ARIZONA MINING PERMITTING GUIDE - AZGS Document Repository

Hazardous Material - General Information
Arizona Mining Permitting Guide
Exclusions
Under A.R.S. Sec. 49-922, 49-929 and 49-930 the state refers to the requirement to establish a
hazardous waste program equivalent to and consistent with the federal hazardous waste program
promulgated under subtitle C, of the Resource Conservation and Recovery Act (RCRA). The 1980
amendment (Bevill Amendment) to this act temporarily excluded extraction waste, beneficiation
waste and processing waste under subtitle C. This subtitle establishes reporting requirements for the
generation, storage, handling, transport and disposal of hazardous waste. The Bevill Amendment
exclusions become exemptions from state permitting by A.R.S.’s own language. The Bevill
Amendment only applies to RCRA.
Bevill Amendment
The Solid Waste Disposal Act of 1980 amended the RCRA to temporarily exclude extraction and
beneficiation waste from regulations under subtitle C of RCRA. Mining overburden returned to the
mine site is also excluded from subtitle C. If a facility is conducting “mineral processing” as defined
in the September 1, 1989 Federal Register (54 C.F.R. 36592) any waste from those facilities may be
subject to RCRA subtitle C hazardous waste regulation. The following 20 mineral processing waste
streams are excluded from subtitle C (see 40 C.F.R. 261.4 (b) (7)). They are:
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) Gassifier ash from coal gassification.
G) Process wastewater from coal gassification.
H) Calcium sulfate wastewater treatment sludge from primary copper processing.
I) Slag tailings from primary copper processing.
J) Fluorogypsum from hydrofloric acid production.
K) Processing wastewater from hydrofloric 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 manganese processing by the anhydrous
process.
P) Process wastewater from phosphoric acid production.
Q) Basic oxygen furnace and open hearth furnace air pollution control dust/sludge
form 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.
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