oEPA
              United St
              Environmental Protection
              Agency
          Off ice of
          Solid WMM and
          Emergency Re«pon»e
DIRECTIVE NUMBER: 9441.06(85)
TITLE:  Use/Reuse Provisions in the Definition of Solid
     Waste Rulemaking
                APPROVAL DATE:  2-13-85
                EFFECTIVE DATE:  2-13-85
                ORIGINATING OFFICE:  office of solid waste
                E FINAL
               ; D DRAFT
                 LEVEL OF DRAFT
                   DA — Signed by AA or DAA
                   D B — Signed by Office Director
                   D C — Review & Comment
                REFERENCE (other documents):
  OSWER      OSWER     OSWER
VE   DIRECTIVE   DIRECTIVE   Dl

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261  SUBPART A - GENERAL
                                                DOC:  9441.06(85)
Key Words:

Regulations:

Subject:

Addressee:
Characteristics of Hazardous Waste, Solid Wastes
Use/Reuse Provisions in the Definition of Solid Waste Rulemaking

H. Bzura, Madison Industries, Inc., P.O. Box 175, Old Bridge,
NJ 08857
Originator:   Matthew A. Straus, Chief, Waste Identification Branch

Source Doc:   #9441.06(85)

Date:         2-13-85

Summary:

     Baghouse flue dust and zinc oxide sludge which exhibits a hazardous waste
characteristic are not solid wastes if these materials are used as an ingredient
to make a new product provided they are not accumulated speculatively (as
defined in the January 4, 1985, rule) or are not used to produce a product that'
is placed on.the land for beneficial use.  The effective date for the use/
reuse provisions in the definition of solid waste.rulemaking is December 20,
1.984.

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                                                                     9441.06 (85)-
                 .-          ,   FEB.I 3 1985
       Mr. H. Bzura        >—   , •   .-*.   •
       Madison Indusries, Inc.
       P.O. Box 175
       Old Bridge, New Jersey  08857

       Dear Mr. Bzurat

            This letter is response to our telephone conversation on
       January 24 and your letter dated January 25, 1985 regarding
       the regulatory status of the baghouse flue dust and zinc-oxide
       sludge which you are considering recycling at your plant.  in
^      addition, you also requested confirmation of the effective
°      date for various provisions dealing with use/reuse in the
•j)      definition of solid waste rulemaking.  In particular, you
^      indicated that you are interested in purchasing baghouse flue
rj      dust from manufacturers of brass as well as a zinc oxide sludge
n      generated from air pollution control equipment.  These secondary
£      materials as well as hydrochloric acid or sulfuric acid will
^      be mixed and pumped into a reactor where either zinc chloride
a      or zinc sulfate will be produced.  These solutions are then
a      purified.  You further indicated that no reclamation is
^|      carried-out as part of the operation, but rather these
i*      materials are used as a raw material in the manufacture of
^      zinc chemicals.

N           Based on this description, you are correct that the
^      baghouse flue dust and zinc oxide sludge are not solid wastes
^      provided that these secondary materials are not accumulated
a      speculatively (as defined in the January 4, 1985 rule) or are
i
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not used to produce a product that is placed on the land for
beneficial use.I/  in addition, you are also correct in your
reading of the regulations that the effective date for this
provision of the rulemaking—that is, the use/reuse provision-
is December 20, 1984.  Please give me a call if I can be of
any further assistance.                               '

                       Sincerely yours,
                             Matthew A. Straus
                                   Chief
                        Waste Identification Branch
 4
 ql     I/  It should be noted that even if the zinc were .reclaimed,
 s          these secondary materials would not be defined as solid
 i          wastes since they are unlisted sludges.

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