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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