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Show details for Air Emissions (RCRA)Air Emissions (RCRA)
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Hide details for Mining WasteMining Waste
09/15/2010STATUS OF SPENT SYNTHETIC PIT LINERS USED IN OIL AND GAS EXPLORATION AND PRODUCTION (E&P) OPERATIONSMemo
 Description: Synthetic pit liners used in oil and gas exploration and production (E&P) operations are not intrinsic to or uniquely associated with operations associated with the exploration, development, or production of crude oil and natural gas. Therefore, although spent synthetic pit liners are wastes derived from E&P operations, they are not covered by the exemption. (See Also: RO 14815)
 
09/15/2010STATUS OF SPENT SYNTHETIC PIT LINERS USED IN OIL AND GAS EXPLORATION AND PRODUCTION (E&P) OPERATIONSMemo
 Description: Synthetic pit liners used in oil and gas exploration and production (E&P) operations are not covered by the exploration and production exemption because they are not intrinsically derived from, or uniquely associated with, operations associated with the exploration, development, or production of crude oil and natural gas. Not all wastes generated by E&P operations are exempt; EPA has consistently interpreted that the exemption extends only to those wastes studied in the Report to Congress or otherwise identified in the 1988 Regulatory Determination or the 1993 Clarification. Reserve pits are an integral part of drilling operations but are not intrinsic to drilling operations. Synthetic liners are used for a variety of other applications and therefore not "uniquely associated" with E&P operations. Synthetic liners are not employed to facilitate the extraction, development, and production of the resource; rather, they are employed to facilitate its containment. EPA does not consider the placement of exempt E&P waste on a non-exempt pit liner to constitute the creation of a mixture. Mixtures constitute a comingling or blending of two or more substances. (See Also: 14816)
 
06/01/2007Environmental Fact Sheet: Beneficial Uses for Chat FinalizedPublication
 Description: This fact sheet discusses the final rule encouraging the safe and beneficial use of chat in transportation construction projects and other non-transportation projects. Chat is a gravel-like waste created from lead and zinc mining activities in the Oklahoma, Kansas, and Missouri Tri-state district. Beneficially using chat will reduce the current health and environmental hazards posed by existing surface-level chat piles.
 
06/01/2007Environmental Fact Sheet: Tri-State Mining District – Chat Mining WastePublication
 Description: This fact sheet provides guidance, jointly issued by EPA Regions 6 and 7, on the uses of chat that would be consistent with the final rule encouraging the safe and beneficial use of chat in transportation construction projects and other contexts. Chat is a gravel-like waste created from lead and zinc mining activities in the Oklahoma, Kansas, and Missouri Tri-state district. This fact sheet serves as guidance for chat washers, vendors who use chat (chat use), and for anyone selling chat, and provides recommendations on the use of chat that EPA believes will generally be protective of human health and the environment.
 
03/01/2006Environmental Fact Sheet: Beneficial Uses of Chat ProposedPublication
 Description: This fact sheet discusses the proposed criteria for the beneficial use of chat in transportation construction projects and non-transportation, non-residential concrete and cement projects. Chat is a gravel-like waste created from lead and zinc mining activities in the Oklahoma, Kansas, and Missouri tri-state district between the late 1800s and mid 1900s. EPA believes the proposed uses of chat are protective of human health and the environment. The proposed criteria involve safely encapsulating chat particles in asphalt or cement and concrete.
 
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.
 
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).
 
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.
 
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).
 
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.
 
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.
 
04/01/1998Environmental Fact Sheet: Treatment Standards Set for Toxicity Characteristic (TC) Metal Wastes, Mineral Processing Wastes, and Contaminated SoilPublication
 Description: Announces EPA's promulgation of treatment standards for metal-bearing wastes, including TC waste with high levels of metal constituents, and waste generated in mineral processing operations. Discusses miscellaneous issues related to mineral processing wastes and the amendment of treatment standards for soil contaminated with solid wastes. Reports on exclusion from regulation of certain waste waters from wood preserving operations.
 
