&EPA
                           United States
                           Environmental Protection
                           Agency
                              Office of
                              Solid Waste and
                              Emergency Response
Publication 9347.3-12FS
January 1991
Superfund  Guide to
RCRA  Management
Requirements  for  Mineral
Processing  Wastes
  Office of Emergency and Remedial Response
  Hazardous Site Control Division      OS-220
                                                  Quick Reference Fact Sheet
       CERCLA remedial actions must comply with (or justify a waiver of) Resource Conservation and Recovery Act
(RCRA) requirements when they are "applicable or relevant and appropriate requirements* (ARARs).  For RCRA
Subtitle C hazardous waste requirements to be applicable, the  CERCLA response action  must constitute either
treatment, storage, transport, or disposal of a RCRA hazardous waste (or a waste management unit being closed as part
of a CERCLA response action must contain hazardous waste that was originally disposed after the effective date of
RCRA regulation).   The determination of whether a CERCLA waste is  a RCRA hazardous waste is particularly
important for Superfund site  managers Handling wastes that originally were generated during mineral processing
operations, but recently were removed from the mining waste (Bevill) exclusion (RCRA section 3001(b)(3)(A)(ii)) and
are now regulated as hazardous wastes. The purpose of this guide is to summarize recent revisions to the 1980 mining
waste exclusion, explain the potential effects of these  revisions on waste management options for mineral processing
wastes, and provide a general framework for managing mineral processing wastes at CERCLA sites in accordance with
RCRA land disposal restrictions (LDRs) and the recently promulgated toxidty characteristics (TO rate.
BACKGROUND

    The   1980  mining  waste  exclusion,  RCRA
§3001(b)(3)(A)(ii), excluded solid wastes generated in
the "extraction, benefication, and processing of ores and
minerals" from regulation as hazardous waste under the
RCRA Subtitle C program, pending the completion of
a Report to Congress  and  a decision by EPA on
whether regulation  as hazardous  waste is warranted.
From 1980 through 1989, this exclusion encompassed all
"solid  waste  from  the  exploration,  mining^  milling
        and refining of ores anf* mineral.* A Federal
Court of Appeals ruling (Environmental Defense Fund v.
EPA, 852 F.2d 1316, {D.C Or. 1988} cert denied, 109
S.CL 1120  (1989)),  however, concluded  that only
mineral processing wastes that are "high volume, low
hazard" should be exempted from RCRA  Subtitle C
regulations  under   the   mining   waste  exclusion.
Therefore,  in response to the Court decision, EPA
developed definitions for extraction, benefkiation, and
mineral processing (see Highlight 1) and criteria (54 FR
36592,  September L  1989)  (see  Highlight 2) for
determining if a mineral processing waste stream is
"high  volume"  and  "low   hazard" to  assist  in
determinations of which mineral processing  wastes
would continue  to be  excluded.   Based on  these
definitions and criteria, five wastes were retained under
the mining waste exclusion for study in a Report to
Congress.   In addition,  the  rule  identified 20  other
wastes,  for  which the exclusion  was  "conditionally
                        retained," that required further study before a decision
                        could be made  on whether or not  they should be
                        excluded from hazardous waste regulation and included
                        in the scope of the Report to Congress. The September
                        1,1989 rule also removed all other mineral processing
                        wastes from the exclusion.

                          EPA promulgated a subsequent rule (55 FR 2322,
                        January 23, 1990) removing  five of the remaining 20
                        "conditional" wastes from the mining waste exclusion.
                        The remaining 15 wastes for which the exclusion had
                        been conditionally retained (by the September L, 1989
                        rule) were retained for study in the Report to Congress.
                        Thus, these 15 wastes, along with the five wastes for
                        which the exclusion was retained by the September 1,
                        1989 rule, comprise the 20 mineral processing wastes
                        th«f are currently excluded from regulation as hazardous
                        wastes under  RCRA.  Each of these  20 wastes  (see
                        Highlight 3)  is  currently under  study by EPA to
                        determine the most appropriate  regulatory  program.
                        EPA  submitted the Report  to Congress on Jury 31,
                        1990.  An Agency decision on which, if any, of these 20
                        wastes will  be subject to Subtitle  C is scheduled for
                        early 1991.

