United States Office of Solid Waste
Environmental Protection and Emergency Response EPA/530-SW-91-053
Agency (OS-305) May 1991
Office of Solid Waste
v°xEPA Environmental
Fact Sheet
Agency Determines Final Regulatory
Status of Special Wastes from
Mineral Processing
BACKGROUND
Under the Resource Conservation and Recovery Act (RCRA), mining
wastes from the extraction, beneficiation, and processing of ores and
minerals are solid wastes. RCRA Section 3001(b)(3), the "Bevill
Amendment," has excluded these wastes from regulation as RCRA
hazardous wastes under Subtitle C until the Environmental Protection
Agency (EPA) makes a final regulatory determination.
This action is the culmination of a number of studies and reports
characterizing mining wastes, and a part of the continuing effort
toward the development of a mining waste management program.
In 1985, EPA completed a Report to Congress on extraction and
beneficiation wastes and determined in 1986 that their regulation as
hazardous waste was not warranted. Final rules published in
September 1989 and January 1990, defined "high volume" and "low
hazard" criteria and applied these criteria to processing wastes to
determine which wastes remained within the Bevill exclusion. Out of
more than a hundred possible mineral processing waste streams, 20
specific waste streaims were retained within the Bevill exclusion. These
20 wastes were the subject of a Report to Congress issued in July
1990. This Report served as both an information source and a
proposed rule. It, along with a Notice of Data Availability published in
January 1991, is the primary basis for the regulatory decisions in this
rulemaking..
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ACTION
This rulemaking covers 20 mineral processing wastes generated by 91
SluTs in 29 states, representing 12 mineral commodity sectors (see
Attachment A).
The Agency has determined that regulation under RCRA Subtitle C is
inappropriate or infeasible for all 20 wastes because these wastes
SSKJUt no or negligible hazardous -tog^g^™
or are not amenable to the requirements of Subtide C Eighteen ot
these wastes will become subject to the Agency s developing RCRA
Subtitle D mining waste program. The remaining two wastes-
i^sS^^^^
rdyon existing authorities under RCRA, Section 7003 and Section 106
of the Comprehensive Environmental Response. Compensation and
Liability Act (CERCLA) to deal with any imminent or substantial
hoards that may be present or arise due to the management of these
wSes arphoTphoncacid production sites. These authorities requ.re
containment and/or remediation, as necessary.
Under TSCA, EPA has the authority to prohibit or regulate any manner
or method of disposal of a chemical substance or mixture bya^e
who uses or disposes of it for commercial purposes, ^ost importantly.
TSCA can be used to effectively explore, promote, and enforce pollution
preventon and/or source reduction approaches in the phosphoric acid
production industry.
The July 1990 Report to Congress proposed to ban the use of elemental
phosphorus slag in construction and/or land reclamation due to
Sac W levels in the slag. EPA is uncertain about the potential
gamma radiation exposures and risks associated with elemental
Chorus slag and has postponed any regulatory determination
pending more extensive review.
States are responsible for implementing the management stondards for
Several processing wastes. Therefore, the effective date for this
rulemaking is determined by the individual states.
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CONTACT
For additional information or to order a copy of the Federal Register
notice, contact the RCRA Hotline, Monday-Friday, 8:30 a.m. to 7:30
p.m. EST. The national, toU-free number is (800) 424-9346; TDD (800)
553-7672 (hearing impaired); in Washington, D.C., the number is (703)
920-9810, TDD (703) 486-3323.
Copies of documents applicable to this rulemaking may be obtained by
writing: RCRA Information Center (RIC), U.S. Environmental Protection
Agency, Office of Solid Waste (OS-305), 401 M Street SW, Washington,
D.C. 20460.
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Attachment A
Mineral Processing Wastes Addressed in
This Regulatory Determination
Alumina
Red and brown muds from bauxite refining
Chromium (sodium chromate/dichromate)
Treated residue from roasting/leaching of chrome ore
Coal Gas
Gasifer ash from coal gasification
Process wastewater from coal gasification
Copper
Slag from primary processing
Calcium sulfate wastewater treatment plant
sluge from primary processing
Slag tailings from primary processing
Elemental Phosphorus
Slag from primary production
Ferrous Metals (iron and carbon steel)
Iron blast furnace air pollution control dust/sludge
Iron blast furnace slag
Basic oxygen furnace and open hearth furnace air
pollution control dust/sludge
Basic oxygen furnace and open hearth furnace slag
Hydroflouric Acid
Fluorogypsum
Process wastewater
Lead
Slag from primary processing
Magnesium
Process wastewater from primary magnesium
processing by the anhydrous process
Phosphoric Acid
Phosphogypsum
Process Wastewater
Titanium Tetrachloride
Chloride process waste solids
Zinc
Slag from primary processing
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