RCRA regulations 40 CFR 261.4(a)(5) allows for an exemption from regulation as a solid waste - and thus as a hazardous waste - certain wastes generated from in-situ mining. This presentation briefly describes the exclusion.

1. EXCLUSIONS FROM
REGULATION AS SOLID
WASTE
One 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) @DanielsTraining 1
This presentation: 40 CFR 261.4(a)(5):
In-Situ Mining

2. PRESENTED BY:
Daniels Training Services
815.821.1550
www.DanielsTraining.com
Info@DanielsTraining.com
A different kind of training.
@DanielsTraining 240 CFR 261.4(a)(5)

3. 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) @DanielsTraining 3
Solid
Waste
Hazardous
Waste

4. 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
4@DanielsTraining40 CFR 261.4(a)(5)

5. 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
5@DanielsTraining40 CFR 261.4(a)(5)

6. 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
6@DanielsTraining40 CFR 261.4(a)(5)

7. 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.”
@DanielsTraining 7
2011 RCRA Orientation Manual
40 CFR 261.4(a)(5)

8. “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) @DanielsTraining 8

9. 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) @DanielsTraining 9
Wikipedia.org

10. 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) @DanielsTraining 10

11. More to Consider (3)…
• Check with your State
as it may not recognize
this Federal exclusion.
40 CFR 261.4(a)(5) @DanielsTraining 11

12. 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) @DanielsTraining 12

13. 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 Services
815.821.1550
Info@DanielsTraining.com
www.DanielsTraining.com
13@DanielsTraining
Please Like or Share!
40 CFR 261.4(a)(5)