09/01/1997Native American Network (September 1997)Publication
 Description: This issue of the Native American Network features the White Mountain Apache Tribe's efforts to close a former dump site and discusses two new EPA grant programs for Indian Country. Other articles include the formation of the Tribal Association on Solid Waste and Emergency Response (TASWER), EPA's Solid Waste Circuit Rider program, new flexibility for small landfills, expansion of the WasteWi$e program to tribal governments, Southern Ute Indian Tribe co-sponsors a solid waste round table with EPA, Tribal Operations Committee (TOC), and site-specific flexibility for landfills in Indian Country. Resources featured include grant resources for solid waste activities in Indian Country, publications on solid waste and mining waste management in Indian Country, and a tip sheet on the upcoming deadlines for municipal solid waste landfills.
 
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).
 
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).
 
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.
 
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).
 
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.
 
08/15/1994Technical Resource Document: Iron - Extraction and Beneficiation of Ores and Minerals, Volume 3Publication
 Description: One of a series of profiles of major mining sectors. Describes iron ore extraction and beneficiation operations with specific reference to the waste and materials associated with these operations and the potential environmental effects that may result from iron mining. Report concludes with a description of current regulatory programs that apply to the iron mining industry as implemented by EPA, the Federal land management agencies, and selected states.
 
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.
 
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).
 
04/15/1994Innovative Methods of Managing Environmental Releases at Mine SitesPublication
 Description: Describes source reduction and recycling practices and innovative techniques for waste management currently used in mining. Discusses process control to produce purer products and production of new salable products while reducing hazardous constituents in the waste stream. Examines recycling opportunities unique to mining, such as slag reprocessing, tailings reprocessing, pipe recycling/reuse, and recycling mine tires. Lists technical contacts familiar with each technology described.
 
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).
 
03/15/1994U.S. Environmental Protection Agency Mine Waste Policy Dialogue Committee Meeting Summaries and Supporting MaterialPublication
 Description: This document contains the transmittal memorandum and charter establishing the EPA's Mine Waste Policy Dialogue Committee, the list of participants, summaries of the meetings, the EPA memorandum concerning procedural approaches to develop a template and conduct states reviews, and the Policy Dialogue Committee White Paper. It also defines mining waste issues and identifies differing positions on the issues.
 
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.
 
04/26/1993REGULATORY 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.
 
10/28/1992REGULATORY REQUIREMENTS PERTAINING TO THE MANAGEMENT OF WASTE SOLVENTS AND USED OILMemo
 Description: A generators may make a hazardous waste determination either by testing or by applying knowledge of the characteristics of the waste, in light of materials or process used in its generation; testing is not required. A generator must determine each waste code applicable to waste. A generator can rely on the analysis of unused mineral spirits plus knowledge of the operation to determine whether or not the resulting waste solvent exhibits any hazardous characteristic, provided he has sufficient information to make an accurate determination.
 
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.
 
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.
 
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.
 
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).
 
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.
 
09/12/1989EXCLUSIONS FOR K-WASTES DENIED (LACLEDE STEEL)Memo
 Description: Iron sulfate by-product reclaimed from K062 that is used as an effective substitute for a CCP becomes an unregulated product unless it is to be used on the land. If it is used in a manner constituting disposal, it must meet the land disposal restrictions (LDR) treatment standards prior to placement on the land. K062 that is reclaimed is not eligible for the 261.4(a)(7) exclusion because this activity does not involve the production of virgin sulfuric acid. K062 that is being reclaimed before reuse is not eligible for the 261.2(e) exclusion from the definition of solid waste. Closed-loop recycling only applies to wastes that are piped, not trucked. Secondary materials stored in a closed-loop system are not solid wastes, however, wastes from the management of these secondary materials are solid wastes and are subject to Subtitle C. Non-product residues derived from K062 reclamation are still K062.
 
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).
 
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)).
 
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).
 
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.
 
06/10/1986MINING 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).
 
05/01/1986SMALL QUANTITY GENERATOR/PARTS WASHERS/WASTE COUNTINGQuestion & Answer
 Description: A parts washer leased from Safety-Kleen functions as a manufacturing process unit. The mineral spirits are not subject to regulation until they are removed from the unit. Mineral spirits are counted when removed from the unit or 90 days after the unit ceases operation (SUPERSEDED: See RPC# 12/1/86-01).
 
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.
 
08/15/1984MINERAL 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.
 
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.
 
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)).
 
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.
 
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).
 
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