m

.' *.• : " ~ 1 ' "'T " . • •;.•

SDMS DocID 2079152

Mineral Processing Wastes A.K.A. The Bevill Exclusion

Linda TeKrony National Enforcement Investigations Center

Denver, Colorado November 4, 2005

AR100220

Overview NEy; How RCRA Applies to Mining and Mineral

Processing ss Basic Steps in Making a Bevill Determination ss FMC - Pocatello, Idaho si The Problem

AR100221

How RCRA Applies to Mining and Mineral Processing

E.j What is Mining?

Mining is the removal of ore from the ground and concentrating it into a form that can be processed into a product, such as a metal concentrate. RCRA defines these activities as extraction/beneficiation. • Extraction is the initial removal of

ore from the earth • Beneficiation is the initial attempt at

liberating and concentrating the valuable mineral from the extracted ore.

The extraction and beneficiation of minerals generates large volumes of waste, usually earthen in nature.

AR100222 -

How RCRA Applies to Mining and Mineral Processing

What is Mineral Processing? Mineral processing are those steps that change concentrate into a metal or product. These steps include: smelting, acid digestion, and electrolytic refining Follows beneficiation Changes the chemical composition of the feedstock Generates wastes that are not "earthen" in character. The final product of mineral processing is typically a pure mineral or compound.

• • AR100223

Basic Steps in Making a Bevill Determination

Determine whether a material is considered a solid waste under RCRA

ii Determine whether the facility is using a primary ore or mineral to produce a final or intermediate product, also whether less than 50 percent of the feedstock on an annual basis are from secondary sources

; Establish whether the material and the operation generating the material is uniquely associated with mineral production Determine where in the sequence of operations beneficiation ends and mineral processing begins If the material is a mineral processing waste, determine whether it is one of the 20 special wastes from mineral processing

r

Basic Steps in Making a Bevill Determination The above sequence will result in one of three outcomes: • The material is not a solid waste

and therefore not subject to RCRA

B The material is a solid waste but is exempt from RCRA Subtitle C because of the Mining Waste Exclusion (i.e. Bevill exempt), or

a The material is a solid waste that is not exempt from RCRA Subtitle C and is subject to regulation as a hazardous waste if listed or characteristic

Step 1 - Material must be a solid waste under RCRA

^ Fundamental step for all hazardous waste determinations Bevill Exclusion does not affect: • 40 CFR § 261.2(e)(1)(ii) - which excludes from the definition of

solid wastes secondary materials which are "used or reused as effective substitutes for commercial products."

B 40 CFR § 266.70 - related to the reclamation to recover economically significant amounts of gold, silver, platinum, iridium, osmium, rhodium, ruthenium, or any combination of them

• 40 CFR § 261.2(e)(1)(iii) - related to secondary materials "returned [as a substitute for feedstock materials] to the original process from which they are generated, without first being reclaimed or land disposed"

If the material is not a solid waste, then it cannot be regulated by RCRA subtitle C.

Step 1 - Material must be a solid waste under RCRA - Example a Kenneoott Utah Copper Wastestreams

• Concentrator tailings - Bottom stream from floation units

• Slag tailings - Bottom stream from processing slag generated in the smelter

• Hydromet tails stream - left overs from processing streams from the smelter and refinery

• Mixture of all three wastestreams disposed of in tailings pond

Are these wastestreams solid wastes under RCRA? Yes, they all are byproducts disposed in the tailings

pond. AR100227.

Step 2 - Primary Ore or Mineral r '.1 •-

Primary mineral production operations are those using at least 50 percent ores, minerals, or beneficiated ores or minerals on an annual basis as feedstock providing mineral value. • Use mineral-value feedstocks that

are comprised of less than 50 percent scrap materials

The Bevill exclusion does not extend to downstream chemical manufacturing, fabrication, or other activities that use a saleable commodity as a primary raw material, even if these activities occur at the same facility. If the facility processes more than 50 percent secondary materials, then wastes generated onsite are regulated by RCRA Subtitle C.

AR100228

Step 2 - Primary Ore or Mineral-Example »gf TTo. f

Kennecott Utah Copper operates an open pit mine The ore is concentrated, smelted, and refined into copper Secondary streams generated onsite are fed to the smelter, but the amount is less than 50 percent on an annual basis

AR100229

Step 3 - Is the operation uniquely associated with mineral production? s -W-T1- > ' -.t v f • •" Non-uniquely associated wastes are typically generated:

B as a result of maintaining machinery a as a result of other facility activities

Consider whether: a The waste comes from processes

that serve to remove mineral values from the ground

a The mineral recovery process concentrates or otherwise enhances the characteristics of the mineral value to remove impurities

B The mineral recovery process imparts its chemical characteristics to the waste

If wastes are not uniquely associated with mineral production, then they are regulated by RCRA Subtitle C.

Step 3 - Is the operation uniquely associated with mineral production? - Example

Do the wastes come from processes that serve to remove mineral values from the ground? Does the mineral recovery process concentrate or otherwise enhance the characteristic of the mineral value to remove impurities? Does the mineral recovery process impart its chemical characteristics to the waste?

AR100231

Step 4 - Determine where beneficiation ends and mineral processing begins • \ r * r - : * • ' ( , ' ^ i The regulatory line between bevill and non-bevill is drawn between beneficiation and mineral processing. • It is important to determine

where mineral processing first occurs because all operations following the initial processing operation is considered processing.

