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Show details for Air Emissions (RCRA)Air Emissions (RCRA)
Show details for BatteriesBatteries
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01/13/2012Hazardous Waste Treatment, Storage, and Disposal Facilities (TSDF) Regulations: A User-Friendly Reference Document for RCRA Subtitle C Permit Writers and PermitteesPublication
 Description: This document was developed to facilitate stakeholders' understanding of RCRA's permitting requirements. The tool gathers in one place publicly available permitting resources so that communities, permit writers, states and tribes can easily access them. These resources include permit appeals, proposed and final Federal Register Notices for Parts 264, 265, 266, 268, 270 and 124, flow charts of the permitting process, training modules, example permits, and links to the actual regulations.
 
03/05/2010PREPAREDNESS AND PREVENTION REQUIREMENTS FOR RCRA TSDFS (RESPONSE TO CHEMICAL SAFETY BOARD RECOMMENDATION 2007-01-I-NC)Memo
 Description: EPA recommends that TSDF permits explicitly require that owners and operators provide up-to-date written information, such as that in the facility contingency plan, to State Emergency Response Commissions (SERCs), Local Emergency Planning Committees (LEPCs), local fire departments, and other state and local emergency response authorities, as appropriate. This guidance recommends also that owners of RCRA TSDFs that already have permits, and those that are operating under interim status, follow this practice as well. This practice will ensure that state and local authorities and first responders have sufficient information for emergency preparedness, prevention, and response at RCRA hazardous waste TSDFs.
 
05/14/2007HAZARDOUS WASTE MANIFEST PROVISION FOR REJECTED SHIPMENTS AND RESIDUESMemo
 Description: When a designated facility needs to return rejected wastes or residues to the generator and prepare a new manifest, the designated facility should put its own information in Item 5 of the manifest since it originates the shipment of rejected waste, and provide the generator’s information in Item 8 (Designated Facility Name and Address).
 
01/29/2003UNIVERSE OF PROFESSIONALS WHO PROVIDE ENVIRONMENTAL CERTIFICATIONSMemo
 Description: Many RCRA regulations require an independent, registered professional engineer to certify the design and operation of certain units. EPA proposed to add the Certified Hazardous Materials Managers (CHMM) members to the group of professionals who are able to make certifications. EPA continues to consider whether other professionals should be allowed to provide certifications (SEE ALSO: 67 FR 2517; 1/17/02).
 
12/04/2002UNIVERSE OF PROFESSIONALS WHO PROVIDE ENVIRONMENTAL CERTIFICATIONSMemo
 Description: Many RCRA regulations require an independent, registered professional engineer to certify the design and operation of certain units. EPA proposed to add the Certified Hazardous Materials Managers (CHMM) members to the group of professionals who are able to make certifications. EPA continues to consider whether other professionals should be allowed to provide certifications (SEE ALSO: 67 FR 2517; 1/17/02).
 
09/01/2002Enhancing Facility-Community Relations: Strengthening the Bridge Between Hazardous Waste Facilities and Their NeighborsPublication
 Description: This document is a publication on hazardous waste management facility locations as they relate to social and environmental issues. With more than 2,260 hazardous waste facilities in the U.S., developing and maintaining good community relations is vital. It is important for facilities to maintain continuous, strong relationships with neighboring communities throughout their operation and after closure. Although not all communities are affected by federal hazardous waste regulations, for those that are, their concerns need to be addressed early, collaboratively, and compassionately.
 
07/12/2002UNIVERSE OF PROFESSIONALS WHO PROVIDE ENVIRONMENTAL CERTIFICATIONSMemo
 Description: Many RCRA regulations require an independent, registered professional engineer to certify the design and operation of certain units. EPA proposed to add the Certified Hazardous Materials Managers (CHMM) members to the group of professionals who are able to make certifications. EPA continues to consider whether other professionals should be allowed to provide certifications (SEE ALSO: 67 FR 2517; 1/17/02).
 
01/01/2002Environmental Fact Sheet: Rule Proposed To Reduce Hazardous Waste Record Keeping RequirementsPublication
 Description: In compliance with the goals of the Paperwork Reduction Act, the Environmental Protection Agency (EPA) is trying to reduce regulatory burdens associated with the hazardous waste management regulations.
 
10/30/2001ENVIRONMENTALLY AND ECOLOGICALLY SENSITIVE AREAS Memo
 Description: EPA provides, as a public service, information on the Internet regarding environmentally sensitive areas, test methods for solid wastes, and information about air and water. The document Sensitive Environments and the Siting of Hazardous Waste Management Facilities, May 1997 discusses sensitive types of environments that pose special challenges to the siting, expansion, and operation of hazardous waste management facilities. The Office of Solid Waste (OSW) web page provides links to a variety of methods-related information.
 
06/01/2001The National Biennial RCRA Hazardous Waste Report (Based on 1999 Data) - List of Treatment, Storage and Disposal FacilitiesPublication
 Description: The List of Treatment, Storage, and Disposal Facilities identifies every hazardous waste manager in the United States that reported itself to be a treatment, storage, or disposal facility in 1999.
 
08/04/2000GUIDANCE ON WASTEWATER TREATMENTMemo
 Description: EPA has not formally defined “wastewater” in context of wastewater treatment unit (WWTU) exclusion (SEE ALSO: RPC# 7/31/81-01). Tanks in which sludge is heated (i.e., sludge dewatering) could be part of exempt WWTU. Oil recycling unit could be exempt under 261.6(c). There is no minimum percentage of oil that wastewater must contain for legitimate recycling (SEE ALSO: RPC# 4/26/89-02).
 
05/26/2000KODAK CLAIM FOR MANUFACTURING PROCESS UNIT EXEMPTION TO THE RCRA SUBPART BB AIR EMISSIONS REQUIREMENTSMemo
 Description: Piping system leading from reactor unit that at times carries hazardous waste is not part of exempt manufacturing process unit. Piping system that carries hazardous waste with more than 10 percent organics for more than 300 hours per year is subject to Subpart BB (SEE ALSO: RPC# 12/19/86-01; 45 FR 72025; 10/30/80).
 
05/01/2000CONTENTS OF CLOSURE PLANQuestion & Answer
 Description: When estimating the maximum inventory of wastes on site during the active life of the facility for closure plan, TSDFs must include wastes that are treated or accumulated in 90-day generator units as well as permitted units.
 
10/01/1999MANIFESTING HAZARDOUS WASTE SHIPMENTS BETWEEN TREATMENT, STORAGE, AND DISPOSAL FACILITIESQuestion & Answer
 Description: Owner and operator of TSDF that sends waste off site for continued treatment must prepare new manifest. Receiving TSDF which will conduct further treatment must send signed copy of manifest to original TSDF.
 
09/01/1999The National Biennial RCRA Hazardous Waste Report: List of Treatment, Storage, and Disposal Facilities (Based on 1997 Data)Publication
 Description: The List of Treatment, Storage and Disposal (TSD) Facilities identifies every hazardous waste manager in the United States that reported itself to be a TSD facility in 1997. Includes a copy of the Executive Summary (530-S-99-036).
 
03/16/1998RISK-BASED CLEAN CLOSUREMemo
 Description: Provides guidance on risk-based clean closure. RCRA regulated units may be clean closed to protective risk-based media cleanup levels. EPA interprets the "remove or decontaminate" clean closure standard to mean that all hazardous waste and liners must be completely removed, but that some limited amount of hazardous constituents may remain on environmental media provided risk-based cleanup levels are met (SEE ALSO: 52 FR 8704; 3/19/87). The use of fate and transport models is appropriate for modeling the potential for residual contamination to migrate from one medium to another. Cleanup levels for environmental media may take into account non-residential exposure assumptions and future land use, provided that those assumptions are clearly stated and that any land use restrictions are maintained.
 
03/12/1998REQUIRED NOTICES FOR FACILITIES RECEIVING WASTESMemo
 Description: 264.12(b) requires that owner/operator must inform generator in writing that he has appropriate permit(s) for, and will accept, waste the generator is shipping. Regulations do not specify how written notice is to be delivered to generator. A situation in which an agent/broker receives the notice and then delivers it to the generator meets the intent of 264.12(b).
 
02/01/1998CERTIFICATION OF TANK CLOSURE DURING PARTIAL CLOSUREQuestion & Answer
 Description: Owners and operators are not required to certify partial closure of tanks until all hazardous waste management units are closed and final closure is certified for the entire facility. Owners and operators are still required to remove or decontaminate in accordance with their approved closure plan.
 
09/01/1997CONTAINMENT BUILDINGS AS SECONDARY CONTAINMENTQuestion & Answer
 Description: Containment buildings may serve as secondary containment for LQG accumulation tanks if the building itself acts as a liner and meets the secondary containment provisions of Sections 264/265.193. Containment buildings need not meet the provisions of Parts 264/265, Subpart DD to be used as secondary containment for tanks.
 
08/01/1997WASTE ANALYSIS INFORMATION FOR PURPOSES OF SUBPART CC COMPLIANCEQuestion & Answer
 Description: Subpart CC does not require that waste analysis information accompany every shipment of hazardous waste. If waste analysis information received from the generator is representative of subsequent shipments, the TSDF can rely on the original analysis, but must update the analysis at least once every twelve months. It is the responsibility of the person with custody of the waste to obtain valid analysis information to make compliance determinations.
 
06/10/1997INTERPRETATION OF THE ANNUAL TRAINING REQUIREMENTSMemo
 Description: TSDFs and large quantity generators must comply with personnel training requirements. Facility personnel must take part in an annual review of their initial training. The Agency expects companies to attempt to provide training so that personnel are trained every year. Training programs that allow as much as 15 months to pass between training courses, would ensure that employees, over the course of four years for example, would receive four annual training reviews and that would meet the training requirements.
 
04/04/1997CONCRETE LINERS AS SECONDARY CONTAINMENT STRUCTURES IN HAZARDOUS WASTE TANK SYSTEMSMemo
 Description: Owners and operators of hazardous waste tank systems using concrete structures as secondary containment must address settling, cracking, permeability, and detectability of cracks or leaks. EPA feels that concrete structures that are properly designed, installed, and maintained are acceptable secondary containment structures. Whether a concrete liner made from silica fume lightweight aggregate (SFLWA) is acceptable is up to the implementing agency.
 
03/10/1997APPLICABILITY OF THE DOMESTIC SEWAGE EXCLUSIONMemo
 Description: The domestic sewage exclusion extends to both listed and characteristic wastes which pass through sewer system to a publicly owned treatment works (POTW). Sewage is subject to CWA, and exempt from RCRA. Waste removed or leaked from a sewer line does not meet the conditions of the exemption. Releases from a sewage lines could be solid waste management units (SWMUs) or areas of contamination (AOCs). The definition of facility for corrective action is dependent on site-specific factors. Releases from SWMUs at permitted facilities are addressed under Sections 3004(u) or 3004(v) authority. Non-SWMU related releases, both within and beyond the facility boundary, are addressed under Section 3005(c)(3) omnibus permitting authority; releases at interim status facilities addressed under Section 3008(h) interim status corrective action orders. Domestic sewage is defined as untreated sanitary wastes that passes through a sewer system.
 
03/05/1997APPROVALS FOR CONTINUATION OF RCRA HAZARDOUS WASTE REPORTING AND RECORDKEEPINGMemo
 Description: Discusses the list of information collection activities recently approved for continuation by the Office of Management and Budget (OMB) (e.g., 8700-22 manifest, 8700-12 notification form, 8700-13A and 8700-13B Biennial Report, 8700-23 Part A permit application). The manifest renewal expires September 30, 1999. The old manifest can be used if the old expiration date is crossed out and the form contains OMB control number 2050-0039. Changes to DOT materials shipping papers affect the manifest. Memo includes approval and expiration dates for each form as well as the extent of the revisions, and discussion of information collection activities which do not require form (e.g., Part B permit application, general hazardous waste facility standards, waste specific unit requirements and special waste processes and types).
 
03/01/1997GROUNDWATER MONITORING: APPENDIX IX SAMPLING AND OFF-SITE RELEASESQuestion & Answer
 Description: During groundwater monitoring, statistically significant evidence of a release of hazardous waste constituents from regulated units requires the owner or operator to immediately sample groundwater for Part 264, Appendix IX constituents. The owner or operator may demonstrate that the source of the release was off site, but must still sample for Appendix IX constituents if statistical method in permit validates evidence of release. A single failure of test does not necessarily constitute evidence. Owners or operators who wish to avoid sampling requirement for off-site releases may specify a statistical detection method which can indicate that release did not originate from the facility regulated units.
 
02/27/1997OBSOLETE LANGUAGE IN THE FINANCIAL TEST FOR SUBTITLE C TREATMENT STORAGE AND DISPOSAL FACILITIESMemo
 Description: The use of financial test or corporate guarantee for financial assurance requires the owner or operator’s chief financial officer (CFO) to submit a copy of a special report from a certified public accountant (CPA). Section 264.143(f)(3)(iii)(B) requires CPA negative assurance, which is now inconsistent with current professional auditing standards. In addition to, or in lieu of negative assurance, EPA will accept American Institute of Certified Public Accountant’s agreed-upon procedures engagement. The CFO can adjust for post-retirement benefits other than pensions, and defer recognition of these benefits as liabilities (SEE ALSO: 59 FR 51527; 10/12/94).
 
02/26/1997RCRA GROUNDWATER MONITORING REGULATIONSMemo
 Description: Part 261, Appendix VIII, lists chemicals shown in reputable scientific studies to have toxic, carcinogenic, mutagenic, or teratogenic effects on humans or other life forms. Part 264, Appendix IX, is made up of those compounds on Part 261, Appendix VIII ,for which it is feasible to analyze in groundwater, plus 17 chemicals routinely monitored for under Superfund. The groundwater protection standard (GWPS) is generally limited to Appendix VIII constituents. Appendix IX constituents not in Appendix VIII can be included in a facility’s GWPS by the omnibus authority of RCRA 3005(c)(3) if the Regional Administrator determines they pose a threat to human health or the environment. Removing an Appendix IX constituent from a facility’s GWPS requires a permit modification. Appendix IX constituents not in Appendix VIII are eligible for a variance or an alternate concentration limit (ACL).
 
02/01/1997DELAY OF CLOSUREQuestion & Answer
 Description: Owners and operators of hazardous waste surface impoundments, landfills, and land treatment units can delay the closure timetable beyond the 90-day period and allow the units to accept nonhazardous waste, if the units meet the conditions of Sections 264.113(d)/265.113(d). Owners or operators of tanks, containers, waste piles, and incinerators are not allowed to delay closure. These units must comply with all applicable closure standards before being able to accept nonhazardous waste.
 
01/17/1997USE OF THE CORRECTIVE ACTION ADVANCE NOTICE OF PROPOSED RULEMAKING AS GUIDANCEMemo
 Description: Discusses the history of the RCRA corrective action program (Sections 3004(u)), 3004(v), 3008(h), and 3005(c)(3) omnibus permitting authority). Subpart S Advanced Notice of Proposed Rulemaking (ANPR), published May 1, 1996 (61 FR 19432), introduces a strategy for improving corrective action through the Subpart S initiative, identifies principles and goals of programs, requests information to assist program improvements, gives program status report, and highlights flexibility of the current program. Although the ANPR is not regulation, EPA expects that it will be used as guidance.
 
12/05/1996IMPLEMENTATION OF RCRA SUBPART CC STANDARDSMemo
 Description: The Subpart CC implementation schedule applies to facilities needing extra time to modify their processes to meet exemptions. All CC final rule provisions become effective no earlier than December 6, 1996. No waste determination is required for waste placed in units meeting Subpart CC standards. Surface impoundments used for biological treatment are exempt from Subpart CC.
 
12/01/1996ANNUAL PAYMENTS INTO A STANDBY TRUST FUND WHEN USING A LETTER OF CREDITQuestion & Answer
 Description: The owner or operator is not required to make annual payments to a standby trust fund when using a letter of credit for financial assurance. A standby trust fund facilitates drawing on the letter of credit and may not be used as a stand alone financial assurance mechanism.
 
12/01/1996TANGIBLE NET WORTH REQUIREMENTS FOR RCRA SUBTITLE C FINANCIAL ASSURANCEQuestion & Answer
 Description: Owners or operators using the financial test must possess a minimum tangible net worth of $10 million. When six times the amount of liability coverage, as required by the financial test, is more than $10 million, six times multiple is the minimum tangible net worth for the financial test.
 
11/27/1996PERMITTING AND LAND DISPOSAL REQUIREMENTS FOR MANAGEMENT OF CONTAMINATED SOIL WHICH IS HAZARDOUS OR CONTAINS HAZARDOUS WASTEMemo
 Description: Non-exempt remediation activities involving treatment of hazardous waste or media are subject to RCRA permitting even if the cleanup is under state requirements other than RCRA or CERCLA. States with permit waiver authority may waive the permit requirements for cleanups if the waiver is not used in a manner less stringent than that allowed under federal authority. If the state remediation standards are less stringent, waste must meet the LDR treatment standards before placement. The use of a corrective action management unit (CAMU) or area of contamination (AOC) concept will not trigger LDR requirements.
 
11/12/1996USE OF AUTOMATED INFORMATION TECHNOLOGIES IN THE HAZARDOUS WASTE MANIFEST SYSTEMMemo
 Description: An electronic record system may comply with current requirements for the use and retention of the manifest. The system should include manifest image files with original handwritten signatures, controls to ensure record accuracy, integrity and security, and retrieval features that allow for reasonable access during inspections. The company must verify that their automated system complies with applicable state manifest retention regulations.
 
11/01/1996FINANCIAL STATEMENT REQUIREMENT FOR THE RCRA SUBTITLE C FINANCIAL TESTQuestion & Answer
 Description: Financial statements from the latest completed fiscal year must be used to satisfy the financial test mechanism. Estimates of financial statements may not substitute for full statements.
 
10/30/1996CLARIFICATION ON THE USE OF A PASSIVE MULTI-LEVEL GROUNDWATER SAMPLING DEVICEMemo
 Description: Agency guidance on groundwater monitoring describes three main categories of groundwater sampling devices: grab, positive displacement pumps, and suction lift pumps. EPA may approve the use of other devices if the owner/operator demonstrates that the device will yield representative groundwater samples. EPA concludes that the use of a passive multi-level sampling device (DMLS) can produce representative samples.
 
10/01/1996RESAMPLING AND GROUNDWATER MONITORING NOTIFICATION REQUIREMENTSQuestion & Answer
 Description: An owner or operator resampling groundwater after finding a statistically significant increase must submit any required permit modification within 90 days of resampling. No permit modification is required if resampling shows no release. Permit groundwater monitoring requirements in permits often require resampling and retesting procedures, results of statistical test are not interpreted until resampling or retesting is completed.
 
09/24/1996COORDINATION BETWEEN RCRA CORRECTIVE ACTION AND CLOSURE AND CERCLA SITE ACTIVITIESMemo
 Description: Addresses coordination among RCRA corrective action, closure, and CERCLA cleanups, including deferral between the programs and state/tribal CERCLA-like activities with RCRA. Coordination is required when full deferral is not possible. Cleanups under RCRA or CERCLA will generally satisfy both programs. To avoid inconsistency between cleanup levels and clean closure levels, EPA encourages the use of risk-based levels for clean closure. It is possible that a unit cleaned up under CERCLA could meet the RCRA clean closure standard (RCRA/CERCLA Parity Policy) (SEE ALSO: 61 FR 18779; 4/29/96).
 
09/23/1996APPLICABILITY OF RCRA REGULATIONS TO CHEMICAL FLOCCULATION UNITS WHEN USED TO TREAT WASH WATER FROM AIRCRAFT ENGINESMemo
 Description: A chemical flocculation unit treating cadmium contaminated wash water requires a hazardous waste treatment permit, unless the unit meets an exemption. If the unit is a tank meeting the definition of a wastewater treatment unit (WWTU), or a tank or container regulated as a generator accumulation unit, the unit is exempt from permitting. Treatment sludge generated in the unit must be managed as a hazardous waste if it exhibits a characteristic. Land disposal restrictions (LDR) apply to the treatment sludge and the original wash water.
 
07/01/1996REGULATION OF LEACHATE COLLECTION SUMPSQuestion & Answer
 Description: Although a sump meets the definition of a tank, a leachate collection sump at a landfill is not subject to Subpart J tank standards because it is an integral part of the landfill liner system.
 
06/17/1996RCRA HAZARDOUS WASTE IMPORT REQUIREMENTSMemo
 Description: Parties to the Basel convention cannot trade in hazardous wastes with non-parties in the absence of a bilateral agreement. Singapore is a Basel party while the U.S. is not, nor do these countries have an import/export agreement. EPA regulations do not prohibit imports of hazardous waste. Imported waste is regulated in the same manner as hazardous waste generated in the U.S.. Facilities receiving waste from a foreign source must notify EPA in writing at least four weeks prior to receiving the first shipment of waste.
 
06/10/1996HOW TREATING FILTRATION MEDIA COMPARABLE TO ACTIVATED CARBON WOULD BE PERMITTED UNDER RCRAMemo
 Description: A unit regenerating hazardous waste (HW) other than spent activated carbon (e.g., activated alumina) can be a carbon regeneration unit (CRU) if it is used primarily to regenerate spent carbon, and other regeneration activities are similar. Regeneration means restoring HW material to its original use. A CRU regulated as a thermal treatment unit is subject to Part 264, Subpart X, and Part 265, Subpart P, not incinerator standards.
 
06/01/1996DELAY OF CLOSURE FOR NON-RETROFITTED HAZARDOUS WASTE SURFACE IMPOUNDMENTS CONTINUING TO RECEIVE NON-HAZARDOUS WASTEQuestion & Answer
 Description: A surface impoundment newly subject to regulation may cease receiving hazardous waste before the four-year mandatory retrofitting deadline and thus avoid minimum technological requirements (MTR). An owner may continue receiving nonhazardous waste indefinitely without closing. The owner of a surface impoundment that ceases receiving hazardous waste does not have to begin closure activities until 90 days after the final receipt of nonhazardous waste. An impoundment not in compliance with Section 265.113(e) must begin closure within 90 days after the 4-year retrofitting period (Section 3005(j)).
 
06/01/1996HAZARDOUS WASTE LIQUID-CONTAINING PUMPS AND THE LIQUIDS IN LANDFILLS PROHIBITIONQuestion & Answer
 Description: Owners and operators have three options for disposing of containerized liquids in landfills: remove liquid, add sorbent or solidify, or eliminate by other means. There is no requirement to dismantle pumps containing free liquids prior to disposal in a landfill under the liquid in landfill prohibition. There is no requirement to remove or sorb free liquids in containers such as pumps holding liquids for use other than storage.
 
05/23/1996EPA'S IMPLEMENTATION OF THE HAZARDOUS WASTE MINIMIZATION AND COMBUSTION STRATEGYMemo
 Description: EPA can require combustion facilities to perform indirect exposure risk assessments under the omnibus authority (Section 3005(c)(3)). EPA does not require the use of a particular risk assessment model. In order to invoke the omnibus authority, EPA must show that additional requirements are necessary to protect human health and the environment. Discusses the scope and limitations of the omnibus provision. The Combustion Strategy does not impose regulatory requirements and is not subject to notice and comment. Discusses EPA rationale for targeting hazardous waste combustors under the Combustion Strategy. Facilities can challenge requests to perform a risk assessment (SEE ALSO: 61 FR 17358, 17371; 4/19/96).
 
05/10/1996APPLICABILITY OF OMNIBUS AUTHORITY AND SITE SPECIFIC RISK ASSESSMENTS TO WASTE MINIMIZATION AND COMBUSTION STRATEGYMemo
 Description: The use of the omnibus authority (Section 3005(c)(3)) in implementing the Combustion Strategy is consistent with the original intent of statute and regulations. The strategy does not impose regulatory requirements, but is a statement of policy. EPA requires a site-specific risk assessment at hazardous waste combustion facilities prior to permit determination under omnibus authority because combustion regulations do not fully account for indirect exposure pathways (SEE ALSO: 61 FR 17358, 17371; 4/19/96).
 
05/01/1996INTERPRETATION OF GENERATOR REQUIREMENTS AS APPLIED TO VARIOUS ON-SITE AND OFF-SITE SCENARIOSMemo
 Description: Provides a clarification of the terms on-site, facility, installation, and individual generation site. Contiguous properties owned by different persons require separate identification numbers. Manifests are required for all off-site shipments of waste, even if both properties belong to the same generator (SUPERSEDED: manifest exemption for shipments along the border of contiguous properties; 62 FR 6622; 2/12/97). No manifest is required to ship hazardous waste between two properties under the same ownership that are located at opposite corners of an intersection. Large quantity generator (LQG) and small quantity generator (SQG) waste must be sent to a designated facility. No final interpretation exists on whether conditionally exempt small quantity generator (CESQG) waste sent to an intermediate location for consolidation loses its exemption. Waste in transportation may be consolidated at transfer facilities. The emergency response exemption from permitting applies to immediate response only. Hazardous waste generated as the result of discharge may be accumulated for 90 days under Section 262.34.
 
05/01/1996RESOLUTION OF RCRA ISSUES RELATING TO THE WOOD PRESERVING INDUSTRYMemo
 Description: Drip pad sumps can satisfy the wastewater treatment unit (WWTU) exemption if they are part of the facility’s wastewater treatment system, even though the wood preserving regulations require sumps to meet Subpart J tank standards. If a wood preserving facility qualifies as a conditionally exempt small quantity generator (CESQG), it is conditionally exempt from Parts 264/265, Subparts W and J requirements.
 
05/01/1996SURFACE IMPOUNDMENT RETROFITTING REQUIREMENTSQuestion & Answer
 Description: HSWA added requirements for minimum technological requirements (MTR) (Section 3004(o)), including double liners, leachate collection and removal systems, and groundwater monitoring for surface impoundments. Interim status surface impoundments in existence on November 8, 1984, had to retrofit to meet standards or close within four years. Existing impoundments newly subject to RCRA must retrofit or close in 4 years (Section 3005(j)). HSWA provided some variances for these retrofitting requirements.
 
04/10/1996MAXIMUM ACHIEVALBE CONTROL TECHNOLOGY (MACT) RULEMAKING FOR HAZARDOUS WASTE COMBUSTORSMemo
 Description: Improperly designed hazardous waste incinerators and cement and light weight aggregate kilns (BIFs) can pose a hazard. EPA signed the proposed MACT rule on March 20, 1996, (61 FR 17358; 4/19/96) to establish tough dioxin, mercury, and lead emission standards (SEE ALSO: 64 FR 52828; 9/30/99). The Agency will continue to use the omnibus permitting authority (270.32(b)(2) and 3005(c)(3)) to ensure protection on a site-specific basis. The Agency remains committed to developing tailored regulations in conjunction with the existing authorities for Bevill exempt cement kiln dust (CKD). Addresses the risks from CKD management identified in the CKD regulatory determination (60 FR 7366; 2/7/95). The decision affects all CKD, regardless of the fuel burned. The CKD program will be risk-based, flexible, and tailored to site-specific conditions.
 
03/29/1996SITE-SPECIFIC RISK ASSESSMENTS UNDER THE HAZARDOUS WASTE COMBUSTION STRATEGYMemo
 Description: The April 1994 draft "Exposure Assessment Guidance for RCRA Hazardous Waste Combustion Facilities" is applicable guidance for site-specific risk assessments (somewhat dated). EPA encourages using the most up-to-date technical information available and other relevant guidance. EPA encourages the use of actual field data when assessing exposures for evaluating modeling results.
 
03/25/1996SCOPE AND APPLICABILITY OF THE AREA OF CONTAMINATION (AOC)Memo
 Description: The letter from Lowrance to Green (RPC# 6/11/92-01) reflects the current agency area of contamination (AOC) policy. Movement of media within an AOC does not trigger RCRA, including land disposal restrictions (LDR). The AOC concept can be applied in a remediation action that is not overseen by a government agency. An AOC does not shield a facility from state or federal cleanup requirements.
 
