United States
                           Environmental Protection
                           Agency
                              Office of
                              Solid Waste and
                              Emergency Response
Publication 9347.3-12FS
January 1991
   v>EPA
Superfund  Guide  To
RCRA Management
Requirements  for Mineral
Processing  Wastes
   Office of Emergency and Remedial Response
   Hazardous Site Control Division OS-220
                                                   Quick Reference Fact Sheet
   CERCLA remedial actions must comply with (or justify a waiver of) Resource Conservation and Recovery Act (RCRA)
requirements when they are "applicable or relevant and appropriate requirements" (ARARs). For RCRA Subtitle C hazardous waste
requirements to be applicable, the CERCLA response action must constitute either treatment, storage, transport, or disposal of a
RCRA hazardous waste (or a waste management unit being closed as part of a CERCLA response action must contain hazardous
waste that was originally disposed after the effective date of RCRA regulation). The determination of whether a CERCLA waste
is a RCRA hazardous waste is particularly important for Superfund site managers handling wastes that originally were generated
during mineral processing operations, but recently were removed from the mining waste (Bevill) exclusion (RCRA  section
3001(b)(3)(A)(ii)) and are now regulated as hazardous wastes. The purpose of this guide is to  summarize recent revisions
to the 1980 mining waste exclusion, explain the potential effects of these revisions on waste management options for
mineral processing wastes, and provide a general framework for managing mineral processing wastes at CERCLA sites
in accordance with RCRA land disposal restrictions (LDRs) and the recently promulgated toxicity characteristics (TC)
rule.
BACKGROUND

   The   1980   mining   waste   exclusion,  RCRA
§3001(b)(3)(A)(ii), excluded solid wastes generated in the
"extraction,  beneficiation, and processing of ores  and
minerals" from regulation  as hazardous waste under the
RCRA Subtitle C program, pending the completion of  a
Report to Congress and a decision by  EPA on whether
regulation as hazardous waste is  warranted. From 1980
through 1989, this exclusion encompassed all "solid waste
from the exploration, mining, milling, smelting, and refining
of ores and mineral." A Federal Court of  Appeals ruling
(Environmental Defense Fund v. EPA, 852  F.2d 1316,
{D.C.  Cir. 1988} cert, denied,  109 S.Ct.  1120 (1989)),
however, concluded that only mineral processing wastes that
are "high volume, low hazard" should be exempted from
RCRA Subtitle  C regulations  under the  mining  waste
exclusion. Therefore, in response to the Court decision, EPA
developed definitions  for  extraction, beneficiation,  and
mineral processing (see Highlight 1) and criteria (54 FR
36592,  September  1,  1989)  (see  Highlight 2)  for
determining if a mineral processing waste stream is "high
volume"  and "low hazard" to assist in determinations of
which mineral processing wastes would continue to  be
excluded. Based on these definitions and criteria, five wastes
were retained under the mining waste exclusion for study in
a Report to Congress. In addition, the rule identified 20 other
wastes, for which the exclusion was "conditionally retained,"
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                            that required further study before a decision could be made
                            on whether or not they should be excluded from hazardous
                            waste regulation and included in the scope of the Report to
                            Congress. The September 1,1989 rule also removed all other
                            mineral processing  wastes from the exclusion.

                               EPA promulgated a subsequent rule (55 FR 2322,
                            January 23,  1990) removing five of the remaining 20
                            "conditional" wastes from the mining waste exclusion. The
                            remaining 15 wastes  for which the  exclusion  had been
                            conditionally retained (by the September 1, 1989 rule) were
                            retained for study in the Report to Congress. Thus, these 15
                            wastes, along with  the five wastes for which the exclusion
                            was retained by the September 1, 1989 rule, comprise the 20
                            mineral processing  wastes that are currently excluded from
                            regulation as hazardous wastes under RCRA. Each of these
                            20 wastes (see Highlight 3) is currently under study by EPA
                            to determine the most appropriate regulatory program. EPA
                            submitted the Report to Congress on July 31,  1990.  An
                            Agency decision on which, if any, of these 20 wastes will be
                            subject to Subtitle C is scheduled for early  1991.