Beneficiation waste are exempt from RCRA by the Bevill exclusion. Mineral processing wastes are subject to Subtitle C, except for a specifically identified subset of 20 mineral processing wastes [40 CFR § 261.4(b)(7)] http://www.epa.gov/compliance/as sistance/sectors/mirierals/process ing/technicaldoc.html

AR100232

Problems with Bevill Line Determinations

ssaserf®*** The mining and mineral processing industry uses terms of art, and uses the terms inconsistently, e.g., "leaching" is often really acid digestion. Chemical manufacturing terms are also used in beneficiation and mineral processing, e.g. solvent extraction.

AR100233

Fuzzy Line Between Beneficiation and Mineral Processing

"»V -\i •

Leaching vs. Acid Digestion Leaching is a slow gradual removal of mineral from a rock, leaving waste that is mostly rock. This is beneficiation (Bevill). Chemical reactions,

such as acid digestion, change most of the feedstock into new chemicals. This is mineral processing (non Bevill, except for Special 20).

MS#:'"

AR100234

Solvent Extraction - Copper «*-v*rw >•* iv

ELECTROWINNING

High Grade , Jcpper.Cathotfe

Uauor Slorega

LEACHING

Sattfef Regenerated EMractar*

Concenliated Copper Bectrotjlo

Strip Stags SOLVENT EXTRACTION

AR10023:

Step 4 - Determine where beneficiation ends and mineral processing begins - Example

s Concentrator tailings generated in flotation units

s Slag tailings generated from processing of slag that is generated in the smelter

s Which side of the bevill line do each of these wastestreams fall? • Concentrator tailings are a benefication waste

(Bevill exempt) • Slag tailings are a processing waste

AR100236

nmm

Step 5 - Determine if waste is one of the 20 special wastes. Slag from primary copper processing Slag from primary lead processing Phosphogypsum from phosphorus acid production Red and brown muds from bauxite refining Slag from elemental phosphorus proauction Gasifier ash from coal gasification Process wastewater from coal gasification Calcium sulfate wastewater treatment plant sludge from primary copper processing Slag tailings from primary copper processing Fluoroqypsum from hydrofluoric acid production Process wastewater from hydrofluoric acid production

Air pollution control dust/sludge from iron blast furnaces 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 Basic oxygen furnace and open hearth furnace air pollution control dust/sludge from carbon steel production Basic oxygen furnace and open hearth furnace slag from carbon steel production Chloride process waste solids from titanium tetrachloride production Slag from primary zinc processing

AR10023;

Step 5 — Determine if waste is one of the 20 special wastes - Example '.fari a.T

Slag tailings

• Are they one of the 20 special wastes?

Slag tailings from primary copper processing are listed as one of the 20 special wastes.

AR100238

The Bevill Mixture Rule ^y.fr* ::h' v"T'- '

t smmae shs£smM .i£iixi

; :>, Determine the characteristics that apply to the mixture of bevill and non-bevillwaste Determine the characteristics that apply to the non-bevill waste at the point of generation. If the mixture and the non-bevill waste exhibit the same characteristics than RCRA Subtitle C applies to the mixture.

AR10023

Bevill Mixture Rule - Example

Concentrator tailings are Bevill exempt Slag tailings are Bevill exempt Hydromet tails stream characteristic for arsenic, silver, and selenium (not Bevill exempt) Mixture of all three streams does not exhibit the toxicity characteristic

AR100240

Is the mixture regulated by Subtitle C? NO

Is the mixture regulated by Subtitle C? YES

AR100242

H(^lir(jc^?i;u^r^

Is the mixture regulated by Subtitle C? NO

Is the mixture regulated by Subtitle C? YES AR100244

FMC - Pocatello,

^ Phosphorus manufacturer •1 NEIC Multimedia Investigation

- Summer 1993 y Majority of facility located on

Tribal lands & Violations found:

• Ignitable and reactive wastes stored in surface impoundments

• Failure to upgrade the surface impoundments

Settlement in 1998 included $12 million penalty, injunctive relief, and Clean Air Act SEPs Facility has since shutdown

Idaho

AR100241

Case Study - FMC - Pocatello, Idaho

Bevill Issues • Trying to show calciners are processing not

beneficiation - failed • Hazardous waste in precipitator dust ponds is

generated after the beneficiation/processing line

RCRA Issue m Reactivity and ignitability determination on

waste material

AR100246

The Problem - Environmental Damage

Mining and mineral processing plants continue to cause serious environmental damages. Some mines and mineral processing sites are located in sensitive environments near populated areas, drinking water sources, waterways, and wetlands. 83 mining and mineral processing sites are on the NPL. The Superfund program estimates liabilities of $33 to 72 billion.

Summitville Mine, Colorado

AR10024

The Problem -.i-y.-*.<>r?'-. gfyyy >'frT-'.1 yr

Aliquippa Works, Aliquippa, Beaver County, PA - High pH in Groundwater Leachate • Build landfill using basic oxygen

furnace slag (Bevill exempt) • Leachate reached East Fork of

Black's Run Creek n Upstream of landfill

, pH 8.43, TDS 597 mg/L B Downstream of landfill

pH 12.3, TDS 1,925 mg/L a Seeps from landfill

; pH ranged from 12.1 to 13.1 TDS ranged from 1,370 to 3,508 mg/L

AR100248

The Problem

A gypstack is one of the 20 special mineral processing wastes. This gypstack is 200 acres by 120 feet of man-made chemicals.

AR10024J

The Problem afeiaWMTESS

Kennecott Utah Copper, Utah

AR100250

Contaminated groundwater located in Corpus Christi, Texas

AR10025;

Conclusion

Just because there are Bevill exempt streams at a plant doesn't make the whole plant exempt from RCRA Subtitle C Step by step evaluation of the process including sampling is crucial to making a complete Bevill determination Each mineral processing plant is unique so keep an open mind Sometimes you have to think about the environmental damage, not just the regulatory status of the waste.

AR100252