40 CFR 261.4(a)(10) excludes Coke By-Product Wastes from regulation as a solid waste - and thus as a hazardous waste - if the requirements of the regulations are met. This presentation briefly summarizes the requirements of this RCRA exclusion from regulation.

1. 40 CFR 261.4(a)(10)
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EXCLUSIONS FROM
REGULATION AS SOLID
WASTE
One presentation in a series that briefly explains
the Federal exclusions from full regulation for
certain materials under the Resource
Conservation and Recovery Act (RCRA).
This presentation: 40 CFR 261.4(a)(10):
Coke By-Product Wastes

2. 40 CFR 261.4(a)(10)
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PRESENTED BY:
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A different kind of training.

3. 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.
Solid
Waste
Hazardous
Waste

4. 40 CFR 261.4(a)(10)
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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 byproducts 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. ”
2011 RCRA Orientation Manual

5. 40 CFR 261.4(a)(10)
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“The following materials are not solid
wastes for the purpose of this part…”
• Includes certain K-Listed hazardous waste...
Haz
Haz Waste
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)

6. 40 CFR 261.4(a)(10)
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“The following materials are not solid
wastes for the purpose of this part…”
• Includes certain K-Listed hazardous waste...
Haz
Waste #
K142
K143
K144
Haz Waste
Tar storage tank residues from the production of
coke from coal or from the recovery of coke byproducts produced from coal
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
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
Hazard
Code
(T)
(T)
(T)

7. 40 CFR 261.4(a)(10)
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“The following materials are not solid
wastes for the purpose of this part…”
• Includes certain K-Listed hazardous waste…
Haz
Waste #
K145
K147
K148
Haz Waste
Residues from naphthalene collection and
recovery operations from the recovery of coke byproducts produced from coal
Tar storage tank residues from coal tar refining
Residues from coal tar distillation, including but not
limited to, still bottoms
Hazard
Code
(T)
(T)
(T)

8. 40 CFR 261.4(a)(10)
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“The following materials are not solid
wastes for the purpose of this part…”
• And, any wastes from the coke by-products
processes,
If…
• Wastes are hazardous solely for the
characteristic of Toxicity (40 CFR 261.24).
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9. 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.

10. 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.
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11. 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 KListed hazardous waste.
• Approved units for management of waste are not
specified. However, must prevent release to
environment (RO11705).

12. 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.
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13. 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.

14. 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.

15. 40 CFR 261.4(a)(10)
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