03/15/1996EPA RESPONSES TO CONCERNS RAISED ON THE MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) STANDARDS FOR CEMENT KILNSMemo
 Description: Discusses the Agency response to a Congressman on the approach to combustion emissions regulation, why the Agency is pursuing MACT, and the risk justification for MACT. Addresses whether cement kilns and incinerators are grouped in developing MACT and whether the Agency distinguishes between wet and dry kilns under MACT. Discusses why the Agency established feed rate limits for kilns under MACT (SEE ALSO: 64 FR 52828; 9/30/99), and why the Agency is requiring a site-specifc risk assessment at cement kilns using the omnibus permitting authority (RCRA 3005(c)(3)).
 
03/13/1996USE OF THE AREA OF CONTAMINATION (AOC) CONCEPT DURING RCRA CLEANUPSMemo
 Description: Addresses the use of the area of contamination (AOC) concept during RCRA cleanups, and the relationship of an AOC to a corrective action management unit (CAMU). An AOC refers to a discrete area of generally dispersed contamination. Discusses the regulatory status of the CAMU rule in relation to the Hazardous Waste Identification Rule (HWIR)-Media and litigation (SEE ALSO: 63 FR 65873; 11/30/98). Also discusses the definition of placement.
 
03/08/1996NEW INFLATION FACTORS FOR UPDATING FINANCIAL RESPONSIBILITY COST ESTIMATESMemo
 Description: Closure and post-closure cost estimates may be updated by using an inflation factor derived from dividing the latest GDP Implicit Price Deflator (IPD) by the deflator for the previous year. The GDP IPD has largely supplanted the GNP IPD referenced in the regulations. In January 1996, the Commerce Department published a new series of IPDs with a new base year of 1992. Cost estimates should use the new IPD values based on the new 1992 base year (NOTE: 1994 and 1995 IPD figures in this memo are incorrect).
 
03/07/1996FEDERAL POLICY ON SEVERAL ISSUES RELATED TO THE USE OF THE HAZARDOUS WASTE MANIFEST BY HAZARDOUS WASTE TRANSPORTERSMemo
 Description: The transporter block on the manifest is used to identify companies that transport waste. Transfer facilities do not need to be identified on the manifest unless the owner of the transfer facility takes custody of the waste as a new transporter. Brokers, transporters, or TSDFs may be an importer and therefore subject to generator requirements. One party should assume the generator responsibilities. Discusses the procedures for handling rejected shipments of hazardous waste exported to Canada.
 
03/01/1996REMOVAL OF HAZARDOUS WASTE MANAGEMENT UNIT FOR SUBPART CC COMPLIANCEQuestion & Answer
 Description: Removing a unit from service by the June 6, 1996, effective date is an acceptable means of compliance with the Subpart CC standards. When controls cannot be installed by the effective date, the owner must prepare an implementation schedule and explanation. An implementation schedule is not an extension to the effective date. (SUPERSEDED: effective date now 12/6/96; see 61 FR 59932; 11/25/96)
 
02/26/1996APPLICABILITY OF THE OMNIBUS AUTHORITY AND SITE SPECIFIC RISK ASSESSMENTS TO WASTE MINIMIZATION AND COMBUSTION STRATEGYMemo
 Description: The use of omnibus authority (Section 3005(c)(3)) in implementing the Combustion Strategy is consistent with the original intent of the statute and regulations. The strategy does not impose regulatory requirements, but is statement of policy. Under the omnibus authority, EPA requires a site-specific risk assessment at hazardous waste combustion facilities prior to permit determination because combustion regulations do not fully account for indirect exposure pathways (SEE ALSO: 61 FR 17358, 17371; 4/19/96).
 
02/20/1996CLARIFICATION OF RCRA CORRECTIVE ACTION PROGRAM WITH REGARD TO TSD UNITSMemo
 Description: RCRA regulated units (surface impoundments, waste piles, land treatment units, and landfills) are solid waste management units (SWMUs). SWMUs are subject to RCRA corrective action authority (i.e., Sections 3004(u) or 3008(h)). Discusses integrated implementation of corrective action for releases to groundwater and other media from regulated units (SEE ALSO: Section 264.90(f) and 63 FR 56710; 10/22/98)). Dual authority is required when conducting cleanup at a regulated unit in a state authorized for RCRA groundwater requirements but not for corrective action. Changes necessary to comply with a corrective action order are exempt from the reconstruction limit. Closure need not be delayed to perform corrective action. EPA encourages coordination between closure and corrective action activities.
 
02/08/1996APPLICABILITY OF LAND DISPOSAL RESTRICTIONS TO WIPP-DESTINED TRANSURANIC MIXED WASTEMemo
 Description: Land disposal restrictions no migration demonstration is not necessary for waste destined for disposal at the Waste Isolation Pilot Plant (WIPP). Compliance with AEA and WIPP Compliance Criteria adequately protects human health and the environment. Risks specific to hazardous waste during the operational phase of WIPP can be addressed through RCRA permit requirements. Miscellaneous unit standards require the prevention of releases that may cause adverse effects.
 
02/01/1996CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS TREATING IN ELEMENTARY NEUTRALIZATION UNITSQuestion & Answer
 Description: Conditionally exempt small quantity generators (CESQGs) may treat hazardous waste in elementary neutralization units (ENU) without meeting Sections 261.5(f)(3) and (g)(3) standards. ENUs are exempt from treatment, storage, disposal, and permitting standards.
 
02/01/1996FREQUENTLY ASKED QUESTIONS ON THE 40 CFR PART 264/265, SUBPART CC AIR EMISSION STANDARDSQuestion & Answer
 Description: Large quantity generators (LQGs) are subject to Part 265, Subparts AA, BB, and CC. Subpart CC does not apply to satellite accumulation areas. Subpart CC does not require the use of a specific type of equipment or add-on control device.
 
01/01/1996CONVERSION OF PERMITTED OR INTERIM STATUS UNITS TO GENERATOR ACCUMULATION UNITSQuestion & Answer
 Description: Permitted or interim status units converted to generator accumulation units may delay closure until the final receipt of hazardous waste. The owner or operator must maintain financial assurance until final closure is completed.
 
01/01/1996CORRECTIVE ACTION BEYOND INTERIM STATUS FACILITY BOUNDARYQuestion & Answer
 Description: EPA can use Section 3008(h) or Section 7003 corrective action orders for releases that migrate beyond interim status facility boundary. Section 3008(h) applies to facilities which have interim status (IS), had IS, or should have had IS. Section 3008(h) authority is at least as broad as Section 3004(u) and Section 3004(v) authority.
 
11/30/1995SITE-SPECIFIC RISK ASSESSMENTS AT COMBUSTION FACILITIES THAT ARE REGULATED UNDER RCRAMemo
 Description: As part of the Combustion Strategy, EPA has a policy of strongly recommending site-specific risk assessments for all permits under the Section 3005(c)(3) omnibus provision (when necessary). EPA recommends site-specific risk assessments for all combustors (incinerators, BIFs) (SEE ALSO: 61 FR 17358; 4/19/96).
 
10/18/1995CONCERN REGARDING EPA'S PLANS TO ""DISALLOW CONTINUED USE OF THE CORRECTIVE ACTION MANAGEMENT UNIT (CAMU) PROVISION""Memo
 Description: CAMUs should be used only if the area of contamination (AOC ) concept cannot be used. The AOC concept is independent of the CAMU rule (SEE ALSO: Hazardous Waste Identification Rule for Media (HWIR-Media), 63 FR 65873; 11/30/98).
 
10/01/1995LOCATION OF OPERATING RECORDS AT TREATMENT, STORAGE, AND DISPOSAL FACILITIESQuestion & Answer
 Description: The treatment, storage, and disposal facility (TSDF) operating record retention provisions do not require one central location for the operating record. Records that must be kept on-site do not have to be consolidated in one office. EPA recommends using one central location where possible.
 
09/14/1995CLARIFICATION OF CIRCUMSTANCES INITIATING EPA'S ""MANIFEST DISCREPANCY"" PROCEDURESMemo
 Description: The manifest discrepancy regulations do not apply to waste which loses the corrosivity characteristic during transit (transportation). The manifest discrepancy regulations are intended for situations where the quantity of waste is unaccounted for. The manifest is not a certification that shipped waste is indeed hazardous. A generator can apply knowledge conservatively, rather than incur the costs of testing each waste batch or stream.
 
07/26/1995ENVIRONMENTAL INDICATOR FACT SHEETMemo
 Description: Discusses RCRIS corrective action indicator event codes CA725 (human exposures controlled determination) and CA750 (groundwater releases controlled determination). Environmental Indicator event codes measure the environmental results of remediation activities. Addresses site-specific action levels, and owner/operator responsibility for actions of private citizens (SUPERSEDED: See RPC#2/5/99-01).
 
07/01/1995NPL DELETION/DEFERRAL POLICY AND RCRA SUBTITLE C CORRECTIVE ACTIONQuestion & Answer
 Description: The National Priorities List (NPL) deletion/deferral policy allows EPA to defer sites to RCRA corrective action authority at any point in the NPL process. EPA will defer listing a site on the NPL when other authorities are capable of providing the needed corrective action. The deferral is not automatic for sites eligible for cleanup under RCRA. EPA will not defer federal facilities to RCRA. Lists types of sites that EPA will not defer and the criteria sites must meet to be deleted from the NPL.
 
06/30/1995CLARIFICATION OF REGULATORY LANGUAGE WITH RESPECT TO PERMITTED HAZARDOUS WASTE CONTAINER STORAGE FACILITIESMemo
 Description: Bare concrete can serve as a container storage pad for secondary containment. No regulatory definition of sufficiently impervious is available. Bare concrete is insufficiently impervious for primary containment when in continuous contact with waste (e.g., in surface impoundments or waste piles). Secondary containment regulations are performance standards that allow for the use of materials other than concrete or asphalt.
 
06/08/1995GUIDANCE ON WHETHER GENERATORS MUST POST ""NO SMOKING"" SIGNS WHEN A FACILITY HAS A ""TOBACCO-FREE"" POLICYMemo
 Description: Discusses the EPA interpretation of enforceability of comments and notes in the regulations. Comments and notes are not legal requirements. Generators meeting the requirements of Section 262.34 need not comply with Section 265.17(a). Generators may be required to post a “no smoking” sign in accordance with Section 265.31. Treatment, storage, and disposal facilities (TSDFs) must, at a minimum, post “no smoking” signs wherever there is a hazard from ignitable or reactive waste, even if the facility has a tobacco-free environment.
 
06/01/1995RCRA WASTE MINIMIZATION REQUIREMENTSQuestion & Answer
 Description: Discusses waste minimization requirements for generators and treatment, storage, and disposal facilities (TSDFs). Large quantity generators (LQGs) and TSDFs are required to certify they have a program in place. LQGs are required to describe their waste minimization efforts in the biennial report (Sections 3002(a)(6), 3002(b), and 3005(h)) (SUPERSEDED: no longer required on biennial report, see 1997 Hazardous Waste Report Instructions). Small quantity generators (SQGs) must certify a good faith effort on the manifest.
 
03/08/1995REGULATORY STATUS OF SPENT FOUNDRY SAND UNDER RCRAMemo
 Description: Foundry sands normally become wastes when a sand mold is broken at a "shakeout table" and the sand is separated from metal castings. If the sand is destined for reclamation rather than direct reuse, the sand is a spent material and solid waste (SUPERSEDED: SEE RPC# 3/28/2001-01). Nonthermal reclamation of foundry sands (screening sand to remove metal residuals) is an exempt recycling process. Thermal reclamation using a controlled flame to destroy organics in the sand is incineration subject to Subpart O. Spent foundry sand destined for direct reuse as a fluxing agent in primary copper smelting is not a solid waste. Treating hazardous spent foundry sands with iron to stabilize metal contaminants could constitute impermissible dilution (SEE ALSO: 60 FR 11702, 11731; 3/2/95). Most spent foundry sand that is hazardous exhibits the toxicity characteristic for lead (D008) or cadmium (D006). An estimate that 4% of foundry sand sent for disposal is hazardous is provided. Sand used in a leaded brass manufacture is more often hazardous than other foundry sands.
 
02/21/1995CLARIFICATION ON RCRA AND TSCA JURISDICTION OVER INFECTIOUS AND/OR GENETICALLY ENGINEERED WASTEMemo
 Description: Section 3007 may be used to gain access to a hazardous waste facility. Materials which meet the statutory definition of hazardous waste are subject to Sections 3007 and 3013. Sections 3004(u) and 3008(h) are based on the statutory definition of hazardous waste, and apply to biological, genetically engineered, and infectious wastes (BGEIW). Units storing BGEIW are solid waste management units (SWMUs). The status of a military facility as “classified” is not bar to EPA action unless the facility has presidential exemption under Section 6001. Action under Sections 3004(u) and 3007 is not limited by dates (i.e., they may be retroactive).
 
02/17/1995IS A SECTION 3008(H) ENFORCEMENT ORDER AN APPROPRIATE MECHANISM FOR APPROVING A CAMU?Memo
 Description: Section 3008(h) orders can be used to establish corrective action management units (CAMUs) and other remedial units at facilities which lost interim status (LOIS). Permits are not necessary if a Section 3008(h) order is in place, but public participation should occur.
 
02/01/1995CORRECTIVE ACTION AUTHORITIESQuestion & Answer
 Description: Section 3004(u) corrective action authority is limited to releases from solid waste management units (SWMUs). Releases that do not originate from solid waste management units can be addressed under Sections 3005(c)(3), 3004(v), 3008(h), and 7003.
 
02/01/1995STATUS OF WWTUS/ENUS AT GENERATOR SITESQuestion & Answer
 Description: Generators treating hazardous waste in an on-site wastewater treatment unit (WWTU) or elementary neutralization unit (ENU) need not comply with Section 262.34 accumulation standards because these units are already exempt from RCRA permitting and TSDF requirements.
 
01/30/1995INCLUSION OF EMISSIONS FROM OB/OD UNITS IN THE HEALTH RISK ASSESSMENT FOR A CHEMICAL AGENT DISPOSAL FACILITYMemo
 Description: Risk assessment at combustion units should include air emissions from all sources integral to the operation (e.g., storage, blending, handling). Open-burning/ open-detonation (OB/OD) units that are not integral to chemical agent disposal would not need to be included in the risk assessment.
 
01/01/1995MANIFEST REQUIREMENTS FOR IMPORTED HAZARDOUS WASTEQuestion & Answer
 Description: Multiple parties may be considered importers (TSDF, broker, etc.). When more than one importer exists, they may decide among themselves who will act as the importer and whose ID number will be used. All parties are liable for compliance with RCRA regulations.
 
01/01/1995THE LIQUIDS IN LANDFILLS PROHIBITION AND SORBED FREE LIQUIDSQuestion & Answer
 Description: Wastes which contain free liquids and are containerized may be treated with a nonbiodegradeable sorbent and placed in a landfill. A non- containerized waste containing free liquids must be treated without absorbents before landfilling. Discusses chemical stabilization v. absorption criteria.
 
12/01/1994ELEMENTARY NEUTRALIZATION UNITS GENERATING AND STORING NON-CORROSIVE HAZARDOUS WASTESQuestion & Answer
 Description: A tank in which corrosive-only (D002) electroplating wastewaters are treated meets the definition of elementary neutralization unit (ENU), even if the treatment process produces an F006 sludge. F006 is subject to regulation once it is removed from the tank.
 
11/15/1994APPLICABILITY OF RCRA REGULATIONS TO A PROPOSED FUMING/GASIFICATION UNITMemo
 Description: Discusses the regulatory status of a fuming/gasification (plasma arc) unit as an incinerator, industrial furnace, or miscellaneous unit. Clarifies devices versus process trains (SEE ALSO RPC# 7/29/94- 01). If the process train meets the industrial furnace definition, it may be conditionally exempt under Section 266.100(c) (SEE ALSO: 61 FR 17358; 4/19/96). The Draft Waste Minimization and Combustion Strategy does not apply to combustion facilities that handle only remediation wastes.
 
11/03/1994CLARIFICATION OF DISCARDED AMMUNITION OF 0.50 CALIBERMemo
 Description: Small arms ball ammunition up to and including .50 caliber are not reactive (D003) but may be hazardous for another characteristic. Popping furnaces are incinerators. Popping furnaces treating small arms ball ammunition that exhibit a characteristic are subject to RCRA as incinerators.
 
10/17/1994REGULATION OF FUEL BLENDING AND RELATED TREATMENT AND STORAGE ACTIVITIESMemo
 Description: Fuel blenders are subject to 268.7(b) LDR notification and certification. Fuel blending is not exempt from permitting, unless it is done at a generator site in a 262.34 accumulation unit. Fuel blending at a transfer facility is treatment and requires a permit. Most fuel blending units are permitted as tanks or miscellaneous units. Fuel blenders are subject to the air emissions standards (SEE ALSO: RPC# 12/5/94-01; 59 FR 62896; 12/6/94). Thermal treatment units are not eligible for the 262.34 permit exemption. Recycling units at facilities with other permitted units are subject to the air emissions standards (SEE ALSO: 62 FR 25997; 5/12/97). Generators who send waste off-site to a burner are subject to LDR notification. Cement or light-weight aggregate kiln produced by a Bevill device burning both hazardous waste and Bevill-exempt wastes may be exempt from land disposal restrictions (LDR) treatment standards when used in a manner constituting disposal if the residues pass the significantly affected test in 266.112. If neither the products nor the residues are subject to the LDR treatment standards, the original generator's waste is not prohibited from land disposal, and is subject only to 268.7(a)(6) (SEE ALSO: 62 FR 25997; 5/12/97).
 
10/07/1994ABILITY TO PASS THE RCRA FINANCIAL TEST FOR ENVIRONMENTAL OBLIGATIONSMemo
 Description: A firm may use the delayed recognition method for RCRA financial test even though it uses the immediate recognition method in accounting for purposes of SEC compliance. A firm’s Chief Financial Officer (CFO) may sign the certification.
 
09/28/1994CLARIFICATION ON: MANIFEST DOCUMENT NUMBER; F003, F005, D001; WASTE DESTINED FOR RECYCLING; AND TREATMENT STANDARDS FOR CFCMemo
 Description: F003 and F005 waste exhibiting ignitability must carry a notification for and meet the D001 treatment standard (TS), since F003/F005 does not operate in lieu of D001 (SEE ALSO: 55 FR 22520, 22530; 6/1/90) (USE WITH CAUTION: see RPC# 3/1/94-02). The TS for chlorinated fluorocarbons (CFC) is discussed. A CFC waste may be subject to the California list prohibition for halogenated organic compounds (HOC) (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97) (SEE ALSO: RPC# 5/16/91-01). Materials that are not a solid waste (SW) when recycled are exempt even if shipped to a recycler via a TSDF. Scrap metal is both a SW and is hazardous, but is exempt if recycled. The legitimacy of recycling must be documented. Use of manifest continuation sheets is outlined.
 
09/19/1994REGULATORY DETERMINATION OF THE PRIMER NEUTRALIZATION UNIT ""POPPING FURNACE""Memo
 Description: Burning hazardous waste in an incinerator is not exempt recycling, but rather is incineration regulated under Parts 264 or 265, even if some energy or material recovery occurs. Demilitarization and munitions popping furnaces are regulated as incinerators. Controlled flame combustion units burning hazardous waste are boilers, industrial furnaces, or incinerators.
 
09/02/1994APPLICABILITY OF A PROPOSED HAZARDOUS WASTE REGULATION TO CERTAIN DOE RADIOACTIVE MIXED WASTESMemo
 Description: One or more safety devices that is vented directly to the atmosphere may be used on a container. A safety device should not be used for planned or routine venting, and must remain in a closed sealed position, except in an unplanned event (SUPERSEDED: see 59 FR 62896, 62903; December 6, 1994).
 
09/01/1994CONTAINMENT BUILDINGS AS GENERATOR ACCUMULATION UNITSQuestion & Answer
 Description: Small quantity generators (SQGs) who accumulate waste in a containment building without a permit are subject to the more stringent standards of Section 262.34(a), including the 90 day time limit. SQGs who accumulate under Section 262.34(d) are limited to the use of tanks and containers.
 
08/19/1994CLARIFICATION OF CERTAIN FINANCIAL ASSURANCE REQUIREMENTS APPLICABLE TO PERMITTED HAZARDOUS WASTE FACILITIES UNDER RCRAMemo
 Description: Changes in the financial assurance mechanisms which are not specifically identified in the permit do not require a permit modification.
 
08/17/1994ALTERNATIVE METALS ANALYSIS FOR HAZARDOUS WASTE COMBUSTORSMemo
 Description: There is no regulatory requirement to analyze metal emissions from incinerators, which is in contrast to the boiler and industrial furnace (BIF) standards. Inductively coupled plasma/mass spectroscopy (ICP/MS) may be an alternative to inductively coupled plasma/optical emission spectroscopy (ICP/OES) for incinerators (SEE ALSO: 61 FR 17358; April 19, 1996).
 
07/29/1994CLARIFICATION REGARDING SINGLE EMISSION POINT, MULTI-DEVICE COMBUSTION FACILITIESMemo
 Description: Provides clarification of operating and permit conditions for connected combustion units, like incinerators and BIFs, with a single emission point. When regulations conflict, preference is given to the more stringent or more technically appropriate standards. The RCRA Section 3005(c)(3) omnibus provisions may be appropriate. Units receive permits, or interim status, individually. Discusses the definition of a boiler. The industrial furnace definition applies to combustion units on a device-by-device basis (precalciner exception). Plasma arc and infrared units are incinerators when they have afterburners and miscellaneous units when they do not. A hazardous-waste fired afterburner is an incinerator.
 
07/29/1994RCRIS CORRECTIVE ACTION ENVIRONMENTAL INDICATOR EVENT CODES CA725 AND CA750Memo
 Description: Provides definitions of Resource Conservation and Recovery Information System (RCRIS) corrective action indicator event codes CA725 (human exposures controlled determination) and CA750 (groundwater releases controlled determination). Environmental Indicator event codes are used to measure the environmental results of remediation activities (SUPERSEDED: See RPC#2/5/99-01).
 
07/25/1994CLARIFICATION OF CERTAIN CLOSURE COST ESTIMATE REQUIREMENTS APPLICABLE TO FACILITIES SEEKING A PERMIT UNDER 40 CFR 264Memo
 Description: Closure cost estimates must equal the cost of closing a facility at the point where closure would be the most expensive. Salvage value for waste, equipment, land, assets, or zero cost for hazardous and nonhazardous wastes may not be used in the estimate. A third party is a party who is neither a parent or subsidiary corporation.
 
07/18/1994WASTE MINIMIZATION REQUIREMENTS OF SECTION 3002(B) OF RCRA FOR HAZARDOUS WASTE DISPOSAL FACILITIESMemo
 Description: The 3005(h) waste minimization and certification requirements apply to an owner of a landfill that generates and has a RCRA Subtitle C treatment permit for F039 leachate. If the owner is a large quantity generator (LQG) and sends the waste off-site, the owner is also subject to the 3002(b) waste minimization requirements. There is no statutory exemption from waste minimization certification for facilities generating remedial waste.
 
07/08/1994EXPORT FROM JAPAN OF PHOSPHORUS OXYCHLORIDE CONTAINING BUBBLERSMemo
 Description: Waste bubblers containing phosphorous oxychloride may exhibit the characteristics of corrosivity (D002) and reactivity (D003). An importer of waste is responsible for hazardous waste determinations and generator duties. An importer could be a waste broker, transporter, or destination TSDF (SUPERSEDED: RPC# 9/14/94-02).
 
07/05/1994GUIDANCE ON TRIAL BURN FAILURESMemo
 Description: Discusses EPA’s guidance on incinerator and BIF trial burns including: what is a successful trial burn, how to handle invalid trial burn data, what is an unsuccessful trial burn. Discuses requests for a trial burn retest, and restriction of operations after unsuccessful trial burn.
 
07/01/1994WASTE MINIMIZATION AND RECYCLING ACTIVITIES THAT RESEMBLE CONVENTIONAL WASTE MANAGEMENT PRACTICESQuestion & Answer
 Description: Burning for energy recovery and use in a manner constituting disposal do not qualify as waste minimization. Source reduction involves decreasing the amount of hazardous substance entering the waste stream. Recycling involves use, reuse, or reclamation.
 
06/02/1994APPLICABILITY OF RCRA REGULATIONS TO A HYDRO-MIST UNIT USED IN THE TREATMENT OF WASTEWATER AT DRY-CLEANING FACILITIESMemo
 Description: A treatment unit that evaporates dry cleaning wastewater by atomizing or misting the liquid into ambient air could qualify as a wastewater treatment unit (WWTU) (SEE ALSO: RPC# 6/2/93-01). OSW does not certify, endorse, or approve specific technologies.
 
06/01/1994FINANCIAL ASSURANCE COST ADJUSTMENTS ON A QUARTERLY BASISQuestion & Answer
 Description: If a facility’s anniversary date for financial assurance (fiscal year) does not coincide with the issuance of the annual Implicit Price Deflator (IPD), it may use the latest annual figures for the IPD, or the most recent quarterly figures comparing with the same quarter trom the year before.
 
06/01/1994GNP VS. GDP FOR COST ADJUSTMENTS UNDER RCRAQuestion & Answer
 Description: EPA allows financial assurance cost estimate updates using the annual Implicit Price Deflator (IPD) based on the Gross Domestic Product (GDP) or the Gross National Product (GNP) so long as one is used consistently. If an owner or operator switches from using GNP to GDP, then their previous cost estimates must be accordingly adjusted.
 
05/12/1994CLARIFICATION OF THE REGULATORY STATUS OF A REFINERY DITCH SYSTEMMemo
 Description: An unlined trough, trench, ditch is not ancillary equipment to a tank or sump because they are not constructed of leak proof material or do not have structural support or strength. Discusses the distinction between tank and surface impoundment. Can retrofit ditches to meet the criteria and quality as a wastewater treatment unit (WWTU).
 
05/09/1994EPA’S DRAFT WASTE MINIMIZATION AND COMBUSTION STRATEGY AND IT’S IMPLICATIONS FOR SUPERFUNDMemo
 Description: The Combustion Strategy impact on hazardous waste incineration at CERCLA cleanups is discussed. Hazardous waste combustion remains an appropriate remedy at many sites. The Combustion Strategy is not an ARAR since it is not legally enforceable, but it is regarded as a TBC ("To Be Considered") at CERCLA sites.
 
05/09/1994REGULATORY REQUIREMENTS FOR ON-SITE TREATMENT OF OXYGEN BREATHING APPARATUS (OBA) CANISTERSMemo
 Description: Oxygen breathing apparatus (OBA) used by firefighters could qualify as exempt scrap metal when recycled. There is no need to determine if recycled scrap metal is a hazardous waste (HW). Emptying a steel OBA canister could be an exempt scrap steel recycling process if the canisters are to be recycled (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal). Emptying canisters to render them nonhazardous prior to disposal may be regulated treatment. HW canisters may be accumulated on-site without a permit under 262.34. Tanks meeting the wastewater treatment unit definition are exempt from permitting requirements.
 
05/05/1994REVISED DRAFT OF RISK ASSESSMENT IMPLEMENTATION GUIDANCE FOR HAZARDOUS WASTE COMBUSTION FACILITIESMemo
 Description: The latest revisions (pursuant to the Combustion Strategy) to the implementation guidance for conducting risk assessments at RCRA hazardous waste combustion facilities are discussed.
 
