1991 Bevill Mining Waste Determination Under RCRA
Summary
This document is EPA's 1991 Bevill Amendment determination regarding the scope of the mining waste exclusion under RCRA Section 3001(b)(3)(A). The determination addresses which solid and dissolved wastes from extraction,beneficiation, and processing operations of ores and minerals are excluded from regulation as hazardous waste under RCRA Subtitle C. This determination was issued pursuant to the mandate in the Bevill Amendment (RCRA Section 8002(p)) directing EPA to study and make a regulatory determination on mining waste.
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What changed
The 1991 Bevill Mining Waste Determination represents EPA's final regulatory determination under Section 3001(b)(3)(A) of RCRA. The determination excludes certain solid and dissolved wastes from extraction,beneficiation,and processing operations of ores and minerals from regulation as hazardous waste under Subtitle C of RCRA,provided they meet specified criteria. This determination was required by the Bevill Amendment,which directed EPA to study mining wastes and make a determination within 30 months of enactment.
For mining establishments and mineral processing facilities,this determination establishes that the Bevill exclusion applies to solid wastes from extraction and initial processing of ores and minerals,as well as specific dissolved geologic materials. Facilities generating or managing these waste streams should verify their waste management practices align with the scope of this exclusion and maintain documentation supporting exclusion eligibility.
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Apr 25, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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