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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