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Hide details for Bevill AmendmentBevill Amendment
10/03/2016APPLICABILITY OF THE MANUFACTURING PROCESS UNIT (MPU) EXEMPTION AT 40 CFR 261.4(C) TO FILTER CANISTERSMemo
 Description: The manufacturing process unit (MPU) exemption at 40 CFR 261.4(c) is not applicable to hazardous wastes generated in and remaining in filter canisters when such canisters are disconnected from an associated manufacturing process. Any hazardous waste within the disconnected canisters becomes subject to RCRA regulations, such as the obligation to make a hazardous waste determination and meet other applicable hazardous waste generator, transporter, and treatment, storage and disposal facility requirements, when the canister is disconnected.
 
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.
 
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