United States              Solid Waste and              EPA530-F-00-038
                 Environmental Protection     Emergency Response             November 2000
                 Agency                    (5305W)                   vwvw.epa.gov

                 Office of Solid Waste	


vvEPA     ENVIRONMENTAL


                  FACT   SHEET	

                 REGULATIONS TO BE REVISED FOR
                 ZINC FERTILIZER RECYCLING

                    The Environmental Protection Agency (EPA) 's proposal to modify existing
                 regulations for zinc fertilizers made from recycled industrial wastes will
                 conserve natural resources, prevent pollution, and save money. These
                 provisions  are expected to improve and increase legitimate zinc recycling, and
                 reduce contaminant levels in these types of fertilizers. While ensuring that
                 recycled zinc fertilizers are good, clean fertilizers, regulatory restrictions on this
                 industry will be streamlined. As a result of this action, industry should save
                 around seven million dollars.

Background
   In 1997, the public and press-particularly in the Pacific Northwest-raised concerns about
the use of hazardous wastes to manufacture agricultural fertilizers and soil amendments. As
a result, EPA launched a major effort to assess hazardous contaminants in fertilizers, and to
reassess existing Agency regulations governing these recycling practices. The Agency found
that:

   -  With a few exceptions, fertilizers generally do not appear to contain contaminants
      (such as lead, cadmium,  or arsenic) at levels that present public health concerns.
   -  Most fertilizers are relatively "clean," so there is not an apparent need for EPA to
      develop comprehensive new federal regulations for fertilizer products.
   -  The majority of fertilizers made from recycled hazardous wastes are zinc
      micronutrient fertilizers, which are applied sparingly to farmlands (typically, a few
      pounds per acre a year),  and are used to fertilize crops such as corn, potatoes, and fruit
      trees.
   -  About half of all zinc fertilizers are made from hazardous industrial wastes (a practice
      regulated by EPA), which can include the use of emission control dusts from electric
      arc steel furnaces and brass foundries, as well as ash from energy recovery facilities
      that burn tires. Zinc fertilizers can also be made from nonhazardous wastes and
      "virgin" materials, such  as ore concentrates.

   EPAs studies of fertilizer contaminants also found that the current regulations covering
this kind of recycling need to be revised, for three main reasons: (1)
the current EPA standards for contaminants in these types of fertilizer products are applied
inconsistently,  allowing exemptions for certain recycled zinc fertilizers with relatively high
contaminant levels; (2) legitimate recycling of hazardous waste into fertilizers is currently
hampered by unnecessary regulatory restrictions; and (3) existing standards for

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contaminants in hazardous waste-derived fertilizers can and should be tightened to reflect
levels that industry can achieve through demonstrated, affordable,  sound manufacturing
practices.

Action
   The Agency is proposing to make zinc-bearing industrial waste  recycling simpler and
more consistent by using a common-sense regulatory approach.  In  summary, this
proposal will:

    !   Make current regulations stronger and more consistent by making all hazardous
       waste derived fertilizers meet stringent contaminant standards (including fertilizers
       made from electric-arc furnace dust, or K061,  which are now exempt from the
       standards).
    !   Limit hazardous metals in recycled zinc fertilizers by setting standards based on
       demonstrated good manufacturing practices, and by setting  a standard for dioxins
       based on "background" levels in soils.  The overall result will be to reduce the volumes
       of contaminants-particularly heavy metals-that are applied to the nation's farmlands
       from hazardous waste-derived zinc fertilizers.
    !   Impose more appropriate management controls on waste materials used in zinc
       fertilizer recycling. The proposal will better define "legitimate recycling" for zinc
       fertilizers, and will streamline and strengthen existing regulatory controls over the
       management of hazardous wastes used as feedstocks in zinc fertilizer manufacturing.

   The proposal also discusses the prospect of removing the current exemption for certain
mining wastes that exhibit a hazardous waste characteristic and that are used to make
fertilizer products.

State vs. Federal Role

   Virtually all states have regulatory programs for fertilizers,  which are administered by
state agricultural agencies primarily to ensure that fertilizers meet the manufacturers' plant
nutrient claims, and that they are accurately classified and labeled. Some states, such as the
state of Washington,  have recently begun to regulate contaminant  levels in nearly all
fertilizers and soil amendment products. Since EPA regulates contaminants in only a very
small percentage  of the fertilizers currently on the market (perhaps as little as one percent or
less), the Agency supports and encourages these state efforts.

For More Information
   The Federal Register notice, this fact sheet, and other documents related to this action are
available in electronic format on the Internet at . For additional information or to order
paper copies of any documents, call the RCRA Hotline.  Callers within the Washington
Metropolitan Area must dial 703-412-9810 or TDD 703-412-3323 (hearing impaired). Long-
distance callers may call 1-800-424-9346 or TDD 1-800-553-7672. The RCRA Hotline operates
weekdays, 9:00 a.m. to 6:00 p.m. Address written requests to: rcra-docket@epa.gov or RCRA
Information Center (5305W), US EPA, Ariel Rios Building, 1200 Pennsylvania Avenue,  NW,
Washington, DC 20460-0002.

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