United States            Solid Waste and
                    Environmental Protection      Emergency Response          EPA/530-F-92-013
                    Agency                (OS-305)                 June 1992

                    Office of Solid Waste
v>EPA        Environmental
                    Fact Sheet
                     RECYCLED COKE WASTES
                     EXEMPT FROM HAZARDOUS
                     WASTE REGULATION
                    The Environmental Protection Agency (EPA) has issued a final rule that
                    exempts from the definition of solid waste those wastes produced by the
                    coke by-products industry that are reinserted into coke ovens or mixed
                    with coal tar. The exemption means that this industry may continue the
                    common practice of recycling such wastes without interruption and without
                    being subject to regulation under the Resource Conservation and
                    Recovery Act (RCRA).
       Background
         The coke by-product industry commonly recycles the residues
       generated during coking and tar refining processes by returning the
       residues to coke ovens as a feedstock or mixing them with coal tar
       prior to its refining or sale.

         These residues do not significantly alter the chemical composition of
       the final products once reycled.  Prior to reinsertion in the process,
       however, the residues do exhibit the Toxicity Characteristic fTC), and
       would thus normally require management as hazardous wastes under
       the Resource Conservation and Recovery Act (RCRA). Under such
       regulatory conditions, the coke by-product industry would likely halt
       its recycling practices and dispose of the residues instead.

         On July 26. 1991, EPA published a Notice of Proposed Fulemaking
       and request for public comment that included a proposal to exclude
       coke by-product residues from the definition of "solid waste" once they
       are returned to the coke oven or mixed with coal tar.  This exclusion

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essentially meant that coke and tar refining facilities would be allowed
to continue their recycling practices without being subject to regulation
under RCRA. EPA evaluated the comments received on its proposal
and has now made a final determination on this portion of the rule.

Action

   In an effort to encourage legitimate hazardous waste recycling over
disposal, EPA is making final its exclusion from the definition of solid
waste of coke by-product  residues that are returned to coke ovens or
mixed with coal tar. Any  materials spilled, land disposed, or otherwise
discarded do not fall within the scope of this exclusion. EPA believes
that, when conducted in a responsible manner, the recycling of these
residues does not cause additional threat to human health or the
environment and is not part of the waste disposal problem.

Contact

   For further information, or to order a copy of the Federal Register
notice, please call the RCRA Hotline Monday through Friday, 8:30 a.m.
to 7:30 p.m., EST. The national toll-free number is (800) 424-9346; for
the hearing impaired, it is ODD) (800) 553-7672. In Washington. D.C..
the number is (703) 920-9810 or TDD(703) 486-3323.  Or write to:
RCRA Information Center. Office of Solid Waste (OS-305). U.S. EPA.
401 M Street. S.W.. Washington. D.C. 20460.

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