United states office of Solid Waste
Environmental Protection and Emergency Response EPA/Sao EPA Environmental
Fact Sheet
PROPOSED RULE TO IDENTIFY THE
STATUS OF TWENTY MINERAL
PROCESSING WASTES WITHIN THE
BEVILL AMENDMENT
BACKGROUND
? 12S?f Congress amended the Resource Conservation and Recovery
Act (RCRA) to temporarily exclude wastes from the extraction
beneficiation (e.g., crushing and sizing), and processing of ores and
minerals from hazardous waste regulation. Known as the Bevill
Amendment, this exclusion is temporary until EPA completes a Report
to Congress and makes a regulatory determination on the ultimate
status of these wastes.
In 1985, EPA proposed to narrow its 1980 interpretation of the Bevill
Amendment for mineral processing wastes. However, EPA later
withdrew this proposal because it believed the proposal was technically
inadequate. This withdrawal led to a lawsuit by the Environmental
Defense Fund and the Hazardous Waste Treatment Council, who
claimed that the Bevill exclusion should include only so-called "special
wastes" (i.e., only mineral processing wastes that are both "high-
volume" and "low-hazard" wastes). In July 1988, the court determined
tnat six smelting wastes were clearly hazardous and ordered EPA to list
them as hazardous. EPA did so on August 31, 1988.
On October 20. 1988 (53 £R 41288). EPA proposed the criteria by
which mineral processing wastes would be evaluated for continued
exclusion, and revised the criteria on April 17, 1989 (54 F£ 15316)
On September 1, 1989 (54 £B 36592), EPA provided the final criteria.
and made final the Bevill status of most mineral processing waste
streams, except for 20 specific waste streams. For these 20 mineral
processing wastes, EPA conditionally retained the exclusion from
Subtitle C regulation provided by Section 3001(b)(3)(A) (ii) of RCRA,
pending collection of additional information. (Attachment 1 identifies
the specific waste streams that are conditionally retained in the
September 1, 1989, final rule.)
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The September 1, 1989, final rule also made final the Bevill status of
nine mineral processing wastes streams that had been proposed either
for retention within or removal from the exclusion in the April 1989 no-
tice. EPA temporarily retained five wastes within the Bevill exclusion.
1. Slag from primary copper processing;
2. Slag from primary lead processing;
3. Red and brown muds from bauxite processing;
4. Phosphogypsum from phosphoric acid production; and
5. Slag from elemental phosphorus production.
EPA permanently removed the remaining four wastes from the Bevill ex-
clusion:
*
1. Furnace scrubber blowdown from elemental phosphorus produc-
tion;
2. Acid plant and scrubber blowdown from primary copper
processing;
3. Acid plant blowdown from primary lead processing: and
4. Air pollution control scrubber blowdown from primary tin
processing.
In addition, EPA modified the list of mineral processing wastes proposed
for conditional retention in April 1989.
All other mineral processing wastes that were proposed for conditional
retention will be permanently removed from the Bevill exclusion as of the
effective date of the September 1. 1989. final rule, which will be March 1
1990. These wastes will be. subject to RCRA Subtitle C regulation if they
are solid wastes and exhibit one or more of the characteristics of hazard-
ous waste as defined in 40 CFR 261.
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ATTACHMENT 1
Mineral Processing Wastes Conditionally Retained in the
September 1. 1989. Final Rule
1. Roast/leach ore residue from primary chromite production;
2. Gasifier ash from coal gasification;
3. Process wastewater from coal gasification;
4. Slag tailings from primary copper processing;
5. Calcium sulfate wastewater treatment plant sludge from primary
copper processing;
6. Furnace off-gas solids from elemental phosphorus production;
7. Fluorogypsum from hydrofluoric acid production;
8. Process wastewater from hydrofluoric acid production;
9. Air pollution control dust/sludge from iron blast furnaces;
10. Iron blast furnace slag;
11. Process wastewater from primary lead production;
12. Air pollution control dust/sludge from lighweight aggregate pro-
duction;
13. Process wastewater from primary magnesium processing by
the anhydrous process;
14. Process wastewater from phosphoric acid production;
15. Basic oxygen furnace and open hearth furnace slag from carbon
steel production;
16. Basic oxygen furnace and open hearth furnace air pollution control
dust/sludge from carbon steel production;
