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Fact Sheet

July 2007

Mine Waste

INTRODUCTION

The U.S. Environmental Protection Agency (EPA) Region 7 is providing this fact sheet as public guidance on lead-contaminated mine waste usage in the states of Missouri and Kansas. Some residual wastes from mining are a commercial commodity and have been used for many years. To ensure that human health and the environment will be protected, EPA believes that the ultimate use of the material generally should not allow people, and in particular young children and pregnant women, to come into direct contact with lead-contaminated mine wastes. This modification of the Mine Waste Fact Sheet makes it consistent with new EPA criteria for the use of mine waste issued on June 5, 2007, (40 CFR Part 278 or "Chat Rule") and replaces all prior Region 7 fact sheets on this subject.

The new Chat Rule establishes mandatory criteria for the environmentally-protective use of mine wastes in transportation projects carried out, in whole or in part, with federal funds. The rule applies only to mine wastes originating from the Tri-State Mining District, which includes Ottawa County, Okla., Cherokee County, Kan., and Jasper, Newton, Lawrence and Barry counties in Missouri. This fact sheet presents uses of chat which are not likely to create a concern for public health or the environment, as well as uses that may present such risks.

BACKGROUND

Historic lead and zinc mining in the Midwest was centered in two major areas: the Tri-State area (covering more than 2,500 square miles in southwestern Missouri, southeastern Kansas, and northeastern Oklahoma and the Old Lead Belt (covering about 110 square miles in southeastern Missouri). The first recorded mining occurred in the Old Lead Belt in about 1742. The production increased significantly in both the Tri-State area and the Old Lead Belt during the mid-1800s and lasted up to 1970. Production still occurs in a third area, the Viburnum Trend, in southeastern Missouri. Mining and milling of ore produced more than 500 million tons of waste in the Tri-State area and about 250 million tons of waste in the Old Lead Belt. More than 75 percent of the waste has been removed and used for many purposes over the years. Today, approximately 100 million tons of waste remain in the Tri-State area and 60 million tons in the Old Lead Belt. EPA Region 7, the states of Kansas and Missouri, local communities, and private companies are working together to reduce adverse impacts from these mine wastes which are contaminated with lead, zinc, cadmium, and other metals.

CHAT AND TAILINGS

Ore production consisted of crushing and grinding the mineral rocks to standard sizes and separating the ore. Ore processing was accomplished in either a dry gravity separation or through a wet washing or flotation separation. Dry processes produced a fine gravel waste commonly called "chat." The wet processes resulted in the creation of tailings ponds used to dispose of waste material after ore separation. The wastes from wet separation are typically sand and silt size and are called "tailings." Milling produces large chat waste piles and flat areas with tailings deposited in confined enclosures. Tailings generally contain higher concentrations of heavy metals and, therefore, present a higher risk to human health and the environment if swallowed.

LEGAL CONSIDERATIONS

If waste material is used in a way that creates a threat to human health or the environment, the owner of the property and the party responsible for creating the hazardous situation could be liable for a cleanup under the Superfund law, which is the Comprehensive Environmental Response & Compensation Liability Act. These mine wastes often contain lead, cadmium, zinc or other metal contaminants at levels that present a risk to both human health and the environment. Use of mine wastes in situations that allow people or ecological receptors (animals, plants, and fish, to name a few) to regularly come into contact with the mine wastes, could result in response actions under the Superfund law. To avoid Superfund liability for response actions, people who use mine wastes need to ensure they use the materials in a manner that prevents exposure to humans and other ecological receptors as described in this Fact Sheet.

TYPICAL USES

The following list conveys typical uses of mine wastes with an assessment of whether or not the use may result in significant human health or environmental risks based on EPA regulations and past Superfund decisions and supporting analyses. This list of acceptable and unacceptable uses of mine wastes is consistent with the EPA Chat Rule for use of mine wastes from the Tri-State Mining District in transportation construction projects funded, in whole or in part, with federal funds. This is supported as long as: 1) the proper certification, including the origin, amount, transfers, and recordkeeping are met; and 2) if proper testing is performed or the use of chat has been authorized pursuant to a state or federal response action which included a site-specific risk assessment. The site-specific testing or risk assessment is recommended prior to any use of mine waste materials in a project and in consultation with EPA or the state, as appropriate.

MINE WASTE USES THAT ARE NOT LIKELY TO PRESENT A THREAT TO HUMAN HEALTH OR THE ENVIRONMENT

MINE WASTE USES THAT MIGHT PRESENT A THREAT TO HUMAN HEALTH OR THE ENVIRONMENT

ADDITIONAL INFORMATION

If you would like additional information about this fact sheet or Superfund mining sites in Kansas or Missouri, please contact:

Debbie Kring
Community Involvement Coordinator
U.S. EPA - Region 7
901 North Fifth Street
Kansas City, Kansas 66101
Phone: (913) 551-7725 or
Toll Free: 1 (800) 223-0425
Fax: (913) 551-7066
E-mail: kring.debbie@epa.gov

OR

Gene Gunn
Superfund Branch Chief
U.S. EPA - Region 7
901 North Fifth Street
Kansas City, Kansas 66101
Phone: (913) 551-7776 or
Toll Free: 1 (800) 223-0425
Fax: (913) 551-7063
E-mail: gunn.gene@epa.gov

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