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Owen Electric Steel Co. of South Carolina, Inc. v. Browner

37 F.3d 146 (1994)

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Owen Electric Steel Co. of South Carolina, Inc. v. Browner

United States Court of Appeals for the Fourth Circuit
37 F.3d 146 (1994)

  • Written by Liz Nakamura, JD

Facts

Owen Electric Steel Company of South Carolina, Inc. (Owen) (plaintiff) generated slag as a byproduct of steel production. Slag was generated when Owen added crushed limestone to the molten metal in the steel-production furnace to bind and remove nonferrous constituents. The slag was skimmed off and then stored in large, bare-ground holding bays for six months to cure, which allowed the slag to stabilize. After curing, the slag was sold to the construction industry, typically for use in road construction. Owen applied for a permit as an operator of a facility that treats, stores, or disposes of hazardous wastes (TSD facility) under the Resource Conservation and Recovery Act (RCRA). As part of issuing the permit, the Environmental Protection Agency (EPA) classified the slag processing area, where the slag sat for its six-month long cure, as a solid-waste management unit. Owen challenged the classification, arguing the slag was not discarded material because it was recycled for use in road construction and therefore could not qualify as solid waste. The EPA countered, arguing the slag was discarded because Owen left it exposed on the bare ground for six months to cure before reselling it.

Rule of Law

Issue

Holding and Reasoning (Russell, J.)

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