United Slates
Environmental Protection
Agencv
Office ol
Solid Waste and
Emergency Response
&EPA
DIRECTIVE NUMBER: 9443.04(83)
TITLE: Regulation of Phosphate Wastes, and Gas Processing
Industry Wastes
APPROVAL DATE: 7-5-83
EFFECTIVE DATE: 7-5-83
ORIGINATING OFFICE: office of Solid waste
E FINAL
D DRAFT
LEVEL OF DRAFT
DA — Signed by AA or OAA
G B — Signed by Office Director
DC — Review & Comment
REFERENCE (other documents):
1WER OSWER OSWER
DIRECTIVE DIRECTIVE Dl
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PART 261 SUBPART C - CHARACTERISTICS
DOC: 9443.04(83)
Key Words: Phosphate Wastes, Gas Processing Wastes
Regulations: 40 CFR 261, 264, 265, RCRA 3001(b)(3)(A)(ii) and 8002(p)
Subject: Regulation of Phosphate Wastes, and Gas Processing
Industry Wastes
Addressee: B.H. Conlin, Koraex Consultants Ltd. #300, 1615 Tenth Avenue S.W.,
Calgery, Alberta, Canada T3C OJ7
Originator: John H. Skinner, Director, Office of Solid Waste
Source Doc: #9443.04(83)
Date: 7-5-83
Summary:
At the present time, EPA is not regulating phosphate wastes as hazardous
wastes. The State of Florida, however, has regulatory requirements for phosphate
wastes. These requirements include ground-water monitoring of gypsum piles and
other phosphate waste disposal practices.
Wastes from the gas processing industry are frequently hazardous under
EPA's hazardous waste characteristic (§261). If wastes fail a characteristic
or are listed as hazardous, the full standards for hazardous waste treatment,1
storage, or disposal facilities (§§264-265) apply. There are no special require-
ments for gas processing wastes.
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9443.04 (8..
JUL -51983
Mr. !. H. Corilin
Kom.x consultant. Ltd.
*300, 1615 .. 10 th Avenue S.W.
Calgary, ALberta, Canada T3C 0J7
IIa
Dear Mr. Conuin
‘-U
i am writing to you in response to your letter of May 18.
1983, regarding practices and regulations for containment and
disposal of solid wastes in the resource processing industry.
At the present time, waite gypsum produced as a by—product of
processing phosphate rock is exempted by statute from regulation
as a hazardous waste. The exemption, under Section 3001(b)(3)(A)(j .i) 8
of the Resource Conservation and Recovery Act of 1976 (RCRA), is
in effect until at least •.LX months TM after the date of submission
of a report required under Section 8002(p) on mateniala generated
from the extraction 1 beneficiation, and processing of ores and A
minerals, including phosphate rock and overburden from uranium
miru.ng. EPA plans to submit the required report in October 19P4.
Ow
The Agency is conducting two studies related to the phosphate c
industry. The first study, which focuses on the metals mining and
processing industry, also include, sampling and analysi.. of phos—
phate industry solid wastes in Regions IV and X. A total of 77
waste samples (64 solid and slurry samples and 13 liquid samples) L
were collected and analyzed from the phosphate mining industry.
Although most of these samples were collected from mining and bene-
ficiat .ng waste., two samples were collected from gypsum waste—
gypsum pond liquid and gypsum pond mbankm.nt. Analytical results
indicate that metals concentrations in the gypsum pond liquid
sze. d.d EP xicity values for cadmium and chromium. Acetic acid
•xtrsct from th. gypsum pond embankment did not fail any of the EP
toxicity criteria • The gypsum pond pei d em enkment sample • hoi,ever,
eoatain.d 5.4 picoc ’uri.s/gxaa of Mdium 226.
On D.cimb.r 18, 1978, EPA proposed hazardous waste regulations
containing guidelines in the form of an advanced notice of proposed
‘rulemaking concerning Radium 226. According to the advanced notice
of proposed regulations, a waste would be considered hazardou. when
the total analysis for Radium 226 was equal to or greater than a
concentration of 5 picocuries/greri for eolide. To date EPA has not
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2
proizulgeted this conte mplated standard. If EPA does promulaste
the standard at S picocuri.s/grar, the vast, gypsum could be
ool sid.r.d hazardous again, pending completion of th. study and
report to Congress.
In addition to this ongoing mining study, EPA has recently
initiated anot .r study focused specifically on vast. gyp. from
the pIto .p ate processing industry. Initial sampling of vast..
4 Ls •ehedul.d to begin July 11, 1 83. Currently, the EPA is n.qo—
Slating with the Plorida Institut, of Phophat. eaearob (bested
in lartow, Pborids) to conduct the study as a )oint effort.
At th. present tiwe, EPA is not reguletina phosphate vast..
a. hasardous wastes. The State of Florida, however, has regula-
tory requirement, for phosphate wastes. These requirements
include groundwater monitoring of gyps .u pile, and will, in the
tsar future, include groundwater monitoring of other phosphate
waste disposal practice..
As you mentioned in your letter, wastes from the gas proc..—
sing industry are frequently hazardou, under EPA’. hazardous waste
characteristics (40 CFR 261). If wastes fail a characteristic or
are List.d as hazardous, the full standards for hazardous waste
tr.atment, storage, or disposal facilities (40 C?? 264—265) apply.
There Sr. no special requirements for gas proc.ssina waste..
You may obtain a copy of up—to—dat. regulations from the U.S.
Government Pr.Lntina Office at (202) 655—4000.
If you have any further questions, please contact Is. Penelope
Bansen of my staff at (202) 382—4761.
Sincerely,
John B. Skinner
Dirictor
Office of Solid Waste (Wu —562)
cbosurs
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