&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
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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).
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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
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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.
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