(1) The document discusses the exclusion from regulation as a hazardous waste for mining overburden under 40 CFR 261.4(b)(3). (2) Mining overburden refers to the earth and rocks that are removed to access ore deposits and are then returned to the mine site for reclamation purposes. (3) Under 40 CFR 261.4(b)(3), mining overburden returned to the mine site for reclamation is not considered a hazardous waste.

1. EXCLUSIONS FROM
REGULATION AS
HAZARDOUS 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).
@DanielsTraining 1
This presentation: 40 CFR 261.4(b)(3):
Mining Overburden
40 CFR 261.4(b)(3)

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(b)(3)

3. 40 CFR 261.4(b)
• Paragraph ‘b’ of section 261.4 identifies 18 solid
wastes excluded from regulation as a hazardous
waste.
@DanielsTraining 3
Solid
Waste
Hazardous
Waste
40 CFR 261.4(b)(3)

4. What is Excluded at 40 CFR 261.4(b)?
1) Household waste
2) Agricultural waste
Mining overburden
4. Fossil fuel
combustion waste
5. Oil, gas, &
geothermal wastes
6. Trivalent chromium
wastes
7. Mining & mineral-
processing wastes
8. Cement kiln dust
9. Arsenically-treated
wood
10. Petroleum-
contaminated media
& debris from
underground storage
tanks
4@DanielsTraining40 CFR 261.4(b)(3)

5. What is Excluded at 40 CFR 261.4(b)?
11) Hydrocarbon recovery
operations
12) Spent
chlorofluorocarbon
refrigerants
13) Used oil filters
14) Used oil distillation
bottoms
15) Leachate or gas
condensate from
landfills carrying the
K169 - K172 listings
16) Reserved
17) OMP Spring House
exclusions
18) Disposable wipes w/o
trichloroethylene
5@DanielsTraining40 CFR 261.4(b)(3)

6. Mining Overburden
“After an area of a surface mine has been
depleted, it is common practice to return to the
mine the earth and rocks (overburden) that were
removed to gain access to ore deposits. When the
material is returned to the mine site, it is not a
hazardous waste under RCRA.”
@DanielsTraining 6
2011 RCRA Orientation Manual
40 CFR 261.4(b)(3)

7. “The following solid wastes are not
hazardous wastes for the purpose of this
part…”
40 CFR 261.4(b)(3) @DanielsTraining 7
• Any material which is:
1. Overlying an
economic mineral
deposit.
2. Removed to gain
access to that
deposit.
And…
3. Is then used for
reclamation of a
surface mine.

8. More to Consider (1)…
“Mining overburden
returned to the mine
site means any material
overlying an economic
mineral deposit which is
removed to gain access
to that deposit and is
then used for
reclamation of a surface
mine.” – 40 CFR 260.10
40 CFR 261.4(b)(3) @DanielsTraining 8

9. More to Consider (2)…
“There are different types of mine waste materials
which vary in their physical and chemical composition,
their potential for environmental contamination, and
how they are managed at mine sites. Types of mine
waste include:
Overburden: Overburden includes the soil and rock
that is removed to gain access to the ore deposits at
open pit mines. It is usually piled on the surface at
mine sites where it will not impede further expansion of
the mining operation – moving large volumes of
material is expensive. Overburden generally has a low
potential for environmental contamination, and is often
used at mine sites for landscape contouring and
revegetation during mine closure.”
40 CFR 261.4(b)(3) @DanielsTraining 9
MiningFacts.org

10. More to Consider (3)…
• There are other conditional exclusions from
regulation for the mining industry:
• 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) – Exclusion from solid
waste for in-situ mining waste.
40 CFR 261.4(b)(3) @DanielsTraining 10

11. More to Consider (4)…
• Check with your State
as it may not recognize
this Federal exclusion.
@DanielsTraining 1140 CFR 261.4(b)(3)

12. 40 CFR 261.4(b)(3) Verbatim:
(b)Solid wastes which are not hazardous
wastes. The following solid wastes are not
hazardous wastes:
…
(3) Mining overburden returned to the mine site.
@DanielsTraining 1240 CFR 261.4(b)(3)

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(b)(3)