04/06/1994CLARIFICATION OF ""ACTIVE MANAGEMENT"" IN CLOSING WASTE MANAGEMENT FACILITIES (SURFACE IMPOUNDMENTS)Memo
 Description: Remediation involving hazardous waste treatment triggers permitting. Whether in-situ stabilization is treatment is a site-specific determination. The regulatory status of the movement of wastes within an area of contamination (AOC) is discussed. A unit (e.g., surface impoundment) inactive prior to the effective date of applicable RCRA rules is not subject to Subtitle C unless the waste is actively managed. A one-time removal of waste is not active management. Waste removed from a unit is subject to all relevant regulations. Inactive units may be solid waste management units (SWMUs) subject to 3004(u), 3008(h), and/ or 7003 corrective action authorities.
 
04/01/1994DESIGNATING EXEMPT RECYCLING FACILITIES ON THE MANIFESTQuestion & Answer
 Description: Permit-exempt recycling facilities can be a designated facilities on a manifest. Exempt recycling facility must obtain an EPA identification number and comply with manifest requirements.
 
04/01/1994FINANCIAL ACCOUNTING STANDARDS BOARD STATEMENT 106 AND ITS AFFECTS ON THE RCRA FINANCIAL TESTMemo
 Description: A firm may use the delayed recognition method for the RCRA financial test even though it uses the immediate recognition method in its accounting for purposes of SEC compliance. The firm’s Chief Financial Officer (CFO) may sign the certification.
 
04/01/1994SURFACE IMPOUNDMENT LEACHATE COLLECTION AND REMOVAL SYSTEMSQuestion & Answer
 Description: A leachate collection and removal system must be in place at least 30 days prior to the receipt of waste at a new surface impoundment. The owner/operator must carry out the construction quality assurance (CQA) program certifying compliance with the design specifications of the permit 30 days prior to the receipt of waste.
 
02/23/1994CLARIFICATION ON THE DISTINCTION BETWEEN THERMAL DESORBERS AND INCINERATORSMemo
 Description: The use of controlled flame combustion determines whether a thermal desorption unit is an incinerator or a miscellaneous unit. Miscellaneous units generally are required to comply with the Subpart O incinerator standards plus other appropriate controls.
 
02/01/1994REGULATORY STATUS OF SHELL OIL'S NORCO, LOUISIANA FACILITY DITCH SYSTEMMemo
 Description: A trough, trench, or ditch connected to a tank or sump is ancillary equipment. Unlined conveyance systems allowing leakage or a discharge is not ancillary equipment, and may be considered disposal, and may be considered a surface impoundment, miscellaneous, or solid waste management unit (SWMU) subject to corrective action. An unlined trough, trench, ditch that is retrofitted may meet the definition of ancillary equipment to tank and qualify for the wastewater treatment unit (WWTU) exemption.
 
01/05/1994THE EFFECT OF AN UPCOMING RULE ON NONHAZARDOUS UNDERGROUND INJECTION CONTROL WELLS AND ELEMENTARY NEUTRALIZATION UNITSMemo
 Description: Provides a summary of Phase III and characteristic wastes managed in CWA systems and underground injection control (UIC) wells. A nonhazardous UIC well is a land disposal unit. Waste disposed of in a well must meet land disposal restrictions (LDR) treatment standards or the unit will need a no-migration variance. LDR Phase III will not eliminate elementary neutralization units (ENU) but will require that wastes decharacterized in ENUs meet standards for underlying hazardous constituents (SUPERSEDED: see 61 FR 15660; April 8, 1996).
 
12/27/1993REGULATORY DETERMINATION ON THE STATUS OF PRECIOUS METAL RECOVERY FURNACESMemo
 Description: Addesses the criteria for legitimate precious metal recovery. Furnaces legitimately recovering precious metals fall within the Part 266, Subpart F exemption, and are not subject to the Subpart O incinerator regulations and most BIF rules, except for one-time notification and certification, sampling, and analysis. A precious metal recycler must be able to demonstrate that he is engaged in legitimate recycling.
 
12/17/1993CLASSIFICATION OF OLIN MERCURY RECOVERY UNIT AS AN INDUSTRIAL FURNACEMemo
 Description: A mercury recovery unit is a type of smelting, melting, or refining furnace and is therefore an industrial furnace (BIF). Discusses the elements of classification of a BIF. If the unit is used solely for metal recovery, then it is conditionally exempt from BIF rules. The exemption is conditioned on notification, sampling and analysis, and recordkeeping. Provides a mercury retorter definition.
 
11/17/1993REGULATORY STATUS AND MANAGEMENT OF LIQUIDS AND ABSORBENT MATERIALS CONTAINING LIQUIDSMemo
 Description: The liquids in landfills prohibition applies only to hazardous waste landfills. Sorbents that are used to clean up non-listed waste are hazardous only if they are characteristic. Liquids must be absorbed prior to placement in municipal solid waste landfills. Used oil is presumed to be recycled until it is sent for disposal. Sorbents containing used oil that will be burned for energy recovery are subject to Part 279. Sorbents that are defined as used oil that will not be burned for energy recovery are managed under Part 279 until they are disposed, even if they are characteristic.
 
11/01/1993CONTAINMENT BUILDINGS AS INDEPENDENT HAZARDOUS WASTE MANAGEMENT UNITSQuestion & Answer
 Description: A containment building is intended to be an independent hazardous waste management units. Existing tanks, containers, and drip pads do not need to be within a containment buildings. Containment buildings can serve as secondary containment for tanks.
 
11/01/1993REGULATORY STATUS OF A DISSOLVED AIR FLOATATION FLOAT STORAGE TANK USED TO FEED MATERIAL INTO A PETROLEUM COKERMemo
 Description: A Dissolved Air Flotation (DAF) float that is inserted into a petroleum coker is a solid and hazardous waste (SEE ALSO: Section 261.4(a)(12)). A DAF float feed tank may be an exempt wastewater treatment unit (WWTU) provided it meets the criteria listed in Section 260.10.
 
10/29/1993APPLICABILITY OF RCRA TO THERMAL DESORPTION SLUDGE DRYERS, AND OTHER HYBRID INCINERATOR DEVICESMemo
 Description: Permit writers will consider the Subpart O standards when permitting hybrid incineration units (such as thermal desorption units) under Subpart X.
 
10/22/1993REGULATORY STATUS OF SEPARATOR WATER AND THE USE OF SEPARATOR WATER EVAPORATORS AT DRY-CLEANING FACILITIESMemo
 Description: EPA statement in the letter, Lowrance to Fisher (RPC# 6/2/93-01), that evaporation units at dry cleaners that do not discharge wastewaters pursuant to CWA are wastewater treatment units (WWTU) is specific to units that are used in dry cleaning. A unit receiving concentrated wastes is generally not a WWTU.
 
10/15/1993CLARIFICATION ON DISPOSAL OF SORBED MATERIALS IN HAZARDOUS WASTE LANDFILLS AND ON POZZOLANIC STABILIZATION OF SORBED MATERIALSMemo
 Description: Wastes treated with biodegradable sorbents cannot be placed in a landfill until after appropriate treatment. Chemical reagents such as pozzolanic stabilization and thermoplastic or organic binders are non- biodegradable sorbents and may be used to meet the liquid in landfill rule standards. Pozzolanic stabilization may not meet land disposal restrictions (LDR) treatment standards, but treatment that meets Part 268 standards generally meets Section 264.314(e) requirements.
 
10/12/1993APPLICABILITY OF THE PAINT FILTER LIQUIDS TEST TO SORBENTSMemo
 Description: Provides clarification on the performance of the paint filter liquids test (PFT, Method 9095). PFT is designed to verify that sorbed wastes do not contain free liquids for the purpose of the hazardous waste landfill regulations. PFT was not designed to evaluate the performance of one sorbent product relative to other sorbents. No wastes, whether sorbed or not, may be placed in a hazardous waste landfill if they release free liquids as determined by the PFT.
 
10/07/1993CLARIFICATION OF THE USE OF UNDERGROUND STORAGE TANKS TO CONTAIN HAZARDOUS WASTE SPILLSMemo
 Description: An underground tank used to contain a spill of hazardous waste solvent is a hazardous waste tank system. An underground tank used to contain a spill of reclaimed solvent not a hazardous waste tank system, but it may be subject to Part 280.
 
09/23/1993GUIDANCE ON INDIRECT EXPOSURE ASSESSMENTS FOR HAZARDOUS WASTE COMBUSTION SOURCESMemo
 Description: Provides guidance on indirect exposure assessments for hazardous waste combustion sources. This memo transmits for review and comment the draft addendum to the 1990 Office of Research and Development (ORD) report, "Methodology for Assessing Health Risks Associated with Indirect Exposure to Combustor Emissions.” It also includes EPA’s initial recommendations on dealing with additional risk assessment issues such as the choice of risk levels and how to consider other air emission sources.
 
09/23/1993LEAD CONTAMINATION RESULTING FROM SKEET SHOOTINGMemo
 Description: EPA encourages the use of substitute materials for lead in ammunition on firing ranges. The U.S. Court of Appeals for the Second District affirmed that lead ammunition deposited in Long Island Sound is “hazardous solid waste,” and a citizen may bring a RCRA 7002 lawsuit for imminent and substantial endangerment (SEE ALSO: 62 FR 6622; February 12, 1997).
 
08/11/1993RESPONSE TO QUESTIONS ABOUT EPA’S COMBUSTION STRATEGYMemo
 Description: The Combustion Strategy will not impact incinerators at CERCLA sites or the ability of interim status units to continue burning hazardous waste. Provides a summary of the risk assessment guidance. Permit applications for new combustion facilities have a lower priority than pending applications of interim status facilities. Pursuant to the Combustion Strategy, EPA is examining its authority to enforce the generator and TSDF waste minimization and certification requirements.
 
07/07/1993QUALITY ASSURANCE PROJECT PLANS AND DATA QUALITY OBJECTIVES FOR RCRA GROUND-WATER MONITORING AND CORRECTIVE ACTION ACTIVITIESMemo
 Description: Discusses the application of the data quality objective (DQO) process to groundwater monitoring, and corrective action programs. DQO is the overall level of uncertainty that a decision maker is willing to accept in a decision making process. Quality assurance project plans are used to ensure DQOs are defined and documented. Chapter One of SW-846 outlines the minimum elements of a quality assurance programs for all data collection activities.
 
07/02/1993RESPONSE TO CONCERNS REGARDING HAZARDOUS WASTE INCINERATIONMemo
 Description: EPA requires incinerators burning dioxins and PCBs to operate at a 99.9999% destruction and removal efficiency (DRE). Incineration of other wastes requires a 99.99% DRE. EPA conducts conservative, site-specific risk assessments for individual combustion facilities.
 
06/07/1993ANALYSIS OF REMEDIAL WASTE VOLUME AND REMEDY SELECTIONMemo
 Description: Provides an analysis of the corrective action remedies and the resulting waste volumes and the parallels to presumptive remedies. The information breaks solid waste management units (SWMUs) down into several categories: containment (no treatment), in-situ treatment, and ex-situ treatment. 140 million cubic meters of remedial waste are expected to be generated over the life of the RCRA program.
 
06/04/1993INDEPENDENT REGISTERED PROFESSIONAL ENGINEER'S CERTIFICATIONMemo
 Description: Provides clarification of an independent registered professional engineer for closure certification. An engineer employed by a subsidiary may be able to certify the parent company's closure if certain conditions are met. Discusses the definition of majority-owned subsidiary.
 
06/02/1993REGULATORY STATUS OF SEPARATOR WATER AND EVAPORATOR UNITS AT DRY CLEANERSMemo
 Description: Evaporator units at dry cleaners that have eliminated CWA discharges due to concern over sewer leaks are generally wastewater treatment units (WWTU) (SEE ALSO: RPC# 10/22/93-02). The WWTU exemption applies only to wastewater, not concentrated wastes like free-phase perchloroethylene. CESQG status depends on the total amount of hazardous waste generated at a facility per calendar month. EPA cannot state whether all generators from a particular industry (e.g., dry cleaning) are CESQGs. CESQGs are subject only to 261.5.
 
06/02/1993SEPARATOR WATER AND USE OF EVAPORATORS AT DRY-CLEANING FACILITIESMemo
 Description: Evaporator units at dry cleaners that have eliminated their CWA discharges due to concern over sewer leaks are generally wastewater treatment units (WWTU) (SEE ALSO: RPC# 10/22/93-02). The WWTU exemption applies only to wastewater, not concentrated wastes like free-phase perchloroethylene.
 
06/01/1993CLOSURE TIMETABLE FOLLOWING TERMINATION OF INTERIM STATUSQuestion & Answer
 Description: Owners of facilities that lost interim status (LOIS) must submit a closure plan to the state or Regional office no later than 15 days after termination of interim status. The remainder of the interim status closure timetable is dictated by the date of approval of the closure plan
 
06/01/1993CONTAINMENT BUILDINGS AT PERMITTED AND INTERIM STATUS FACILITIESQuestion & Answer
 Description: Discusses the procedures for adding containment buildings to permitted and interim status facilities under changes during interim status. A containment buildings is not considered newly regulated units. A generators may accumulate and treat hazardous waste in containment buildings.
 
05/28/1993CLARIFICATION OF THE CLOSURE REQUIREMENTS FOR HAZARDOUS WASTE MANAGEMENT FACILITIESMemo
 Description: Due to differences in the timing of closure plan submittal, interim status facilities must identify a specific destination of closure wastes, while permitted facilities need only identify the type of unit to which their closure wastes will be sent.
 
05/05/1993DISPOSAL OF SORBED LIQUIDS, PARTICULARLY "BIODEGRADABLE" SORBENTS IN WASTES DESTINED FOR HAZARDOUS WASTE LANDFILLSMemo
 Description: RCRA Section 3004(c)(2) prohibits the direct placement of liquids sorbed with biodegradable sorbents into hazardous waste landfills. Hazardous waste not landfilled may be absorbed by any type of sorbent.
 
05/04/1993EFFECTS OF THE REGULATIONS FOR CORRECTIVE ACTION MANAGEMENT UNITS (CAMUS) ON THE MANAGEMENT OF "AS-GENERATED" HAZARDOUS WASTESMemo
 Description: As-generated hazardous wastes cannot be managed in corrective action management units (CAMUs). Only remediation wastes can be managed in CAMUs. The definition of remediation waste is not limited to contaminated environmental media (SEE ALSO: 63 FR 65874; 11/30/98). Dumping as-generated waste to make it remediation waste is illegal. CAMUs may only be designated by EPA or an authorized state.
 
05/01/1993THE USE OF MAXIMUM CONTAMINANT LEVELS IN GROUNDWATER MONITORINGQuestion & Answer
 Description: The SDWA maximum contaminant levels (MCLs) are not codified in 264.94(a)(2), but may be used as alternate concentration limits (ACLs) when establishing the groundwater protection standard in a facility’s permit.
 
03/15/1993U.S. ARMY CORPS OF ENGINEERS OR INDEPENDENT REGISTERED, CERTIFIED ENGINEERSMemo
 Description: 264.115 and 265.115 do not require independent, registered, certified engineers certifying closure to be registered in the state where the facility is located. EPA has determined that U.S. Army Corps of Engineers personnel are independent and can certify closure of Army facilities. An authorized state can interpret independent, certified, professional engineer to require an engineer to be registered in the state where the facility being inspected is located (SEE ALSO: RPC# 12/21/92-01).
 
02/01/1993GROUNDWATER MONITORING AT NEWLY REGULATED SITESQuestion & Answer
 Description: An owner of a newly-regulated interim status facility has one year to characterize the site and design and install groundwater monitoring system. Once the system is installed, the owner must begin establishing the background concentrations.
 
12/24/1992CLARIFICATION ON WHAT CONSTITUTES DIOXIN RELATED MATERIALSMemo
 Description: Contains a list of waste codes that contain dioxin (F020, F022, F023, F026, F027, F028, F032, D017, D041, D042). The F-listed dioxin waste codes do not apply if waste contains dioxin but does not meet the listing description. Waste exhibits the toxicity characteristic only if the level of constituent exceeds the regulatory level. F039, K043, and K099 have land disposal restrictions (LDR) for certain dioxins and furans. If waste meets the listing description, the waste code applies even if no Appendix VIII constituents are present. For purposes of F021, a pentachlorophenol derivative includes any substance which is related structurally and can be made from pentachlorophenol (PCP), including sodium pentachlorophenate, octachlorodibenzodioxin, octachlorodiphenyl ether, and potassium pentachlorophenate. Derivatives from tri- and tetrachlorophenol include tri- and tetra-chlorophenoxy derivatives of carboxylic acids. F020 -F023, F026-F028 hazardous waste must be incinerated in an unit meeting 99.9999 DRE or burned in thermal treatment unit meeting same DRE. Waste that contains Appendix VII constituents but cannot be traced to the original process that would generate the waste meeting listing description is exempt from regulation unless characteristic.
 
12/21/1992CLARIFICATION OF THE TERM INDEPENDENT, REGISTERED, CERTIFIED ENGINEERMemo
 Description: Authorized State can interpret “independent, certified, professional engineer” to require engineer to be registered in the state where the facility he is inspecting is located. An engineer from the Army Corps of Engineers meets the criteria for independent, qualified, professional engineer for purposes of assessments, installation, and/or testing for other federal facilities (SEE ALSO: RPC# 3/15/93-01).
 
11/17/1992GUIDANCE ON USING ALTERNATIVE RISK ASSESSMENT APPROACHES IN DETERMINING INCINERATOR METALS EMISSION LIMITSMemo
 Description: Site-specific dispersion models can not be used for reference air concentration (RAC) or risk-specific dose (RSD) unless required by omnibus authority.
 
10/20/1992WASTE HEIGHT IN CONTAINMENT BUILDINGSMemo
 Description: The limits on the height to which hazardous waste may be piled in a containment building apply only to true containment walls, not crowd walls or stalls inside the containment building. Hazardous waste may be piled to a height exceeding the height of crowd walls or stalls inside containment buildings.
 
10/08/1992RECOVERY OF SULFUR AND CHLORIDE FROM SLURRIED BAGHOUSE DUSTMemo
 Description: The desulfurization process to remove sulfur and chloride from slurried baghouse dust is an exempt recycling process. Desulfurization units are either exempt recycling units or wastewater treatment units (WWTUs).
 
09/22/1992ASSURING PROTECTIVE OPERATION OF INCINERATORS BURNING DIOXIN-LISTED WASTESMemo
 Description: The incinerator regulations do not specifically set a specific destruction and removal efficiency (DRE) for dioxins and furans. The 99.9999% DRE is demonstrated during the trial burn on principal organic hazardous constituents (POHCs) that are more difficult to incinerate than dioxins and furans. Spiking POHCs at high concentrations in the trial burn waste is standard practice. EPA recommends the use of the product of incomplete combustion (PIC) approach from the BIF rule as guidance for incinerators.
 
09/14/1992EXPORTATION OF HAZARDOUS WASTEMemo
 Description: A generator must perform a hazardous waste determination for waste that will be exported. All TSDFs handling hazardous waste that will be exported must have the proper permits under RCRA Subtitle C.
 
09/04/1992REGULATORY STATUS OF ABSORBENT MATERIAL WHEN MIXED WITH HAZARDOUS WASTE PRIOR TO INCINERATIONMemo
 Description: Mixing sawdust with hazardous waste prior to incineration is part of the incineration treatment train and is generally considered regulated treatment. Mixtures of hazardous waste and absorbent or sawdust may be hazardous waste via the derived-from rule (SEE ALSO: 66 FR 27266; 5/16/01). Absorbing or mixing listed hazardous waste with sawdust does not make the waste nonlisted. The determination of whether the entire volume of the mixture of absorbent material and hazardous waste is counted against the incinerator’s maximum permissible hazardous waste inventory or mass feed limits is made by the state or Region.
 
08/31/1992GUIDANCE ON THE USE OF THE CORRECTIVE ACTION MANAGEMENT UNIT CONCEPTMemo
 Description: The 7/27/90 proposed corrective action management unit (CAMU) concept (55 FR 30798) may be used before the CAMU rule is finalized. Provides a fact sheet on the use of the CAMU concept before the rule is finalized. The CAMU concept is derived from the CERCLA area of contamination (AOC) concept (SUPERSEDED: See 58 FR 8658; 2/16/93).
 
08/27/1992RCRA REGULATORY INTERPRETATION ON BENZENE STRIPPERS AT WRC REFINERYMemo
 Description: Refinery benzene stripper is a hazardous waste treatment unit, not tank ancillary equipment. Benzene stripper could be a fully regulated, wastewater treatment unit (WWTU), or generator accumulation unit.
 
08/24/1992REGULATORY STATUS OF AN OPEN BURNING UNIT USED FOR TREATING EXCESS PROPELLANTMemo
 Description: The transport of excess powder from training activity for treatment is solid and hazardous waste management. Excess propellant from training that is moved to another training activity not solid waste. The quantity of excess material may help indicate whether a material is solid waste.
 
07/21/1992FLOOR SUMPS AT HAZARDOUS WASTE SITESMemo
 Description: The Region determines whether a floor sump that collects hazardous waste after the point of generation and conveys it to a treatment unit is exempt as ancillary equipment connected to a wastewater treatment unit (WWTU) or an elementary neutralization unit (ENU).
 
07/01/1992LINERS AND LEAK DETECTION SYSTEMS FOR HAZARDOUS WASTE LANDFILLS, SURFACE IMPOUNDMENTS, AND WASTE PILESQuestion & Answer
 Description: Summary of the minimum technological standards (RCRA 3004(o)) for new, replacement, and lateral expansions of landfills, surface impoundments, and waste piles completed after July 29, 1992.
 
07/01/1992ONE-TIME NOTIFICATION REQUIREMENT UNDER 268.7(A)(6)Question & Answer
 Description: The one-time notification requirement under the land disposal restrictions (LDR) applies even if, prior to discharge, waste is managed in a manner not substantively regulated.
 
06/01/1992GROUNDWATER MONITORING RESAMPLING REQUIREMENTSQuestion & Answer
 Description: Facilities that are in compliance monitoring and are performing annual sampling for Appendix IX constituents, which detect constituents not in the permit may resample for the detected constituents within 7 days to confirm, or report to the state or the Regional office. Discusses the procedures addressing these constituents.
 
06/01/1992WASTEWATER TREATMENT UNITS: REGULATORY STATUS OF WASTEQuestion & Answer
 Description: Discusses the regulatory status of waste generated in a wastewater treatment unit (WWTU). Waste is exempt only while in the unit. Residues from the treatment of a listed waste in a WWTU remain listed due to derived-from rule (SEE ALSO: 66 FR 27266; May 16, 2001).
 
05/04/1992REGION III APPROACH TO STABLIZATIONMemo
 Description: Discusses the RCRA stabilization strategy, the RCRA stabilization initiative, and the goals of the stabilization evaluation. Interim measures can happen at any time in the corrective action process. Interim measures are tools to achieve stabilization. Sites are first evaluated for potential stabilization actions after the RCRA facility assessment.
 
04/01/1992GROUNDWATER MONITORING AT NEWLY REGULATED FACILITIES (NOTE: THIS MRQ IS ALSO IN FEBRUARY 1993)Question & Answer
 Description: A newly-regulated interim status land disposal units must complete installation of groundwater monitoring system within one year of regulation and monitor for background levels for the first year system is operable.
 
03/31/1992MANAGEMENT OF MIXED WASTEMemo
 Description: Low-level radioactive mixed waste typically consists of organic liquids, oil mixtures, heavy metal-contaminated wastes, and corrosive liquids. Generators, and TSDFs must include mixed waste information in their biennial report. Discusses mixed waste permitting authority. Mixed waste is a subset of low level waste.
 
02/10/1992ENVIRONMENTAL GROWTH INITATIVEMemo
 Description: Discusses the Environmental Growth Initiative. Provides an overview of the RCRA Subtitle C reform initiatives growing out of the President's "90-Day Review of Regulations." Addresses concentration-based exemptions, universal treatment standards (UTS), post-closure permitting, remediation reforms, and the new Superfund paradigm.
 
02/04/1992CLASSIFICATION OF INFILTRATION GALLERIES UNDER THE UIC AND RCRA PROGRAMSMemo
 Description: Discusses the distinction between, and definition of, infiltration galleries (IGs) and SDWA underground injection control (UIC) wells for purposes of the April 2, 1991, rule extending the toxicity characteristic (TC) effective date for reinjection of groundwater pursuant to hydrocarbon recovery operations at petroleum refineries and transportation facilities (56 FR 13406). IGs can be UIC wells. IGs are often trenches. Remediation activities using reinjection may be subject to state groundwater protection statutes, SDWA, RCRA, and/or CERCLA authorities.
 
01/22/1992EVALUATING PRECOMPLIANCE CERTIFICATIONS FOR BOILERS AND INDUSTRIAL FURNACESMemo
 Description: Provides interpretation of a "complete and accurate" certification of precompliance. Addresses the use of enforcement authorities when evaluating BIF precompliance certification violations. Possible EPA responses include 3007 information requests and notices of violation.
 
01/16/1992EXEMPTION FROM PERMITTING REQUIREMENTS FOR WASTE WATER TREATMENT UNITSMemo
 Description: A wastewater treatment system must be subject to the Clean Water Act (CWA) in order to be eligible for the wastewater treatment unit (WWTU) exemption, it is not required to actually have CWA permit. A zero discharge system is eligible for exemption (SEE ALSO: RPC# 3/20/89-03). A wastewater treatment facility that never had a discharge to a surface water is not eligible for the WWTU exemption because it was never subject to the NPDES permitting or CWA requirements.
 
12/10/1991NO-MIGRATION PETITION FOR KOCH REFINING, TXMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below the treatment zone, in soil-pore liquid, and in groundwater at the land treatment facility.
 
12/03/1991CONTROL DEVICES REQUIRED BY THE ORGANIC AIR EMISSION STANDARDMemo
 Description: Only the Subparts AA and BB standards apply to a control device that meets the definition of another regulated unit (e.g. incinerator). If the device also treats other wastestreams, the unit must comply with the applicable standards. EPA may impose additional requirements under its omnibus authority.
 
11/01/1991REMOVAL OF TOXICITY CHARACTERISTIC WASTES FROM A SURFACE IMPOUNDMENTQuestion & Answer
 Description: The one-time removal of toxicity characteristic (TC) waste from a surface impoundment on or after the TC rule’s effective date does not subject the unit to regulation (55 FR 11798; March 29, 1990). The unit can then be used to manage nonhazardous waste. The surface impoundment holding TC waste that is left in place and that is not actively managed after the TC effective date is not subject to regulation.
 
10/25/1991MANAGING THE CORRECTIVE ACTION PROGRAM FOR ENVIRONMENTAL RESULTS: THE RCRA FACILITY STABILIZATION EFFORTMemo
 Description: Discusses the RCRA corrective action stabilization strategy and the RCRA stabilization initiative. Interim measures are encouraged for addressing imminent risks, stabilizing sources, and preventing the spread of contamination. Includes an interim measures selection decision tree and stabilization strategy questionnaire.
 
10/16/1991ANALYSIS OF RETESTING PROCEDURES PAPERMemo
 Description: Retesting sampling strategies may need to be established to accurately analyze groundwater monitoring data.
 
10/01/1991LOCATION STANDARDS FOR HAZARDOUS WASTE MANAGEMENT FACILITIESMemo
 Description: A summary of the regulatory restrictions for the siting of hazardous waste TSDFs. The current location standards restrict TSDFs from locating in 100-year floodplains and areas prone to severe earthquake damage. EPA is developing more restrictive criteria.
 
10/01/1991TSDF CLOSURE/POST-CLOSURE AFTER LOSS OF INTERIM STATUSQuestion & Answer
 Description: An owner of a facility that has lost interim status (LOIS) must still comply with the Part 265 closure and post-closure requirements. a facility can lose interim status due to the owner’s failure to submit a certification of compliance with the groundwater monitoring and financial responsibility requirements.
 
