Reclaimed Mineral Processing Wastes Are Not Solid Wastes and TCLP Is Not Appropriate for MGP Wastes

摘要

EPA finalized Part 2 of the Phase IV land disposal restrictions (LDR) rule on May 26, 1998 (63 FR 28556). Subsequently, several provisions of the rule were legally challenged and the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit) vacated two of the rule's provisions on April 21, 2000 (Association of Battery Recyclers, Inc. et al. v. EPA; Docket Number: 98-1368). EPA responded to the court's decision on March 13, 2002 (67 FR 11251-11254) by 1) deleting regulatory language that classified mineral processing characteristic sludges and by-products being reclaimed as solid wastes, and 2) codifying the decision that the toxicity characteristic leaching procedure (TCLP) is not appropriate for determining whether manufactured gas plant (MGP) waste is hazardous due to the toxic-ity characteristic (TC). The final rule, which became immediately effective March 13, 2002, affects 40 CFR Part 261. EPA also announced that the agency will propose re-visions to the RCRA regulations to further encourage the recycling and reuse of haz-ardous wastes.