United State*
Environmental Protection
Agency
Off ice of
Solid Waste and
Emergency Responaa
oEPA
DIRECTIVE NUMBER: 9441.02(81)
TITLE: EPA Regulation of Utility Waste
APPROVAL DATE: 2-18-81
EFFECTIVE DATE: 2-18-81
ORIGINATING OFFICE: osw
E FINAL
D DRAFT
LEVEL OF DRAFT /
DA — Signed by AA or DAA
D B — Signed by Office Director
DC — Review & Comment
. - A. s
REFERENCE (other documents):
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Di
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PART 261 SUBPART A - GENERAL DOC: 9441.02(81)
Key Words: Fossil Fuels, Exclusion, Emission Control Wastes
Regulations: 40 CFR 261.4(b)(4)
Subject: EPA Regulation of Utility Waste
Addressee: Regional Directors: Air and Hazardous Materials Division; Enforce-
ment Division; Surveillance and Analysis Division; Offices of
Regional Counsel; Director, National Enforcement Investigations
Center x
Originator: Steffen W. Plehn, Deputy Assistant Administrator for Solid Waste,
and R. Sarah Compton, Deputy Assistant Administrator for Water
Enforcement
Source Doc: #9441.02(81)
Date: 2-18-81
Summary:
Pursuant to 40 CFR 261.4 (b)(4), the following fossil fuel combustion
wastes are excluded from Subtitle C regulation and are regulated under Sub-
title D:
(a) Fly ash, bottom ash, boiler slag and fuel gas emission control wastes
resulting from: (1) the combustion solely of coal, oil, or natural
gas; (2) the combustion of .any mixture .of these fossil fuels; or (3)
the combustion of any mixture of coal and other fuels, up to a 50
percent mixture of such other fuels.
(b) Wastes produced in conjunction with the combustion of fossil fuels,
which are necessarily associated with the production of energy, and
which are mixed with and co-disposed or co-treated with fly ash,
bottom ash, boiler slag, or flue gas emission control wastes from "
coal combustion.
The §261.4(b)4 provision includes but is not limited to the following
wastes:
(1) boiler cleaning solutions,
,*(2) boiler blowdown,
(3) demineralizer regenerant
(4) pyrites, and cooling toward blowdown.
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9441.02 (81)
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. C.C. 2C-SO
DATE: ~-t : c —71
• -.- . u .-.:.)
SUBJECT: EPA Regulation of Utilitv Waste rt/, ^
(Vjfl \jJ1[.
FROM: Steffen W. Plehn, Deputy Assistanr;J/i[r{p~V^
Administrator for Solid Waste (WH-T62J
R. Sarah Compton, Deputy Assistant
Administrator for Water Enforcement (EN-3^5)
TO: Regional Directors —
Air and Hazardous Materials Division
Enforcement Division
Surveillance and Analysis Division
Offices of Regional Counsel (see list)
Director, National Enforcement Investigations Center
Attached is a copy of a letter which provides interpretation
of EPA's regulation of solid wastes frcm fcssil fuel combustion.
This letter, addressed to Mr. Paul Smler of the Utility S<3lid
Waste Activities Group on January 13, 1551, interprets the
language contained ir: §251.4(b)(4) of the May 19, 1980 regulations
for Hazardous Waste Management, implementing Subtitle C of the
Resource Conservation and Recovery Act of 1975 (RCRA).
In those regulations, wa published an exclusion from Subtitle C
regulation for those fossil fuel- combustion wastes which were the
subject' of then pending Congressional amendments. The language
of the exclusion in §251.4(b)(4) is identical to pertinent language
of Section 7 of the Solid Waste Disposal Act Amendments of 1980
(P.L. 96-452) which was enacted on October 21, 1980 ar.d whiciS
mandates that exclusion. Specifically the exclusion language of
cur regulations.provides that the following solid wastes are not
hazardous wastes:
"Fly ash wastes, bottom ash waste, slag waste,
and flue gas emission control waste generated
. primarily from the combustion of coal or other
fossil" fuels." •
In the January 13 letter, EPA interpreted this exclusion lan-
guage' to mean -that the following solid wastes are not hazardous
wastes:
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(a) Fly -ash, bottom ash, boiler slac and flue gas
emission control wastes resulting from (1) the
' combustion solely of coal, oil, or natural gas,
(2) the combustion of any mixture of these
fossil fuels, or (3) the combustion of any
mixture of coal and other fuels, up to a 50
percent mixture;of such other fuels,
(b) Wastes produced in conjunction with the combus-
tion of fossil fuels, which are necessarily
-associated with the production of energy, and
which traditionally have been, and which actually
are, mixed with and co-disposed or co-treated
with fly ash,- bottom ash, boiler slag, or flue
gas emission control wastes from coal combustion,
This provision includes, but is not. limited to, the
following wastes:
(1) boiler cleaning solutions,
(2) boiler biowdown,
(3) demineralizer regenerant,
(4) pyrites, and
(5) cooling tower biowdown.
This exclusion from hazardous waste regulation applies only
until such time, as' E?A studies the environmental effects of -
disposal of these wastes and makes a determination as to how they
should be managed. The utility industry will be assisting £?&
in the collection of such information. In the meantime, utility-
waste is regulated as a solid waste, subject to RC?--. Subtitle D
criteria.
After receipt of information from the utility industry,
cur current interpretation of the fossil fuel combustion waste
ce,ferral may be revised. Li the meantime, however, the guidance
provided to Mr. -Saler represents -£?A's position en this issue.
I urge each of you to-study carefully the details of and ration-
ale behind the guidance, and make the appropriate.persons on
your staff aware of it. If you- have any questions on this issue
or on the letter itself, please contact John Keffelfinger,
in the Office of- Solid Waste, at (202) 755-9206.
Attachment
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U.S. EPA - Region I
John F. Kennedy Federal-Building
Boston, Mass. 02203
"David Stone
Office of Regional Counsel
U.S. EPA - Region II
26 Federal Plaza
New York, New Yorx 10007
Lawrence Bass
Office of Regional Counsel
U.S. EPA - Region III
Curtis Building
6th 5 Walnut Streets
Philadelphia, Pa. 19106
Gloria Ellis
Office of Regional Counsel
U.S. EPA - Region IV
345 Courtiand'Street, N.E.
Atlanta, Georgia 303rr-^5-
Mary C. Bryant
Office of Regional Counsel .
U.S. EPA - Region V
230 South Dearborn Street
Chicago, Illinois 50504
Barbara-Greenfield
Earless Benthal
Office of Regional Counsel
U.S. EPA - Region VI
First Internaticr.il Building
1201 ELi Street
Dallas, Texas 75270
Jar.e Werholz
Office of Regional Counsel
U.S. EPA - Region VII
.173*5 Baltimore Street
Kansas* City, Miss. 641C3
\
wilkes McClave, ill
Office of Regional Counsel
U.S. EPA - Region VIII
i860 Lincoln Street
Denver,. Colorado 80203
David Stroraberg
Office of Regional Counsel
U.S. EPA - Region IX
215 Fremont Street
San Francisco, Calif. 94105
Cheryl Kashuta
Office of Regional Counsel
U.S. EPA - Region X -
1200 6th Avenue
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