17. Sulfate processing waste acids from titanium dioxide production;
18. Sulfate processing waste solids from titanium dioxide production;
19. Chloride processing waste solids from titanium tetrachloride
production; and
20. Slag from primary zinc processing.
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ACTION
This proposed rule describes the results of EPA's application of the high-
volume and low-hazard criteria contained in the September 1, 1989, final
rule to the 20 conditionally retained mineral processing wastes. This ap-
pUcation involved a three-step process (Section IV of the proposal's pre-
amble discusses each step in detail).
Applying these criteria, EPA proposes to remove 7 mineral processing
wastes from the Bevill exclusion, and to temporarily retain 13 mineral
processing wastes within the exclusion, pending the final rulemaking In
January 1990 on the September 1989 proposal, the preparation of a Re-
port to Congress in July 1990, and in a subsequent regulatory determi-
nation in January 1991. (See Attachment 2 for the list of proposed min-
eral processing wastes for removal from the Bevill exclusion and tempo-
rary retentions within the exclusion.)
EPA is also proposing a revision to the definition of "designated facility"
to eliminate any confusion that the public and the regulated community
may have over its applicability. This proposal would provide that if a
waste is sent to an authorized state where the waste is not considered
hazardous, then the designated facility must be a facility allowed by the
state to accept the waste. This regulatory clarification would only apply
where a hazardous waste in one state is shipped to a second state that
has not yet regulated the waste as hazardous. (In fact, EPA's current
interpretation of "designated facility" leads to the same result as the
proposal.)
REQUEST FOR COMMENTS
EPA solicits public comment-on the data used to take these proposed
actions. However, EPA will not respond to comments on the Bevill min-
eral processing wastes criteria made final in the September 1, 1989, final
rule. This is because these criteria were developed in response to com-
ments submitted in two public comment periods subsequent to propos-
als published in October 1988 and April 1989.
CONTACT
For further information or to order a copy of the Federal Register notice,
please contact the RCRA hotline Monday through Friday. 8:30 a.m. to
7:30 p.m. EST. The national toll-free number is (800) 424-9346; for the
hearing impaired, it is TDD (800) 553-7672. In Washington, D.C., the
number is (202) 382-3000, or TDD (202) 475-9652.
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ATTACHMENT 2
;ssing Wastes Proposed for Removal from the
Bevlll Exclusion
1. Roast/leach ore residue from primary chromite
production;
2. Process wastewater from coal gasification;
3. Furnace off-gas solids from elemental phosphorus
production;
4. Process wastewater from hydrofluoric acid
production;
5. Process wastewater from primary lead production;
6. Sulfate processing waste acids from titanium dioxide
production; and
7. Sulfate processing waste solids from titanium dioxide
production.
Mineral Processing Wastes Proposed to Be Temporarily
Retained in the Bevill Exclusion
1. Gasifier ash from coal gasification;
2. Slag tailings from primary copper processing;
3. Calcium sulfate wastewater treatment plant sludge
from primary copper processing;
4. Fluorogypsum from hydrofluoric acid production;
5. Air pollution control dust/sludge from iron blast
furnaces;
6. Iron blast furnace slag;
7. Air pollution control dust/sludge from lightweight
aggregate production;
8. Process wastewater from primary magnesium
processing by the anhydrous process;
9. Process wastewater from phosphoric acid production;
10. Basic oxygen furnace and open hearth furnace
slag from carbon steel production;
11. Basic oxygen furnace and open hearth furnace air
pollution control dust/sludge from carbon steel
production;
12. Chloride processing waste solids from titanium
tetrachloride production; and
13. Slag from primary zinc processing.
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