PA
United States
Environmental Protection
Agency
OH.ce of
Solid Waste ana
Emergency Response
DIRECTIVE NUMBER: 9441.20(84)
TITLE: Clarification of Exemptions Enacted in 1980 RCRA
Amendments
APPROVAL DATE: 8-16-84
EFFECTIVE DATE: 8-16-84
ORIGINATING OFFICE: office of solid waste
C FINAL
D DRAFT
LEVEL OF DRAFT
DA — Signed by AA or OAA
OB — Signed by Office Director
D C — Review & Comment
REFERENCE (other documents):
OS WER OS WER OS WER
VE DIRECTIVE DIRECTIVE Dl
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PART 261 SUBPART A - GENERAL
DOC: 9441.20(84)
'Key Words:
Regulations:
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
Emission Control Waste, Fossil Fuel, Exclusion
40 CFR 261.4(b)(4)
Clarification of Exemptions Enacted in 1980 RCRA Amendments
Tom Tiesler, Director, Division of Solid Waste Management,
Bureau of Environmental Services, Department of Public Health,
150 9th Avenue, North, Nashville, TN 37203
John P. Lehman, Director, Waste Management and Economics
Division
#9441.20(84)
8-16-84
Fly ash, bottom ash, boiler slag, and flue gas emission control wastes
resulting from the combustion of fossil fuels or mixtures of fossil fuels and
other fuels are excluded from regulation as a hazardous waste under 40 CFR
261.4(b)(4). Emission control wastes are not exempt under 40 CFR 261.4(b)(4)
if they are from a mixture of fossil fuel and, for example, metals from the
melting of scrap metal, which are not fuels.
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9441.20 (84)
AUG 16 1984
Mr. Ton Tiesler, Director
Division of Solid Waste Management
Bureau of Environmental Services
Department of Public Health
150 9th Avenue, North
Nashville, Tennessee 37203
Dear Tom:
At the request of Liz Cottingham in Congressman Leath's
office, I am writing to clarify S261.4(b)(4) of the RCRA
hazardous waste regulations. This section codifies a Con-
gressional exemption that was enacted in the 1980 RCRA
Amendmenta. The amendment (see RCRA Sec. 300Kb)(3){A)(i))
removes fly ash waste, bottom ash waste, slag waste, and flue
gas emission control waste generated primarily from the com-
bustion of coal or other fossil fuels from control under RCRA
Subtitle C until at least six months after « study under RCRA
Section 8002(n) is submitted to Congress. Other applicable
provisions of Federal and State laws. Including RCRA Subtitle
D, remain in effect.
While EPA's study under RCRA Section 8002(n) to date has
concentrated on wast'e generated by coal-fired electric utility
power plants, the Congressional exemption is not limited to
these plants, in our opinion. Ply ash, bottom ash, slag and
flue gas dust and sludges from the combustion of coal, oil, or
natural gas from any source would also be exempted temporarily
from RCRA Subtitle C control.
Sincerely,
cc: Liz Cottingham
John Skinner
Fred Lindsey
Bruce Weddle
Martha Kittel
Ton Devine-Region IV
John P. Lehman
Director
Waste Management and
Economics Division
JPLEHMAN:gb:WH-565:rmM2106:382-4756:8/14/84
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