(02a)).
 
10/08/1987DECISION DEADLINES FOR RETROFITTING WAIVER REQUESTSMemo
 Description: Interim status surface impoundment retrofit waivers are not necessary for units holding Bevill exempt mining and mineral processing wastes.
 
09/15/1987BEVILL AMENDMENT APPLIED TO COAL GASIFICATION FACILITYMemo
 Description: The Bevill exemption for fossil fuel combustion wastes applies to controlled oxygen-starved coal combustion, if at least 50% of the fuel mix is coal. Coal gasification wastes qualify for the mining waste exclusion. Residues are excluded if they are derived from the treatment of wastes generated from Bevill exempt mining and mineral processing wastes.
 
04/15/1987INDUSTRIAL FURNACES BURNING HAZARDOUS WASTES AND THE RESIDUALS GENERATED (LOUISIANA REG)Memo
 Description: The use constituting disposal regulations do not require that wastes be chemically bound or fixed; rather, regulations require that wastes have undergone chemical reaction so as to become inseparable by physical means. The Agency has no guidance as to the level of chemical reaction that must have occurred, but the waste must be chemically transformed and be an effective substitute for a commercial material. Residues from a kiln may be transformed. The Bevill exemption for mining and mineral processing wastes applies to waste, not to kilns which are not processing ores or minerals. The definition of solid waste rule (50 FR 614; 1/4/85) was promulgated pursuant to non-HSWA authority. Non-HSWA rules are not effective in base authorized states until the state revises its program. Louisiana is not authorized for the rule (SUPERSEDED: See 54 FR 48889; 11/28/89). The hazardous waste-derived fuel rule is a HSWA provision and is effective in all states, including Louisiana (SUPERSEDED: See 266.100).
 
03/17/1987RESIDUES FROM U.S. NAVY SALVAGE FUEL BOILERMemo
 Description: Ash from a U.S. Navy salvage fuel boiler plant is not eligible for the household hazardous waste exclusion. The Bevill exemption for fossil fuel combustion wastes includes ash generated from combustion of coal-waste mixtures where coal makes up more than 50% of the fuel mixture (SEE ALSO: see 266.112).
 
03/10/1987RCRA “SPECIAL STUDY’ WASTE DEFINITIONS AND SITES THAT REQUIRE ADDITIONAL CONSIDERATION PRIOR TO NPL PROPOSAL UNDER THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACTMemo
 Description: Fossil fuels must be 50% of the fuel mix to qualify for the Bevill fossil fuel combustion exemption. Provides a definition of extraction, beneficiation, processing, large volume waste, cement kiln dust, bottom, fly ash, boiler slag, and flue gas desulfurization sludge. Discusses the criteria and examples for the oil, gas exploration, and development exclusion.
 
01/13/1987OIL AND GAS EXPLORATION EXCLUSIONMemo
 Description: “Other wastes” include wastes that are intrinsically derived from the exploration, development, or production of crude oil, natural gas, or geothermal energy (3001(b)(2)). Explains “intrinsically derived from the primary field operation.” Discusses EPA’s four criteria for determining when a waste is exempt.
 
11/03/1986MINING WASTE EXCLUSION INCLUDING PRIMARY PROCESSING BUT NOT SUBSEQUENT STEPSMemo
 Description: The section 261.4(b)(7) Bevill exemption for mining and mineral processing wastes does not apply to subsequent shaping, alloying, or fabrication. A ceramic tile manufacture is not excluded.
 
09/16/1986MINING WASTE AS NON-HAZARDOUS WASTEMemo
 Description: EPA’s response to the governor of Wyoming regarding the Bevill exempt mining and mineral processing wastes and state programs.
 
07/16/1986MINING WASTE REGULATED UNDER SUBTITLE D RATHER THAN SUBTITLE CMemo
 Description: The regulation of mining waste under Subtitle C is not warranted. EPA planned to develop Subtitle D criteria for mining wastes excluded under the Bevill exemption for mining and mineral processing wastes (SEE ALSO: current 261.4(b)(7)).
 
07/01/1986MINING WASTE, K064, AND 3004(X)Question & Answer
 Description: Because K064 is no longer covered by the section 261.4(b)(7) Bevill exemption (3001(b)(3)) for mining and mineral processing wastes, EPA cannot use section 3004(x) to modify Subtitle C requirements for units holding K064.
 
