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EPA/SWER RIN: 2050-AE69 Publication ID: Spring 2002 
Title: Requirements for Zinc Fertilizer Made From Recycled Hazardous Secondary Materials 
Abstract: This rulemaking is intended to revise the current RCRA regulations that apply to recycling of hazardous wastes in the manufacture of zinc fertilizers. Specifically, it is intended to establish a more consistent application of these recycling requirements to zinc fertilizer products, to establish a set of standards for contaminants in RCRA-regulated zinc fertilizers that are more appropriate to fertilizers and are protective of human health and the environment, and to specify more appropriate, protective conditions for management of zinc-bearing hazardous secondary materials prior to recycling. These regulatory revisions are expected to directly affect companies that manufacture zinc fertilizers from hazardous secondary materials, and is likely to benefit such manufacturers that are small businesses by removing certain regulatory disincentives to legitimate recycling activities. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: 40 CFR 261    40 CFR 266    40 CFR 268    40 CFR 271   
Legal Authority: 42 USC 1006 et seq   
Legal Deadline:
Action Source Description Date
Final  Judicial  Settlement agreement.  07/15/2002 
NPRM  Judicial  Settlement agreement met deadline.  11/15/2000 

Statement of Need: This rulemaking responds to concerns expressed by industry, environmental groups and state agencies regarding the need to amend current RCRA regulations that apply to zinc fertilizers made from recycled hazardous wastes. The rule is expected to encourage legitimate recycling of zinc-bearing hazardous wastes, reduce costs, and establish more appropriate standards for these products.

Summary of the Legal Basis: This rulemaking is subject to a settlement agreement with the Sierra Club, The Washington Toxics Coalition, and the Environmental Technology Council. The agreement was signed on June 20, 2000.

Alternatives: A number of regulatory alternatives are being examined in the context of reaching final Agency decisions for the final rule.

Anticipated Costs and Benefits: The economic impact analysis prepared for the proposed rule estimated net cost savings to industry of several million dollars from the rule. The analysis is being refined based on comments received on the proposal and other information.

Risks: The rulemaking will result in lower levels of contaminants, such as lead and cadmium, in zinc fertilizers made from hazardous wastes, with corresponding reductions in potential risks.

Action Date FR Cite
Final Action  07/00/2002    
Additional Information: SAN No. 4208
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
Sectors Affected: 32531 Fertilizer Manufacturing; 32532 Pesticide and Other Agricultural Chemical Manufacturing; 331111 Iron and Steel Mills; 331419 Primary Smelting and Refining of Nonferrous Metal (except Copper and Aluminum); 331492 Secondary Smelting, Refining, and Alloying of Nonferrous Metal (except Copper and Aluminum); 562112 Hazardous Waste Collection 
Agency Contact:
David Fagan
Environmental Protection Agency
Solid Waste and Emergency Response
Washington, DC 20460
Phone:703 308-0603