United States Solid Waste and
Environmental Protection Emergency Response EPA/530-F-92-021
Agency (OS-305) August 1992
Office of Solid Waste
vvEPA Environmental
Fact Sheet
COKE LISTING DETERMINATION
MADE FINAL
The Environmental Protection Agency (EPA) is making final a rule
that lists as hazardous seven wastes from the coke by-products industry.
This does not affect those wastes that are recycled back into the
manufacturing process, as is commonly practised in the industry.
Process wastewaters are not being listed as hazardous wastes.
Background
The production of coke generates crude coal tars and light
oils as by-products, which are refined into many other commercial
products, such as creosote for wood preserving. The wastes
generated in both the coking and tar refining processes contain
toxic constituents, but they may be recycled back into the system
without adding toxicity to the final product or altering its quality.
In 1980, EPA identified and listed three wastes generated by
the coke by-products industry as "hazardous," subjecting them to
regulation under the Resource Conservation and Recovery Act
(RCRA). The 1984 Hazardous and Solid Waste Amendments (HSWA)
required EPA to make a ruling on whether to list as hazardous
additional wastes from the coke by-products industry.
On July 26, 1991, EPA issued a Notice of Proposed
Rulemaking to list as hazardous seven additional wastes, and not
to list process wastewaters. In order to promote environmentally
responsible recycling of hazardous wastes, EPA also proposed to
exclude these wastes from the definition of "solid waste" when
they are reinserted in coke ovens or mixed with coal tar.
Following a review of public comments, EPA made final (June 22,
1992) the exclusion portion of the proposal for coke wastes
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exhibiting the Toxicity Characteristic, thus effectively excluding
the management of these wastes from regulation under RCRA when
they are recycled.
Action
EPA is listing as hazardous seven categories of wastes
(K141-145, K147, K148) generated by the coke by-products
industry. Five of the wastes are generated at coke plants during
the production, recovery, and refining of coke by-products
produced from coal. The other two are generated at tar refining
facilities. In order to promote industry recycling, the solid waste
exclusion is being extended to these wastes when they are
reinserted in coke ovens or mixed with coal tar.
Process wastewaters, which are generated in large volumes,
are not listed as hazardous wastes. These wastes are sufficiently
controlled under other regulations (e.g., the Toxicity Character-
istic and the Clean Water Act).
This final rule completes the full intent of the HSWA statute
with regard to making a listing determination for the coke by-
products industry.
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 (TDD) (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, SW, Washington,
D.C. 20460.
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