06/16/1986RESIDUAL WATER DERIVED FROM AN EXEMPT WASTE (COAL ASH) IS EXEMPTMemo
 Description: Residual water that becomes corrosive (D002) from Bevill exempt fossil fuel combustion waste is also exempt. Residual water derived from an exempt waste is exempt.
 
06/10/1986MINING WASTE EXCLUSION FOR A FERROALLOY FACILITYMemo
 Description: Wastes from ferroalloy facility producing ferrosilicon (silvery iron) are not excluded under the section 261.4(b)(7) Bevill exemption for mining and mineral processing wastes. Metal scrap is neither an ore nor a mineral. If predominant input is a scrap steel or old batteries (battery) then the wastes from the facility are not excluded by section 261.4(b)(7).
 
04/21/1986PRECIPITATION WHICH IS CORROSIVE DUE TO CONTACT WITH EXEMPT WASTES (COAL GASIFICATION ASH)Memo
 Description: Precipitation that becomes corrosive (D002) solely as a result of contact with Bevill exempt fossil fuel combustion wastes (such as coal gasification ash) is exempt since characteristic is derived from the exempt waste.
 
02/01/1986FOSSIL FUEL COMBUSTION WASTE EXCLUSIONQuestion & Answer
 Description: Quench water that becomes corrosive (D002) as a result of contact with ash from coal combustion is exempt under the section 261.4(b)(4) Bevill exclusion for fossil fuel combustion wastes since the characteristic is derived from exempt waste.
 
10/03/1985APPROPRIATENESS OF THE EP/TCLP SIMULATION OF CO-DISPOSAL SITUATION FOR MINING WASTES; CHARACTERISTIC TESTS FOR DETERMINING THE HAZARDOUS CHARACTERISTICS OF MINING WASTESMemo
 Description: There is no determination on the appropriate tests used to identify mining or Bevill exempt mining and mineral processing wastes to be regulated as hazardous waste. TCLP is designed to simulate the leachability of industrial waste that is co-disposed with sanitary waste. Although the disposal scenario may be incompatible with mining waste disposal, similar generation of acids warrants TCLP or stronger. Mining wastes generate acidic leachate upon exposure to air.
 
10/01/1985MINING WASTE EXCLUSION REINTERPRETATIONQuestion & Answer
 Description: Wastes from secondary slag smelting operations, such as K069 and K100, are not exempt under 261.4(b)(7) Bevill exemption for mining and mineral processing wastes.
 
02/04/1985METALS PRODUCTION WASTES, APPLICABILITY OF MINING WASTE EXCLUSION - COMBUSTION OF WASTES AS INCINERATIONMemo
 Description: Reduction and distillation producing zirconium, hafnium, and titanium sponges yields Bevill exempt mining and mineral processing wastes (SEE ALSO: 261.4(b)(7)). The formation of ingots from sponges does not yield excluded wastes. Shaping metal after it has been extracted from ore is not extraction, beneficiation, or processing. Smokehouse, crucible burn pots are incinerators.
 
01/01/1985POLLUTION CONTROL SLUDGE FROM TREATMENT OF MINING WASTE - EXCLUSIONQuestion & Answer
 Description: Pond sludge from the treatment of drainage from an active coal mine is exempt under the 261.4(b)(7) Bevill exemption for mining and mineral processing wastes, even if it meets the definition of corrosivity. Pollution control residues from the treatment of mining wastes are exempt under 261.4(b)(7).
 
10/01/1984SOLVENT WASTES USED TO CLEAN EQUIPMENTQuestion & Answer
 Description: Solvents used to clean equipment from the extraction, beneficiation, and processing of ores and minerals are not directly associated with these activities and do not qualify for the 261.4(b)(7) Bevill exemption for mining and mineral processing wastes.
 
08/16/1984COAL/FOSSIL FUEL COMBUSTION WASTES EXCLUDED FROM SUBTITLE C PENDING FURTHER STUDYMemo
 Description: Fly ash waste, bottom ash waste, slag waste, and flue gas emission control dust, is excluded under the Bevill exemption for fossil fuel combustion wastes until studied. Even though EPA’s study has focused on coal-fired electric utilities, wastes from the combustion of coal, oil, or natural gas from any source are excluded (SEE ALSO: 56 FR 7134; 2/21/91; 58 FR 42468; 8/9/93).
 
