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EXCLUSIONS FROM REGULATION AS SOLID 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(a)(17)

This presentation: 40 CFR 261.4(a)(17): Mineral Processing Secondary Materials

Being Recycled

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PRESENTED BY:

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

A different kind of training.

40 CFR 261.4(a)(17)

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40 CFR 261.4(a)

• Paragraph ‘a’ of section 261.4 identifies 25 materials excluded from regulation as a solid waste.

• If a material does not meet the definition of a solid waste, it cannot be a hazardous waste.

40 CFR 261.4(a)(17)

Solid Waste

Hazardous Waste

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Mineral Processing Spent Materials

“Mineral processing generates spent materials that may exhibit hazardous waste characteristics. Common industry practice is to recycle these mineral processing wastes back into the processing operations to recover mineral values. EPA created a conditional exclusion from the definition of solid waste for these spent materials when recycled in the mineral processing industry, provided the materials are stored in certain types of units and are not accumulated speculatively.”

40 CFR 261.4(a)(17)

2008 RCRA Orientation Manual

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“The following materials are not solid wastes for the purpose of this part…” (1)

• Spent materials of the primary mineral processing industry from which values are to be recovered by mineral processing or beneficiation, provided that:

1. It is legitimately recycled.

2. It is not accumulated speculatively.

3. It is stored in containers, tanks, or buildings.

4. Storage on pads allowed with approval.

40 CFR 261.4(a)(17)

Continued…

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“The following materials are not solid wastes for the purpose of this part…” (2)

• (Continued) Spent materials of the primary mineral processing industry from which values are to be recovered by mineral processing or beneficiation, provided that:

5. Owner provides notice to Agency of:• Type of material recycled.• Type & location of storage units.• Type of recycling processes.• Expected annual quantities.

40 CFR 261.4(a)(17)

And…

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“The following materials are not solid wastes for the purpose of this part…” (3)

• (Continued) Spent materials of the primary mineral processing industry from which values are to be recovered by mineral processing or beneficiation, provided that:

6. It is the product of mineral processing and is not a listed hazardous waste.

40 CFR 261.4(a)(17)

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More to Consider(1)…

• There are 3 general categories of waste generated from the primary mineral processing industry:

1. Extraction

2. Beneficiation

3. Mineral Processing

40 CFR 261.4(a)(17)

Exempt from definition as a hazardous waste per §261.4(b)(7)

20 specific mineral processing wastes (but not all) are exempt from definition as a hazardous waste per §261.4(b)(7)

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More to Consider(2)…

• Mineral processing waste not eligible for §261.4(b)(7) may be eligible for the exemption @ 261.4(a)(17).

• The storage units referenced are the 4 allowed for hazardous waste generators:• Containers• Tanks• (Containment) Buildings• (Drip) Pads

40 CFR 261.4(a)(17)

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More to Consider(3)…

• Mining wastes excluded from definition of hazardous waste @ §261.4(b)(7) aka: Bevill Wastes.

• Named after Congressman Tom Bevill (D-AL).

40 CFR 261.4(a)(17)

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More to Consider (4)…

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

• US EPA website: Compliance Assistance Website for the Mineral Processing Sector.

40 CFR 261.4(a)(17)

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40 CFR 261.4(a)(17) Verbatim:

(a) Materials which are not solid wastes. The following materials are not solid wastes for the purpose of this part:

(17) Spent materials (as defined in §261.1) (other than hazardous wastes listed in subpart D of this part) generated within the primary mineral processing industry from which minerals, acids, cyanide, water, or other values are recovered by mineral processing or by beneficiation, provided that:

(i) The spent material is legitimately recycled to recover minerals, acids, cyanide, water or other values;

(ii) The spent material is not accumulated speculatively;

40 CFR 261.4(a)(17)

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40 CFR 261.4(a)(17) Verbatim (continued):

(iii) Except as provided in paragraph (a)(17)(iv) of this section, the spent material is stored in tanks, containers, or buildings meeting the following minimum integrity standards: a building must be an engineered structure with a floor, walls, and a roof all of which are made of non-earthen materials providing structural support (except smelter buildings may have partially earthen floors provided the secondary material is stored on the non-earthen portion), and have a roof suitable for diverting rainwater away from the foundation;

40 CFR 261.4(a)(17)

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40 CFR 261.4(a)(17) Verbatim (continued):

a tank must be free standing, not be a surface impoundment (as defined in 40 CFR 260.10), and be manufactured of a material suitable for containment of its contents; a container must be free standing and be manufactured of a material suitable for containment of its contents. If tanks or containers contain any particulate which may be subject to wind dispersal, the owner/operator must operate these units in a manner which controls fugitive dust. Tanks, containers, and buildings must be designed, constructed and operated to prevent significant releases to the environment of these materials.

40 CFR 261.4(a)(17)

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40 CFR 261.4(a)(17) Verbatim (continued):

(iv) The Regional Administrator or State Director may make a site-specific determination, after public review and comment, that only solid mineral processing spent material may be placed on pads rather than tanks containers, or buildings. Solid mineral processing spent materials do not contain any free liquid. The decision-maker must affirm that pads are designed, constructed and operated to prevent significant releases of the secondary material into the environment. Pads must provide the same degree of containment afforded by the non-RCRA tanks, containers and buildings eligible for exclusion.

40 CFR 261.4(a)(17)

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40 CFR 261.4(a)(17) Verbatim (continued):

(A) The decision-maker must also consider if storage on pads poses the potential for significant releases via groundwater, surface water, and air exposure pathways. Factors to be considered for assessing the groundwater, surface water, air exposure pathways are: The volume and physical and chemical properties of the secondary material, including its potential for migration off the pad; the potential for human or environmental exposure to hazardous constituents migrating from the pad via each exposure pathway, and the possibility and extent of harm to human and environmental receptors via each exposure pathway.

40 CFR 261.4(a)(17)

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40 CFR 261.4(a)(17) Verbatim (continued):

(B) Pads must meet the following minimum standards: Be designed of non-earthen material that is compatible with the chemical nature of the mineral processing spent material, capable of withstanding physical stresses associated with placement and removal, have run on/runoff controls, be operated in a manner which controls fugitive dust, and have integrity assurance through inspections and maintenance programs.

40 CFR 261.4(a)(17)

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40 CFR 261.4(a)(17) Verbatim (continued):

(C) Before making a determination under this paragraph, the Regional Administrator or State Director must provide notice and the opportunity for comment to all persons potentially interested in the determination. This can be accomplished by placing notice of this action in major local newspapers, or broadcasting notice over local radio stations.

40 CFR 261.4(a)(17)

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40 CFR 261.4(a)(17) Verbatim (continued):

(v) The owner or operator provides notice to the Regional Administrator or State Director providing the following information: The types of materials to be recycled; the type and location of the storage units and recycling processes; and the annual quantities expected to be placed in land-based units. This notification must be updated when there is a change in the type of materials recycled or the location of the recycling process.

40 CFR 261.4(a)(17)

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40 CFR 261.4(a)(17) Verbatim (continued):

(vi) For purposes of paragraph (b)(7) of this section, mineral processing spent materials must be the result of mineral processing and may not include any listed hazardous wastes. Listed hazardous wastes and characteristic hazardous wastes generated by non-mineral processing industries are not eligible for the conditional exclusion from the definition of solid waste.

40 CFR 261.4(a)(17)

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40 CFR 261.4(a)(17)