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 ------- 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. ------- 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 ------- |