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EXCLUSIONS FROM REGULATION AS SOLID WASTEOne presentation in a series that briefly explains the Federal exclusions from full regulation for certain materials under the Resource Conservation and Recovery Act (RCRA).

40 CFR 261.4(a)(10)

This presentation: 40 CFR 261.4(a)(10):Coke By-Product Wastes

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PRESENTED BY:

Daniels Training Services815.821.1550www.DanielsTraining.comInfo@DanielsTraining.com

A different kind of training.

40 CFR 261.4(a)(10)

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40 CFR 261.4(a)

• Paragraph ‘a’ of section 261.4 identifies 26 materials excluded from regulation as a solid waste.

• If a material does not meet the definition of a solid waste, it cannot be a hazardous waste.

40 CFR 261.4(a)(10)

Solid Waste

Hazardous Waste

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Coke By-Product Wastes

“Coke, used in the production of iron, is made by heating coal in high temperature ovens. Throughout the production process many by-products are created. The refinement of these coke by-products generates several listed and characteristic wastestreams. However, to promote recycling of these wastes, EPA provided an exclusion from the definition of solid waste for certain coke by-product wastes that are recycled into new products. ”

40 CFR 261.4(a)(10)

2011 RCRA Orientation Manual

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• Includes certain K-Listed hazardous waste...

Haz Waste #

Haz Waste Hazard Code

K060 Ammonia still lime sludge from coking operations (T)

K087 Decanter tank tar sludge from coking operations (T)

K141 Process residues from the recovery of coal tar, including, but not limited to, collecting sump residues from the production of coke from coal or the recovery of coke by-products produced from coal. This listing does not include K087 (decanter tank tar sludges from coking operations)

(T)

“The following materials are not solid wastes for the purpose of this part…”

40 CFR 261.4(a)(10)

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• Includes certain K-Listed hazardous waste...Haz Waste #

Haz Waste Hazard Code

K142 Tar storage tank residues from the production of coke from coal or from the recovery of coke by-products produced from coal

(T)

K143 Process residues from the recovery of light oil, including, but not limited to, those generated in stills, decanters, & wash oil recovery units from the recovery of coke by-products produced from coal

(T)

K144 Wastewater sump residues from light oil refining, including, but not limited to, intercepting or contamination sump sludges from the recovery of coke by-products produced from coal

(T)

“The following materials are not solid wastes for the purpose of this part…”

40 CFR 261.4(a)(10)

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• Includes certain K-Listed hazardous waste…

Haz Waste #

Haz Waste Hazard Code

K145 Residues from naphthalene collection and recovery operations from the recovery of coke by-products produced from coal

(T)

K147 Tar storage tank residues from coal tar refining (T)K148 Residues from coal tar distillation, including but not

limited to, still bottoms(T)

“The following materials are not solid wastes for the purpose of this part…”

40 CFR 261.4(a)(10)

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• And, any wastes from the coke by-products processes,

If…• Wastes are hazardous solely for the characteristic of Toxicity (40 CFR 261.24).

“The following materials are not solid wastes for the purpose of this part…”

40 CFR 261.4(a)(10)

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“The following materials are not solid wastes for the purpose of this part…”• Identified wastes must be recycled after generation:• To coke ovens.• To the tar recovery process as a feedstock to produce coal tar.

• Mixed with coal tar prior to the tar's sale or refining.

40 CFR 261.4(a)(10)

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“The following materials are not solid wastes for the purpose of this part…”

• There can be no land disposal of the wastes.

40 CFR 261.4(a)(10)

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More to Consider (1)…

• ‘(T)’ in the Hazard Code column for listed hazardous waste indicates the waste is listed due to the characteristic of Toxicity.

• The wastes identified by this exclusion are all found in the Coking Industry Category of the K-Listed hazardous waste.

• Approved units for management of waste are not specified. However, must prevent release to environment (RO11705).

40 CFR 261.4(a)(10)

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More to Consider (2)…

• Exclusion does not apply to coal gasifier unit (RO14507).

• Check with your State as it may not recognize this Federal exclusion.

40 CFR 261.4(a)(10)

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40 CFR 261.4(a)(10) Verbatim (1.0):

(a) Materials which are not solid wastes. The following materials are not solid wastes for the purpose of this part:

…

(10) EPA Hazardous Waste Nos. K060, K087, K141, K142, K143, K144, K145, K147, and K148, and any wastes from the coke by-products processes that are hazardous only because they exhibit the Toxicity Characteristic (TC) specified in section 261.24 of this part when, subsequent to generation, these materials are recycled to coke ovens, to the tar recovery process as a feedstock to produce coal tar, or mixed with coal tar prior to the tar's sale or refining.

40 CFR 261.4(a)(10)

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40 CFR 261.4(a)(10) Verbatim (2.0):

(a) Materials which are not solid wastes. The following materials are not solid wastes for the purpose of this part:

…

(10) This exclusion is conditioned on there being no land disposal of the wastes from the point they are generated to the point they are recycled to coke ovens or tar recovery or refining processes, or mixed with coal tar.

40 CFR 261.4(a)(10)

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Got Questions About RCRA or HazMat Transportation?

I provide:

Annual RCRA Training for Hazardous Waste Personnel

and

Triennial HazMat Employee Training

Seminar, Webinar, or Onsite

Daniels Training Services815.821.1550Info@DanielsTraining.comwww.DanielsTraining.com

40 CFR 261.4(a)(10)