United States Solid Waste and
Environmental Protection Emergency Response EPA530-F-94-024
Agency (5305) August 1994
Office of Solid Waste
x°/EPA Environmental
Fact Sheet
Certain Hazardous Waste Slag
Uses Now Subject to Regulation
Background
The regulations under 40 CFR 266.20 conditionally exempt
hazardous waste that is used in a manner constituting disposal
(applied to or placed on land), as well as waste-derived products that
are produced (in whole or in part) from hazardous waste, and used in a
manner constituting disposal, from the Environmental Protection
Agency's (EPA's) hazardous waste disposal regulations. Under a
generic exclusion promulgated for high-temperature metal recovery
(HTMR) slags derived from hazardous waste (K061, K062, and F006),
these slags are nonhazardous if generic exclusion levels for 13 metals
are met, and if the slags are disposed of in nonhazardous waste
landfills. EPA was challenged legally over the regulatory anomaly that
effectively allowed slags used in an uncontrolled manner to be subject
to lesser standards than slags disposed of in controlled landfills. To
respond to the legal challenge, EPA agreed to establish appropriate
generic exclusion levels or to prohibit nonencapsulated uses of K061
slags.
Action
This rule effectively prohibits anti-skid/de-icing uses of HTMR slag
residues derived from hazardous wastes K061, K062, and F006, as
waste-derived products placed on the land. This use is not prohibited
when these wastes comply with all federal requirements for the land
disposal of hazardous waste.
This rule does not prohibit other uses of HTMR slags that comply
with Section 266.20 requirements. The HTMR slags also may continue
to be disposed of in nonhazardous waste landfills if the residuals can
meet the risk-based exclusion levels specified in Section 261.3(c)(2).
Contact
For more information or to order a copy of the Federal Register
notice, contact the RCRA Hotline, Monday-Friday, 8:30 a.m. to 7:30
p.m. EST. The national, toll-free number is (800) 424-9346; TDD (800)
553-7672 (hearing impaired); in Washington, D.C., the number is (703)
412-9810, TDD (703) 412-3323.
Printed on Recycled Paper
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