oEPA
United SIMM
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9441.05(85)
TITLE: Exemption of Waste Streams Resulting from Ex-
traction, Beneficiation, or Processing of an Ore
or Mineral
»
APPROVAL DATE: 2-4-85
EFFECTIVE DATE: 2-4-85
ORIGINATING OFFICE: office of solid Waste
D FINAL
D DRAFT
LEVEL OF DRAFT
DA — Signed by AA or DAA
D 8 — Signed by Office Director
DC — Review & Comment
REFERENCE (other documents):
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Di
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261 SUBPART A - GENERAL DOC: 9441.05(85)
Key Words: Mining Wastes, Exclusion
Regulations: RCRA §3001(b)(3)(A)(ii), 40 CFR 260.10
Subject: Exemption of Waste Streams Resulting from Extraction,
Beneficiation, or Processing of an Ore or Mineral
Addressee: Charles F. Findley, Director, Air and Waste Management
Division, Region X
Originator: John H. Skinner, Director, Office of Solid Waste
Source Doc: #9441.05(85)
Date: 2-4-85
Summary:
Waste streams directly resulting from the reduction and distillation steps
used to produce zirconium, hafnium, or titanium sponge are uniquely associated
with processing these metals and are therefore excluded from regulation under
Subtitle C of RCRA. The formation of zirconium, hafnium, and titanium ingots
from sponge material or scrap does not constitute "extraction, beneficiation,
or processing of an ore or mineral," because the metal was already separated
f-rom the ore or mineral before this step. Therefore, the waste streams generated
by ingot formation are not excluded from regulation under Subtitle C of RCRA.
Waste streams generated during the fabrication and finishing steps and
treated in crucible burn pots do not constitute "extraction, beneficiation, or
processing of an ore or mineral," since the metal has already been extracted
from the ore or mineral in previous steps. The fines, turnings or chips, floor
sweepings, grinder sludge, and other wastes generated from the fabrication and
consolidation processes do not qualify for the mining waste exclusion.
According to the definition of incinerator in §260.10, both-the smokehouse
facility and crucible burn pots used in the production of these metals are
incinerators and require a RCRA permit. Both are enclosed devices and use
crude forms of controlled flame combustion to break down wastes. (Subsequently,
data were submitted to Region X by Teledyne Wah Chang Albany, convincing the
Region that the wastes were not "ignitable" and that their incineration, there-
fore, did not require a permit.)
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9441.05 (85)
4/985
f-1-.T-," ... . '. ......
SUBJECT: Applicability of RCRA Subtitle C to the
Tele dyne Wah Chang Albany Facility
PROMi John H. Skinner* Director
Office of Solid Waste (WH-562)
TO: Charles P. Findley, Director
Air and Waste Management Division, Region 10
^ *
On August 8, 1984, you requested that the Part B application
submitted by Teledyne Wah Chang Albany (TWCA) be reviewed to
determine whether the treatment of certain wastes at the facility
Is subject to the requirements of Subtitle C of RCRA. TWCA's
Part B application has been reviewed by the MITRE Corporation
(report attached) to assist in the clarification and resolution
of two issues) . : - .-••.-. •. • •-:. •.
• * Whether the hazardous wastes produced by TWCA -.-
and burned in the smokehouse facility and - ...
crucible burn pots are exempt from RCRA by
the mining waste exclusion in Section 3001(b)
(3)(A)(ii) of the Act. -
• Whether the combustion processes used by
TWCA constitute incineration, or thermal
treatment other than incineration, as
defined in 40 CFR 260.10.
I. APPLICABILITY OF MINING WASTE EXCLUSION
A. Introduction
TWCA engages in the primary production of zirconium,
hafniura, and titanium. Production of these metals consists of:
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• * -
1) - Preparatory itep» to transform the metals into
a form that can be reduced. I/ .
,-?- NV :•::.»: ;. ; -._.._••••: •• ., . •;
2) Seduction and distillation steps to produce
a lirconiua, hafnium, or titanium sponge. '.
