PA
              United States
              Environmental Protection
              Agency
           OH.ce of
           Solid Waste ana
           Emergency Response
DIRECTIVE NUMBER:  9441.09(84)
TITLE:  Status of Mining Laboratory Wastes Under 40 CFR
     261.4(b)(7)
               APPROVAL DATE: 5-9-84
               EFFECTIVE DATE: 5-9-84
               ORIGINATING OFFICE: office of solid waste
               m FINAL
               D DRAFT
                 LEVEL OF DRAFT
                   DA — Signed by AA or DAA
                   D B — Signed by Office Director
                   D C — Review & Comment
               REFERENCE (other documents):
  OSWER      OSWER      OSWER
VE   DIRECTIVE    DIRECTIVE   Dl

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*PART 261  SUBPART A - GENERAL
                                                              DOC:  9441.09(84)
 Key Words:    Mining Waste

 Regulations:  40 CFR 261.4(b)(7)
Subject:

Addressee:



Originator:

Source Doc:

Date:

Summary:
               Status of Mining Laboratory Wastes Under 40 CFR 261.4(b)(7)

               Thomas J. Fronapfel, P.E., State of Nevada, Department of
               Conservation and Natural Resources, Division of Environmental
               Protection, Capitol Complex, Carson City, NV 89710

               John Lehman, Director, Waste Management and Economics Division

               #9441.09(84)

               5-9-84
      The nitric acid waste and the fire assay cupels resulting from the extrac-
 tion, beneficiation, and processing of ores and minerals are currently not
 regulated under RCRA because of the mining waste exclusion [40 CFR 261.4(b)(7)].

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                                                           9441.09 (84)
 Mr.  Thomas J.  Pronapfel,  P.I.
 State of Nevada  .       *    •  •
 Department of  Conservation .  .
   and Natural  Resources
 Division of Environmental Protection
 Capitol Complex  /*
 Carson City, Nevada  89710  ,
•  ." .   .'      "•  ' - •"     ',  • '
 Dear Mr* fronapfeli      .          .   -;
                    "«..'•*•    •   ~
  •'..'"  .1 am writing  in reaponse to your memorandum of April 19,  1984
 regarding the  status of mining laboratory wastes under the
 exclusion of 40 CF* 2€1.4(b) (7).   -        ...    ..- ^    .     f
 .-   -  Baeed upon the infomation eufcnitted in your aeaorandirn/- the
 Agency has detenained that both the nitric acid waste and the fire
 assay cupels are solid waste fro» the extraction,.beneficiation and
 processing of ores and Minerals.  As such, the wastes temporarily
 are excluded by 3001 (b)(3)(A)  of the Resource Conservation and .
 Recovery Act (ftCKA) from regulation as hasardous wastes under
 Subtitle C of RCHA.  The exclusion is effective until at least
 six tenths after the date of submission to Congress of the mining
 waste study being conducted under Sections I002(f) and (p) of
 ftC&A and after promulgation of  regulations in accordance with
 Section 3001 (b)(3)(C) of RCXA.  These, wastes are excluded regard-less
 of whether they are generated by mining operations or conmercial  :
 laboratories.      .' ..     ,      -            *      .;-• '
           ."            .      *!• -    -           .    • *       *
      The Agency is now in the process of re-evaluating its     4
 November 19, 1980 interpretation (See 45 FB 76618) of the mining
 waste exclusion to define more  accurately the wastes that Congress
 intended to exclude from regulation under subtitle C pending   >•>'
 completion of the mining waste  studyV  If the Agency modifies its
 interpretation, we will notify  you.

      If you have any questions  or require any further information
 on this matter, please contact  Ja»es Antiszo of my staff at (202)
 382-7926.

                                        Sincerely,
                                        John P. Lehman
                                           Director
                             Waste Management i Economics Division

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