                               In a September 13, 1988 rulemaking  (53 FR 35412),
                            six mineral processing  wastes that were formerly listed
                            RCRA hazardous  wastes  (and  later  exempted from
                            RCRA Subtitle  C requirements by the mining waste
                            exclusion)  were  relisted  in  response  to  the  court

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                        Highlight 1
             DEFINITIONS OF EXTRACTION,
      BENEFICIATION, AND MINERAL PROCESSING

 Extraction is the process of mining and removing ores and
 minerals from the ground.

 Beneficiation is defined as crushing; grinding, washing;
 dissolution; crystallization; filtration; sorting; sizing; drying;
 sintering; pelletizing; briquetting; calcining to remove water and/or
 carbon dioxide; roasting, autoclaving, and/or chlorination in
 preparation for leaching (except where the roasting (and/or
 autoclaving and/or chlorination)/leaching sequence produces a final
 or intermediate product that does not undergo further
 beneficiation or processing); gravity concentration; magnetic
 separation; electrostatic separation; floatation; ion exchange;
 solvent extraction; electrowinning; precipitation; amalgamation;
 and heap, dump, vat, tank, and in situ leaching. (40 CFR
 261.4(b)(7))

 Mineral processing operations are operations that

 •  follow beneficiation of an ore or mineral (if applicable);
 •  serve to remove the desired product from an ore or mineral, or
    enhance the characteristics of ores or minerals or beneficiation
    ores or minerals;
 •  use mineral-value feedstocks that are comprised of less than 50
    percent scrap materials;
 •  produce either a final mineral product or an intermediate to the
    final product; and
 •  do not combine the product with another material that is not
    an ore or mineral, or beneficiated ore or mineral (e.g., alloying),
    do not involve fabrication or other manufacturing activities,
    and do not involve further processing of a marketable product
    of mineral processing. (A listing of criteria is provided in the
    preamble to the September 1, 1989 rulemaking, 54 FR 36592).
decision in EDF v EPA as RCRA hazardous wastes. These
wastes are:

• K064   Acid plant blowdown slurry/sludge resulting from
          the thickening of blowdown slurry from primary
          copper production

• K065   Surface  impoundment solids contained in  and
          dredged  from surface impoundments at primary
          lead smelting facilities

• K066   Sludge from treatment of process  wastewater
          and/or acid plant blowdown from primary zinc
          production

• K088   Spent potliners from primary aluminum reduction

• K090   Emission   control   dust    or sludge from
          ferrochromiumsilicon

• K091   Emission   control   dust   or sludge from
          ferrochromium production
                        Highlight 2
     HIGH VOLUME AND LOW HAZARD DEFINITIONS

 EPA defines "high volume" mineral processing wastes as:

 (1)  non-liquid mineral processing wastes that were generated at
      an average annual rate of greater than 45,000 metric tons per
      year per facility, and

 (2)  liquid mineral processing wastes that were generated at an
      average annual rate of more than 1,000,000 metric tons per
      year per facility during any year between 1983 and 1998
      (see 54 FR 36629).

 A high volume mineral processing waste is not "low hazard" if
 samples of the waste from two or more facilities fail the Synthetic
 Precipitation Leaching Procedure (SPLP) Test or the pH Test (see
 54 FR 36630).*

 * NOTE:   The SPLP and pH tests are not related to the TCLP
            test.
  In July, 1990, a Federal Court of Appeals ruling remanded
the listings of five of these wastes (AMC v. EPA, 31 ERC
1935). At this time, K088 is the only one of these six wastes
that is a listed RCRA hazardous waste; the other five wastes
are RCRA hazardous wastes only if they exhibit one or more
of the RCRA hazardous waste characteristics.

