What is a Primary Ore or Mineral?
It is important to establish whether primary mineral production takes place at the facility. The exclusion does not apply to secondary production of mineral commodities. Wastes from scrap recycling, metals recovery from flue dust, and similar activities have always been subject to Subtitle C regulation if these wastes exhibit hazardous characteristics or are listed hazardous wastes. —Primary mineral production operations are defined as those using at least 50 percent ores, minerals, or beneficiated ores or minerals on an annual basis as the feedstock providing the mineral value. —The exclusion does not extend to downstream chemical manufacturing, fabrication, or other activities that use a saleable commodity as the primary raw material, even it these activities occur at the same facility. (see 54 FR 36616, September 1, 1989) • The initial stages of mining (i.e., extraction and beneficiation) produce relatively earthen-like large volume and low hazard wastes. • Beneficiation operati