08/15/1984MINERAL PROCESSING RESIDUALS FROM COMBUSTION UNITS BURNING HAZARDOUS WASTE FUELMemo
 Description: Heating shale to produce lightweight aggregate is beneficiation, and therefore, wastes from this process are excluded by the 261.4(b)(7) Bevill exemption for mining and mineral processing wastes. Use of hazardous waste fuels does not preclude the 261.4(b)(7) or 261.4(b)(8) (cement kiln dust (CKD)) exclusion. Burning for energy recovery is treatment. Wastes derived from recycled waste are still listed (SEE ALSO: 66 FR 27266; 5/16/01). The mixture-rule de minimis exemption at 261.3(a)(2)(iv) only applies if solvents are commingled with process wastewaters as part of routine housekeeping procedures. The exemption is not applicable to sludges mixed with wastewater or sludges that generate wastewaters.
 
08/01/1984UNDETONATED EXPOSIVES, DISPOSAL OF OFF-SPECIFICATIONQuestion & Answer
 Description: The disposal of off-specification, undetonated explosives used in oil exploration is not covered under the 261.4(b)(5) Bevill exclusion.
 
07/01/1984PRODUCED WATERS FROM NATURAL GAS EXPLORATION - EXCLUSIONQuestion & Answer
 Description: A water-methanol mixture used to prevent wellheads from freezing qualifies for the 261.4(b)(5) exclusion when discarded.
 
07/01/1984RECYCLING BAGHOUSE DUSTQuestion & Answer
 Description: Baghouse dust from an incinerator that burns non-fossil fuels is hazardous if it is characteristic. Dust that is not excluded under the 261.4(b)(4) Bevill exemption for fossil fuel combustion wastes is considered a sludge for purposes of the recycling regulations.
 
07/01/1984SMELTER SLAGQuestion & Answer
 Description: Smelter slag does not qualify for the 261.4(b)(4) Bevill exemption for fossil fuel combustion wastes, but it may qualify for the 261.4(b)(7) exemption for the processing of ores and minerals.
 
06/01/1984AQUEOUS SOLUTION FROM COAL FLUE GAS EMISSIONS ARE EXEMPTQuestion & Answer
 Description: Emission control wastes from flue gas desulfurization are exempt under the 261.4(b)(4) Bevill exemption for fossil fuel combustion wastes.
 
05/09/1984MINING LABORATORY WASTES UNDER 40 CFR 261.4(B)(7) - EXCLUSION OFMemo
 Description: Mining laboratory wastes (nitric acid and fire assay cupels) are excluded by the 261.4(b)(7) Bevill exemption for mining and mineral processing wastes (SUPERSEDED: see current 261.4(b)(7)).
 
04/01/1984WASTE FROM CLEANING DRILLING EQUIPMENTQuestion & Answer
 Description: Water used to steam-clean oil and gas drilling equipment off site is excluded under 261.4(b)(5). Solvent used to clean equipment is not excluded because it is not uniquely associated with the industry.
 
07/05/1983PHOSPHATE AND GAS PROCESSING INDUSTRY WASTESMemo
 Description: In 1983, gypsum was excluded as a Bevill-exempt mining and mineral processing waste, but the Agency was considering regulation at a later date (SEE ALSO: 261.4(b)(7) - gypsum from the processing of phosphate rock is not listed as exempt in 261.4(b)(7)). Discusses the regulation of Radium 226.
 
05/25/1983OIL AND GAS EXEMPTION IN 3001(B)(2)(A) OF RCRA: IRON SPONGE PROCESSMemo
 Description: A waste iron sponge used to sweeten (remove hydrogen sulfide) natural gas at a natural gas processing plant is not excluded from the definition of hazardous waste by the 3001(b)(2)(A) exemption for exploration, production, and development wastes. Provides a general description of the natural gas production process.
 
