United States            Office of Solid Waste
                     Environmental Protection      and Emergency Response        EPA/530-SW-91-064
                     Agency                (OS-305)                  August 1991

                     Office of Solid Waste
SEPA         Environmental
                     Fact Sheet
                     COKE OVENS TEMPORARILY
                     EXEMPTED FROM BIF RULE
                     PROVISIONS
                     The Environmental Protection Agency (EPA) has issued an administrative
                     stay of the permitting standards for boilers and industrial furnaces (BIFs)
                     as they apply to the 34 coke ovens recycling hazardous wastes. The
                     primary effect of the stay is to allow the coke and coke by-products
                     industries to continue recycling certain production wastes without having
                     to comply with the BIF regulations, until EPA can evaluate comments on a
                     pending regulatory proposal concerning this practice.


         Background

            On February 21, 1991, EPA promulgated a final rule that estab-
         lished permitting standards for boilers and industrial furnaces burning
         hazardous waste.  Coke ovens were included on the  list of devices
         considered to be industrial furnaces in the BIF rule, yet the  rule ex-
         cluded one of the several wastes generated by,  and typically inserted
         back into, the coking process.

            On July 26, 1991, EPA published a proposed rule that would ex-
         clude from the definition of "solid waste" additional coke by-product
         wastes (K141-145, K147, K148) when they are recycled into the coke
         oven or mixed with coal tar. Once excluded from the definition of "solid
         waste," the coke ovens recycling them would in turn no longer be sub-
         ject to the BIF permitting standards. EPA will soon evaluate comments
         received on the proposed rule and will make a final determination for
         the recycling of these wastes by October 1991.

         Action

            On August 21, 1991 (also the effective date of the  BIF rule), EPA
         issued an administrative stay of the BIF permitting standards as they
         apply to coke ovens in order to ensure that current recycling practices

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are not disrupted, pending completion of the rulemaking process con-
cerning such practices.

   Given the complex nature of industrial production, waste recycling,
and various regulations affecting this industry, EPA believes an admin-
istrative stay is warranted until all the issues are sorted out under the
different regulatory schemes.  EPA further believes that this stay will
prevent disruption of environmentally beneficial practices and that the
absence of a stay will cause unnecessary harm to the coke, coke by-
products, and steel industries.

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, S.W., Washington, D.C.  20460.

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