NOTE TO:  The Record

SUBJECT:  Conversation with Michael Wright regarding LDR     
          Phase IV Rule

DATE:     April 4, 1997


Mr. Wright is with the United Steelworkers Union and called
me in response to concerns raised by Union members at
Horsehead Resources, Inc. According to Mr. Wright, they
raised concerns that EPA was about to finalize a regulation
that could potentially ban current uses of residues
generated at that facility, thereby threatening the 
viability of the facility and its employees' jobs. Mr.
Wright also indicated concern over whether EPA had taken
adequate steps to ensure public notice and comment on its
actions.

I told Mr. Wright that I assumed the action he had is mind
was part of our LDR Phase 4 final rule package, and was
intended to ban the use of hazardous waste as "fill". I
noted that the rule was in final review and was scheduled to 
be signed by April 15 as part of a court schedule. I also
noted s my impression that most, if not all, of Horsehead's
current uses of their treatment residuals were for 
situations (i.e. "encapsulated uses") not intended to be
addressed by this prohibition. I also noted that the 
Agency's proposal projected no adverse economic consequences
of this action, which in effect reinforces an existing
policy against sham recycling. Nevertheless, I also noted
that before the rule could be signed the Agency's procedures
would ensure that these issues are reviewed. 


Michael Shapiro