Chapter 22 EMERGING ISSUES UNDER THE RCRA BEVILL EXCLUSION: THE BEVILL IS IN THE DETAILS

摘要

Navigating the intricacies of the Resource Conservation and Recovery Act's (RCRA)1 Bevill exclusion2 has been a challenge for even the most experienced environmental practitioners for more than 30 years. There are many traps for the unwary, given the complexity of both the mineral beneficiation and processing operations that seek the protection of the Bevill exclusion and the applicable RCRA regulations. However, Bevill status frequently is jeopardized by failing to comply with even the most basic requirements for obtaining and preserving the protection of the Bevill exclusion. Successfully navigating the technical and legal complexities of the Bevill exclusion and the RCRA regulations applicable to non-Bevill materials can have significant benefits for those in the regulated community by allowing wastes derived from the extraction, beneficiation, and processing of ores and minerals to be managed as RCRA Subtitle D "solid waste" as opposed to Subtitle C "hazardous waste," or to be excluded from RCRA regulation entirely.