U.S. Environmental Protection Agency - October 2007

FY08 – FY10 Compliance and Enforcement National Priority

for Mineral Processing

What is the Environmental Problem?

The mineral processing and mining sectors generate more wastes that are
corrosive or contain toxic metals than any other industrial sector. 
Over the past decade, EPA has found that many of the facilities that
manage these wastes have contaminated groundwater, surface water and
soil either through failure to comply with state or federal
environmental requirements or legally permissible waste management
practices.  Large-scale mineral processing and mining operations often
severely affect water supplies and wildlife and create environmental
damage.  Many facilities are located in populated areas, making health
risks a significant concern for EPA.  EPA has listed over 80 mineral
processing and mining sites on the Superfund National Priorities List
(NPL) and, along with states, undertaken expensive cleanups using a
variety of legal authorities.  A detailed description of mining and
mineral processing activities and the resulting environmental damages
can be found at   HYPERLINK
"www.epa.gov/superfund/programs/aml/index.htm" 
www.epa.gov/superfund/programs/aml/index.htm  and   HYPERLINK
"www.epa.gov/epaoswer/other/mining/minedock/damage/damage.pdf" 
www.epa.gov/epaoswer/other/mining/minedock/damage/damage.pdf .  The
facilities that EPA plans to investigate have the potential to cause the
environmental problems described in these documents.

How Is The Problem Being Addressed?

The Mineral Processing national priority strategy aims to achieve
maximum compliance with environmental regulations in order to protect
human health and the environment. The strategy has a special emphasis on
mineral processing facilities that dispose of hazardous wastes in
surface impoundments.  EPA has found a growing body of evidence showing
that even if a portion of the hazardous waste is continuously recycled
on-site, the surface impoundments leak and cause widespread
environmental damage.  The object of the strategy is to reduce risk to
human health and the environment by achieving increased compliance rates
throughout the mineral processing sectors and by ensuring that existing
and potential harm are being appropriately addressed through enforcement
and compliance assistance. 

Highlights from the FY 2005-2007 Planning Cycle

From 2004 to 2007, EPA completed inspections at 20 phosphoric acid
facilities, 25 other mineral processing facilities (e.g., titanium), and
5 mine sites.  While most of the investigations are on-going, the most
common violations found were illegal disposal of hazardous waste and
failure to identify and characterize hazardous waste.  EPA is working
closely with these facilities to ensure they achieve compliance. 

Any enforcement in the mining sector that was initiated during the
FY2005-2007 strategy cycle, either under RCRA or other regulatory
authorities, will proceed forward as planned.  EPA, however, will need
to evaluate regulatory tools other than Resource Conservation and
Recovery Act (RCRA), such as the Clean Water Act, Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), and
Emergency Planning and Community Right-to-Know Act (EPCRA), to address
environmental risks from mining operations before planning additional
mining inspections.  In addition, EPA will need to further evaluate
injunctive relief options and their associated environmental benefits. 
Further, states and federal land management agencies (i.e., Bureau of
Land Management (BLM) and Forest Service) have widely varying mining
regulations.  Some are more stringent than federal standards.  EPA will
need more time and resources to work with these states, BLM, and the
Forest Service to forge partnerships and combine resources devoted to
mining.  Finally, significant resources are needed to assess
environmental risk at mining sites, such as sampling and laboratory
analysis.  

EPA will continue to develop appropriate assistance tools for the
businesses operating within the gold and copper mining and mineral
processing sectors, and for state, federal and tribal inspectors. 
Building on information gathered under this priority, these tools will
(1) highlight the common environmental problems associated with these
sectors; (2) help the industry employ sound management practices to
better handle their wastes and prevent future releases; (3) help the
industry conduct more thorough self-audits; and, (4) help the regulators
better focus their resources and conduct inspections more efficiently. 
In addition, some of the materials will identify opportunities for
implementing “beyond compliance” activities that are designed to
reduce the environmental impacts of mining and mineral processing
operations.  EPA will provide opportunities for interested parties to
review and/or participate in such tool development.

Final: Mineral Processing Summary		October 2007

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