1). Crushing, blending, alloying,-and salting of
*he sponge to form an ingot.
4) fabrication and finishing steps. - -
,,K v»*{* *** • "• "*^ * . ' •" *-•* • r> •- • '
For each of the three metals, th« following waste streams
are generated by the reduction and distillation steps used to
produce the sirconium, hafnium, or titanium sponge, and, therefore,
are uniquely associated with the processing of these metals:
1} Crucible jolting ring Bate rial,
'.-2) Crucible dump station salt,*
• : - . '. .Jl^-i Z,~'-' ~.Z i';1 3 " w - '
-j>" HagnesiuiQ chloride salt sortings, and
; -liticv-i. st nrc;^-, -'-;r..r .:. f .». , ...... ^ .
4) Magnesiun chloride aalt and metal.
' '
w.«.
i.'cr ,* fifth waste stream, sponge handling salt. Is generated
during the production of an ingot from the zirconium, hafnium,
or titanium sponge. Ingot production involves breaking up and
crushing the sponge, blending crushed sponge material from
different production runs, adding alloys, and melting the
mixture to fora an Ingot. The sponge handling salt is generated
by the breaking and crushing steps. TWGA sometimes purchases
titanium scrap to form ingots as well. The five wastes from
the above processes are treated in the smokehouse facility.
th« iK'..'^ c.f;-\.. . -••• -v. . • . .. •
l"v<" Additional wastes are generated during the fabrication and
finishing steps. They are treated in the crucible burn pots.
' • :' s:i»iV.: ' .
B« Regulatory Status of Waste Streams
i~ Wastes Treated in Smokehouse Facility
The reduction and distillation processes used to produce
the zirconium, hafnium, and titanium sponges are essential to
the separation of these raetals from the ores and minerals in
T/ In the past, rather than performing this step on titanium
ore itself, TWCA has purchased titanium chloride. This
does not affect our analysis of the status of the wastes
generated by processing titanium chloride in the subsequent
three steps.
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Vch T:hey occur. Therefore, the* four wastes streams listed
Jbove which are generated by these processed are excluded from
regulation under Subtitle C of RCRA.
• _ .•.._-..-„. • > • - '...'•••
-..•_'"" The'formation of sirconian, hafnium, and titanium '
Ingots from sponge material or scrap (in the case of titanium)
does not constitute "extraction* bsneficiation, or processing
of an ore or mineral* because the metal hat already been, separated
from the ore or mineral before this step. Zn other words, -the
feedstock for the ingot formation process is neither an ore nor
a Mineral* Therefore, the sponge handling salts generated by
ingot formation are not excluded from regulation under Subtitle
C of RCRA. , .
• ' '. • . ''- -"•••::.• <•- j ""•
2. Wastes Treated in Crucible Burn Pots
• •' • '•;•.'.. " . ' -'" '
The waste streams treated In the crucible burn pots are
generated by the fabrication and consolidation of lirconiun,
hafnium, titanium, niobium, tantalum, and vanadium. These
processes simply shape the metal after it has been extracted
from the ore or mineral? they do not constitute 'extraction,
beneficiation, or processing of an ore or mineral.* Therefore,
the fines, turnings or chips, floor sweepings, grinder sludge,
and other wastes generated by these processes, do not qualifty
for th« Bin ing Iras te exclusion, - ..„-,** ^ - >•• ;'•'-•"•"' >-
*. •'-) *,."•• • ._./••'••••'
...._ ^.•-.»•• --'.•• _ « • •
,-. - * S -•-',• "*•'. ' ~
. • -. * ' •* '
• II» APPLICABILITY OF RCRA INCINERATOR REGULATIONS ;
We conclude that both the smokehouse facility and crucible
burn pots are incinerators under the definition in 40 CPR
260.10. Both are enclosed devices and use crude forms of
controlled flane combustion to break down waste. Therefore,
the RCRA permit for TWCA should regulate these combustion
devices as incinerators.
Attachment
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