                          In a September 13,1988 rulemaking (53 FR 35412),
                        six mineral processing wastes that  were formerly listed
                        RCRA hazardous  wastes (and later exempted from
                        RCRA Subtitle C requirements by the mining waste
                        exclusion) were relisted in response  to  the court

-------
                      Highlight 1
            DEFINITIONS OF EXTRACTION,
      BENEFIOATION.ANDMINERALPROCESSING

  Extraction is the process of mining *nd removing ores and
  minerals from the ground

  Benefieiation is defined as crushing; grinding; washing;
  dissolution; crystalliation; filtration; sorting (tout; drying;
  sintering; pelletmng; briquetting; calcining to remove water
  and/orcarbon dioxide; roasting, autodaving, and/or
  chlorination in preparation for leaching (except where the
  roasting (and/or autoclaving and/orcnlorinatiot>)/Vtaching
  sequence produces a final or intermediate product that does
  not undergo further beaefidation or processing); gravity
  concentration; magnetic separation; electrostatic separation;
  floatation; ion exchange; solvent extraction; electrowinniag;
  precipitation; amalgamation; and heap, dump, vat, tank, and
  in_$jtu leaching. (40 CFR 26L4(b)(7))

  Mineral processing operations are operations that

  •  follow beneficiation of an ore or mineral (if applicable);
  •  serve to remove the desired product from an ore or
     mineral, or enhance the characteristics of ores or
     minerals or benefidated ores or minerals;
  •  use mineral-value feedstocks that are comprised of less
     than SO percent scrap materials;
  •  produce either a final mineral product or an intermediate
     to the final produce and
  •  do not combine the product with another material that is
     not an ore or mineral, or beneficiated ore or mineral
     (e.£, alloying), do not involve fabrication or other
     manufacturing activities, and do not involve further
     processing of a marketable product of mineral prrTtrig
     (A listing of criteria is provided in the preamble to the
     September 1, 1989 rulemaking, 54 PR 36592).
decision in EDF v. EPA as RCRA hazardous wastes.
These wastes are:

• K064   Acid plant blowdown slurry/sludge resulting
          from the thickening of blowdown slurry from
          primary copper production

• K065   Surface impoundment solids contained in and
          dredged  from  surface  impoundments   at
          primary lead smelting facilities

• K066   Sludge from treatment of process wastewater
          and/or acid  plant  blowdown  from primary
          zinc production

• K088   Spent   potiiners   from  primary   aluminum
          reduction

• K090   Emission  control   dust  or  sludge   from
          ferrochromiumsuicon

• K091   Emission  control   dust  or  sludge   from
          ferrochromium production
                       Highlight 2
     HIGH VOLUMEANDLOW HAZARDDEFINmONS

   EPA defines 'high volume" mineral processing wattes as:

   (1)  non-liquid mineral processing wastes that were
       generated at an average annual rate of greater than
       45,000 metric tons per year per facility, and

   (2)  liquid mineral processing wastes that were generated at
       an average annual rate of more than 1,000/100 metric
       tons per year per facility during any year between 1983
       and 1988 (see 54 PR 36629).

   A high volume mineral processing waste is not low hazard*
   if samples of the waste from two or more facilities fail the
   Synthetic Precipitation Leaching Procedure (SPLP) Test or
   the pH Test (see 54 FR 36630).*

   * NOTE- The SPLP and pH tests are not related to the
           TCLP test.
   In July,  1990, a  Federal  Court  of Appeals ruling
remanded the listings  of five of these wastes (AMC v.
EPA, 31 EEC 1935). At this time, K088 is the only one
of these  six wastes  that  is a listed RCRA hazardous
waste; the other five wastes are RCRA hazardous wastes
only  if  they  exhibit  one  or  more  of the  RCRA
hazardous waste characteristics.

