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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)(5)

This presentation: 40 CFR 261.4(a)(5):In-Situ Mining

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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)(5)

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40 CFR 261.4(a)

• Paragraph ‘a’ of section 261.4 identifies 26 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)(5)

Solid Waste

Hazardous Waste

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What is Excluded @ 40 CFR 261.4(a)?

1) Domestic sewage.

2) Point source discharge

3) Irrigation return flow

4) Radioactive waste In-situ mining

1) Pulping liquors

2) Spent sulfuric acid

3) Reclamation in

enclosed tanks

9) Spent wood preservatives

10) Coke by-product wastes

11) Splash condenser dross residue

40 CFR 261.4(a)(5)

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What is Excluded @ 40 CFR 261.4(a)?

12) Hazardous secondary materials from the petroleum refining industry

13) Excluded scrap metal

14) Shredded circuits boards

15) Pulping condensates derived from kraft mill steam strippers

16) Comparable fuels

17) Mineral processing secondary materials being recycled

18) Petrochemical recovered oil

19) Spent caustic solutions from petroleum refining

40 CFR 261.4(a)(5)

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What is Excluded @ 40 CFR 261.4(a)?

20) Hazardous secondary materials used to make zinc fertilizers

21) Zinc fertilizers made from hazardous wastes

22) Used cathode ray tubes (CRTS)

23) Hazardous secondary material generated & reclaimed w/i the US

24) Hazardous secondary material transferred to another person for reclamation

25) Hazardous secondary material exported from the US for reclamation

26) Solvent-contaminated wipes sent for cleaning & reuse

40 CFR 261.4(a)(5)

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In-Situ Mining Waste

“In-situ (in-place) mining of certain minerals may

involve the application of solvent solutions directly

to a mineral deposit in the ground. The solvent

passes through the ground, collecting the mineral as

it moves. The mineral and solvent mixtures are then

collected in underground wells where the solution

is removed. Such solvent-contaminated earth, or

any nonrecovered solvent, is excluded from the

definition of solid waste when left in place.”

2011 RCRA Orientation Manual

40 CFR 261.4(a)(5)

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

• Generated during in-situ mining .

And…• Left in place.

40 CFR 261.4(a)(5)

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More to Consider (1)…Definition

“In-situ means in its original place. In position.”

“In-situ leaching (ISL), also called in-situ recovery (ISR) or solution mining, is a mining process used to recover minerals such as copper and uranium through boreholes drilled into a deposit, in situ. The process initially involves drilling of holes into the ore deposit.”

40 CFR 261.4(a)(5)

Wikipedia.org

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More to Consider (2)…

• There are other conditional exclusions from regulation for the mining industry:• 40 CFR 261.4(b)(3) – Exclusion from hazardous waste for mining overburden.

• 40 CFR 261.4(b)(7) – Exclusion from hazardous waste for certain mining wastes generated during the extraction, beneficiation, & processing of minerals.

40 CFR 261.4(a)(5)

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More to Consider (3)…

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

40 CFR 261.4(a)(5)

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40 CFR 261.4(a)(5) Verbatim:

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

…

(5) Materials subjected to in-situ mining techniques which are not removed from the ground as part of the extraction process.

40 CFR 261.4(a)(5)

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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

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40 CFR 261.4(a)(5)