08/30/1991TSDFS AS GENERATORSMemo
 Description: Residues from the treatment of hazardous waste could cause a TSDF to be a generator. A TSDF may also generate other kinds of waste than those generated as a result of treatment.
 
08/02/1991CARBON REGENERATION UNITS - REGULATORY STATUSMemo
 Description: Carbon regeneration units regulated under Part 264, Subpart X or Part 265, Subpart P is Thermal Treatment. Discussion of regulatory status of carbon regeneration units in states authorized and unauthorized for February 21, 1991 BIF rule (56 FR 7134) (SEE ALSO: RPC 1/5/98-01).
 
07/03/1991TCLP AND LEAD PAINT REMOVAL DEBRISMemo
 Description: Provides general guidance for the representative sampling of lead-based paint abatement wastes (debris and abrasives) from drums, roll off boxes, and other containers. Shipments of LBP abatement wastes from a field site (bridge repair) to a central accumulation point must generally be accompanied by a manifest. The central accumulation point must be a transfer facility or a TSDF to accept manifested hazardous waste. Generators conducting lead-based paint (LBP) abatement must test the wastes using TCLP unless they can apply knowledge to determine characteristics (SEE ALSO: 63 FR 70233, 70241; 12/18/98). If an LBP waste first tests nonhazardous in TCLP due to the masking effect of an iron abrasive but exhibits the characteristic prior to disposal, all hazardous waste regulations apply. LBP abatement wastes that are characteristic for lead may be stabilized on site during accumulation in tanks or containers without a permit.
 
06/06/1991INDUSTRIAL FURNACE WHICH CEASES BURNING STATUS UNDER BIF REGULATIONMemo
 Description: If an industrial furnace ceases making product or halts industrial activity and burns hazardous waste for destruction, the unit is no longer a cement kiln, and must obtain Subpart O incinerator permit.
 
06/05/1991CERTIFICATION/NOTIFICATION FOR MULTIPLE-CONSTITUENT WASTES SUBJECT TO LDRSMemo
 Description: Waste as a whole, not individual constituents, must be certified to meet the treatment standards. If waste as generated meets the treatment standards for some constituents but not others, the generator must notify the TSDF that waste does not meet the land disposal restrictions (LDR) treatment standard.
 
06/05/1991TWO WASTE OIL MANAGEMENT PRACTICES REGULATORY STATUSMemo
 Description: Used oil (UO) applied/sprayed as a coal dust suppressant before burning coal as a fuel may be legitimate recycling depending on the amount used and the constituents in the UO. A UO and coal mixture is subject to the Part 266, Subpart E (SUPERSEDED: see Part 279) UO burning requirements. Characteristic UO used as a substitute ingredient for diesel in an ammonium nitrate fuel oil (ANFO) explosive may not be legitimate recycling. If UO is not a legitimate ingredient, mixing it with ammonium nitrate is treatment, and the mixture, when exploded, may be subject to the open burning/open detonation regulations of 265.382. Addresses RCRA/ Mine Safety and Health Administration (MSHA) interface. There is an overlap between EPA and MSHA, but neither agency’s jurisdiction supersedes the other’s.
 
05/31/1991DRIPPAGE IN WOOD PRESERVING STORAGE YARDSMemo
 Description: Incidental drippage after the removal of treated wood from drip pad is not illegal hazardous waste disposal, provided the owner and/or operator responds immediately. An immediate response determination is site-specific. A facility must have a contingency plan and must keep records of the response.
 
05/29/1991NO-MIGRATION PETITION FOR CONOCO, MTMemo
 Description: The determination of environmental threats from land treatment facilities seeking land disposal restrictions (LDR) no-migration petitions are based on sensitivity of environmental receptors, presence of exposure pathways to receptors, and exposure to contaminants at hazardous levels. Discussion of criteria required to properly assess such threats.
 
05/17/1991RCRA CORRECTIVE ACTION PROGRAMMemo
 Description: Discusses EPA’s long term corrective action strategy including; prioritization initiatives, stabilization policies, tailoring corrective action based on site-specific factors, future changes to RCRA Statute and regulations, and strategies for permitting interim status facilities.
 
05/02/1991CLOSURE STANDARDS FOR HAZARDOUS WASTE LAND TREATMENT UNITSMemo
 Description: Soil sampling is usually required during land treatment unit closure and post-closure as part of the unsaturated zone monitoring. If the treatment unit is removed as a part of clean-closure, the soil-core monitoring may be suspended at the completion of the closure period. Discusses guidance on intervals for, and duration of, soil sampling during closure and post-closure. There is no EPA-approved methods for determining degradation rates. Closure of a land treatment unit may take up to 360 days. Discussion of closure and post-closure standards for a land treatment units when migration of hazardous constituents has occurred. Discussion of closure standards when groundwater is contaminated at levels below alternate concentration levels specified in a facility permit. The post-closure period for a land treatment unit cannot be terminated until owner or operator has successfully demonstrates that all groundwater at the site is safe for all potential receptors. Discuses addressing migration of constituents of concern outside of the treatment zone during closure versus under corrective action. There are no regulatory provisions requiring corrective action when migratory constituent concentrations exceed regulatory levels of concern in groundwater at an interim status land treatment facility (3008(h)). Discussion of when closure is considered complete.
 
04/26/1991FEDERAL HAZARDOUS WASTE GENERATOR NOTIFICATION POLICYMemo
 Description: Discusses the policy on releasing information on TSDF enforcement actions to federal generators. Addresses the use of the CERCLA "off-site policy" and the Federal Government Notification System to provide information. Non-federal generators must submit Freedom of Information Act requests.
 
04/22/1991NO-MIGRATION PETITION FOR ATLANTIC REFINING & MARKETING, PAMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to releases from the land treatment facility in excess of health based levels, inadequate soil and groundwater monitoring system, noncompliance with other regulatory requirements.
 
04/16/1991LAND DISPOSAL RESTRICTIONS APPLICABILITY TO INVESTIGATIVE DERIVED WASTEMemo
 Description: The temporary container storage of investigative-derived wastes within an area of contamination (AOC) followed by disposal within the original AOC does not trigger land disposal restrictions (LDR). The movement to separate storage and/or treatment area followed by replacement may trigger treatment. A single drum is not considered a unit. Drums and land on which drums are placed may constitute container storage areas.
 
03/27/1991USE OF THE PROPOSED SUBPART S CORRECTIVE ACTION RULE AS GUIDANCE PENDING PROMULGATION OF THE FINAL RULEMemo
 Description: The interpretive portions of proposed the Subpart S corrective action rule may be used as guidance (55 FR 30798; July 29, 1990). The proposed changes may not be used as guidance. The list and description of the July 29, 1990 proposal preamble is not available for use as guidance (SEE ALSO: 61 FR 19432; May 1, 1996).
 
03/26/1991SUBSURFACE FATE AND TRANSPORT MODELMemo
 Description: EPA‘s Composite Model for Landfills (EPACML) is a subsurface fate and transport model developed for national regulatory purposes, not site-specific use. EPA is proposing to use EPACML in delisting petitions. EPA discourages application of the model to site-specific corrective actions.
 
03/13/1991SMALL QUANTITY GENERATOR (SQG) REQUIREMENTS AND LIABILITIESMemo
 Description: If a generator receives the return copy of the manifest with the required signatures (generator, transporter, TSDF) and maintains proper records, the generator should be in compliance with RCRA Subtitle C even if the waste is subsequently remanifested and sent by the TSDF to another facility for further treatment. A generator retains potential liability under CERCLA for future mismanagement.
 
03/08/1991SLUDGES WITHIN SURFACE IMPOUNDMENTS, NEWLY REGULATED DUE TO TC RULEMemo
 Description: Toxicity characteristic sludges that are generated in surface impoundments are solid waste (discarded by being abandoned). The sludges are solid waste subject to regulation not only when the surface impoundment is cleaned or closed but when sludge is generated (sludges are generated at the moment of deposition at the bottom of a unit).
 
02/22/1991PERFORMANCE STANDARDS FOR DISPOSAL IN SALT DOMESMemo
 Description: RCRA Section 3004(b)(1) remains effective for salt domes until EPA promulgates specific regulations. RCRA Section 3004(b)(2) does not require promulgation of specific regulations. Subpart X would cover salt domes.
 
02/11/1991STATE INTERPRETATIONS OF THE WASTEWATER TREATMENT UNIT EXEMPTIONMemo
 Description: States and regions determine what is wastewater for the purpose of the wastewater treatment unit (WWTU) exemption, since EPA has not defined the term. Authorized states' interpretations of the WWTU definition and other regulations may be more stringent than EPA interpretations.
 
02/05/1991NO-MIGRATION PETITION FOR KERR-MCGEE REFINING, OKMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below land treatment facility, inadequate groundwater monitoring system, and failure to maintain minimum separation between high water table and bottom treatment zone.
 
02/05/1991POHC SELECTION FOR RCRA HAZARDOUS WASTE TRIAL BURN - USE OF 1,2,3-TRICHLOROBENZENEMemo
 Description: It is permissible to select principal organic hazardous constituent (POHC) not in Part 261, Appendix VIII if the incinerator facility demonstrates another constituent is appropriate and more suitable.
 
01/17/1991NO-MIGRATION PETITION FOR SUN REFINING, OKMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to hazardous constituents below treatment zone, inadequate groundwater monitoring system, inability to maintain minimum distance between treatment zone and high water table, and failure to demonstrate no constituents will migrate beyond the land treatment unit.
 
01/07/1991APPLICABILITY OF ""SUPERFUND LDR GUIDES""Memo
 Description: Discusses the use of Superfund and NCP guidance at RCRA sites. The area of contamination (AOC), placement concept, and land disposal restrictions (LDR) treatability variances apply to RCRA corrective action, state, and voluntary cleanups of RCRA waste. In-situ treatment may not be placement.
 
01/04/1991SOLID WASTE MANAGEMENT UNIT (SWMU) DETERMINATIONMemo
 Description: Tanks used exclusively to store product are not solid waste management units (SWMUs). Agency may use RCRA Section 3005(c)(3) omnibus provision to address leaks from product tank (SEE ALSO: 50 FR 30798; July 27, 1990).
 
01/03/1991NO-MIGRATION PETITION FOR KOCH'S REFINING, TXMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below the treatment zone and in the groundwater from the land treatment unit.
 
12/20/1990THIRD THIRD LAND DISPOSAL RESTRICTIONS FINAL RULEMemo
 Description: Lab packs going for incineration can be packed in fiber drums, not just metal drums. Discusses the definition of inorganic solid debris. Empty containers may be hazardous if characteristic. A treatment facility must support the determination that waste meets the treatment standard with analytical data. Piped transfers from a recycling facility to an off-site TSDF is subject to land disposal restrictions (LDR) notification (SEE ALSO: 62 FR 25997; May 12, 1997).
 
11/20/1990LDR RULES REGARDING ALTERNATIVE TREATMENT STANDARDS FOR LAB PACKSMemo
 Description: A person who incinerates lab packs may use fiber drums in place of metal outer containers. Fiber or wood boxes or other containers that do not meet the DOT specifications for fiber drums may not be used as outer containers for lab packs.
 
11/19/1990SELECTION OF NON-USEPA APPROVED METHODS FOR SUBPART X PERMITSMemo
 Description: The draeger tubes and supercritical fluid chromatography is an inappropriate test method for air emissions of 11 constituents from open burning/open detonation (OB/OD). The appropriate methods is found in SW-846, Ambient Air Test Methods Compendium, OAQPS, manufacturers, and NIOSH.
 
11/08/1990NO-MIGRATION PETITION FOR AMOCO REFINERYMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to an inadequate groundwater monitoring system and the presence of hazardous constituents below the treatment zone at land treatment facility.
 
11/08/1990NO-MIGRATION PETITION FOR SINCLAIR OIL, OKMemo
 Description: Discusses EPA’s dismissal of a land disposal restrictions (LDR) no-migration petition due to failure to have a monitoring plan that detects migration from land treatment facility at the earliest practicable time and the presence of hazardous constituents in the groundwater.
 
11/07/1990NO-MIGRATION PETITION FOR SHELL OIL, WAMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below land treatment zone, and failure to have a monitoring plan that detects migration at the earliest practicable time.
 
11/07/1990NO-MIGRATION PETITION FOR STAR ENTERPRISE, DEMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no migration petition due to the presence of constituents below land treatment zone and in groundwater.
 
11/06/1990NO-MIGRATION PETITION FOR MARATHON PETROLEUM, ILMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below land treatment unit, inadequate groundwater monitoring system, and inability to maintain minimum distance between treatment zone and high water table.
 
10/30/1990TRANSFER FACILITY REGULATION INTERPRETATIONMemo
 Description: A transportation company has one ID number. All company trucks are assigned the same number. Transporters may consolidate hazardous waste (HW) shipments at a transfer facility. They must indicate the new composition and re-manifest the waste to the original designated facility. A TSDF can be a transfer facility if it is not already the designated facility. Waste is in the custody of the last transporter that signed the manifest until the designated facility or the next transporter signs it. Transfer facilities are subject to HW discharge requirements. Burners and marketers must notify EPA of HW fuel activities, even if they already have ID numbers (SUPERSEDED: see Part 266, Subpart H).
 
10/24/1990NO-MIGRATION PETITION FOR ARCO PRODUCTS, WAMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to inadequate groundwater monitoring system, excessive hazardous constituent release to air, presence of hazardous constituents below the land treatment zone, and inability to maintain minimum separation between treatment zone and groundwater table.
 
10/09/1990CONTAMINATED SOIL AND DEBRIS TREATED REPLACEMENT UNDER A TREATABILITY VARIANCEMemo
 Description: Waste and residue treated under a treatability variance are regulated the same as waste treated to the applicable land disposal restrictions (LDR) standards. Soil and debris that is subject to a treatability variance are still managed as hazardous waste under contained-in policy. A variance is not that same as a delisting. An area of contamination (AOC) designated by the Region during RCRA corrective action is a RCRA unit. Waste is not subject to LDR and the unit is not subject to minimum technological requirements (MTR). Discusses corrective action management units (CAMUs).
 
09/26/1990SUBTITLE C IMPERMEABLE CAP REQUIREMENT FOR ON-SITE CONTAINMENT OF WOOD PRESERVING WASTESMemo
 Description: EPA grants ARAR waiver of landfill impermeable cap requirement for waste treated to land disposal restrictions (LDR) variance from treatment standard. The consolidation of wastes within an area of contamination (AOC), not replacement unit, does not trigger minimum technological requirements (MTR).
 
09/20/1990PETROLEUM REFINING WASTES AND EXEMPTIONS FOR WWTUSMemo
 Description: INCOMPLETE VERSION IN RCRAONLINE - A tank treating or storing wastewater or a wastewater treatment sludge can be a wastewater treatment unit (WWTU). A tank treating off-site hazardous waste (HW) can be a WWTU if the facility is designated to accept manifested HW. Only tanks and ancillary equipment can be WWTUs. Tank bottoms from fuel storage are CCPs and are not solid waste (SW) when used in fuel. Tank bottoms from refining process units are by-products and are SW when used in fuels. A refinery by-product used in a lubricant is a SW if it is listed (SEE ALSO: 261.4(a)(12) and 261.6(a)(3)).
 
08/23/1990TREATMENT STANDARDS AND THE BEVILLE EXCLUSIONMemo
 Description: Waste with technology land disposal restrictions (LDR) treatment standard must be treated to that standard. If the method is incineration (INCIN), the waste must be treated in an incinerator subject to Part 264 Subpart O or Part 265 Subpart O. Restricted wastes sent to a Bevill device or a BIF is still subject to LDR notification. Discusses a proposal to determine if resides from the co-processing of Bevill raw materials and hazardous waste remain excluded (SUPERSEDED: see Section 266.100).
 
08/15/1990TANK TREATMENT PROCESSESMemo
 Description: Circuit board manufacturing wastes can be F006 if electroplating is involved. Anodizing is electroplating. Chemical conversion coating is a non-electrical process and is not anodizing or electroplating for F006, F007, F008, F009. Wastewater is defined only for the land disposal restrictions (LDR). Containers and tanks storing hazardous waste (HW) before an off-site shipment are not wastewater treatment units (WWTUs). EPA did not intend to include containers in the definition of ancillary equipment. Generator accumulation starts when the waste first enters the container. HW sludge that is removed from a WWTU is subject to full regulation. A unit can be both a WWTU and an elementary neutralization unit (ENU). A wastewater treatment sludge is anything that precipitates or separates during treatment. F006 may be formed in an exempt unit.
 
08/08/1990LAB PACKS - LAND DISPOSAL RESTRICTIONS ASPECTSMemo
 Description: P046, P111, and U163 may be incinerated in lab packs. Lab packs destined for incineration in fiber drums are not required to be placed in metal containers.
 
07/31/1990MULTI-SOURCE LEACHATE AND TREATMENT STANDARDS OF LAND DISPOSAL RESTRICTIONSMemo
 Description: Waste codes not required on the manifest. A TSDF may rely on waste analysis data from the generator, but the TSDF must periodically test representative samples. A lab may certify for land disposal restrictions (LDR) as representative of the waste handler. Waste analysis parameters. Stabilization of cyanide to reduce leachability is an inappropriate treatment and generally impermissible dilution. No dilution of toxicity characteristic wastes if land disposed. Generators must determine characteristics. If a listed treatment standard addresses the characteristic, it operates in lieu of characteristic (even if less stringent). Prohibited waste only placed in a minimum technological requirement (MTR) surface impoundment if meets treatment standards, variance or extension, or 268.4. Notice and certification for de-characterized waste is sent to the implementing agency. F039 HSWA. Permitted TSDFs with F039 submit Class 1 modification by 8/8/90. Lab packs must be burned in Subpart O incinerator, not cement kilns.
 
07/11/1990LOSS OF INTERIM STATUS FROM NEWLY IDENTIFIED TC WASTESMemo
 Description: Discussion of loss of interim status (LOIS) dates for TSDFs subject to toxicity characteristic (TC) rule (55 FR 11798; 3/29/90). A facility that obtained interim status for the new TC waste is subject to federal requirements until the state is authorized for TC. Discussion of federal versus state regulation of TSDFs in authorized states that have not adopted TC rule. 3010 notification not required for facility that commenced treatment, storage or disposal after 6/27/90 but before 9/25/90.
 
07/11/1990NEWLY IDENTIFIED WASTE STREAMS AS A RESULT OF NEW TCMemo
 Description: Discuses the loss of interim status (LOIS) dates for TSDFs subject to the toxicity characteristic (TC) rule (55 FR 11798; March 29, 1990). A facility that obtained interim status for new TC waste is subject to federal requirements until the State is authorized for the TC rule. Discusses federal v. state regulation of TSDFs in authorized states that have not adopted the TC rule. RCRA Section 3010 notification is not required for a facility that commenced treatment, storage or disposal after June 27, 1990 but before September 25, 1990.
 
07/11/1990REQUIREMENTS FOR CLEANUP OF FINAL NPL SITES UNDER RCRAMemo
 Description: RCRA corrective action can be used at CERCLA NPL sites. 3008(h) actions at NPL sites need not comply with NCP remedy selection. Discussion of the relationship between RCRA corrective action and CERCLA NPL deletion and deferral. Discussion of CERCLA five year review at RCRA corrective action sites.
 
07/01/1990ADDING ABSORBENT TO WASTE CONTAINERSQuestion & Answer
 Description: An absorbent does not have to be added when the waste is first containerized to meet the absorbent exemption. Generators can accumulate waste in other containers before adding the waste to a container along with the absorbent.
 
07/01/1990Hazardous Waste TSDF - Technical Guidance Document for RCRA Air Emission Standards for Process Vents and Equipment LeaksPublication
 Description: This document is designed to provide technical guidance for RCRA permit writers and reviewers to implement the process vent and equipment leak organic air emission standards for hazardous waste treatment, storage, and disposal facilities (TSDFs). This guidance document provides information needed to assess the applicability of the air standards for process vents and equipment leaks to TSDF emission sources and the conformance of emission controls to standard requirements. The document can also be used as a reference to train RCRA permit writers, reviewers, and applicants (hazardous waste TSDF owners and operators).
 
06/19/1990STABILIZED WASTE PICKLE LIQUOR FROM STEEL/IRON INDUSTRYMemo
 Description: Lime-stabilized K062 spent pickle liquor is not exempt from the derived-from rule if characteristic. For the exemption, the K062 must be stabilized at an iron and steel manufacturer. Lime stabilization at a commercial TSDF does not qualify.
 
06/04/1990REGULATORY INTERPRETATION OF OBJECTION TO CLEAN-CLOSURE EQUIVALENCY PETITION FOR STEEL ABRASIVES, INC.Memo
 Description: All landfills, surface impoundments, waste piles, and land treatment units that received waste after July 26, 1982 are subject to post-closure permitting and Part 264 Subpart F standards unless the owner demonstrates that closure under the previous Part 265 standards met Part 264 closure by removal standards (SUPERSEDED: See 63 FR 56711; October 22, 1998). Under RCRA 3005(i), EPA has the authority to revisit interim status clean closures and require post-closure permits if closure does not meet closure by removal standards of Part 264. In order to demonstrate clean closure, an owner generally should remove “hot spots” of contamination.
 
06/01/1990APPLICABILITY OF WASTEWATER TREATMENT UNIT EXEMPTIONMemo
 Description: Discussion of wastewater treatment unit (WWTU) applicability to connected tanks located at different properties. Tanks at different facilities that ultimately discharge to the same CWA outfall can all qualify as WWTUs if each facility or tank and effluent is identified or controlled by NPDES permit or other CWA effluent limit.
 
05/28/1990FINANCIAL RESPONSIBILITY REQUIREMENTS - CERTIFYING CLOSUREMemo
 Description: Owners and operators need to record notations on the property deeds within 60 days of certifying closure. Financial assurance ends within 60 days of receiving certification of final closure.
 
05/11/1990CONOCO PART B PERMITSMemo
 Description: Pending decision on land disposal restrictions (LDR) no-migration petition, a facility may dispose nonhazardous waste in a land disposal unit undergoing delay of closure after permit modification. If a no-migration petition is denied, the unit must undergo final closure unlessthe facility can receive nonhazardous waste.
 
05/09/1990INDUSTRIAL WASTE DISPOSAL IN PROXIMITY TO WETLANDSMemo
 Description: Historical discussion on location restrictions for municipal solid waste landfills, and EPA’s intent to evaluate industrial waste landfills, characterize wetlands, and develop location standards for hazardous waste management facilities.
 
05/07/1990INTERIM SOIL LEAD CLEANUP LEVELS AT RCRA FACILITIESMemo
 Description: Interim guidance on establishing soil lead cleanup levels at RCRA facilities for closure and corrective action. Background levels may be appropriate as cleanup levels. Discusses the applicability of lead cleanup levels presented in OSWER Superfund directive 9355.4-02.
 
04/27/1990DEGRADATION, TRANSFORMATION OR IMMOBILIZATION IN TREATMENT ZONEMemo
 Description: The land treatment facility requirement for complete degradation, transformation, or immobilization in the treatment zone means that there will be no statistically significant release to the environment from the treatment zone.
 
04/19/1990CHLORINE EMISSIONS FROM HAZARDOUS WASTE INCINERATORSMemo
 Description: Possible proposed amendment to monitor free chlorine in addition to hydrogen chloride emissions for incinerators (See 61 FR 17358; April 19, 1996 proposal).
 
03/29/1990INCINERATOR RESIDUES FROM TRIAL BURNMemo
 Description: The residues from an incinerator trial burn that uses carbon tetrachloride and chlorobenzene are U211 and U037. Using a material for an incinerator trial burn is intent to dispose.
 
02/22/1990D001 CHARACTERISTIC WASTES - LAND DISPOSAL RESTRICTIONSMemo
 Description: Waste cannot be disposed of unless treated to land disposal restrictions (LDR) treatment standards, disposed in no-migration unit, or subject to exemption or variance from treatment standards. D001 ignitable waste must be treated to treatment standard before disposal. There are special requirements for ignitable wastes placed in a surface impoundment, landfill, waste pile, and land treatment unit.
 
01/25/1990BODILY INJURY/PROPERTY DAMAGE CLAIMS AT TSDFSMemo
 Description: Owners or operators must notify the Regional Administrator (RA) in writing within 30 days of making a claim for bodily injury or property damage.
 
12/20/1989APPLICABLE LAND DISPOSAL RESTRICTIONS TO REINJECTION OF TREATED CONTAMINATED GROUNDWATER UNDER CERCLA AND RCRA CORRECTIVE ACTIONSMemo
 Description: RCRA 3020 allows reinjection of contaminated groundwater that contained hazardous waste into aquifer from which it was withdrawn. Discusion of the applicability of land disposal restriction (LDR) treatment standards to the reinjection of treated contaminated groundwater associated with CERCLA and RCRA cleanup or corrective action.
 
11/30/1989OPERATED TO CONTAIN, DEFINITIONMemo
 Description: Secondary containment should consist of a barrier operated to contain the volume of the largest tank plus precipitation from a 25-year 24-hour storm. The acceptability of secondary containment consisting of operational control such as pumps is site specific.
 
11/17/1989NITRIC ACID WASTE CHARACTERIZATIONMemo
 Description: While Federal regulations do not require waste codes on the manifest, nitric acid waste that is both ignitable (D001) (i.e., an oxidizer) and corrosive (D002) must be managed in compliance with all special requirements for D001 (e.g., 264.17) and D002 wastes. A waste exhibiting two characteristics carries two waste codes.
 
11/13/1989APPLICABILITY OF RCRA LAND DISPOSAL RESTRICTIONS TO CERCLA RESPONSE ACTIONSMemo
 Description: Excavation and redeposition of hazardous waste into the same unit or area of contamination (AOC) at a CERCLA site is not land disposal. Groundwater removed from a CERCLA site and disposed in an UIC well offsite is subject to land disposal restrictions (LDR). Contaminated groundwater injected into aquifer from which it was withdrawn is exempt from LDR.
 
11/01/1989SECONDARY CONTAINMENT SYSTEMS FOR HAZARDOUS WASTE TANKSQuestion & Answer
 Description: Petroleum tanks may be installed within the same secondary containment as hazardous waste tanks. The secondary containment must be large enough to contain 100% of capacity of largest hazardous waste tank.
 
10/17/1989INCINERATOR METALS EMISSIONS CONTROLSMemo
 Description: The use of health based levels ensures corrective measures are required only when health risk present. The appropriate risk level for pollutants is based on case specific factors. Presuming all chromium to be hexavalent is conservative. EPA is considering revising the particulate matter standard for incinerators in the future.
 
10/15/1989INTERIM STATUS REQUIREMENTS FOR NRC LICENSEES MANAGING RADIOACTIVE MIXED WASTE, CLARIFICATIONMemo
 Description: Discusses the applicability of radioactive mixed waste regulations to interim status facilities, and guidance on obtaining interim status for mixed waste management in unauthorized states. Mixed waste TSDF owners in unauthorized states must be in existence as of July 3, 1986, and must submit a Part A application by March 24, 1989. Land disposal facility owners must submit a Part B permit by September 24, 1989.
 
10/05/1989DEFINITION OF A LIQUID AS IT APPLIES TO IGNITABLE AND CORROSIVE WASTES; LIQUID AS IT APPLIES TO IGNITABLE OR CORROSIVE WASTESMemo
 Description: The definition of liquid depends on the specific regulatory application for ignitable (D001), corrosive (D002), and extraction procedure (EP) (SUPERSEDED: see 261.24). For toxic wastes, liquid is defined as the material expressed from the waste in Step 2 of Method 1310. Liquids produced from paint filter test are generally also liquids under Method 1310 (SEE ALSO: 60 FR 3092; January 13, 1995). Only wastes containing a liquid component are subject to the flash point test (ignitability (D001)) and the pH test (corrosivity (D002)). Method 9095 is used to determine if a waste is prohibited from disposal in a landfill for containing free liquids. Method 9096 is a draft procedure for determining if adsorbents contain releasable liquids. Adsorbents containing releasable liquids are prohibited from disposal in a landfill by HSWA.
 