RCRA WASTE DETERMINATIONS

   In order to ensure  that Superfund response actions
comply  with  applicable  RCRA   requirements,  site
managers first need to know if RCRA hazardous wastes
are present at the site.  The determination of whether
RCRA wastes are present at mining or smelting sites is
affected by the two mineral processing waste regulations
discussed above.  If  a mineral processing waste (except
the  20 wastes currently under study)  is transported,
treated, stored,  or disposed  of  as  part of a CERCLA
response  action,  it  is  subject to hazardous  waste
regulations  under RCRA Subtitle C if it meets the
definition of a RCRA hazardous waste (i.e., is listed or
exhibits a characteristic).

   EPA recently promulgated the toxiciry characteristics
(TC) rule, which may affect when mineral processing
wastes are  hazardous wastes.  The TC rule  (55 FR
 11798, March 29,1990), which took effect on September
25,  1990, replaces the extraction  procedure  (EP) with
 the Toxtcity Characteristic Laachhig Procedure (TCLP)
test   to   define  when   a   waste   is   hazardous  by
 characteristic.   The  TC also  adds an additional  25
regulated constituents (all of which are organks) to  the
 14  constituents  previously  regulated  under  the  EP
 toxiciry test (see CERCLA Compliance with  the RCRA
 Tenacity  Characteristics  (TC) Pule, Part n, Publication
 93473-11FS).

-------
                                                     Highlight 3
              MINERAL PROCESSING WASTES CURRENTLYRETAINEDUNDERTHE MINING WASTE EXCLUSION
           Mineral Processing Wastes
                                                        Commodity sector
      * Red and brown mods from bauxite refining	  Alumina
        Gasifer ash from coal gasification 	  Coal Gasification
        Process wastewater from coal gasification
        Calcium sulfate WWT plant sludge from primary copper processing  	  Copper
      * Slag from primary copper processing
        Slag tailings from primary copper processing
      * Slag from elemental phosphorous production	  Elemental Phosphorous
        Fluorogypsum from hydrofluoric acid production	  Hydrofluoric Acid
        Process wastewtter from hydrofluoric acid production
        Air Pollution Control (APC) dust/sludge from iron blast furnaces	  Iron
        Iron blast furnace slag
      • Slag from primary lead processing	  Lead
        Process wastewater from primary magnesium rrr*iffg by the anhydrous process	  Magnesium
        Phosphogypi
fa
i phosphoric acid production 	 Phosphoric Acid
        Process wastewater from phosphoric acid production
        Treated residue from roasting/leaching of chrome ore	  Sodium Chromate/Bichromate
        Bask Oxygen Furnace (BOF) and Open Hearth Furnace (OHF) APC dust/sludge
          from carbon steel production 	  Steel
        BOF and OHF slag from carbon steel production
        Chloride process waste solids from titanium tetrachloride production	  Titanium Tetrachloride
        Slag from primary zinc processing	  Zinc

        Original five wastes retained under the exclusion in the September I, 1989 rule. The n*n"'"'"g IS wastes were retained in the
        January 23,1990 rule. All other mineral processing wastes are subject to Subtitle C regulation if they are hazardous waste by listing
        or characteristic.)
     As with the EP, site managers are not required to
test  wastes to  determine if they exhibit  the toxicity
characteristic based on the TCLP; knowledge of the
wastes  may  be  sufficient    Specific  knowledge  of
Superfund wastes may not be available in many cases,
and   testing   may  be  necessary  to   make   this
determination.  In general,  mineral processing wastes
that did not exhibit the tenacity characteristic  based on
the EP test also would be expected not to exhibit the
toxicity characteristic using the TCLP test  However, in
limited cases, wastes that were not hazardous under the
EP  may be  hazardous under  the TCLP,  and  site
managers will need to base decisions  on whether to
"retest" on previous results and site-specific factors.

     At   sites    where   RCRA   hazardous   waste
requirements may not be  applicable   (e.g^  listed or
characteristically  hazardous mineral processing wastes
are not'known to be present), site managers still must
determine  if the  requirements  are  relevant  and
appropriate (based on the factors discussed in the NCP
preamble, see 55 FR 8743 and 8763). [NOTE:  In some
circumstances, RCRA requirements may be relevant and
appropriate to mining  wastes that have been excluded
from RCRA (or are under review).]

