This case is part of the Mining and Mineral Processing National Priority. On December 9, 2003, an unannounced EPA lead compliance evaluation inspection (CEI) was conducted at the facility to determine the facility's compliance status with the applicable RCRA regulations. Following a discussion of the facility's operations, a walk-through inspection of the facility's sulfuric acid production operations was performed.
While certain waste waters produced from the production of phosphoric acid are exempt from being a hazardous waste pursuant to 40 C.F.R. ? 261.4(b)(7)(ii)(P), inspectors determined that non-Bevill exempt waste waters were being generated. These included waste waters generated from within the sulfuric acid plant areas as well as discharges from cation and anion water demineralization units. These units are used to demineralize water for use in the production of the sulfuric acid. These spills/discharges are initially managed within a concrete ditch which channels the waste waters beneath an equipment cleaning area and a metal walkway before going through a spillway. This spillway discharges to an earthen ditch and an unlined earthen surface impoundment called the Stormwater Retention Pond or A11 Pond. A pH meter was attached to the walk-way over the concrete ditch. A solid waste with a pH of less than or equal to 2 is a corrosive hazardous waste and has the EPA Hazardous Waste Number of D002. At the inspect