What are the Basic Steps in Making Bevill Determinations?
Note: The answers to these questions should not be used to make formal determinations of the status of how wastes at a particular facility are regulated under 40 CFR 261.4(b)(7). Such opinions should be secured from the RCRA authorized state or the EPA Regional office.
Determine whether the material is considered a solid waste under RCRA.
Determine whether the facility is using a primary ore or mineral to produce a final or intermediate product and also whether less than 50 percent of the feedstocks on an annual basis are from secondary sources.
Establish whether the material and the operation that generates it are uniquely associated with mineral production.
Determine where in the sequence of operations beneficiation ends and mineral processing begins.
If the material is a mineral processing waste, determine whether it is one of the 20 special wastes from mineral processing.
This analytical sequence will result in one of three outcomes:
the material is not a solid waste and therefore not subject to RCRA;
the material is a solid waste but is exempt from RCRA Subtitle C because of the Mining Waste Exclusion; or
the material is a solid waste that is not exempt from RCRA Subtitle C and is subject to regulation as a hazardous waste if it is a listed or characteristic hazardous waste.
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Please refer to the Bevill Amendment Issues Training page for additional information.