RCRA WASTE DETERMINATIONS

  In order to ensure that Superfund response actions comply
with applicable RCRA requirements,  site managers first need
to know if RCRA hazardous wastes  are present at the site.
The determination of whether RCRA wastes are present at
mining or smelting sites  is  affected  by the two mineral
processing waste regulations discussed above. If  a mineral
processing waste (except the 20 wastes currently  under
study) is transported, treated, stored, or disposed of as part
of a CERCLA  response  action, it is subject  to hazardous
waste regulations under  RCRA Subtitle C if it meets  the
definition of a  RCRA hazardous waste (i.e., is  listed  or
exhibits a characteristic).

  EPA recently promulgated the toxicity characteristics (TC)
rule, which may affect when mineral processing wastes  are
hazardous  wastes. The TC rule (55  FR 11798, March 29,
1990), which took effect on September 25, 1990, replaces
the   extraction  procedure   (EP)   with  the   Toxicity
Characteristic Leaching Procedure  (TCLP) test  to  define
when  a waste is hazardous by characteristic. The TC also
adds an additional 25 regulated constituents (all of which are
organics) to the  14 constituents previously regulated under
the EP toxicity  test  (see  CERCLA  Compliance  with  the
RCRA  Toxicity  Characteristics  (TC)  Rule,   Part  II,
Publication 9347.3-1 IPS).
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                                                        Highlight 3
              MINERAL PROCESSING WASTES CURRENTLY RETAINED UNDER THE MINING WASTE EXCLUSION
        Mineral Processing Wastes                                                      Commodity sector

    Red and brown muds from bauxite refining  	   Alumina
    Gasifer ash from coal gasification	   Coal Gasification
    Process wastewater from coal gasification
    Calcium sulfate WWT plant sludge from primary copper processing	   Copper
    Slag from primary copper processing
    Slag tailings from primary copper processing
    Slag from elemental phosphorous production  	   Element Phosphorous
    Fluorogypsum from hydrofluoric acid production	   Hydroflouric Acid
    Process wastewater from hydrofluoric acid production
    Air Pollution Control (APC) dust/sludge from iron blast furnaces  	   Iron
    Iron blast furnace slag
    Slag from primary lead processing	   Lead
    Process wastewater from primary magnesium processing by the anhydrous process	   Magnesium
    Phosphogypsum from phosphoric acid production	   Phosphoric Acid
    Process wastewater from phosphoric acid production
    Treated residue from roasting/leaching of chrome ore	   Sodium Chromate/Bichromate
    Basic Oxygen Furnace (EOF) and Open Hearth Furnace (OHF) APC dust/sludge
     from carbon steel production	   Steel
    EOF and OHF slag from carbon steel production
    Chloride process waste solids from titanium tetrachloride production  	   Titanium Tetrachloride
    Slag from primary zinc processing	   Zinc
    Original five wastes retained under the exclusion in the September 1, 1989 rule. The remaining 15 wastes were retained in the January 23,1990
    rule. All other mineral processing wastes are subject to Subtitle C regulation if they are hazardous waste by listing or characteristic.)
    As  with the EP, site managers  are not required to test
wastes to determine if they exhibit the toxicity characteristic
based  on  the TCLP;  knowledge  of the  wastes  may be
sufficient. Specific knowledge of Superfund wastes may not
be available in many cases, and testing may be necessary to
make this determination. In general, mineral processing wastes
that did not exhibit the toxicity characteristic based on the EP
test  also would  be expected not  to  exhibit  the toxicity
characteristic  using the TCLP test. However, in limited cases,
wastes  that were not  hazardous  under  the  EP  may be
hazardous under the TCLP, and site managers will need to base
decisions on  whether  to "retest" on previous results and
site-specific factors.

    At sites where RCRA hazardous waste requirements may
not be applicable (e.g., listed or characteristically hazardous
mineral processing wastes are not known to be present), site
managers still must determine if the requirements are relevant
and appropriate (based on the factors discussed in the NCP
preamble,  see 55  FR  8743  and  8763).  [NOTE: In  some
circumstances,  RCRA requirements may  be  relevant and
appropriate to mining wastes  that have been  excluded from
RCRA (or are under review).]