04/19/1983SUBTITLE C EXCLUSION OF DRILLING FLUIDS AND PRODUCED WATERSMemo
 Description: The exploration, development, or production (EDP) exclusion applies only to wastes that are uniquely associated with crude oil, natural gas or geothermal energy EDP. Spent solvents, pesticide wastes, and discarded CCPs that are not uniquely associated are not excluded (similar to Bevill policy on mining and mineral processing at 261.4(b)(7) or cement kiln dust exclusion at 261.4(b)(8)) (SEE ALSO: 63 FR 28556; 5/26/98).
 
02/18/1981EPA REGULATION OF UTILITY WASTEMemo
 Description: The Bevill exemption for fossil fuel combustion wastes covers wastes from burning mix of fossil and alternative fuels, as long as the mix is at least 50% fossil fuels. The exclusion covers wastes from burning coal and hazardous waste, as long as mix is at least 50% coal (SUPERSEDED: see 266.112). "Primarily" means 50% fossil fuels. The exclusion covers wastes generated, mixed, co-disposed or co-treated with large-volume fossil fuel wastes. The exemption is restricted to wastes directly associated with combustion, steam generation or water cooling. Clarification of co-management (SUPERSEDED: See 58 FR 42466; 8/9/93).
 
01/13/1981FOSSIL FUEL COMBUSTION WASTE EXCLUSION IN 261.4(B)(4), FUEL MIXTURESMemo
 Description: Fossil fuels include coal, oil, and natural gas. “Primarily” means fossil fuels constitute 50% of the fuel. Wastes from the burning of coal and hazardous waste are excluded under the Bevill exemption for fossil fuel combustion (FFC) wastes if coal is >50% of the fuel. Boiler cleaning solutions, boiler blowdown, demineralizer regenerant, pyrites, and cooling tower blowdown are exempt if they are co-disposed or co-treated (SUPERSEDED: See 65 FR 32213, 32219; 5/22/2000). Activities that are not directly associated with FFC are not excluded (e.g., plant maintenance or construction). Combustion wastes that are specifically listed are not excluded. Boiler blowdown, boiler cleaning solutions, demineralizer regenerant, pyrites, cooling tower blowdown (hereinafter “other wastes”) disposed of or treated separately from FFC wastes or mixed with only small amounts of FFC waste are not exempt (SEE ALSO: 56 FR 7134; 2/21/91, 58 FR 42468; 8/9/93).
 
09/04/1980DRILLING OPERATIONS, EXEMPTION OF CERTAIN WASTE FROMMemo
 Description: The exclusion in 261.4(b)(5) applies to only oil, natural gas, or geothermal exploration. Similar wastes from other operations may be regulated if they are characteristic. Generators may apply knowledge in lieu of testing.
 
