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EXCLUSIONS FROM REGULATION AS HAZARDOUS WASTEOne presentation in a series that briefly explains the Federal exclusions from full regulation for certain materials under the Resource Conservation and Recovery Act (RCRA).

40 CFR 261.4(b)(7)

This presentation: 40 CFR 261.4(b)(7):Mining Waste

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PRESENTED BY:

Daniels Training Services815.821.1550www.DanielsTraining.comInfo@DanielsTraining.com

A different kind of training.

40 CFR 261.4(b)(7)

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40 CFR 261.4(b)

• Paragraph ‘b’ of section 261.4 identifies 18 solid wastes excluded from regulation as a hazardous waste.

40 CFR 261.4(b)(7)

Solid Waste

Hazardous Waste

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Mining and Mineral Processing Wastes

“Certain wastes from the mining, refining, and processing of ores and minerals are excluded from the definition of hazardous waste.”

40 CFR 261.4(b)(7)

2011 RCRA Orientation Manual

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“The following solid wastes are not hazardous wastes for the purpose of this part…”

• Wastes generated during the following mining activities for ores and minerals:• Extraction• Beneficiation• Processing

40 CFR 261.4(b)(7)

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“except as provided by §266.112…”

• §261.4(b)(7) does not apply to a residue derived from the burning or processing of hazardous waste in a boiler or industrial furnace unless the device & the owner or operator meet the requirements of §266.112.• Mineral processing residuals from combustion units burning hazardous waste fuel that are subject to §261.4(b)(7). RO12283

40 CFR 261.4(b)(7)

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For the Purposes of §261.4(b)(7), Beneficiation of Ores & Minerals is Restricted to the Following Activities (1.0)

• Crushing• Grinding• Washing• Dissolution• Crystallization• Filtration• Sorting• Sizing

• Drying• Sintering• Pelletizing• Briquetting• Gravity concentration

40 CFR 261.4(b)(7)

And …

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For the Purposes of §261.4(b)(7), Beneficiation of Ores & Minerals is Restricted to the Following Activities (2.0)

• Magnetic separation• Electrostatic separation

• Flotation• Ion exchange• Solvent extraction• Electrowinning• Precipitation

• Amalgamation• Heap, dump, vat, tank, & in situ leaching.

40 CFR 261.4(b)(7)

And …

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For the Purposes of §261.4(b)(7), Beneficiation of Ores & Minerals is Restricted to the Following Activities (3.0)

• 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).

40 CFR 261.4(b)(7)

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For the Purposes of §261.4(b)(7), Solid Waste From the Processing of Ores and Minerals Includes Only the Following (1.0)• Slag from primary copper processing.• Slag from primary lead processing.• Red & brown muds from bauxite refining.• Phosphogypsum from phosphoric acid production.

• Slag from elemental phosphorus production.• Gasifier ash from coal gasification.• Process wastewater from coal gasification.

40 CFR 261.4(b)(7)

And …

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For the Purposes of §261.4(b)(7), Solid Waste From the Processing of Ores and Minerals Includes Only the Following (2.0)

• Calcium sulfate wastewater treatment plant sludge from primary copper processing;

• Slag tailings from primary copper processing;• Fluorogypsum from hydrofluoric acid production;• Process wastewater from hydrofluoric acid production;

• Air pollution control dust/sludge from iron blast furnaces.

40 CFR 261.4(b)(7)

And …

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For the Purposes of §261.4(b)(7), Solid Waste From the Processing of Ores and Minerals Includes Only the Following (3.0)• Iron blast furnace slag.• Treated residue from roasting/leaching of chrome ore.

• Process wastewater from primary magnesium processing by the anhydrous process.

• Process wastewater from phosphoric acid production.

40 CFR 261.4(b)(7)

And …

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For the Purposes of §261.4(b)(7), Solid Waste From the Processing of Ores and Minerals Includes Only the Following (4.0)

• Basic oxygen furnace & open hearth furnace air pollution control dust/sludge from carbon steel production.

• Basic oxygen furnace & open hearth furnace slag from carbon steel production.

• Chloride process waste solids from titanium tetrachloride production.

• Slag from primary zinc processing.

40 CFR 261.4(b)(7)

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Residue From Secondary Material

40 CFR 261.4(b)(7)

• A residue derived from the co-processing of:• A mineral processing secondary material.

With…• Normal beneficiation raw materials.

Or with…• Normal mineral processing raw materials.

• Is not a hazardous waste if the owner or operator…

More…

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Requirements for Owner/Operator Processing Secondary Materials

40 CFR 261.4(b)(7)

• Owner/operator must process ≥50% by weight of:• Normal beneficiation raw materials.

Or…• Normal mineral processing raw materials.

And…• Legitimately reclaims the secondary mineral processing materials.

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More to Consider (1.0)…• This exclusion is the result of the Bentsen and Bevill Amendments to the Solid Waste Disposal Act of 1980.

• At that time certain wastes were exempted from the definition of hazardous waste & identified as “Special Wastes” pending further study by USEPA.

