
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 
9441.1997(04) 

MAY 19 1997
The Honorable Mark W. NeumannUnited States House of RepresentativesWashington, D.C. 200515-4901
Dear Congressman Neumann:
Thank you for your letter of April 18, 1997 regarding your constituent John Cable'srequest for information on hazardous materials, and on rules for disposal of discarded concrete on land (your file number 100299-JR).In your letter, you state that Mr. Cable would like to place discarded street concrete onthe shores of Lake Michigan for shoreline protection. You also state that Mr. Cable has nowbeen instructed that this violates EPA regulations on hazardous materials. Absent any otherinformation, we assume his concern is about hazardous waste regulations.Federal hazardous waste regulations under the Resource Conservation and Recovery Act(RCRA) apply to wastes that are either listed as a hazardous waste or exhibit a characteristic ofhazardous waste (ignitability, reactivity, corrosivity or toxicity) (see 40 Code of FederalRegulations (CFR) Subpart B). Concrete has not been identified by the Environmental ProtectionAgency (EPA) as a listed hazardous waste. In addition, it is unlikely that common concretewould exhibit any of the four characteristics of hazardous waste. However, it is the responsibilityof the generator of any waste to make hazardous waste determinations either by testing thematerial or through knowledge of the wastestream (40 CFR _ 262.11).Under Section 3006 of RCRA (42 U.S.C. Section 6926) individual states can beauthorized to administer and enforce their own hazardous waste programs in lieu of the Federalprogram. Under Section 3009 of RCRA (42 U.S.C. Section 6929) states retain authority topromulgate regulatory requirements that are more stringent than Federal regulatory requirements.In addition, states may have their own rules regarding nonhazardous waste or debris.
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Therefore, Mr. Cable should contact his state environmental agency for information on staterequirements.For information on Wisconsin's hazardous waste rules, Mr. Cable should contact:Barbara Zellmer, Section ChiefHazardous Waste Management SectionWI Department of Natural ResourcesP.O. Box 7921 SW/3Madison, WI 53707-7921Phone: (608) 266-2111Fax: (608) 267-2768I hope this letter sufficiently responds to your constituent`s concerns regarding thedisposal of discarded concrete. If you need further information, do not hesitate to contactKristina Meson of my staff at (703) 308-4488. Again, thank you for your interest in this matter.Sincerely,Elizabeth A Cotsworth, Acting DirectorOffice of Solid Waste




Congress of the United StatesSubcommittees Agencies Va. HUD and IndependenceDistrict of ColumbiaCommittees on the Budget
House of RepresentativesWashington, DC 20515-1901April 18, 1997Ms. Lynne RossDirectorCongressional Liaison DivisionEnvironmental Protection AgencyWest Tower, Rm. 835, A-103Washington, D.C. 20460Dear Ms. Ross:I was recently contacted by a constituent, Mr.John Cable of Kenosha, Wisconsin, regarding his requestfor information on hazardous materials.As I understand it, Mr. Cable would likeinformation on an Environmental Protection Agency (EPA)rule that classifies concrete as a hazardous material.In the past, he would place discarded street concreteon the shores of Lake Michigan for shorelineprotection, but he has now been instructed that thisviolates EPA regulations on hazardous materials.I would appreciate it if you would provide me withany background information you have on this subject.Please address a response to my Washington office, andreference my file number 100299-JR. If you have anyquestions about this request, John Richardson can becontacted at (202) 225-3031.Again, thank you for your assistance in thismatter.Sincerely,Mark W. Neumann


