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Why does “High Volume, Low Hazard” Criteria not apply to beneficiation wastes?

April 26, 2017beneficiation criteria

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Why does “High Volume, Low Hazard” Criteria not apply to beneficiation wastes?

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The EDF II court found that congressional intent was to exempt “. . . only those wastes from processing ores or minerals that meet the ‘special waste’ criteria, that is, ‘high volume, low hazard’ wastes”. 7 The EDF II court explained Congressional intent for mineral processing waste but it did not explicitly address beneficiation wastes. Therefore, extraction and beneficiation wastes eligible for the Bevill Exclusion may include small volume, high hazard wastes.