10/01/1989INTEGRITY ASSESSMENT FOR HAZARDOUS WASTE TANKS AND POST-CLOSURE REQUIREMENTSQuestion & Answer
 Description: Tanks without secondary containment must comply with the closure/post closure requirements, even if the tank’s owner and/or operator completes a successful integrity assessment. An owner and/or operator must submit a closure plan for the decontamination of a tank system and a contingency plan for post-closure care. Post-closure care is required only if decontamination cannot be performed.
 
09/26/1989WASTEWATER TREATMENT UNIT EXEMPTIONMemo
 Description: Wastewater treatment units (WWTUs) receiving off-site wastewater meets the WWTU exemption provided prior shipment or treatment does not violate NPDES or pretreatment requirements. Tank storage or treatment prior to shipment is not exempt.
 
09/07/1989PUBLIC PARTICIPATION REQUIREMENTS FOR CLOSURE PLAN APPROVALMemo
 Description: A closure plan modification that meets the criteria for a Class 2 or Class 3 permit modification is subject to public notice and participation when submitted for approval.
 
08/22/1989DELAY OF CLOSURE RULE PREAMBLE LANGUAGE, CORRECTIONMemo
 Description: Discussion of a correction to the 8/14/89 Federal Register (54 FR 33376, Delay of Closure Rule). The 264.113(d)(4) regulatory language concerning the deadline for permit modification requests is correct while the preamble language is incorrect.
 
08/10/1989GUIDANCE ON HOW TO COORDINATE PERMIT 3004(U) AND ORDER 3008(H) REQUIREMENTS FOR CORRECTIVE ACTIONMemo
 Description: Issuance of permit requiring corrective action does not absolve facility from compliance with previous Section 3008(h) corrective action order. Section 3008(h) order effective until specifically terminated. Section 3004(u) covers release from solid waste management unit (SWMU). Section 3008(h) is not linked to specific unit.
 
07/20/1989LIQUID, FREE LIQUID, RELEASABLE LIQUID DEFINITIONSMemo
 Description: Liquid for purposes of corrosivity (D002) determined by Method 1310 (extraction procedure (EP)). The definition of free liquid applies to the prohibition of liquids in landfills. Definition of releasable liquid applies to absorbent materials that might release liquids (SEE ALSO: current Sections 264.314(e), and 265.314(f)).
 
07/05/1989CHARACTERISTIC HAZARDOUS WASTE OR SOLID WASTE TREATMENT MAY CREATE A LISTED HAZARDOUS WASTEMemo
 Description: Waste derived from the treatment of waste listed solely for exhibiting a characteristic (e.g., F003) is listed unless mixed with solid waste and the mixture no longer exhibits a characteristic (SUPERSEDED: 66 FR 27266; 5/16/01; SEE ALSO RPC# 11/4/92-01). The treatment of nonhazardous or characteristic electroplating wastewater can generate a listed F006 sludge, whether treatment occurs at generator facility or off-site TSDF.
 
06/23/1989REGULATION OF CANCELLED PESTICIDESMemo
 Description: Until the FIFRA regulations are amended to reflect RCRA Subtitle C storage standards, the regulations applicable to storage of suspended or canceled U-listed pesticides (silvex and 2,4,5-T) are determined on a case-by-case basis (SUPERSEDED).
 
06/15/1989INTERPRETATION OF RCRA REGULATIONS PERTAINING TO THE REMEDIATION OF CONTAMINATIONMemo
 Description: Exemption from permitting requirements for emergency response is not valid after the immediate response is complete. The presence of soil or groundwater contamination may indicate disposal of hazardous waste requiring a facility to obtain a permit for land disposal, even if the owner has agreed to conduct a voluntary cleanup to the state’s specifications. A post-closure permit may be appropriate.
 
06/01/1989APPENDIX VIII AND APPENDIX IXQuestion & Answer
 Description: Explains the differences between Part 261 Appendix VIII and Part 264 Appendix IX. EPA uses 261 Appendix VIII in listing hazardous wastes, but it should not be used by generators in waste identification. 264 Appendix IX is used only for groundwater monitoring at permitted facilities.
 
05/25/1989SOIL CLEANUPS FOR LEAD - CLEANUP STANDARDS FOR CLEAN CLOSUREMemo
 Description: Discusses OSW’s approach to setting lead cleanup standards in soil and background levels compared to Superfund proposed levels (SEE ALSO: RPC# 5/7/90-01).
 
05/16/1989ACCEPTABLE BOND RATINGS FOR USE IN SUBTITLE C FINANCIAL TESTMemo
 Description: Alternative bond ratings may be used to meet the conditions of the financial test.
 
05/16/1989DELAY OF CLOSURE PERIOD FOR HWM FACILITIESMemo
 Description: Under limited circumstances, landfills, surface impoundments, and land treatment units may remain open after the final receipt of hazardous waste in order to receive nonhazardous waste.
 
05/05/1989PLACEMENT OF STABILIZED WASTES THAT DO NOT MEET LAND RESTRICTION REQUIREMENTSMemo
 Description: Waste must meet treatment standards before it is placed in a land disposal unit. A land disposal restrictions (LDR) equivalent method variance may be granted if the technology is equivalent or better than best demonstrated available technology (BDAT). A no-migration variance must be based on the period that the waste is hazardous. Bulk or non-containerized liquid hazardous waste must pass the paint filter liquids test prior to placement in a landfill.
 
04/01/1989GENERATOR CLOSURE/FINANCIAL REQUIREMENTSQuestion & Answer
 Description: LQGs must comply with 265.111 and 265.114. SQGs need only comply with the applicable accumulation unit closure requirements. Generator tanks which cannot meet the closure performance standards must close as a landfill and comply with 265, Subparts G and H.
 
03/30/1989CERTIFICATION PROCESS ON BIOTECHNOLOGICAL METHODS FOR REMEDIATION OF INDUSTRIAL FACILITIESMemo
 Description: EPA does not certify biotreatment technologies for the remediation of soil and groundwater, but will assist with determining the applicability of biotreatment technologies.
 
03/20/1989PERMIT REQUIREMENTS FOR ZERO WASTEWATER TREATMENT SYSTEMMemo
 Description: A "zero discharge" wastewater system must have NPDES permit, applicable effluent guideline, or pretreatment standard specifying zero discharge to qualify as wastewater treatment unit (WWTU). A zero discharge system returning all treated water to production avoids CWA rules but does not automatically qualify for the totally enclosed treatment unit (TETU) exemption. A wastewater treatment system using open tanks and not restricting escape of contaminant to air is not a TETU. Illegal discharge of hazardous waste to river may be "subject to" CWA and eligible for industrial discharge exclusion, although discharge is a CWA violation subject to EPA enforcement action.
 
03/14/1989SECONDARY CONTAINMENT FOR EXISTING HAZARDOUS WASTE TANK SYSTEMSMemo
 Description: Secondary containment is a component of a tank system. A new secondary containment system for an existing tank system must be certified. A certified written assessment should provide information to the permit writer and enforcement official to evaluate the basis for the certifier’s assessment.
 
03/14/1989SUMMARY OF ASSISTANCE BRANCH PERMITTING COMMENTSMemo
 Description: Discusses an automatic waste feed shut-off design for munitions deactivation (popping) furnaces and fugitive emissions control from popping furnaces. Pits used for dewatering and open burning are surface impoundments, not miscellaneous units. EPA can use omnibus provisions to impose additional controls on open burning in surface impoundments. Waste explosives that do not have the potential to detonate cannot be destroyed in open burning/open detonation (OB/OD) units. Solvents contaminated with explosives that have the potential to detonate can be open burned. Because open burning/open detonation (OB/OD) of waste explosives is treatment, not disposal, the land disposal restrictions (LDR) do not apply. Treatment residues may be subject to LDR. Clarifies when the disposal of explosives requires a permit and when unused explosives become wastes (SEE ALSO: 62 FR 6622; 2/12/97). Burning commercial fuel in fire training exercises is not regulated under RCRA. Discusses methods of determining soil background levels for the clean closure of surface impoundments and waste piles, circumstances in which the unit type can be redesignated during interim status, cleanup standards for corrective action, compliance points for soil and groundwater cleanup, timing of corrective action cleanup activities and site monitoring, termination of groundwater corrective action, the use of institutional controls, the use of trial burn data from one facility at other incinerators, the evaluation of trial burn plans for popping furnaces, and the use of in-place hydraulic conductivity testing during liner installation for surface impoundments and landfills. A landfill’s clay layer component of the final cover must be completely below the average frost depth. Addresses the use of natural material (calcium carbonate) and cement kiln dust in waste stabilization, the use of the RCRA corrective action plan (CAP) in HSWA permit preparation, the use of the 261.4(f)(2) authority to implement Subpart X standards in RCRA authorized states, and the permitting deadlines for Subpart X facilities.
 
03/13/1989COMBINED NRC-EPA SITING GUIDELINES FOR DISPOSAL OF COMMERCIAL MIXED LOW-LEVEL RADIOACTIVE AND HAZARDOUS WASTEMemo
 Description: Dual authority exists between EPA and the Nuclear Regulatory Commission (NRC) over radioactive mixed waste. Discusses the combined NRC/EPA siting guidelines.
 
03/02/1989FINANCIAL ASSURANCE FOR CORRECTIVE ACTION BEYOND FACILITY BOUNDARIESMemo
 Description: Discusses the circumstances under which the financial assurance liability instruments (insurance policy, letter of credit, surety bond, corporate guarantee, trust fund, and financial test) can be used to satisfy financial responsibility for corrective action beyond facility boundaries (off site). EPA does not believe the requirement for financial assurance for corrective action beyond the facility boundary duplicates other financial assurance requirements.
 
02/27/1989USE OF OMNIBUS AUTHORITY TO CONTROL EMMISSIONS OF METALS, HCL, AND PICS FROM HAZARDOUS WASTE INCINERATORSMemo
 Description: The omnibus authority (3005(c)(3)) can be used to control emissions (metals, HCl, products of incomplete combustion) from incinerators prior to promulgation of modified Subpart O regulations. Section 3005(c)(3) gives permit writers authority to apply permit conditions as necessary. Discussion of the establishment of interim controls for facilities that have already conducted trial burns or have approved trial burn plans.
 
01/09/1989STANDARDS FOR SECONDARY CONTAINMENT OF HAZARDOUS WASTE TANK SYSTEMSMemo
 Description: A secondary containment system to which coating or lining is applied must be certified. The coating or liner installed with a new tank system or as secondary containment requires certification. Where certification is not required, a statement from the manufacturer or the installer should be in a file.
 
12/12/1988SECONDARY CONTAINMENT SYSTEMS CERTIFICATIONMemo
 Description: An independent, qualified, registered, professional engineer must certify a new tank system and secondary containment. A secondary containment system is not required to account for rare catastrophic failures. There is no defined quantity of released waste specified for automatic shut-off devices. The acceptance of a shut-off device is determined by site. A pressurized pipe means aboveground piping through which waste is transferred via pump, but not by suction pump.
 
12/09/1988STAYING HSWA PERMIT CONDITIONSMemo
 Description: The state and federal portions of a joint permit may be issued at different times. The issuance of the HSWA portion of a joint permit does not terminate a facility’s interim status. 3004(u) corrective action proceedings can become effective when a permit is issued, even if all permit appeals are not completed. The Regional Administrator (RA) sometimes has the discretion to stay or delay the effective date of the HSWA portions of an appealed state permit.
 
12/01/1988FINANCIAL ASSURANCEQuestion & Answer
 Description: The nonsudden liability coverage / financial assurance requirements are on an owner / operator specific basis, not on a facility specific basis. An owner of three TSDFs is required to demonstrate coverage for only $3 million per occurrence (not $9 million) (SEE ALSO: RPC# 10/1/88-02).
 
12/01/1988LAND DISPOSAL RESTRICTIONS: SOILS AND DEBRIS FROM RCRA CORRECTIVE ACTIONQuestion & Answer
 Description: All soil and debris contaminated with first third waste with incineration as a treatment standard qualify for a capacity variance. A variance for solvent, dioxin, or California-listed contaminated soil and debris is applied to waste generated by a CERCLA response action or a RCRA corrective action (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
11/30/1988LEAKING OR DAMAGED EXPLOSIVESMemo
 Description: The treatment of leaking or damaged explosives, or undetonated explosives left after an initial firing attempt, may fall within the scope of the immediate response exemptions in 264.1(g)(8), 265.1(c)(11), and 270.1(c)(3) (SEE ALSO: 62 FR 6622; 2/12/97).
 
11/02/1988PERMIT REQUIREMENTS RELATING TO ON-SITE TREATMENT AND WASTEWATER TREATMENT UNIT EXEMPTIONSMemo
 Description: The 262.34 accumulation unit permit exemption is not relevant to exempt wastewater treatment units (WWTUs) (SEE ALSO: RPC# 2/1/1995-01). For the WWTU exemption, wastewater is less than 1 percent total organic carbon (TOC) and less than 1 percent total suspended solids (TSS) (SUPERSEDED: see RPC# 2/11/1991-01). A generator in compliance with 262.34 is exempt from permitting for hazardous waste treatment or storage. Accumulation time begins at the moment the waste first enters the unit.
 
11/01/1988ADJUSTMENT OF POST-CLOSURE TRUST FUNDS USED FOR FINANCIAL ASSURANCEQuestion & Answer
 Description: The state or Regional Administrator (RA) must approve a release of funds from a trust fund when the fund amount exceeds the remaining post-closure costs.
 
10/28/1988APPLICABLITY OF LAND DISPOSAL RESTRICTIONS TO WASTES THAT ARE MOVED AND PLACED INTO ANOTHER LAND DISPOSAL UNITMemo
 Description: Hazardous waste removed from disposal units and placed in different land based units during remediation activities must meet land disposal restrictions (LDR) treatment standards for all applicable waste codes. Discussion of active management (SEE ALSO: 264, Subpart S).
 
10/27/1988PESTICIDE RINSEATE TREATMENT/RECYCLING SYSTEMMemo
 Description: Tanks with no discharge because effluent is recycled or otherwise handled cannot be wastewater treatment units (WWTU). Tanks that have eliminated discharge of effluent as direct result of CWA rules and limits (zero dischargers) can qualify as WWTUs. Reclaimed wastewaters are generally not products. In certain cases, treated wastewater that is legitimately reused is considered "reclaimed" and loses its solid waste status. Listed rinsewater destined for filtering and reuse is a spent material and a solid waste prior to reclamation. Rinsing nonempty containers that held P-listed or U-listed pesticide CCPs renders rinsate listed hazardous waste.
 
10/27/1988TREATMENT RESIDUALS OF CHARACTERISTIC HAZARDOUS WASTE AS A LISTED HAZARDOUS WASTEMemo
 Description: A sludge is F006 once it precipitates from an electroplating wastewater, whether at generator site or at off-site TSDF. Discussion of the derived-from rule for characteristic waste and waste listed solely for characteristic (SUPERSEDED: See RPC# 7/5/89-01; SEE ALSO: 66 FR 27266; 5/16/01). A generator is not required to identify the source of nonhazardous wastewater, but the TSDF responsible for assigning F006 to sludges. For improper waste characterization, correct the error on the manifest or reject the shipment. The generator and TSDF are potentially liable.
 
10/15/1988SURFACE IMPOUNDMENT RETROFITTING AND TIME ALLOWED FOR CLOSUREMemo
 Description: A surface impoundment in existence on 11/8/84 must meet the minimum technological requirements by 11/8/88 or cease receiving waste and close unless given an approved exemption. A permit as a shield is not applicable to 3005(j).
 
10/01/1988CHANGES DURING INTERIM STATUS (REVISES SEPTEMBER 1988 MRQ)Question & Answer
 Description: The cost of adding secondary containment to a tank system to comply with 265.193 is not included when calculating the 50% change to interim status reconstruction limit under changes during interim status (SEE ALSO: this guidance supersedes RPC# 9/1/88-01).
 
10/01/1988DEFINITION OF WASTEWATER TREATMENT UNITQuestion & Answer
 Description: The removal of wastewater treatment sludges or tank bottoms for off-site disposal does not disqualify tanks from being wastewater treatment units (WWTUs).
 
10/01/1988FINANCIAL ASSURANCEQuestion & Answer
 Description: The nonsudden liability coverage/financial assurance requirements are on an owner/operator specific basis, not a facility specific basis. An owner of three TSDFs is required to demonstrate coverage for only $3 million per occurrence (not $9 million).
 
09/19/1988QUESTIONS AND ANSWERS REGARDING THE HANDLING OF EXPLOSIVES AND COMMERCIAL FUELSMemo
 Description: Off-specification fuel (i.e., jet fuel, kerosene, gasoline) used to burn planes during a fire training exercise is not subject to regulation. The resulting soil contamination may later be subject to federal cleanup authorities. Law enforcement agents (BATF) transporting and detonating bombs and other reactive wastes may be exempt from RCRA Subtitle C regulation if the action is an immediate response. If it is not an immediate response, an emergency permit may be required (SEE ALSO: 62 FR 6622; 2/12/97). Dropping munitions on land and detonating bombs is not discard and is not regulated because it is the normal pattern of use. Unexploded ordnance or bullets removed from a firing range and sent for destruction via open burning/open detonation (OB/OD) are wastes subject to regulation. The open burning of hazardous waste (other than explosives) is prohibited (SEE ALSO: 62 FR 6622; 2/12/97).
 
09/02/1988SUMMARY OF ASSISTANCE BRANCH PERMITTING COMMENTSMemo
 Description: Aboveground bolted flange joints that are inspected daily do not need secondary containment. Joints where waste may contact the thread must meet the secondary containment requirement for tank ancillary equipment. A trench below tank waste lines may qualify as secondary containment if it is sized to contain a release and if the trench is dry so that leaks can be detected. Discusses the status of new tank systems at facilities permitted between 7/14/86 and 1/12/87. To meet the definition of a boiler, the combustion chamber and energy recovery section must be of integral design. A unit with a “post-combustion” chamber between the combustion and energy recovery sections is not a boiler. A unit with a combustion section connected to an energy recovery unit by a duct and a control system is not a boiler. A unit with innovative insulation installation does not qualify as boiler under a variance petition if the insulation does not provide significantly better performance. The determination of boiler efficiency should be conducted under controlled conditions following a method specified by the American Society of Mechanical Engineers. Thermal relief vents can be used in the design of a new incinerator, but a permit should require backup systems to minimize their use. Addresses the application of the minimum technology requirements (3004(o)) to the vertical and lateral expansions of surface impoundments and landfills. The minimum technology waiver petition was granted due to alternate design and operational factors. The 3004(o)(2) waiver petition that would prevent the migration of contaminated groundwater beyond the waste management area (e.g. surface impoundment) is inadequate because it does not prevent all groundwater contamination. Incinerators may be eligible for research, development, and demonstration (RDD) permits. Provides guidance on the duration of Research, Development, and Demonstration (RDD) permits beyond a calendar year and criteria for renewing RDD permits. Discusses the applicability of the new tank system regulations in authorized v. unauthorized states. Includes guidance on the selection of principal organic hazardous constituent (POHCs) and the use of surrogate v. actual wastes during the incinerator trial burn. The actual waste can be spiked during the trial burn to raise principal organic hazardous constituent levels. Addresses the sampling frequency during a trial burn. The mass feed rate of a principal organic hazardous constituent (POHC) input used for destruction and removal efficiency (DRE) calculations must equal mass feed rate in the wastestream only. When sampling for particulates and semi-volatile POHCs during an incinerator trial burn, two separate Modified Method 5 (MM5) trains should be used. Only one confirmatory sampling event is necessary to trigger compliance monitoring. Discusses the disposal of purged water generated during groundwater sampling and analysis. An owner of a landfill or surface impoundment submitting a no migration waiver petition must use a worst-case soil permeability factor in groundwater modeling. The constituent concentration, retardation factors, and constituent half-life must be evaluated when developing a model for a no migration waiver petition for a surface impoundment or a landfill (3004(o)(2)). The owner of a site with a complex hydrogeology should use a 2 or 3-dimensional model to support a no migration demonstration. Provides criteria for evaluating landfill composite bottom liner equivalency. Addresses the evaluation of a final cover slope using a soil loss equation. EPA recommends the use of glass vessels when performing compatibility testing on a high-density polyethylene (HDPE) liner. Scarifying and remolding do not meet the minimum technological requirements for a landfill secondary soil liner. A contingency plan must designate a sufficient number of emergency coordinators to provide 24-hour and vacation coverage. The federal regulations require a compressive strength test for stabilized wastes (going to a landfill) that pass the paint filter test only if true chemical stabilization has not occurred.
 
08/23/1988CORRECTIVE ACTION RULEMemo
 Description: Clarifies issues related to the RCRA corrective action rule (CAMUs, temporary units (TUs), point of departure, target levels, and protectiveness) (SEE ALSO: 55 FR 30798; 7/27/90 and 58 FR 8658; 2/16/93).
 
08/11/1988EXPLOSIVES PRESENTING AN IMMEDIATE SAFETY THREAT AND EXPLOSIVES STORED DURING ANALYSISMemo
 Description: The Bureau of Alcohol, Tobacco, and Firearms (BATF) transport of explosives to safe areas for destruction is exempt from RCRA Subtitle C requirements if it is an immediate response. Emergency permits are available for activities that do not constitute an immediate response. Immediate removal and destruction of explosive materials by law enforcement agencies may require an emergency RCRA Subtitle C permit. Emergency permits and provisional transporter ID numbers may be issued via telephone or in writing. Destruction of explosive wastes by open burning/open detonation is thermal treatment that must be conducted at a TSDF in compliance with Parts 264, 265, and 270. If destruction is conducted under a court order or the direction of U.S. Attorney's office, RCRA is not automatically waived (SEE ALSO: 62 FR 6622; 2/12/97). Explosive materials stored as legal evidence by the court or BATF become waste (i.e., is generated) when the court or BATF no longer has use for the explosives as evidence. Generators are defined both by person and by site. Each BATF field office or storage locker area where explosive material becomes a hazardous waste is an individual generation site requiring its own EPA ID number. Storage of waste explosives at BATF facilities is not subject to permitting if accumulation time does not exceed 90 days and other generator accumulation requirements are satisfied.
 
08/11/1988WASTE TREATMENT FACILITIES ACCEPTING F006 ELECTROPLATING WASTESMemo
 Description: Waste treatment and disposal facilities may temporarily reject waste that is subject to the new land disposal restrictions (LDR) treatment standards until the TSDF makes the appropriate process changes to meet regulatory requirements.
 
08/01/1988CLARIFICATION OF THE USE AND MANAGEMENT OF MOUNTAIN HOME AIR FORCE BASE FIRE TRAINING PITSMemo
 Description: The open burning of hazardous waste is prohibited except as provided in 265.382 for the burning of waste explosives. Only commercial fuels may be burned in a fire training pit. A release of a material that exhibits a characteristic onto land or water is illegal disposal unless the facility is permitted or interim status.
 
07/19/1988EFFECT OF LAND DISPOSAL RESTRICTIONS ON TRANSFER OF WASTE DURING FACILITY CLOSUREMemo
 Description: Transferring waste between units at an active facility or during closure is land disposal and triggers the land disposal restrictions (LDR) treatment requirements. In-situ treatment or movement of waste within the unit is not placement and so waste is not subject to LDR treatment standards.
 
07/01/1988ELEMENTARY NEUTRALIZATION UNITSQuestion & Answer
 Description: Waste pumped to an elementary neutralization unit (ENU) which is not treated for two months is not counted towards generator status. Waste is not subject to substantive regulation as long as it remains in an ENU.
 
07/01/1988PERMITTING ISSUES (DUPONT EDGEMORE FACILITY) - GUIDANCEMemo
 Description: A facility that received a permit for a unit that was never built is still subject to the permit conditions, including corrective action. The revocation of a permit issued by a state and federal EPA is a combined state and federal action. The revocation/ termination of the state portion of a permit does not affect the HSWA portion of the permit. Procedures for extending a permit beyond the expiration date include permit modification, revocation and reissuance, and continuation. If a permit expires, EPA could pursue corrective action under 3008(a) or 7003.
 
07/01/1988TANK REPLACEMENTQuestion & Answer
 Description: The replacement of a hazardous waste storage tank would not constitute final closure. There is no notification for the partial closure of a tank, container, or incinerator. While not specifically required, the tank and equipment should be decontaminated and the region or state implementing agency should be notified.
 
07/01/1988WASTEWATER TREATMENT UNIT/GENERATOR ACCUMULATION TANKQuestion & Answer
 Description: Wastewater treatment units (WWTUs) must be dedicated for use with an on-site wastewater treatment facility. Tanks occasionally or routinely used to store or treat wastewaters before off-site transfers are not WWTUs.
 
06/24/1988DRUM SHREDDER REGULATIONMemo
 Description: A drum shredder that processes containers filled with hazardous waste is a miscellaneous unit requiring a permit. Certain tank requirements may be appropriate for inclusion in the Subpart X permit.
 
06/20/1988SURFACE IMPOUNDMENT SAMPLING PLAN FOR HOLLOMAN AIR FORCE BASEMemo
 Description: Provides guidance on a delisting petition sampling plan at a facility with large-volume surface impoundments, drainage ditches, and lakes.
 
06/09/1988PUMP EXEMPTION FROM SECONDARY CONTAINMENTMemo
 Description: A Barrier Fluid Pump Sealing System may be similar to sealless pumps and may qualify for an exemption from the secondary containment requirement for tank ancillary equipment, but a site-specific determination is needed.
 
06/03/1988CONTAINMENT AND DETECTION OF RELEASE FROM HAZARDOUS STORAGE TANK SYSTEMSMemo
 Description: Daily visual monitoring is acceptable for a hazardous waste tank that is elevated above the ground. A grooved concrete pedestal is acceptable leak detection. A secondary containment system must be able to contain 100 percent of the largest hazardous waste tank plus rain from a 25-year 24-hour storm.
 
06/02/1988SECURITY REQUIREMENTS AT FACILITIESMemo
 Description: A facility where all the hazardous waste treatment and storage occurs within a building may be able to use the walls of building to comply with the 264.14(b)(2) security barrier requirement. The 264.14(c) sign requirements are still applicable.
 
06/01/1988HAZARDOUS WASTE TANKSQuestion & Answer
 Description: The age of a tank for the purposes of release detection requirements is based on when the tank was first installed, not when the tank was first used for hazardous waste storage.
 
06/01/1988HAZARDOUS WASTE TANKS - INSTALLATION/CERTIFICATION OF SECONDARY CONTAINMENTQuestion & Answer
 Description: Minor or routine replacements of tank system components do not need recertification by a professional engineer or an independent qualified installation inspector. The Agency intends this requirement to apply only to replacement components affecting the tanks structural integrity (i.e. new tanks, secondary containment, or extensive piping). Which new tank components need certification is a site-specific determination.
 
06/01/1988HAZARDOUS WASTE TANKS/CONTAINERS - CAPACITY OF SECONDARY CONTAINMENTQuestion & Answer
 Description: A vault containing both tanks and containers must be able to contain 100% of the largest tank. If that volume is greater than 10% of the containers’ volume, then no additional capacity is needed. 110% capacity is not required.
 