RCRA WASTE MANAGEMENT

    Mineral  processing  wastes  other  than   those   listed
in  Highlight  3  (i.e.,   wastes  removed  from  the  mining
waste  exclusion)  would  have  to exhibit  the  toxicity
characteristic,   one  of   the   other  three   characteristics
(ignitability, corrosivity, or reactivity) or be listed as hazardous
waste, before being regulated under Subtitle C. [Note:  Solid
wastes that still are excluded from Subtitle C regulation, such
as extraction or beneficiation wastes, or that do not exhibit a
characteristic  and  are  not listed,  must be managed   in
accordance with Subtitle D of RCRA.]

  Mineral processing wastes that have been removed from the
mining waste exclusion and are determined to be hazardous are
subject to  Subtitle C requirements in those states that do not
have authorization to administer their  own hazardous waste
program  (i.e.,  non-authorized RCRA states).  Generators,
transporters, and treatment, storage, and disposal facilities  in
authorized states will be subject to RCRA requirements only
after the state  revises its program to reflect the changes  in
Federal regulations and  EPA  authorizes the  revision. (Of
course, the requirements will be applicable as state law  if the
state law  is effective prior to authorization.) The rule is not
effective automatically in authorized states because  it is not
required  as  part   of  the  Hazardous   and   Solid  Waste
Amendments (HSWA) of 1984 (the provisions of which  are
effective in all  states once promulgated  by EPA).

  All    mineral   processing    wastes   that   now    are
considered RCRA  hazardous wastes  (i.e.,  non-excluded
mineral  processing wastes   that  are  characteristic   or
listed)  are considered  to be "newly  identified"  wastes
and  will  not   have treatment standards  under the  land
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                                Summary of Mining Waste Exclusion
                              Extraction. beneficlatlon.
                               and processing wastes
                                        Is
                                    wast* from
                                   extraction or
                               beneftclatton process?
                                  (see highlight 1)
                                     Is waste
                                a mineral processing
                                  waste listed In
                                    highlight 37
                             Waste Is excluded
                               from Subtitle C
                            and must be managed
                               under Subtitle 0
                            Waste Is temporarily
                           exempt from Subtitle C
                            pending study: waste
                           must be managed as a
                              Subtitle 0 waste
                                  Waste has been
                                   removed from
                                 mineral processing
                                     exclusion
                                        Is
                                      waste a
                                  hazardous waste
                                   (I.e.. Hsted or
                                   haract eristic)'
                                     Has EPA
                                  established LOR
                                treatment standard*
                                  for the wastes?
                            Waste I* regulated
                             under Subtitle 0
                                of RCRA
                               Comply wtth the
                               appropriate LOR
                             treatment standard*
                                for the watte
Manage treatment residuals as
Subtitle C waste* unless:
 (1) waste* are detfsted
    (If Hsted waste) and/or
 (2) waste no longer exhibits
    characteristic
    (If characteristic waste)
                                 Manage) waste* In
                                  accordance with
                               Subtitle C requirement*
                 As of thto
                 for any
, EPA has not sat LOR treatment standard*
processing waste* removed from the Mining Waste Exclusion
disposal restrictions (LDRs) until EPA completes a separate
LDR rulemaking. Furthermore, no other LDR restrictions
(e.g., soft hammer requirements, California list requirements)
apply to these newly identified wastes. However, formerly

excluded mineral processing wastes
                                    that now are considered hazardous must be disposed of in
                                    accordance with other Subtitle C requirements (e.g., in  a
                                    regulated Subtitle C disposal unit) unless they are delisted or
                                    treated to  remove the  characteristic(s)  that  make  them
                                    hazardous.
 NOTICE:  The policies set out in this memorandum are intended solely as guidance. They are not intended, nor can they be relied upon, to create

 any rights enforceable by any party in litigation with the United States. EPA officials may decide to follow the guidance provided in this

 memorandum, or to act at variance with the guidance, based on an analysis of specific site circumstances. The Agency also reserves the right to

 change this guidance at any time without public notice.
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