• These wastes were temporarily exempted because they were…• Produced in very large volumes,• Were thought to pose less of a hazard than other wastes, and;

• Were generally not amenable to the management practices required under RCRA.

40 CFR 261.4(b)(5)

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More to Consider (2.0)…

• The Bevill & Bentsen Wastes/Special Wastes:• Oil, gas, and geothermal exploration, development, and production wastes.

• Fossil fuel combustion wastes.• Mining and mineral processing wastes.• Cement kiln dust wastes.

40 CFR 261.4(b)(5)

Bentsen Wastes

Bevill Wastes

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More to Consider (3.0)…

• Extraction is the first phase of hardrock mining which consists of the initial removal of ore from the earth.

• Beneficiation follows and is the initial attempt at liberating and concentrating the valuable mineral from the extracted ore.

The extraction and beneficiation of minerals generates large quantities of waste.

40 CFR 261.4(b)(5)

USEPA Website: Mining Waste

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More to Consider (4.0)…

• Mineral processing operations generally follow beneficiation and include techniques that often change the chemical composition or the physical structure of the ore or mineral.

40 CFR 261.4(b)(5)

USEPA Website: Mining Waste

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More to Consider (5.0)…

• For the purposes of §261.4(b)(7) ores & minerals includes (but is not limited to):• Coal• Phosphate rock.• Overburden from the mining of uranium ore.• More…

40 CFR 261.4(b)(7)

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More to Consider (6.0)…

• Check with your State as it may not recognize this Federal exclusion.

40 CFR 261.4(b)(7)

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More to Consider (7.0)…

• §261.4(b)(7) includes primary processing of ores and minerals, but not subsequent steps. RO12777• Except as allowed on slides 14 & 15.

• §261.4(b)(7) does not apply to solid wastes, such as spent solvents, pesticide wastes, & discarded commercial chemical products, that are not unique to the mining & processing operations. RO13247

40 CFR 261.4(b)(7)

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40 CFR 261.4(b)(7) Verbatim (1.0):

(b)Solid wastes which are not hazardous wastes. The following solid wastes are not hazardous wastes:

…

(7) Solid waste from the extraction, beneficiation, and processing of ores and minerals (including coal, phosphate rock, and overburden from the mining of uranium ore), except as provided by §266.112 of this chapter for facilities that burn or process hazardous waste.

40 CFR 261.4(b)(7)

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40 CFR 261.4(b)(7) Verbatim (2.0):(i) For purposes of §261.4(b)(7) beneficiation of ores and minerals is restricted to the following activities; 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; flotation; ion exchange; solvent extraction; electrowinning; precipitation; amalgamation; and heap, dump, vat, tank, and in situ leaching.

40 CFR 261.4(b)(7)

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40 CFR 261.4(b)(7) Verbatim (3.0):

(A) Slag from primary copper processing;

(B) Slag from primary lead processing;

(C) Red and brown muds from bauxite refining;

(D) Phosphogypsum from phosphoric acid

production;

(E) Slag from elemental phosphorus production;

(F) Gasifier ash from coal gasification;

(G) Process wastewater from coal gasification;

40 CFR 261.4(b)(7)

(iii) For the purposes of §261.4(b)(7), solid waste from the processing of ores and minerals includes only the following wastes as generated:

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40 CFR 261.4(b)(7) Verbatim (4.0):

(H) Calcium sulfate wastewater treatment plant sludge from primary copper processing;

(I) Slag tailings from primary copper processing;

(J) Fluorogypsum from hydrofluoric acid production;

(K) Process wastewater from hydrofluoric acid production;

(L) Air pollution control dust/sludge from iron blast furnaces;

(M) Iron blast furnace slag;

(N) Treated residue from roasting/leaching of chrome ore;

(O) Process wastewater from primary magnesium processing by the anhydrous process;

40 CFR 261.4(b)(7)

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40 CFR 261.4(b)(7) Verbatim (5.0):

(P) Process wastewater from phosphoric acid production;

(Q) Basic oxygen furnace and open hearth furnace air pollution control dust/sludge from carbon steel production;

(R) Basic oxygen furnace and open hearth furnace

slag from carbon steel production;

(S) Chloride process waste solids from titanium tetrachloride production;

(T) Slag from primary zinc processing.

40 CFR 261.4(b)(7)

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40 CFR 261.4(b)(7) Verbatim (6.0):

(iii) A residue derived from co-processing mineral processing secondary materials with normal beneficiation raw materials or with normal mineral processing raw materials remains excluded under paragraph (b) of this section if the owner or operator:

(A) Processes at least 50 percent by weight normal beneficiation raw materials or normal mineral processing raw materials; and,

(B) Legitimately reclaims the secondary mineral processing materials.

40 CFR 261.4(b)(7)

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Got Questions About RCRA or HazMat Transportation?

I provide both:

RCRA Training for Hazardous Waste Personnel

And…

HazMat Employee Training

Seminar, Webinar, or Onsite

Daniels Training Services815.821.1550Info@DanielsTraining.comwww.DanielsTraining.com

40 CFR 261.4(b)(7)

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