05/31/1988DEADLINES APPLICABLE TO PROPOSED DELAY OF CLOSURE REGULATION, GUIDANCEMemo
 Description: The proposed delay of closure rule (53 FR 20738; 6/30/88) would allow owners and operators of landfills and certain surface impoundments to delay closure to receive nonhazardous waste. Units which have lost interim status are not eligible for a delay of closure. Owners of units who wish to delay closure must obtain a permit or permit modification. Surface impoundments that are not retrofitted to meet the minimum technological requirements are subject to special requirements if the owner wishes to delay closure. Units that delay closure remain subject to Subtitle C. Units remain subject to the closure plan submission deadlines despite the proposed delay of closure rule (53 FR 20738; 6/30/88). Because the proposed rule is less stringent than the existing closure regulations, authorized states are not required to adopt the new provisions. Interim status units that cease receiving hazardous waste on 11/8/88 may continue to receive nonhazardous wastes until the closure plan is approved as well as during the closure period provided it does not impede closure.
 
05/27/1988SOIL BACKGROUND LEVELS AS CLEAN CLOSURE STANDARDS, USE OFMemo
 Description: Clean closure levels for surface impoundments, waste piles, and land treatment units must be based on EPA-recommended exposure levels or factors that have undergone peer review by EPA. Where no health-based levels exist, clean closure levels are based on background or exposure levels submitted by the owner based on toxicity data. Includes recommendations for clean closure levels for lead and cadmium. Lead background levels should be established by taking soil samples at an uncontaminated area of the facility or by using published literature data on lead levels in similar soils (SUPERSEDED: see RPC# 5/7/90-01).
 
05/18/1988THERMAL TREATMENT UNITS, SCOPE OF SUBPART XMemo
 Description: Subpart X covers units that are not regulated under 264 Subpart I - O or Part 146. The open burning or detonation of explosives is not land disposal except where residues remain hazardous. The open burning of solvents is prohibited.
 
05/13/1988INTERPRETATION OF 40 CFR 268.7 REQUIREMENTSMemo
 Description: Listings depend on how materials are used in a process, not only on the hazardous constituents. Restricted wastes that are treated, stored, disposed on site or sent off site are subject to the testing, recordkeeping, and manifest requirements. Wastes sent to a recycling facility are subject to the land disposal restrictions (LDR). Treatment residues are subject to LDR notification (SEE ALSO: 62 FR 25997; 5/12/97).
 
05/13/1988LAND DISPOSAL RESTRICTIONS TESTING AND RECORD KEEPING REQUIREMENTSMemo
 Description: Listings depend on how materials are used in a process, not only on the hazardous constituents. Restricted wastes that are treated, stored, disposed on site or sent off site are subject to the testing, recordkeeping, and manifest requirements. Wastes sent to a recycling facility are subject to the land disposal restrictions (LDR). Treatment residues are subject to LDR notification (SEE ALSO: 62 FR 25997; 5/12/97).
 
05/12/1988DEMONSTRATING EQUIVALENCE OF PART 265 CLEAN CLOSURE WITH PART 264 REQUIREMENTSMemo
 Description: Under 270.1(c), owners of interim status surface impoundments and waste piles who clean closed under the old Part 265 closure standards may demonstrate equivalency with the 264 closure standards. Discusses the contents of the demonstration equivalency and the procedures for submittal. If an attempt at a closure equivalency demonstration does not meet the 264 standards, the owner must submit a Part B permit application. Addresses the acceptability of specific information supporting equivalency demonstrations. An owner of an interim status landfill where waste was removed at closure can reclassify it as a waste pile and demonstrate clean closure equivalency, or the owner may request a shortened post-closure care period (SEE ALSO: 63 FR 56711; 10/22/98).
 
05/02/1988SPENT PICKLE LIQUOR CORROSIVITYMemo
 Description: Spent pickle liquor generated by a steel fabricator is not K062 since the facility is not in SIC codes 331 or 332. Nonlisted spent pickle liquor is corrosive if it corrodes 1020 steel at a rate of >0.25 inches/year. Nonlisted sludge from a pickling tank is D002 if pH of the sludge is < 2. The 264.314 liquids in landfills ban does not apply to nonhazardous waste disposal facilities.
 
05/01/1988HAZARDOUS WASTE TANK - LEAK DETECTIONQuestion & Answer
 Description: Tanks elevated above a concrete pad may use visual inspection for leak detection. Tanks resting on a concrete pad may use visual inspection if the pad is impermeable and sloped. A double bottomed tank may have a leak detection system installed in the interstitial space. A vaulted tank with leak detection within the vault walls is sufficient.
 
05/01/1988HAZARDOUS WASTE TANKS - EXISTING VS. NEW TANKQuestion & Answer
 Description: A tank installed in an existing hazardous waste sump in order to comply with the secondary containment requirements for tanks is a new tank and must be installed in compliance with the new tank requirements. A sump serving as secondary containment must have leak detection and meet all the applicable technical requirements.
 
05/01/1988RETROFITTING INTERIM STATUS SURFACE IMPOUNDMENTSQuestion & Answer
 Description: The conversion of an interim status surface impoundment into a landfill without triggering permitting would have to be approved under 270.72(c) (SUPERSEDED: See 270.72(a)(1)), and could not amount to “reconstruction” under 270.72(e) (SUPERSEDED: See 270.72(b)) under changes during interim status. An impoundment converted to a landfill in these circumstances would be an existing unit. If waste is removed and replaced, then the unit would be a replacement unit and would have to meet the minimum technology requirements (MTR) (3004(o)). If the waste addition exceeded the level in the Part A, then the unit would be an expansion subject to MTR.
 
04/29/1988ELEMENTARY NEUTRALIZATION EXEMPTIONMemo
 Description: Sumps, as defined in 260.10, are tanks. A neutralization sump and ancillary equipment handling corrosive-only wastewater qualify for the elementary neutralization unit (ENU) exemption.
 
04/28/1988MINIMUM TECHNOLOGICAL REQUIREMENTS WAIVER PETITION SECTION 3004(0)(2) (SHELL OIL)Memo
 Description: A facility’s proposed alternative to the double liner and leachate collection system requirement cannot be approved if it allows the migration of hazardous constituents into the groundwater, since this is not as effective as the standards outlined in 3004(o)(1)(A)(i).
 
04/22/1988MISCELLANEOUS UNITS SUBPART X, IMPLEMENTATION GUIDANCEMemo
 Description: Regions will implement the Subpart X program under 264.1(f)(2) until states revise their programs. Subpart X facilities subject to 3005(c) deadline are those with interim status by 11/8/84. Discusses permit application deadlines and content.
 
04/21/1988DISTILLATION OR FRACTIONATION COLUMN BOTTOMS FROM THE PRODUCTION OF CHLOROBENZENEMemo
 Description: Persons may petition EPA to add new types of units to the industrial furnace definition. Distillation or fractionation column bottoms from the production of chlorobenzene (K085) are by-products. Discussion of by-product versus co-product. Bottoms that must be further processed before use are not co-products. EPA intends to designate all materials introduced into halogen acid furnaces (HAFs) as inherently waste-like. A chlorinated by-product reused as ingredient in chlorinated feedstocks and muriatic acid is not a solid waste (SW) if no burning, reclamation, disposal, or speculative accumulation is involved (SUPERSEDED: see 56 FR 7134; 2/21/91). A generator must be able to provide supporting documentation for exempt wastes. If a material is a SW depends on the disposition, or intended disposition, of the material. Discussion of the regulatory status of a gas-fired thermal oxidizer. Discussion of the status of an oxidation reactor burning chlorinated benzene process streams in titanium dioxide production depends on if material is burned for energy recovery or as ingredient in industrial product (SUPERSEDED: see Part 266, Subpart H). Burning waste in an incinerator is destruction subject to incinerator standards.
 
04/19/1988CALL-IN OF STORAGE AND TREATMENT APPLICATIONSMemo
 Description: Pursuant to 3005(c)(2)(C), interim status treatment and storage facilities that were in existence on 11/8/84 must submit their Part B permit applications by 11/8/88, or their interim status will terminate on 11/8/92. A facility with only tanks, containers, or incinerators must submit a closure plan 45 days prior to the date that closure will begin.
 
04/19/1988CALL-IN OF STORAGE AND TREATMENT APPLICATIONS PRIOR TO 11/08/88 DEADLINEMemo
 Description: Pursuant to 3005(c)(2)(C), interim status treatment and storage facilities that were in existence on 11/8/84 must submit their Part B permit applications by 11/8/88, or their interim status will terminate on 11/8/92. A facility with only tanks, containers, or incinerators must submit a closure plan 45 days prior to the date that closure will begin.
 
04/11/1988INITIAL SOIL SURFACE TERM DEFINED IN LAND TREATMENT REGULATIONSMemo
 Description: The initial soil surface means the topographic level that was in existence when waste was first applied to a land treatment unit. Built-up material at a land treatment unit must not be excessive waste overloading the treatment system.
 
04/05/1988TESTING REQUIREMENTS AND SOLIDIFICATION ISSUES UNDER LAND DISPOSAL REQUIREMENTSMemo
 Description: The regulations do not require a specified frequency of testing for TSDFs or on-site disposal facilities. Generators must follow the waste analysis plan. Solidification may be considered dilution if the hazardous constituents are not immobilized. Performance based treatment standards may be met using any technology.
 
04/01/1988EFFECTIVE DATES FOR CHARACTERISTIC & LISTED WASTES PER 03/19/87 CLEAN CLOSURE REGULATIONMemo
 Description: Clarifies the applicability of the “Clean Closure Conforming Changes Rule” (52 FR 8704; 3/19/87) in authorized and unauthorized states. HSWA 3005(i) states that all units (e.g. surface impoundments) clean closed pursuant to the 265 standards are not relieved of post-closure care obligation until the owner demonstrates equivalency with the 264 standards.
 
04/01/1988GROUND-WATER MONITORING - COMPLIANCE PERIOD/POST-CLOSURE CARE PERIODQuestion & Answer
 Description: If the groundwater monitoring compliance period (CP) ends during the post-closure care period (PCCP), the groundwater detection monitoring program is reinstated until the PCCP is over. A facility could conceivably be required to start compliance monitoring or a corrective action program if further releases are detected. Provides a definition of the active life of a land unit.
 
04/01/1988GROUNDWATER MONITORING - ASSESSMENT MONITORING/CORRECTIVE ACTION AT CLOSED FACILITIESQuestion & Answer
 Description: An interim status facility that triggers a groundwater assessment program (265.93(d)) during post-closure is required to perform only one groundwater assessment. A facility that stopped receiving waste on or before 7/26/82 or closed on or before 1/26/83 would not require a post-closure permit. A 3013 enforcement order can require more groundwater monitoring. A 3008(h) interim status corrective action order can require remediation.
 
04/01/1988POST CLOSURE PLANS FOR HAZARDOUS WASTE TANKSQuestion & Answer
 Description: A permit can shield a tank owner/operator from the requirement to prepare a contingent post-closure plan. Contingent post-closure plans are only required for tanks without secondary containment. The region or state implementing agency may reopen and modify a permit issued before the tank regulations were revised (7/14/86) to require a plan if cause exists.
 
04/01/1988SECONDARY CONTAINMENT FOR HAZARDOUS WASTE TANKSQuestion & Answer
 Description: Double walled tanks do not need to be able to contain 100% of the waste in the system’s interstitial void.
 
03/31/1988GROUNDWATER MONITORING AT CLEAN-CLOSING SURFACE IMPOUNDMENT & WASTE PILE UNITSMemo
 Description: As a part of the clean closure certification process, EPA must review groundwater monitoring data to verify that there is no groundwater contamination from the unit. Units that have already certified clean closure without assuring clean groundwater must be reexamined. Owners of some clean-closed interim status units may be able to demonstrate that the groundwater is uncontaminated without installing a groundwater monitoring system. The 3008(a) enforcement authority can be used to obtain remedies and/or penalties under 3008(g). EPA may use 3008(h), 3013, and/or 7003 to investigate and respond to releases at units that ceased receiving waste prior to 7/26/82. EPA can invoke 3004(u) at facilities otherwise requiring a permit that improperly clean-closed.
 
03/30/1988SUMMARY OF PERMIT ASSISTANCE TEAM (PAT) COMMENTSMemo
 Description: Samples taken from turbid groundwater may not be valid. Proper well development requires that wells be clay and silt free. Discusses the use of polyvinyl chloride (PVC) in well construction, the calculation of purge volume, and Part 264, Appendix IX. An accelerated groundwater monitoring schedule can be used to bring a facility into compliance. The maintenance of a groundwater monitoring network may include the redevelopment of a well. Well maintenance should be included as a permit condition. Replacement units (e.g. landfills and surface impoundments) must be retrofitted to meet the minimum technological requirements. If a proposed alternative to a double liner does not meet the requirements of 264.221(c), the location characteristics or operating practices must compensate for the deficiency. A redundant flexible membrane bottom liner may be equivalent to the 3004(o)(5)(B) interim statutory design, thus meeting the 3004(o)(1) minimum technological requirements. Addresses the use of the Hydrologic Evaluation of Landfill Performance (HELP) model v. Moore’s Equation for calculating leachate volume when designing a collection system, the proposed modifications to the cap design to reduce erosion potential, and the use of a test plot to support alternative landfill design cover. A high-density polyethylene liner must be supported by a stable base. An owner of a petroleum refinery undertaking a land treatment demonstration must fully characterize the waste, including addressing the Skinner List constituents in the waste analysis plan. A properly conducted land treatment demonstration should include an evaluation of the waste degradation, transformation, and immobilization, as well as a toxicity study. A land treatment unit cannot accept sludges containing high concentrations of water if the soil moisture conditions cause saturation of the unit. Discusses the selection of principal hazardous constituents for a land treatment unit. An owner of a land treatment unit who has not demonstrated satisfactory treatment of hazardous constituents may need to close the unit. Addresses the presence of a high water table at a land treatment unit and the possible responses. An owner of an existing interim status land treatment unit may be eligible for an immediate full-scale permit if the land treatment demonstration addresses all of the necessary requirements. In states that are authorized for the RCRA base program but not for the HSWA provisions, construction cannot begin at a new facility until both the state and EPA permits are issued. The land disposal restrictions (LDR) program is a self-implementing portion of HSWA, superseding the permit as a shield provision. Permit content should be edited for applicability, importance, clarity, and precision prior to issuance. A minimum detection limit (MDL) can be used to establish background as a groundwater protection standard. Any component required in a RCRA facility investigation (RFI), such as monitoring releases not requiring immediate response, should be included as a permit condition. Monitoring wells installed as part of a HSWA corrective action may be designated as point of compliance wells. Permits containing corrective action conditions for groundwater treatment programs must specify methods of handling groundwater containing hazardous waste and must include pumping and removal requirements. Air stripping may not be an appropriate treatment method for groundwater contaminated with methyl isobutyl ketone. A permit or 3008(h) order should address the air emissions from treatment units such as an air stripper. Includes criteria for the referral of facilities to the Agency for Toxic Substances aND DISEASE REGISTRY (ATSDR) UNDER 3019. Emerging technologies, such as in-situ bio-reclamation, should be demonstrated as effective in pilot-scale field studies prior to approval. 264 Subpart F compliance monitoring standards should be applied to the verification monitoring at solid waste management units (SWMUs) during corrective action. A HSWA corrective action pe
rmit may include a technical feasibility clause discontinuing the program once contaminant levels can no longer be reduced. EPA discourages the approval of a waiver allowing the disposal of nonhazardous waste in a landfill that has lost interim status.
 
03/16/1988CONCRETE LINERS FOR HAZARDOUS WASTE TANK SYSTEMSMemo
 Description: A concrete structure may be used as secondary containment for tanks when provided with an impermeable coating or a lining that is compatible with the hazardous waste. There is no permeability standard available for a concrete structure. Determine this requirement by site.
 
03/10/1988CLOSURE PLAN CONTENTS AND REQUIREMENTS FOR REVISIONSMemo
 Description: An interim status closure plan must be amended at least 60 days prior to a proposed change at a facility, or within 60 days after an unexpected event (265.112(c)(2)). A closure plan must be amended 60 days before completion and operation of the treatment unit. A closure plan need not be revised if a mobile treatment unit (MTU) is mobilized or demobilized. A closure plan must account for all units at a facility that has actually been constructed (265.112(b)(1)).
 
03/08/19883008(H) ORDERS OR POST-CLOSURE PERMITS AT CLOSING FACILITIES, USE OFMemo
 Description: Addresses the use of 3008(h) corrective action orders and post-closure permits with 3004(u) and 3004(v) authorities at facilities undergoing closure (SEE ALSO: 63 FR 56711; 10/22/98).
 
03/07/1988SLUDGE DEHYDRATION EQUIPMENT THAT IS PART OF A WASTEWATER TREATMENT FACILITYMemo
 Description: The wastewater treatment unit (WWTU) exclusion does not apply to conventional incinerators even when they are part of a wastewater treatment system. Sludge dehydration equipment (i.e., sludge dryers) qualifies for the WWTU exclusion, provided the equipment meets the definition of a WWTU and is used to evaporate water from sludge. Most sludge dryers meet the definition of a tank. Sludge dryers that are not eligible for the WWTU exclusion are subject to either 265 Subpart P or 264 Subpart X.
 
03/02/1988CLEANUP LEVELS FOR LEAD AND CADMIUM IN SOILS FOR CLEAN CLOSUREMemo
 Description: VERIFIED REFERENCE DOSES (RFDS) AND Carcinogenic Potency Factors (CPFs) can be used to set soil cleanup levels during clean closures of surface impoundments, waste piles, and land treatment units. Where no EPA-recommended health-based limit exists for a contaminant, a soil cleanup level may be based on background levels or by data developed by the owner to support a health-based limit. If the cleanup level cannot be established, then clean closure cannot be achieved and the unit (i.e. surface impoundment, waste pile, or land treatment unit) must close as a landfill. Provides guidance for determining the background levels for lead in soil for clean closures of surface impoundments, waste piles, and land treatment units. Discusses how to determine background levels of lead in soil.
 
02/25/1988EXCLUSIONS FOR PRE-EXISTING CONDITIONS IN TSDF INSURANCE POLICIESMemo
 Description: Insurance certificates or endorsements should provide evidence that the issued policies do not contain unacceptable exclusions. There are no plans to expand the coverage for nonsudden events to all TSDFs.
 
02/18/1988VOLUNTARY CLEANUP CONSTRAINTSMemo
 Description: Addresses potential EPA approaches for easing the constraints on voluntary corrective action cleanups (SEE ALSO: 61 FR 18779; 4/29/96).
 
02/10/1988VERTICAL EXPANSION AT U.S. ECOLOGY'S TRENCH 10, BEATTY, NEVADA FACILITYMemo
 Description: Landfill vertical expansion is limited by federal, state, and local permits in effect prior to HSWA. Vertical expansion after 11/8/84 constitutes a new unit that is subject to the minimum technological requirements (MTR). When there is no elevation limit in the permit, consider the slope of the cover at closure.
 
02/08/1988CLOSURE PERFORMANCE STANDARDMemo
 Description: EPA may use closure performance standards, post-closure permits, or 3008(h) orders to ensure effective closure. A closure performance standard can be used to require source control at a leaking surface impoundment. Closure must be consistent with future corrective action.
 
02/08/1988TANK SYSTEMS SINCE CHANGES IN DEFINITION OF HAZARDOUS WASTE, CLASSIFICATION OFMemo
 Description: A tank system in existence prior to its contained material becoming hazardous waste is an existing tank system. A tank system not used to store the material prior to its becoming a hazardous waste is new tank system.
 
02/03/1988PCB-CONTAMINATED WASTES, STABILIZATION OFMemo
 Description: Bulk liquid waste treated with absorbents or adsorbents must be tested with the paint filter liquids test (PFT) (3004(c)(1)) (SEE ALSO: 1RPC# 1/17/93-02). When a waste passes the PFT, it may be disposed in a landfill. When a waste fails the PFT, further chemical stabilization is required. Provides guidance on the level of adequacy for chemical treatment.
 
02/02/1988CLOSURE REQUIREMENTSMemo
 Description: EPA recognizes the inconsistencies between the tank and container closure requirements and plans to revise Subpart I to ensure consistency. The 3/19/87 clean closure guidance (52 FR 8704) should be applied to closure by the removal of wastes from any RCRA unit. EPA plans to allow interim status and permitted landfills to defer closure to manage nonhazardous wastes. Characteristic waste must be managed as hazardous unless it no longer exhibits any of the four characteristics. Discusses the more protective clean closure action levels v. hazardous waste identification levels. Listed wastes and any waste residues or contaminated soil or debris removed during closure are hazardous unless delisted. The concentrations of total organic carbon (TOC) and total organic halogens (TOX) cannot be used to determine if decontamination wastewater is hazardous.
 
02/02/1988DETERMINATION OF THE APPLICABILITY OF A TOTALLY ENCLOSED TREATMENT (TET) EXEMPTIONMemo
 Description: Cupolas are part of an industrial process while baghouses are part of a treatment process. Treatment in ducts between a cupola and a baghouse may qualify for the totally enclosed treatment unit (TETU) exemption if the unit’s design is sealed and prevents routine releases. The baghouse and any treatment downstream from it do not qualify for the TETU exemption because the baghouse is open to the environment. No sampling is required if the system qualifies as a TETU.
 
02/01/1988BLENDING OF HAZARDOUS WASTE FUEL BURNED IN CEMENT KILNSQuestion & Answer
 Description: Tanks in which hazardous waste fuels are blended are regulated by 264 Subpart J/265 Subpart J regardless of the type of unit in which the waste will be burned. Blending tanks are subject to the same regulations as storage tanks (266.31(c) cement kiln exclusion SUPERSEDED: See 266 Subpart H).
 
02/01/1988CLEAN CLOSURE OF INTERIM STATUS SURFACE IMPOUNDMENT AND WASTE PILEQuestion & Answer
 Description: Surface impoundments, waste piles, landfills, and land treatment units which received waste after 7/26/82 or certified closure after 1/26/83 must either have post-closure permits or demonstrate that clean closure was equivalent to Part 264 closure (270.1(c)) (SEE ALSO: 63 FR 56711; 10/22/98). Post-closure permits for these units would include Part 264 groundwater monitoring, unsaturated zone monitoring, corrective action and post-closure care.
 
02/01/1988CORRECTIVE ACTION AND PERMITSQuestion & Answer
 Description: Permits issued prior to HSWA cannot be reopened for the purposes of 3004(u) corrective action. Most permits contain a reopener clause. 270.41(a)(2) may be used to reopen a permit if contamination is discovered after a permit is issued. A permit as a shield does not protect facilities from the reopening of a permit when new information surfaces. 270.41(a)(3) allows a permit to be modified to include land disposal restrictions.
 
01/28/1988PERMIT REQUIREMENTS FOR REMOTE SECONDARY CONTAINMENT AREA FOR DIRECT OFFLOADING OF HAZARDOUS WASTE-DERIVED FUEL INTO A CEMENT KILNMemo
 Description: Primary containment sumps designed to collect and transport routine and systematic discharges of hazardous waste are subject to the tank standards. Secondary containment sumps are exempt from the secondary containment requirement. Temporary tanks used for immediate response are exempt.
 
01/27/1988HAZARDOUS WASTE TANK SYSTEM STANDARDS TO ANCILLARY EQUIPMENT AND EXEMPTED ELEMENTARY NEUTRALIZATION SYSTEMSMemo
 Description: The hazardous waste tank standards do not apply to ancillary equipment associated with non-regulated units, such as elementary neutralization units (ENUs). An authorized state program must be as stringent as the federal program.
 
01/26/1988ZINC OXIDE RECLAIMED FROM KILNSMemo
 Description: Discusses indigenous secondary materials (SEE ALSO: 266.100). Partially reclaimed K061 which must be reclaimed further is still a solid waste and is derived from K061. Kiln residue is not exempt because K061 is from primary steelmaking, not from the processing of ores and minerals. F006, F019, and K062 are not indigenous to zinc smelting. The 3004(u) authority applies to releases of Bevill wastes and to releases from pre-RCRA inactive units. Units holding product are not solid waste management units (SWMUs) unless routine and systematic releases occur. Addresses American Mining Congress (AMC) v. EPA. The status of dust from a kiln burning K061 could change when the BIF regulations are finalized (SEE ALSO: 261.3(c)(2)(iii)(C)(1) and 261.4(a)(11)) (SAME AS 9481.1988(01)).
 
01/25/1988NEW JERSEY ZINC COMPANY K061 STORAGE PILEMemo
 Description: A partially reclaimed waste that must be reclaimed further before it can be used as a product is still a solid and hazardous waste. Discusses the derived-from exemption for residue from processing K061, K062, and F006 in a high temperature metal recovery unit. Addresses American Mining Congress (AMC) v. EPA. The status of dust from a kiln burning K061 could change with the final BIF rule (SEE: 261.4(a)(11) and 261.3(c)(2)(iii)(C)(1)). Discusses indigenous secondary materials (SEE: 266.100). The 3004(u) corrective action authority applies to Bevill waste and releases from pre-RCRA inactive units. Units holding product are not solid waste management units (SWMUs) for purposes of 3004(u) unless routine and systematic releases occur (SAME AS 9444.1988(02a)).
 
01/13/1988GUIDANCE IN DESIGNATING POHC'SMemo
 Description: The incinerability ranking used to designate principal organic hazardous constituents (POHCs) at incinerators can be based on many methods, including the heat of combustion or on the thermal stability index. Additional factors can be applied to POHC designation. Discusses surrogate compound availability. Includes an incinerability ranking.
 
01/02/1988DRAINAGE WATER BENEATH LAND TREATMENT UNITS AT OIL REFINERIESMemo
 Description: Groundwater containing hazardous leachate from a land treatment unit is hazardous. Liners, ditches, and pipes are extensions of the land treatment unit for a no migration petition. A Part B demonstration does not replace a no migration petition. A RCRA facility investigation (RFI) does not replace an evaluation of air emissions in a no migration petition.
 
01/01/1988“LAB PACKS” AT GENERATOR SITESQuestion & Answer
 Description: A service company may act on behalf of a generator and re-package waste into larger containers (lab packs) with absorbents without a permit. Generators may treat in accumulation tanks or containers provided the treatment is not thermal treatment or incineration. The addition of absorbents to waste is exempt from permitting.
 
12/21/1987VOLUNTARY CORRECTIVE ACTIONMemo
 Description: Includes potential options for streamlining voluntary corrective action cleanups to allow certain low-concern treatment activities to be conducted without a permit.
 
12/21/1987WASTEWATER TREATMENT AND ELEMENTARY NEUTRALIZATION UNITS EXEMPTIONMemo
 Description: Provides a clarification of wastewater treatment facility. A facility must be on site and have an NPDES permit or discharge to a POTW. The means of conveyance between units does not matter. Wastewater treatment units (WWTUs) can receive wastewater from off site and remain exempt. A tank system used to manage wastewater prior to an off-site transfer is not covered by the exemption. Discusses zero-discharge NPDES permits and wastewater treatment units (WWTUs).
 
12/17/1987CLOSURE AND POST-CLOSURE ISSUES FOR INTERIM STATUS SURFACE IMPOUNDMENTSMemo
 Description: EPA may extend the time allowed for the closure of a surface impoundment to allow groundwater corrective action so that the owner can achieve clean closure. Units closing by removal under Part 265 (e.g. surface impoundments, waste piles, and land treatment units) must obtain post-closure permits unless the owner demonstrates equivalence with 264.228, 264.280(e), or 264.258 closure by decontamination standards (SEE ALSO: 63 FR 56711; 10/22/98). The owner of an interim status landfill that has closed by removal and has not triggered groundwater assessment does not have to monitor groundwater for the full list of Appendix VIII or IX constituents. Groundwater evaluation conducted as part of the 265 clean-closure demonstration should establish constituents that could reasonably be expected to exist at the impoundment. A surface impoundment that has triggered groundwater assessment may not be able to clean close.
 
12/15/1987ON-SITE TREATMENT EXEMPTION, REINTERPRETATION OFMemo
 Description: Generators accumulating hazardous waste are exempt from permitting whether or not they are treating the waste. Thermal treatment (open burning/open detonation) is not exempt (SEE: Part 265, Subpart P).
 
