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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