RCRA WASTE MANAGEMENT

     Mineral processing wastes other than those listed
in H'ghllgi'* 3  (i.en wastes  removed from the mining
waste exclusion)  would have  to exhibit  the toxicity
                                        characteristic,  one  of the other three  characteristics
                                        (ignitability, corrosrvity,  or reactivity) or be listed as
                                        hazardous waste, before being regulated  under Subtitle
                                        C.  [Note:  Solid  wastes that  still are  excluded  from
                                        Subtitle C regulation, such as extraction or benefication
                                        wastes, or that do not exhibit a characteristic and are
                                        not listed, must be managed in accordance with Subtitle
                                        D of RCRA.]

                                          Mineral processing wastes that have  been removed
                                        from the mining waste exclusion and are determined to
                                        be hazardous are subject to Subtitle C requirements in
                                        those  states  that   do  not  have  authorization  to
                                        administer then1 own hazardous waste  program  (Le.,
                                        non-authorized   RCRA  states).       Generators,
                                        transporters,  and  treatment,  storage,   and  disposal
                                        facilities in authorized states will be subject to RCRA
                                        requirements only after the state revises its program to
                                        reflect the changes in Federal regulations and  EPA
                                        authorizes the revision.  (Of course, the requirements
                                        will be applicable as state law if the state law is effective
                                        prior to  authorization.)    The rule  is not  effective
                                        automatically  in authorized states  because  it is not
                                        required as part of the Hazardous  and  Solid Waste
                                        Amendments (HSWA) of 1984 (the provisions of which
                                        are effective in all states once promulgated by EPA).

                                          All  mineral  processing  wastes  that  now  are
                                        considered RCRA hazardous wastes (Le., non-excluded
                                        mineral  processing  wastes that  are  characteristic or
                                        listed) are considered to be "newly identified" wastes
                                        and will not have treatment standards under the land

-------
                            Summary of  Mining Waste Exclusion
                          Extraction. b*n*flclatton.
                           and processing wastes
                                    Is
                                wast* from
                               •xtrsctton or
                           benenctation process?
                              (seehtgntgm 1)
                                 Is wast*
                             mineral processing
                              wast* Isted In
                                Wghtght 3?
                            Wast* ts excluded
                              fromSubtm* C
                           and must be managed
                              under Subtm* 0
                           Waste I* temporarily
                          exempt from Subtitle C
                           pending study: waste
                          must be managed as a
                             Subtitle 0 wast*
                              Wast* has been
                               removed from
                             mineral processing
                                 exclusion
                                    Is
                                  waste a
                              hazardous waste
                               (I.e.. Isted or
                                  actertstlc)
                                 Ha* EPA
                              •stabtsned LOR
                            treatment standards
                              for me wast**?
                           Wast* I* r*gUat*d
                            under Subtitle 0
                               of RCRA
                              Comply with the
                              appropriate LOR
                            treatment standard*
                               for the wast*
Manage treatment residual* a*
Subtitle C wast** unless:
 (1) wastes are d*»*t*d
    (If **t*d wast* I  and/or
 (2) wast* no longer exnfttt*
    characteristic
    (If characteristic waste)
                              Manage waste* In
                              accordance with
                           Subtitle C reo**rem*nt*
              As of this
              for any
 EPA has not set LOR treatment standard*
processing wastes removed from the Mining Waste Exclusion
disposal  restrictions (LDRs)  until EPA completes a
separate LDR rulemalting. Furthermore, no other LDR
restrictions (e.g., soft hammer requirements, California
list requirements) apply to these newty identified wastes.
However, formerly excluded mineral processing wastes
                                    that now are considered hazardous must be disposed of
                                    in accordance with other Subtitle C requirements (e.g^
                                    in a regulated Subtitle C disposal unit) unless they are
                                    delisted or treated to remove the characteristics) that
                                    make them  hazardous.
  NOTICE: The policies tet oat in this memorandum are intended sotety a* guidance. They are not intended, nor can they be relied upon, to
  crcste any rights enforceable by any party in litigation with the United States. EPA offidali may decade to follow the guidance provided in
  coif memorandum, or to act at variance with the guidance, based on an analycif of specific tile cacuawance*. The Agency also reserves the
  right to change this guidance st any time  without public notice.

-------