Show details for BoilersBoilers
Show details for BurningBurning
Show details for Buy RecycledBuy Recycled
Show details for Characteristic WastesCharacteristic Wastes
Show details for Chemicals (RCRA)Chemicals (RCRA)
Show details for CleanupCleanup
Show details for Cleanup (RCRA)Cleanup (RCRA)
Show details for Closure (Hazardous Waste)Closure (Hazardous Waste)
Show details for CombustionCombustion
Show details for Combustion of Hazardous WasteCombustion of Hazardous Waste
Show details for ComplianceCompliance
Show details for CompostingComposting
Show details for Conditionally Exempt Small Quantity Generators (CESQG)Conditionally Exempt Small Quantity Generators (CESQG)
Show details for Construction and Demolition WastesConstruction and Demolition Wastes
Show details for ContainersContainers
Show details for Containment BuildingsContainment Buildings
Show details for Corrective Action (RCRA)Corrective Action (RCRA)
Show details for Corrosive WastesCorrosive Wastes
Show details for Crude OilCrude Oil
Show details for Delisting PetitionsDelisting Petitions
Show details for DisposalDisposal
Show details for Drip PadsDrip Pads
Show details for Educational MaterialsEducational Materials
Show details for Enforcement (RCRA)Enforcement (RCRA)
Show details for EPA FormsEPA Forms
Show details for Exclusions (RCRA)Exclusions (RCRA)
Show details for ExportsExports
Show details for F-wastesF-wastes
Show details for Financial Assurance (hazardous waste)Financial Assurance (hazardous waste)
Show details for Financial Assurance (nonhazardous waste)Financial Assurance (nonhazardous waste)
Show details for GasGas
Show details for GeneratorsGenerators
Show details for Grants (hazardous Waste)Grants (hazardous Waste)
Show details for Grants (municipal solid waste)Grants (municipal solid waste)
Show details for Groundwater MonitoringGroundwater Monitoring
Show details for Hazardous WasteHazardous Waste
Show details for Hazardous waste dataHazardous waste data
Show details for Hazardous Waste IdentificationHazardous Waste Identification
Show details for Hazardous Waste RecyclingHazardous Waste Recycling
Show details for Household Hazardous WasteHousehold Hazardous Waste
Show details for Identification of Hazardous WasteIdentification of Hazardous Waste
Show details for ImportsImports
Show details for IncinerationIncineration
Show details for IncineratorsIncinerators
Show details for Industrial FurnacesIndustrial Furnaces
Show details for Industrial WastesIndustrial Wastes
Show details for Jobs Through Recycling ProgramJobs Through Recycling Program
Show details for K-wastesK-wastes
Show details for Land Disposal RestrictionsLand Disposal Restrictions
Show details for Land Disposal UnitsLand Disposal Units
Show details for Land Treatment UnitsLand Treatment Units
Show details for LandfillsLandfills
Show details for Large Quantity Generators (LQG)Large Quantity Generators (LQG)
Show details for Legislation (hazardous waste)Legislation (hazardous waste)
Show details for Liability (Hazardous Waste)Liability (Hazardous Waste)
Show details for Listing Hazardous WasteListing Hazardous Waste
Show details for ManifestManifest
Show details for Medical WasteMedical Waste
Show details for Mercury WastesMercury Wastes
Show details for Military MunitionsMilitary Munitions
Show details for Mining WasteMining Waste
Show details for Miscellaneous UnitsMiscellaneous Units
Show details for Mixed Waste (radioactive waste)Mixed Waste (radioactive waste)
Show details for Municipal Solid WasteMunicipal Solid Waste
Show details for Native Americans - TribesNative Americans - Tribes
Show details for Natural GasNatural Gas
Show details for Nonhazardous WasteNonhazardous Waste
Show details for OilOil
Show details for Oil FiltersOil Filters
Show details for P-wastesP-wastes
Show details for PCBsPCBs
Show details for Permits and PermittingPermits and Permitting
Show details for PetitionsPetitions
Show details for Petroleum Refining WastesPetroleum Refining Wastes
Show details for Polychorinated Biphenyls (PCBs)Polychorinated Biphenyls (PCBs)
Show details for Post-closure (hazardous waste)Post-closure (hazardous waste)
Show details for ProcurementProcurement
Show details for Public ParticipationPublic Participation
Show details for Radioactive Mixed WasteRadioactive Mixed Waste
Show details for Reactive WastesReactive Wastes
Show details for RecyclingRecycling
Show details for Reducing WasteReducing Waste
Show details for Siting (waste facilities)Siting (waste facilities)
Show details for Small Quantity Generators (SQG)Small Quantity Generators (SQG)
Show details for Solid WasteSolid Waste
Show details for SolventsSolvents
Show details for Source ReductionSource Reduction
Show details for Special WastesSpecial Wastes
Show details for State Programs (RCRA)State Programs (RCRA)
Show details for StorageStorage
Show details for Surface ImpoundmentsSurface Impoundments
Show details for TanksTanks
Show details for Test MethodsTest Methods
Show details for Toxicity CharacteristicToxicity Characteristic
Show details for TransportersTransporters
Show details for TreatmentTreatment
Show details for TSDFsTSDFs
Show details for U-wastesU-wastes
Show details for Underground Storage Tanks (UST)Underground Storage Tanks (UST)
Show details for Universal WasteUniversal Waste
Show details for Used OilUsed Oil
Show details for VariancesVariances
Show details for Waste Determinations for Combusted Non-Hazardous Secondary MaterialsWaste Determinations for Combusted Non-Hazardous Secondary Materials
Show details for Waste MinimizationWaste Minimization
Show details for Waste PilesWaste Piles
Show details for Waste ReductionWaste Reduction
Show details for Wood Preserving WastesWood Preserving Wastes
Show details for (Not Categorized)(Not Categorized)
For more information on commonly used environmental terms please visit the Terms of the Environment EPA Home Page

 

 
Begin Site Footer

EPA Home | Privacy and Security Notice | Contact Us