12/15/1987QUALIFICATION OF AN ENGINEER FROM THE CORPS OF ENGINEERS AS INDEPENDENT WITH RESPECT TO AN ARMY FACILITYMemo
 Description: An engineer in the Army Corps of Engineers meets the criteria for an independent, qualified, professional engineer for assessments, installation, and tests of tank systems at Department of Army facilities.
 
12/14/1987RCRA PROGRAM DIRECTIONS - PRIORITY TO ENVIRONMENTALLY SIGNIFICANT FACILITIESMemo
 Description: Fiscal Year 1989 RCRA priorities are to focus on corrective action and closure at the entire universe of environmentally-significant facilities.
 
12/09/1987INCINERATOR TRIAL BURN SCHEDULESMemo
 Description: The Hazardous Waste Incinerator Permitting Study indicates that it may take 11 months after a trial burn before an incinerator permit is issued.
 
11/30/1987DETONATING EXPLOSIVE WASTESMemo
 Description: The detonation of seized explosives for disposal rather than for use constitutes discarding, so explosives must be managed as solid wastes (SW). If the explosives are characteristic for reactivity (D003), Subtitle C regulations apply to these Bureau of Alcohol, Tobacco, and Firearms (BATF) activities. Seized explosives must be managed as SW and potentially hazardous waste from the moment the decision is made to destroy the explosives. The detonation of reactive waste is thermal treatment.
 
11/25/1987TREATMENT SURFACE IMPOUNDMENTS, REGULATORY OPTIONS AVAILABLE TO WOOD PRESERVERSMemo
 Description: A wood preserving treatment surface impoundment is not a hazardous waste experiment unit. A wood preservative surface impoundment must obtain a permit, close, or convert to a land treatment unit.
 
11/23/1987EXCLUSIONS FOR PRE-EXISTING CONDITIONS IN RCRA TSDF INSURANCE POLICIES, GUIDANCE ONMemo
 Description: Provides examples of acceptable language for pre-existing conditions in TSDF liability insurance and a summary of steps for EPA or authorized states to follow when reviewing pre-existing conditions.
 
11/23/1987RISK RETENTION GROUPS AND FINANCIAL ASSURANCE REQUIREMENTSMemo
 Description: A risk retention group that meets the requirements of the Risk Retention Act of 1986 and which is licensed to transact the business of insurance in at least one state qualifies to issue liability insurance policies.
 
11/12/1987REGULATION OF RADIOACTIVE MIXED WASTE AT DEPARTMENT OF ENERGY FACILITIESMemo
 Description: TSDFs in states authorized for radioactive mixed waste have six months from the date of the state’s authorization to submit a Part A.
 
11/10/1987FACILITIES UNABLE TO MEET LIABILITY COVERAGE REQUIREMENTSMemo
 Description: Only a few hazardous waste facilities have been prevented from obtaining a permit because of noncompliance with the liability coverage.
 
11/10/1987FINANCIAL ASSURANCE FOR LIABILITY THROUGH RISK RETENTION GROUPMemo
 Description: Policies issued by risk retention groups may meet the financial assurance requirements if the group satisfies the Risk Retention Act of 1986 provisions and is licensed to transact the business of insurance in at least one state.
 
11/10/1987PICKLE LIQUOR RECOVERY UNIT AS AN INDUSTRIAL FURNACEMemo
 Description: An industrial furnace in which spent pickle liquor (K062) is processed to produce a usable product hydrogen chloride and ferrous oxide is not an incinerator, but is a smelting, melting, and refining furnace. The unit is not regulated as an incinerator since the purpose is to produce a product and not to destroy a waste.
 
11/10/1987THIRD-PARTY LIABILITY COVERAGE REQUIREMENTSMemo
 Description: Information obtained from a questionnaire will allow EPA to identify problems with obtaining third-party liability coverage, especially through the insurance mechanism. Facilities must demonstrate liability coverage for third-party bodily injury and property damage by sudden and non-sudden accidents.
 
11/05/1987LEACHING TESTS FOR EVALUATING SOILS CONTAMINATED WITH LEADMemo
 Description: Method 1310 extraction procedure (EP) is used to determine if contaminated soils exhibit the toxicity characteristic (SUPERSEDED: see 261.24). Method 1312 for in-place soil and debris is under development. It may be appropriate for facility investigations and clean closure determinations. 1311 (TCLP) may not be appropriate for groundwater contamination of soil and debris.
 
11/01/1987CLOSURE PLAN PUBLIC COMMENT PERIODQuestion & Answer
 Description: There is no specific time-frame for the Regional Administrator (RA) to initiate the 30-day public comment period for interim status closure plans.
 
11/01/1987FINANCIAL ASSURANCEQuestion & Answer
 Description: Because a grandparent corporation does not meet the definition of a parent corporation, a grandparent corporation may not be used to demonstrate financial assurance via a corporate guarantee (SUPERSEDED: See 53 FR 33941, 22951; 9/1/88, and current 264, 265 Subpart H).
 
10/29/1987UCAPCO APPLICATION FOR A VARIANCE UNDER 3004(C)(2) OF RCRAMemo
 Description: Variances from the minimum technological requirements (MTR) may be obtained if an alternate system can prevent the migration of any hazardous constituents into the groundwater. The term groundwater is not limited to only groundwater beyond the waste management area (surface impoundment, waste pile, landfill).
 
10/16/1987OPERATING DAY DEFINED FOR TANKS AND SURFACE IMPOUNDMENTSMemo
 Description: Once each operating day for tanks means once each day that manufacturing operations are conducted. Operating day for surface impoundments means each day waste is placed in surface impoundments. Leak detection and visual inspection are required whether or not manufacturing operations occur.
 
10/15/1987VIABILITY OF TRIAL BURN RESULTS WITH INCOMPLETE VOST DATAMemo
 Description: A facility receiving incomplete VOST data must run a second trial burn for the incinerator.
 
10/08/1987DECISION DEADLINES FOR RETROFITTING WAIVER REQUESTSMemo
 Description: Interim status surface impoundment retrofit waivers are not necessary for units holding Bevill exempt mining and mineral processing wastes.
 
10/05/1987SURFACE IMPOUNDMENTS HOLDING ONLY K-WASTES GENERATED UNDER A TEMPORARY EXCLUSIONMemo
 Description: Waste disposed in a surface impoundment during a temporary delisting exclusion is not subject to Subtitle C after the final denial decision unless it is actively managed (removed, excavated, shipped, mixed, or treated). The units are solid waste management units (SWMUs) for purposes of corrective action.
 
10/01/1987SEALLESS VALVE DEFINITIONMemo
 Description: There is no definition of a sealless valve. A sealless valve refers to a valve whose design prevents the leakage of liquids from the valve stem or to valves designed to provide containment of media within the valve body.
 
09/28/1987DELISTING PETITIONS FOR K-WASTES MANAGED IN ON-SITE LAND-BASED UNITS-MONITORING REQUIREMENTSMemo
 Description: Delisting petitioners with on-site land-based management of waste must submit groundwater monitoring data. Discusses the use of the vertical horizontal spread (VHS) and organic leachate (OLM) models. EPA allows petition withdrawal to prevent the publication of a denial in the Federal Register.
 
09/23/1987SECONDARY CONTAINMENT REQUIREMENTS FOR ABOVE GROUND WELDED FLANGES AND SEALLESS VALVESMemo
 Description: Aboveground threaded connections associated with a tank require secondary containment. Aboveground welded connections and sealless valves do not require secondary containment but need daily inspection. Welded flanges include slip-on, socket, lap joint, and welded neck flanges. There is no definition of a sealless valve.
 
09/17/1987LAND DISPOSAL FACILITIES NOT ON A PERMITTING OR CLOSURE SCHEDULEMemo
 Description: Certain facilities lack a multi-year strategy for permitting or closure. EPA plans to resolve the regulatory status of these facilities as soon as possible.
 
09/16/1987SW-846 METHODS MANUALMemo
 Description: The use of SW-846 methods is generally not required except for quality assurance/quality control procedures and determining if the waste is characteristic. Discusses sampling, analysis for delisting petitions, incinerator trial burns, and determining if bulk or containerized waste contains free liquids prior to disposal in a landfill.
 
09/11/1987SECONDARY CONTAINMENT FOR HAZARDOUS WASTE TANKSMemo
 Description: Integrity assessments for existing hazardous waste tanks are not required in unauthorized states provided secondary containment is installed by 1/12/88.
 
09/03/1987FIBER OPTICS FOR IN-SITU MONITORINGMemo
 Description: Addresses potential applications for fiber optics as a means of field monitoring at TSDFs.
 
09/01/1987CERTIFICATION OF CLOSUREQuestion & Answer
 Description: An engineer employed by a contractor conducting closure activities can certify closure. An “independent” engineer cannot be directly employed by the owner or operator of the unit being closed.
 
08/28/1987TOTALLY ENCLOSED TREATMENT EXEMPTION AND ACCUMULATION PROVISIONS APPLICABILITY TO AN ASH TREATMENT FACILITYMemo
 Description: A unit treating ash from an incinerator is not a totally enclosed treatment unit (TETU) since the incinerator is not an industrial process, the ash unit is not connected to an industrial process, and the incinerator releases constituents into the air. Treatment in a generator accumulation unit is exempt from permitting (SEE ALSO: RPC# 12/15/87-03).
 
08/07/1987DELISTING PETITIONS AND INADEQUATE GROUNDWATER MONITORINGMemo
 Description: Groundwater samples should not be filtered at the time of collection, but should be split when filtering is used with filtered and unfiltered analyses submitted for evaluation. Discusses the placement of monitoring wells and the rationale for the denial of a specific delisting petition.
 
08/07/1987MTR COMPLIANCE DATES FOR SURFACE IMPOUNDMENTS (THERMEX ENERGY)Memo
 Description: The loss of a temporary exclusion is the same as being a newly listed waste for purpose of complying with minimum technical requirements (MTR) for surface impoundments (SIs). There is a conflict between the Section 3005(j)(1) and Section 3005(j)(6) MTR dates. Part B permit application for an interim status facility is due when requested by the State or Regional office. Implementation of closure must begin either 90 days after the SI stops receipt of waste or when the closure plan is approved. The time allowed for closure implementation or completion may be extended.
 
08/07/1987PERMIT REQUIREMENTS, THERMEX ENERGY/RADIANMemo
 Description: The loss of a temporary exclusion is the same as being newly listed for the purpose of complying with the minimum technical requirements (MTR) for surface impoundments (SIs). Addresses the conflict between the 3005(j)(1) and 3005(j)(6) MTR dates. Part B permit applications for interim status facilities are due when requested by a state or Regional office. A facility must initiate closure either 90 days after the SI stops receiving waste or when the closure plan approved. The time for closure implementation or completion may be extended.
 
08/03/1987JOINT NRC-EPA GUIDANCE ON AN APPROACH FOR COMMERCIAL MIXED LOW-LEVEL RADIOACTIVE AND HAZARDOUS WASTE DISPOSAL FACILITIESMemo
 Description: Provides joint Nuclear Regulatory Commission (NRC) - EPA guidance on a conceptual design approach for commercial mixed low-level radioactive and hazardous waste disposal facilities (i.e. landfills).
 
08/03/1987PRESSURIZED PIPING SYSTEMS WITH AUTOMATIC SHUT-OFF DEVICESMemo
 Description: A pressurized piping system with an automatic shut-off device is exempt from the secondary containment requirement for tank ancillary equipment. The exemption applies in the absence of welded flanges, welded joints, welded connections, sealless valves, and sealless or magnetic coupling pumps.
 
08/03/1987SLUDGE DEHYDRATION EQUIPMENTMemo
 Description: Sludge dehydration equipment that is part of a wastewater treatment system is exempt from permitting if the equipment meets the definition of a wastewater treatment unit (WWTU) and is used to evaporate water from sludge. The exemption does not apply to incinerators.
 
08/03/1987SLUDGE DEHYDRATION EQUIPMENT AS A WASTEWATER TREATMENT UNITMemo
 Description: Sludge dehydration equipment that is part of a wastewater treatment system is exempt from permitting if the equipment meets the definition of a wastewater treatment unit (WWTU) and is used to evaporate water from sludge. The exemption does not apply to incinerators.
 
08/01/1987100-1000 KG/MO GENERATORSQuestion & Answer
 Description: A small quantity generator may accumulate waste for up to 270 days if he/she ships the waste to a facility greater than 200 miles away, even if there is an alternate TSDF closer than 200 miles.
 
08/01/1987CHANGES AT INTERIM STATUS TANK FACILITIESQuestion & Answer
 Description: Upgrading an interim status tank to meet the secondary containment requirements constitutes a change during interim status and requires the submission of a revised Part A prior to the change. The cost of retrofitting the tank may exceed the 50% reconstruction limit.
 
08/01/1987TANK INTEGRITY ASSESSMENTSQuestion & Answer
 Description: Integrity assessments are not required for hazardous waste tanks that have secondary containment. Aboveground piping does not need secondary containment if it is visually inspected daily.
 
07/29/1987TRD INDICATING THAT ETHANOL AND STAINLESS STEEL ARE COMPATIBLEMemo
 Description: Ethanol is compatible with stainless steel equipment used for tanks and containers.
 
07/24/1987ALTERNATE CONCENTRATION LIMIT (ACL) POLICY FOR HSWA PROVISIONSMemo
 Description: The 3005(j) aggressive biological treatment surface impoundment retrofitting exemption requires interim status facilities to be in compliance with a permitted facility groundwater monitoring program. Alternate concentration limits (ACLs) can be used to determine which groundwater monitoring program, compliance or corrective action, should be added to the permit.
 
07/24/1987SOLID WASTE MANAGEMENT UNIT DEFINED FOR CORRECTIVE ACTION UNDER 3004(U)Memo
 Description: Clarifies the definition of “deliberate” in determining whether a unit is a solid waste management unit (SWMU). Areas contaminated by routine and systematic releases of hazardous wastes or constituents should be considered SWMUs. EPA does not use the 3004(u) corrective action authority for one-time, accidental spills that cannot be linked to a discernible SWMU.
 
07/24/1987WASTES GENERATED BY COKE AND COAL TAR PLANTSMemo
 Description: There are no solids or organics content or % water limits for “primarily aqueous” wastewater streams. Addresses the industrial wastewater discharge exclusion (261.4(b)(2)) and “commonly defined by the industry as wastewaters,” and provides examples. The wastewater treatment unit (WWTU) exemption is not for surface impoundments. Discusses “trigger” levels for possible coke by-product K-listings. The listing will be based on 261.11 criteria, which are based on potential hazards and mismanagement, but are not based directly on waste minimization.
 
07/23/1987INTERIM STATUS TSDFS WASTE FROM DIFFERENT SIZE GENERATORSMemo
 Description: A TSDF that qualified for interim status for receiving SQG waste may also receive waste from generators of all sizes.
 
07/22/1987FIRE TRAINING PITS, REGULATORY REQUIREMENTS FORMemo
 Description: Open pit burning of commercial fuels (kerosene, gasoline, jet fuel) for a fire training exercise is product use. Open burning (except waste explosive detonation) of other chemicals (used oil, spent solvents) that are not commercial fuels needs a permit or interim status. If a listed waste burned in an unlined pit seeps into the soil, the soil is regulated as hazardous until the waste is removed under the contained-in policy. If the original waste was not listed, the soil can still be hazardous waste if it is characteristic (SEE ALSO: 61 FR 18779; 4/29/96).
 
07/20/1987INDEPENDENT ENGINEER QUALIFICATIONS AND SCOPE OF THE TERMMemo
 Description: An independent qualified registered professional engineer is required to avoid the obligation or pressure to certify tank condition. There is no requirement for the engineer to have an in-state license, but it is desirable. A welded flange means a flange where a welded connection is between a pipe and a flange.
 
07/17/1987DEACTIVATION (POPPING) FURNACES AS INCINERATORSMemo
 Description: Popping furnaces meet the definition of an incinerator since the process that occurs in the enclosed units is controlled flame combustion. Interim status for incinerators terminated 11/8/89 if a Part B permit application was not submitted by 11/8/86 per 270.73(f) (memo inaccurately cites 11/19/86 and 11/19/89 - should be 11/8/86 and 11/8/89).
 
07/14/1987ACLS APPLIED TO SURFACE IMPOUNDMENT RETROFITTING PROVISION 3005(J)(3)Memo
 Description: Alternate concentration limits (ACLs) are part of the groundwater monitoring requirements for permitted facilities. The applicability of ACLs to an exemption request is governed by state law and regulations (3005(j)(3) and 3005 (j)(7)) for surface impoundment retrofitting.
 
07/14/1987SURFACE IMPOUNDMENT (IS) RETROFITTING WAIVER REQUEST (OCCIDENTAL CHEMICAL)Memo
 Description: A surface impoundment located within 1/4 mile of a public water system aquifer is disqualified from a 3005(j)(2) retrofitting waiver.
 
07/09/1987SECONDARY CONTAINMENT FOR PIPING SYSTEMSMemo
 Description: Secondary containment with leak detection is required for a tank’s underground piping. Aboveground piping must be inspected daily. Secondary containment is required for all threaded connections and packing-type pump seals. A welded flange means a flange joined to a pipe by a welded connection.
 
07/02/1987SOLID WASTE MANAGEMENT UNIT FOR THE PURPOSE OF CORRECTIVE ACTION UNDER 3004(U), DEFINITION OFMemo
 Description: Addresses the definition of deliberate in the context of a solid waste management unit (SWMU) and 3004(u) corrective action authorities. Releases need not have been known by the owner/operator to be deliberate. They must only have been routine and systematic. Includes examples of SWMUs. A wood preservative kickback area is an example of a SWMU.
 
07/01/1987LABORATORY AUDIT INSPECTIONQuestion & Answer
 Description: Includes an explanation of the Laboratory Audit Inspection (LAI) program. The purpose of the LAI program is to ensure that laboratories are adequately analyzing groundwater samples.
 
07/01/1987LAND TREATMENTQuestion & Answer
 Description: A land treatment unit must always have at least three feet between the bottom of the treatment zone and the seasonal high water table. If the bottom of the treatment zone extends less than five feet into the soil, the owner may measure three feet down from the actual bottom of the treatment zone.
 
07/01/1987ON-SITE TREATMENT BY GENERATORS UNDER 262.34Memo
 Description: Generators can treat in accumulation tanks or containers without a permit provided the treatment occurs in units complying with Subparts I or J of 265. Open burning in drums or tanks is not allowed under 262.34. Subparts I and J limit the type of treatment that can occur. Burning in open drums is not allowed because open burning (defined in 260.10) is a method of disposal. Open burning (thermal treatment) of waste, except for explosives, is prohibited under 265.382.
 
07/01/1987RETROFITTING FOR PERMITTED SURFACE IMPOUNDMENTSQuestion & Answer
 Description: The owner of a surface impoundment under interim status on 11/8/84 must comply with the minimum technological requirements by 11/8/88, even if the facility receives a permit before 11/8/88. EPA must issue or deny permits by 11/8/88 for all land disposal units under interim status on 11/8/84.
 
07/01/1987SECONDARY CONTAINMENT FOR TANKSQuestion & Answer
 Description: A vault used as secondary containment must be designed to contain 100 percent of the largest HAZARDOUS WASTE tank.
 
06/26/1987ADJACENT WASTE PILES INTO REGULATED SURFACE IMPOUNDMENT, PLACEMENT OF (CIBA-GEIGY)Memo
 Description: The placement of adjacent waste soil piles in a regulated surface impoundment as part of closure is permissible. The placement of hazardous waste beyond the boundary of a regulated unit constitutes lateral expansion and must meet minimum technological requirements (3004(o)(1)).
 
06/25/1987TANKS AND ANCILLARY EQUIPMENT DESIGNMemo
 Description: Dikes must be compatible with the waste in the tank and must prevent the migration of moisture. Large sudden failures must be accounted for in the contingency plan. Tightness testing is needed for welded pipes to flange systems. Flanges must be inspected for leaks daily. Threaded joint systems require secondary containment.
 
06/19/1987ACLS PROPOSED BY UNION CARBIDE CORP., INSTITUTE, WV, COMMENTS ONMemo
 Description: Alternate concentration limits (ACLs) may be established above or at the allowable health or environmental exposure levels.
 
06/17/1987GROUNDWATER MONITORING AT REGULATED UNITS NEAR SWMUS THAT HAVE IMPACTED GROUND WATERMemo
 Description: Permits may be issued to regulated units that are constructed near solid waste management units (SWMUs) with contaminated groundwater, or near groundwater with high background contamination, if certain conditions are achieved (SEE ALSO: 264.90(f) and 63 FR 56711; 10/22/98).
 
06/12/1987CLEAN CLOSURE AND DISPOSAL OF AN INCINERATORMemo
 Description: There are three disposal options for incinerators: clean closure and leave on site, clean closure and ship to a Subtitle D facility, and ship to a Subtitle C facility.
 
06/12/1987FILTER PRESS PROPOSED AS PART OF CORRECTIVE ACTION - NOT EXCLUDED FROM PERMITTINGMemo
 Description: A filter press may meet the totally enclosed treatment unit (TETU) definition. The wastewater treatment unit (WWTU) definition has no formal definition of wastewater. A CWA permit is not required for a WWTU, but discharge that occurs needs to be subject to CWA. The exemption from the definition of solid waste for materials that are recycled or reclaimed requires waste to be returned to the manufacturing process, not to another treatment unit.
 
06/12/1987WASTE ANALYSIS REQUIREMENTS IN INCOMING WASTE SHIPMENTS - LDRMemo
 Description: Land disposal facilities do not have to test each shipment of incoming waste for the land disposal restrictions (LDR). A facility’s waste analysis plan must specify procedures for testing and inspections. A disposal facility must obtain a detailed analysis of waste constituents from the generator or treater and should update it annually.
 
06/09/1987SURFACE IMPOUNDMENT CLOSURE, APPLICABILITY OF 3005(I) OF RCRA TOMemo
 Description: An owner who closes an interim status surface impoundment but does not demonstrate compliance with 265.228(a) closure by removal standards is subject to a post-closure permit, including groundwater monitoring and corrective action (SEE ALSO: 63 FR 56711; 10/22/98).
 
06/08/1987F006 WASTES, VHS AND GROUNDWATER MONITORING DATA TO EVALUATE A DELISTING PETITION FORMemo
 Description: The vertical and horizontal spread (VHS) model is used in delistings. A delisting for wastes managed in on-site waste management units must have a groundwater monitoring system in place and 4 quarters of data. Oily Waste Extraction Procedure (OWEP) is used for wastes with 1% oil and grease (SEE ALSO: 261.24).
 
06/08/1987SURFACE IMPOUNDMENT RETROFITTING WAIVER REQUEST (UNION CARBIDE)Memo
 Description: The most recent, best available data should be used to determine compliance with CWA for purposes of a waiver from the minimum technological requirements for a surface impoundment under 3005(j)(3). A full Part 261 Appendix VIII analysis of groundwater is not needed for a waiver under 3005(j)(3)(C)(ii).
 
06/03/1987VULNERABLE HYDROGEOLOGY GUIDANCE CRITERIAMemo
 Description: Vulnerable hydrogeology may be applicable to land based units. Vulnerable sites may need to comply with additional groundwater monitoring provisions.
 
06/01/1987CLEAN CLOSUREQuestion & Answer
 Description: EPA interprets contaminated subsoils to include contaminated groundwater. Contaminated groundwater must be removed or decontaminated to achieve clean closure at a surface impoundment.
 
06/01/1987GROUNDWATER MONITORING FOR RADIONUCLIDESQuestion & Answer
 Description: An interim status disposal facility must monitor for drinking water parameters, including gross Alpha radiation (a radionuclide) during the first year. Part 265 regulations do not contain requirement to monitor for radionuclides beyond the first year.
 
06/01/1987LIABILITY REQUIREMENTS OFSUBSIDIARIESQuestion & Answer
 Description: A parent company that uses a corporate guarantee to demonstrate financial assurance for multiple subsidiaries must base the financial test’s required multiples on the true aggregate of liability guaranteed.
 
06/01/1987MOBILE WASTEWATER TREATMENT UNITSQuestion & Answer
 Description: A mobile treatment unit can be a tank. A mobile tank can be used as a part of an exempt wastewater treatment unit (WWTU). provided it is stationary when in operation.
 
05/29/1987TANK SYSTEM DESIGN-SECONDARY CONTAINMENTMemo
 Description: A new tank system and its components must have secondary containment, be compatible with the waste, protect against corrosion, and withstand vehicular overhead stress. A tank system must be installed properly and tested for tightness before it is put into service.
 
05/01/1987APPLICABILITY OF CONTINGENT CLOSURE AND POST-CLOSURE PLANSQuestion & Answer
 Description: Contingent closure and post-closure plans are required for all tanks that do no have secondary containment until secondary containment meeting 264.193 or 265.193 is installed.
 
05/01/1987DISPOSAL PRIOR TO NOVEMBER 19, 1980Question & Answer
 Description: A tank closed in accordance with existing industry practices in 1977 is an inactive disposal facility and is not subject to RCRA Subtitle C, unless the waste is subsequently managed in a manner that constitutes treatment, storage, or disposal. EPA could enforce under 7003 or CERCLA.
 
05/01/1987EVAPORATOR USED TO REMOVE WATER FROM HAZARDOUS WASTEMemo
 Description: Evaporation meets the definition of treatment. Since an evaporator could release solid or hazardous constituents or water vapor into the air, the unit is not a totally enclosed treatment unit (TETU). An evaporator meets the definition of a thermal treatment unit, and if it meets the definition of a tank, generator treatment in the accumulation unit is exempt from permitting (SUPERSEDED, no thermal treatment in generator units: see RPC# 10/17/94-01).
 
05/01/1987HAZARDOUS WASTE TANKSQuestion & Answer
 Description: An existing tank that is moved and reinstalled is subject to new tank requirements, including secondary containment.
 
05/01/1987INSPECTION REQUIREMENTS FOR HAZARDOUS WASTE TANKSQuestion & Answer
 Description: Only the accessible and visible aboveground portions of a tank must be inspected each operating day. Data gathered from leak detection equipment must also be inspected each operating day.
 
04/30/1987SECONDARY LEACHATE COLLECTION AND REMOVAL SYSTEMS - FML TOP LINERSMemo
 Description: Includes a summary of actual field information on the design and performance of top flexible membrane liners (FML) and on leachate collection and removal systems between liners for surface impoundments.
 
04/20/1987TEMPORARY TANK SYSTEMS USED IN RESPONSE TO EMERGENCIES, REQUIREMENTS FORMemo
 Description: Temporary tanks are used for responses to unexpected occurrences are covered under emergency permit provisions. A secondary containment system does not need secondary containment. A stand-by tank is not a temporary tank.
 
04/15/1987SURFACE IMPOUNDMENT RETROFITTING REQUIREMENTSMemo
 Description: Permits issued to existing surface impoundments must require retrofitting within four years. The regulations force closure of all impoundments that do not retrofit. Permitted impoundments forced to close must follow the closure plan in the permit. Interim status impoundments must follow 265.113.
 
04/08/1987CLOSURE REQUIREMENTS FOR THE DISPOSAL OF STORAGE TANKSMemo
 Description: Owners or operators that are unable to remove or decontaminate a tank system must close it as a landfill. Tank system components that do not contain hazardous waste are not subject to Subtitle C requirements;. Follow NFPA guidelines when abandoning a tank system in place.
 
04/02/1987RELEASES OF HAZARDOUS WASTE, RCRA APPLICABILITY TOMemo
 Description: Releases of hazardous wastes by generators may be addressed under 7003 corrective action authority (SEE ALSO: RPC# 8/1/86-04). 3004(u) applies only to facilities seeking or in the process of obtaining a permit. Once a facility has been denied a permit, it no longer has interim status, but 3008(h) still applies.
 
04/02/1987THREE AND FOUR-SIDED, FLOORED STRUCTURES, REGULATORY CLASSIFICATION OFMemo
 Description: Describes a tank as a unit that contains materials and a waste pile as a noncontainerized accumulation of solid, non-flowing hazardous waste. Discusses approaches to address the overlap of the definitions of tank and waste pile and the applicability to 3 and 4-sided floored structures.
 
04/01/1987CLOSURE OF INTERIM STATUS SURFACE IMPOUNDMENTSQuestion & Answer
 Description: Addresses the difference between the clean-closure standards prior to and after the 3/19/87, ruling (52 FR 8704). Wastes from clean-out must be managed as hazardous wastes unless they no longer meet the definition of hazardous waste. Impoundments which held characteristic waste may be required to be cleaned below characteristic levels.
 
04/01/1987LIABILITY COVERAGE REQUIREMENTS WITH RESPECT TO LOSS OF INTERIM STATUSMemo
 Description: A submittal of a Hazardous Waste Facility Liability Endorsement or a Certificate of Liability Insurance is sufficient to indicate compliance with RCRA liability coverage, since insurance companies can rely on the standard language rather than having to assure that the language of individual policies meets the regulatory requirements.
 
03/31/1987REGION III ISSUES ON SECTION 3004(U) AUTHORITYMemo
 Description: Enforcement for waste disposal on a property that is not contiguous with a facility must be addressed under 7003 rather than 3004(u). Discusses the applicability of the solid waste management unit (SWMU) definition to process collection sewers. 3004(u) may be used in a limited manner to require monitoring and detection systems where releases are likely but have not yet occurred. Permitting and corrective action apply to all SWMUs at a facility, even if a portion of the facility is leased to another party.
 
03/30/1987SUMMARY OF PERMIT ASSISTANCE TEAM (PAT) COMMENTSMemo
 Description: A native soil foundation does not constitute a liner for the purposes of the 3005(j)(2) waiver. A 264.282 compatibility demonstration applies to both hazardous and nonhazardous waste. Addresses HSWA waste minimization requirements (3002(b)) and the application of sludge to land treatment units. The identification of principal hazardous constituents for land treated wastes must include all constituents that may enter the waste stream. A land treatment unit performance evaluation must include the unit’s ability to treat and degrade organic constituents, as well as its ability to immobilize heavy metals. Provides guidance on the frequency of soil pore liquid sampling at land treatment units (unsaturated zone monitoring) and guidance on screening groundwater monitoring wells. QA/QC methodology at a land treatment unit should include verification of the organic constituent analysis by gas chromatography/mass spectroscopy (GC/MS). Includes guidance on the content of construction quality assurance plans. A person who conducts quality assurance measures for surface impoundments, waste piles, and landfills should be independent of the construction contractor. Discusses the use of Method 9090 for compatibility testing of liner materials with waste or leachate. All man-made materials that contact waste or leachate should be subjected to the immersion test portion of 9090. A sample of waste or leachate used in compatibility testing must be representative of the actual waste or leachate managed in the surface impoundment, waste pile, or landfill. A concrete pad cannot be equivalent protection. If the design slope of a final landfill cover exceeds 3-5%, the applicant must demonstrate that soil erosion will not be excessive and may need to perform a slope stability analysis. Waste and soil settlement must be included in calculations for the final landfill cover design to be substituted for a waste pile liner as equivalent protection under 3015(a). A flexible membrane liner should not be used in a final cover when the landfill is unusually deep and slopes are steep. Clean, not contaminated, soil should be used for the final cover. A leachate collection system design should be based on realistic infiltration rates. Geogrid and geotextile materials used in place of conventional drainage materials for a landfill must have an equivalent drainage capacity of a one-foot layer of compacted sand. Berms constructed of manufactured slag should not contain hazardous constituents. For landfills, the use of a composite primary liner below the primary synthetic liner is allowable. An owner of a land treatment unit who cannot establish vegetative cover may use an alternate closure procedure. A facility cannot extend closure in order to receive nonhazardous waste (SUPERSEDED: see current 264.113(d)). Addresses the role of the Agency for Toxic Substances and Disease Registry (ATSDR) in exposure information and evaluation. The review of Exposure Information Reports should be coordinated with ongoing RCRA Facility Assessments.
 
03/18/1987REACTIVE CHARACTERISTICS OF DISCHARGED LI/SO2 BATTERIESMemo
 Description: Based on the supplied data, EPA agrees that Li/SO2 (lithium-sulfur dioxide) batteries are unlikely to exhibit the reactivity characteristic when they are fully discharged to zero volts. Fully-charged and duty-cycle Li/SO2 batteries are reactive. The generator is responsible for the hazardous waste determination. The placement of ignitable (D001) or reactive (D003) waste into a landfill is prohibited unless it is treated, rendered, mixed before, or immediately after, placement in the landfill so that it is no longer characteristic (SEE ALSO: Part 268).
 
03/17/1987TOTALLY ENCLOSED TREATMENT EXEMPTION APPLICABILITY TO A BAGHOUSE SYSTEMMemo
 Description: The totally enclosed treatment unit (TETU) exclusion is intended to exempt treatment in pipes exiting a process unit. A treatment unit must be connected directly to a process unit. A dust fixation system is not connected directly to a process. A treatment unit downstream of a baghouse is not a TETU.
 
03/13/1987CORRECTIVE ACTION PLAN (CAP), CONTENTS AND USE OFMemo
 Description: Discusses the merits of the Interim Final RCRA Corrective Action Plan (See Also: RCRA Corrective Action Plan - Final, May 1994, EPA520-R-94-004, OSWER directive 9902.3-2A). Addresses the applicability of the Superfund Public Health Evaluation Manual to RCRA corrective action guidance.
 
03/11/1987CONTAMINATED GROUNDWATER, REGULATORY STATUS OFMemo
 Description: Interim status standards, not 264 standards, are imposed under 3008(h) orders. A treatment system for contaminated groundwater should be handled as a change during interim status. The leakage of hazardous waste compounds from process areas meets the definition of discarded. 264.1 and 265.1 provide exemptions for immediate response activities.
 
03/11/1987REPLACEMENT UNIT, DEFINED - WASTE CONSOLIDATION FROM SEVERAL IMPOUNDMENTSMemo
 Description: A replacement surface impoundment or landfill is a unit that is taken out of service, emptied by removing waste, and reused. A replacement unit must meet minimum technological requirements before reuse. An impoundment may change to a landfill during interim status, but becomes a replacement unit under changes during interim status (SEE ALSO: 270.72(b)).
 
03/10/1987GROUNDWATER CLEANUP STANDARDS/ACLS IN DRAFT HSWA PERMIT (INTERNATIONAL PAPER COMPANY)Memo
 Description: Groundwater protection standards may use alternate concentration limits (ACLs) or minimum detection limits. Groundwater containing hazardous waste must be managed as hazardous waste until the hazardous waste is removed. Concentration limits may be set at human health criteria levels that are above taste and odor thresholds. Achieving concentration limits at any monitoring does not terminate further monitoring.
 
03/06/1987FEDERAL FACILITIES INVENTORY UNDER RCRA 3016Memo
 Description: Discusses the availability of forms and instructions for the 1988 federal facility inventory and the applicability of RCRA to CERCLA cleanups. If Installation Restoration Program (IRP) sites are subject to both RCRA and CERCLA, the requirements of both programs must be satisfied. Under 3004(u), RCRA permits must address corrective action for releases from any inactive, closed inactive, closed, or abandoned units at a facility.
 
03/02/1987LIABILITY REQUIREMENTS FOR FACILITIES ACTIVELY SEEKING A RCRA PERMITMemo
 Description: Facilities seeking a permit must demonstrate financial assurance prior to permit issuance. Facilities who satisfactorily demonstrate compliance with the other Part 264 requirements, but cannot obtain financial assurance, may be given extra time to find alternative mechanisms before the permit is denied.
 
03/01/1987APPENDIX VIII, GROUNDWATER MONITORINGQuestion & Answer
 Description: Addresses the applicability of the proposed Part 264, Appendix IX (SUPERSEDED: See 52 FR 25947; 7/9/87).
 
03/01/1987SUBTITLE D SURVEYQuestion & Answer
 Description: EPA can use RCRA 3007 to obtain information from Subtitle D facilities that are using the statutory definition of hazardous waste in 1004(5).
 
03/01/1987TANKS HOLDING HAZARDOUS WASTEQuestion & Answer
 Description: Video monitoring could be used to meet the daily inspection and leak detection requirements for tank systems. A system must provide a comparable level of performance to visual inspection and must provide 24-hour leak detection.
 
02/25/1987VULNERABILITY GUIDANCEMemo
 Description: Discusses the applicability of the groundwater vulnerability guidance to RCRA permitting standards. It may be used for site characterization, surface impoundment retrofitting variances, leachate migration potential and impact, and hydraulic conductivity data collection.
 
02/24/1987WASTEWATER TREATMENT UNITS ARE NOT DESIGNATED FACILITIES AND MAY NOT RECEIVE OFF-SITE HAZARDOUS WASTESMemo
 Description: A facility with an exempt wastewater treatment unit (WWTU) is usually not a designated facility and cannot accept manifested off-site waste. A POTW with a permit-by-rule is a designated facility. A designated facility is facility permitted, interim status, or a recycler (SUPERSEDED: See RPC# 3/26/98-01).
 
02/01/1987LIQUIDS IN LANDFILLSQuestion & Answer
 Description: Liquids which have been stabilized by the addition of absorbents must have a compressive strength of 50 p.s.i. before being placed in landfills (SUPERSEDED: see 264.314, 57 FR 54452; 11/18/92).
 
01/20/1987BULK LIQUID HAZARDOUS WASTE SOLIDIFICATION REQUIREMENTSMemo
 Description: Provides guidance on determining an adequate binding level for chemically stabilizing bulk liquid waste. An owner or operator of a landfill is responsible for meeting the bulk liquid provisions (3004(c)(1)). A generator or client of a landfill is not responsible (SEE ALSO: RPC# 11/17/93-02).
 
01/01/1987CORRECTIVE ACTION - 3008(H)Question & Answer
 Description: 3008(h) applies to facilities which treat, store, or dispose of hazardous waste but that did not apply for interim status; units or facilities at which active operations have ceased and interim status has been terminated; and units which are currently operating under interim status. 3008(h) can be used to compel responses to releases at facilities that lost interim status prior to 3008(h) action.
 
01/01/1987CORRECTIVE ACTION 3008(H) FOR CONTAINER STORAGE FACILITYQuestion & Answer
 Description: EPA can issue a 3008(h) corrective action order for solid waste management units (SWMUs) at an interim status facility that has closed. A facility with closed units can retain interim status.
 
12/31/1986SPECIAL MATERIALS DISPOSED OF IN LANDFILLS: BATTERIES, CAPACITORS, LAB PACKSMemo
 Description: Batteries and capacitors are exempt from the landfill containerized liquid requirements. They do not need to be 90% full, crushed, or shredded before disposal (SEE ALSO: Part 273).
 
12/30/1986CONTAINERIZED AND BULK HAZARDOUS LIQUIDS IN RCRA LANDFILLSMemo
 Description: Any absorbent, biodegradable or non-biodegradable, may be used for the treatment and disposal of free liquids in a landfill (SUPERSEDED: see 57 FR 54452; 11/18/92, and RPC# 11/17/93-02).
 
12/30/1986DRAINS AND TRENCHES ASSOCIATED WITH TANK SYSTEMSMemo
 Description: In-building floor drains and outside-building trenches that are used to transfer hazardous waste to inground storage tanks comprise a tank system that requires secondary containment. Drains and trenches are ancillary equipment. Trenches may also be sumps that require secondary containment.
 
12/29/1986SURFACE IMPOUNDMENTS VIS-A-VIS NPDES-PERMITTED DISCHARGE POINTSMemo
 Description: A surface impoundment managing hazardous waste and that was not created by impounding water from “water of the US” is subject to RCRA. An impoundment located downgradient of an NPDES discharge point is regulated under CWA. Permit conditions are established by an EPA officer, not by the TSDF owner or operator.
 
12/22/1986TOTALLY ENCLOSED TREATMENT EXEMPTION APPLICABILITY TO A BAGHOUSE SYSTEMMemo
 Description: Baghouses do not remove 100% of hazardous constituents, and treatment downstream of a baghouse is not part of a totally enclosed treatment unit (TETU). A baghouse is not part of an industrial production process, but is associated with waste treatment. Manufacturing process units are not subject to RCRA.
 
12/19/1986TANK SYSTEMS APPLICABLE TO PRODUCTION TANKS DURING CLEANOUT, PROCESS TRANSFER EQUIPMENT, AND HOSE LINESMemo
 Description: A manufacturing process tank cleaned within 90 days after production ceases is not an accumulation tank. Discusses the status of a product hose line used for waste. Reused material from incomplete production is not a solid waste. Process equipment transferring hazardous waste (HW) is part of a HW tank system. Engineer certification for tanks must account for all factors in the regulations.
 
12/10/1986PERMITTING UNITS OR FACILITIES THAT HAVE LOST INTERIM STATUSMemo
 Description: Facilities that have lost interim status may apply for a Part B permit. EPA should review closure plans of facilities that have lost interim status without regard for pending permit applications. Discusses EPA policy for implementation of closure regulations for units pending permit approval or denial. Minimum technological requirements (3004(o)) may apply to a unit that lost interim status, closed, and reopened under a Part B permit.
 
12/08/1986INSTALLATION RESTORATION PROGRAM (IRP) - DODMemo
 Description: The DOD Installation Restoration Program (IRP) mirrors corrective action cleanups and provides useful data for implementing 3004(u) corrective action.
 
12/04/1986STANDARDS AGAINST WHICH 3004(O)(2) EQUIVALENCY PETITION SHOULD BE COMPARED - DOUBLE LINERMemo
 Description: The minimum technological requirement (MTR) (3004(o)) equivalency demonstration for landfills is evaluated against the interim statutory double-liner design (SEE ALSO: 57 FR 3462; 1/29/92).
 
12/01/1986EXISTING UNITS AND MIMIMUM TECHNOLOGY STANDARDSQuestion & Answer
 Description: Removing waste from a landfill, stabilizing it, and replacing it is not reuse or replacement of a landfill provided it is part of closure and no new waste is added. The landfill is still an existing unit and is not subject to the minimum technology standards of section 3004(o) (SEE ALSO: 57 FR 3464-3465; 1/29/92).
 
12/01/1986LEAK TESTING FOR EXISTING HAZARDOUS WASTE TANKSQuestion & Answer
 Description: An overview of the leak testing requirements for existing tank systems that do not yet have secondary containment. An existing tank system that has secondary containment is exempt from the sections 264.191 and 265.191 assessment.
 
11/28/1986TANK RULES APPLIED TO WWT UNITS AND DISTRIBUTION SYSTEMSMemo
 Description: A wastewater treatment unit (WWTU) is not subject to permitting. The closed-loop exclusion applies to a reclaimed material returned to the production process, production process is the manufacturing or primary activity. A manhole or sump serving as secondary containment must comply with Subpart J except for section 264.193.
 
11/24/1986PROPOSED PERMIT-BY-RULE FOR USED OIL RECYCLERSMemo
 Description: The filing of a used oil burner notification form 8700-12 before the effective date of the used oil rule will not subject the filer to the standards. Filing 8700-12 does not subject the filer to section 3004(u) corrective action. 8700-12 is not a permit application. A discussion of the proposed permit-by-rule provision for used oil recyclers per section 3014(d).
 
11/20/1986CONTAMINATED GROUND WATER AND VOLATILES FROM AIR STRIPPING, TREATMENT OFMemo
 Description: Contaminated groundwater is not a solid waste but must be handled as if it were a hazardous waste if it contains hazardous waste (contained in policy). Units handling such groundwater must be hazardous waste units. Such units may be exempt from permitting under the section 270.72 changes during interim status. Volatile organics released to the air during remediation are not solid wastes, but a release of hazardous constituents is subject to section 3008(h) corrective action authorities. The statute requires both air and groundwater contamination to be addressed. (SEE ALSO: 264/265 Subparts AA, BB, CC). A 1977 spill from a UST is subject to section 9003 corrective action is not subject to section 3008(h). The spraying of treated waste on land is land disposal and is subject to the land disposal restrictions (LDR).
 
11/13/1986GROUNDWATER CONTAMINATED WITH HAZARDOUS WASTE LEACHATEMemo
 Description: Groundwater is not a solid waste and is not subject to the mixture rule. Collected groundwater with hazardous waste (HW) leachate is handled as if it is a HW until it no longer contains a HW. Collected groundwater contaminated with a listed HW may be treated at an interim status facility per a 3008(h) order. EPA is examining whether permits should be required for corrective action. Discussion of the contained-in policy (SEE ALSO: 66 FR 27266; 5/16/01).
 
11/13/1986RCRA REGULATORY STATUS OF CONTAMINATED GROUNDWATERMemo
 Description: Contaminated groundwater is not a solid waste and not a hazardous by the mixture rule. The groundwater is hazardous if it contains a hazardous waste (HW). It must be handled as if it were that HW. Groundwater treated to no longer contain a HW would no longer be subject to regulation under the contained-in policy. Corrective action at a permitted facility could take place with a permit modification.
 
11/01/1986GENERATOR ACCUMULATION AND SECONDARY CONTAINMENTQuestion & Answer
 Description: LQGs are subject to the Part 265 Subpart J tank standards. Existing LQGs are not subject to the tank secondary containment provisions for underground tanks that cannot be entered for inspection until the State adopts the regulations.
 
11/01/1986HAZARDOUS WASTE FUEL IN INCINERATORSQuestion & Answer
 Description: An off-specification commercial chemical product (CCP) that is itself fuel or a component of fuel (e.g., benzene) is a hazardous waste when burned as a start-up fuel in an incinerator. Incinerators cannot use hazardous wastes as start-up or shut-down fuels unless the incinerator is operating within steady-state conditions or conditions specified in a permit.
 
11/01/1986TERMINATION OF PERMITSQuestion & Answer
 Description: A summary of reasons for which EPA can terminate a facility’s permit. If the owner or operator of facility has certified closure for all units and wants to terminate the permit before its expiration date, he/she should request a major permit modification (SEE ALSO: RPC# 10/1/86-05).
 
10/31/1986USED OIL TANK CLASSIFICATIONMemo
 Description: Tanks storing used oil are not subject to the hazardous waste tank standards. An underground tank storing used oil must comply with the Part 280 UST standards.
 
10/30/1986REQUIREMENTS OF A FACILITY GENERATING, STORING, AND MANIFESTING F001Memo
 Description: Storage facilities are subject to the financial assurance regulations.
 
10/20/1986STATE AUTHORIZATION TO REGULATE HAZARDOUS COMPONENTS OF RADIOACTIVE MIXED WASTESMemo
 Description: Until an authorized state is authorized for radioactive mixed waste, handlers of such wastes are not subject to RCRA. Mixed waste is a solid waste for purposes of corrective action. States applying for HSWA corrective action authorization must also get authorized for mixed waste.
 
10/12/1986HAZARDOUS WASTE LISTING FOR F006 WASTEMemo
 Description: The F006 listing does not cover chemical conversion coating, electroless plating, or printed circuit board manufacturing (unless the circuit board operation involves a F006-covered process, such as chemical etching). Chemical conversion coating includes chromating, phosphating, immersion plating, and coloring. The F006 listing covers sludges from anodizing and etching processes. Facilities that handle only wastes from excluded processes have never managed a hazardous waste, do not need a permit or interim status, are not subject to corrective action, and are not subject to closure. A F006 delisting petition is unnecessary for sludges from excluded processes.
 
10/08/1986CLOSURE AFTER CESSATION OF RECEIPT OF HAZARDOUS WASTEMemo
 Description: The goal of EPA’s closure regulations is to minimize the formation and migration of leachate to adjacent subsurface soil, groundwater, and surface water. EPA relies principally on the final cover to provide post-closure protection of groundwater.
 
10/07/1986CORRECTIVE ACTION TECHNOLOGY, HQ SUPPORTMemo
 Description: The Headquarters corrective action technology support for Regions. EPA has a corrective action technology database.
 
10/01/1986CORRECTIVE ACTION FOR NEW FACILITIESQuestion & Answer
 Description: The section 3004(u) corrective action authority covers all facilities seeking permits, including facilities at which no authorized hazardous waste management activity has taken place. Solid waste management units (SWMUs) include landfills, dumps, units in which RCRA-exempt wastes have been stored or disposed.
 
10/01/1986HAZARDOUS WASTE TANKSQuestion & Answer
 Description: Permits only incorporate regulations effective prior to the final administrative disposition of a permit. Regulations that are not yet effective may be added under the omnibus authority. A tank installed between 7/14/86 and the effective date is a new tank. All tanks that meet the definition of a new tank, must follow the new standards.
 
10/01/1986RETROFITTING SURFACE IMPOUNDMENTSQuestion & Answer
 Description: Surface impoundments not meeting the minimum technological requirements (3004(o)) cannot receive wastes after 11/8/88, unless the owner has obtained a variance. Closure does not have to occur by 11/8/88. The closure notification for an interim status unit is due by 6/8/88 (3005(j)).
 
10/01/1986SECONDARY CONTAINMENT VARIANCES FOR TANKSQuestion & Answer
 Description: A technology-based or risk-based variance from the secondary containment standards is available. The technology-based variance is for the alternative design or practice. A risk-based variance is for no present or potential hazard. A risk-based variance is not granted to new underground tank systems.
 
09/29/1986DOD'S IRP PROGRAM AND RCRA CORRECTIVE ACTIONMemo
 Description: A discussion on the relationship between DOD’s Installation Restoration Program (IRP) and developing RCRA permits for DOD facilities. The applicability of RCRA to IRP and non-IRP units. The section 3004(u) schedule of compliance may incorporate an IRP cleanup schedule.
 
09/29/1986RESPONSES TO ACCIDENTAL SPILLS OF LISTED OR CHARACTERISTIC HAZARDOUS WASTESMemo
 Description: An authorized official may approve the removal of a transportation spill without an EPA ID number or a manifest in an emergency. The transporter must respond immediately. A summary of the exemption from the sections 264 and 265 standards for immediate responses to hazardous waste discharges. Spills should be addressed in accordance with the contingency plan. Spills that are not cleaned up become land disposal sites subject to permitting. There is no definition of immediate response. Spill areas where hazardous waste is treated, disposed, or stored past an immediate response phase are subject to interim status and permitting standards. RCRA regulations do not specify the cleanup standards for spill situations.
 
09/26/1986GC/MC RATHER THAN GC FOR GROUNDWATER MONITORING PURPOSESMemo
 Description: States may require the use of a specified analytical methods for groundwater monitoring. Gas chromatography and mass spectrometry (gc/ms) that are used for organic analyses may not be consistent with the Federal program.
 
09/22/1986OPEN BURNING/OPEN DETONATION AT DOD FACILITIESMemo
 Description: RCRA does not apply to open burning/open detonation (OB/OD) training areas or impact ranges as long as they are not used for disposal. If they are used for disposal, the areas may be solid waste management units (SWMUs).
 
09/12/1986WOOD TREATMENT CYLINDER CREOSOTE SUMPSMemo
 Description: A sump collecting nonhazardous creosote from drips, leaks, or spills from wood treatment operations may be considered a solid waste management unit (SWMU) (SEE ALSO: 55 FR 50450; 12/6/90, F034 listing in 261.31, 264 Subpart W, 265 Subpart W, and 55 FR 30798; 7/27/90).
 
09/12/1986WOOD TREATMENT CYLINDER CREOSOTE SUMPSMemo
 Description: A sump used to collect creosote drippage, leakage, or other spillage from wood treatment is solid waste management unit (SWMU), and potentially subject to corrective action (even if waste in the sump is not hazardous).
 
09/11/1986INCINERATORS FOR DESTRUCTION OF NERVE AGENTS, HIGH PRIORITY PERMITTINGMemo
 Description: Priorities for permitting incinerators are for destruction of nerve agents. Permits for Pueblo Army Depot incinerators must comply with the state and EPA requirements.
 
09/11/1986PERMIT APPLICATIONS FOR DESTRUCTION OF NERVE AGENTSMemo
 Description: Priorities for permitting incinerators are for destruction of nerve agents. Permits for Pueblo Army Depot incinerators must comply with the state and EPA requirements.
 
09/05/1986SURFACE IMPOUNDMENT RECEIVING NON-HAZARDOUS WASTE AFTER HAZARDOUS WASTE W/O RETROFITTINGMemo
 Description: The HSWA and the legislative history do not state whether surface impoundments may receive nonhazardous waste after the final receipt of hazardous waste, EPA’s decision found in a 5/2/86 rule (SUPERSEDED: see 264.113(d), 265.113(d), and 54 FR 33376; 8/14/89).
 
09/04/1986MERCURY DRY CELL BATTERIES AND APPLICABLE REGULATIONSMemo
 Description: Mercury dry cell batteries (battery) that exhibit a characteristic are hazardous waste (HW) and must be managed by a HW management TSDF, unless they are household hazardous waste (HHW) or a CESQG waste (SEE ALSO: Part 273).
 
09/04/1986THIRD PARTY LETTERS OF CREDIT - CONVERTIBLE BONDSMemo
 Description: A letter of credit obtained by a third party on behalf of the owner or operator may meet the financial assurance requirements. Convertible bonds are acceptable for the financial test if it is rated investment grade by either of the required rating agencies.
 
09/01/1986HAZARDOUS WASTE TANK CLOSURE AND POST-CLOSUREQuestion & Answer
 Description: If the owner or operator closing a hazardous waste tank after 1/12/87 cannot remove and decontaminate all soil, etc. he/she must close the tank as a landfill, and comply with the post-closure and financial responsibility requirements. EPA may issue a section 3008(h) corrective action order if necessary.
 
09/01/1986RCRA ENFORCEMENTQuestion & Answer
 Description: A section 3008(h) order can be issued whenever there is evidence of a release of a hazardous waste to the environment. A discussion of examples of what may constitute “evidence”. The samples need not be taken. A section 3013 order may be used to compel testing to determine if there is evidence of a release.
 
08/28/1986SOLVENT-LADEN CLEANING RAGS UNDER RCRAMemo
 Description: EPA is considering a petition to exempt solvent-contaminated shop towels and disposable industrial wipers from the definition of hazardous waste under the mixture rule (SUPERSEDED: see RPC# 2/14/94-01). Evaporation in a generator accumulation container is not exempt as a condition of the exemption is that containers remain closed except to add or remove waste (SEE ALSO: Part 264/Part 265, Subpart CC).
 
08/27/1986SEALED BELLOW VALVES USED IN LIEU OF SECONDARY CONTAINMENT FOR GLOBE VALVESMemo
 Description: Sealed bellow valves on tanks may be used without external secondary containment and without a separate leak detection device. All connections and flanges used in conjunction with valves must be welded.
 
08/22/1986CORRECTIVE ACTION REQUIREMENTS FOR FEDERAL FACILITIES AND IRP ACTIVITIESMemo
 Description: The section 3004(u) corrective action authority applies to federal facilities. The DOD’s Installation Restoration Program (IRP) does not operate in lieu of the application of RCRA requirements on a regional level. EPA’s permit program is not delayed or postponed pending rulemaking establishing priorities for corrective action at federal facilities.
 
08/22/1986FINANCIAL ASSURANCE FOR CORRECTIVE ACTIONMemo
 Description: Financial assurance applies to all solid waste management units (SWMUs), including regulated units. Regulated units are a subset of SWMUs. A discussion of corrective action.
 
08/21/1986RCRA FACILITY ASSESSMENTS, IMPLEMENTATION OFMemo
 Description: An overview of the purpose of a RCRA Facility Assessments (RFAs). Complete RFAs typically include, among other sampling and analysis requirements, a site visit. A RFA may be appropriate before utilizing section 3008(h) corrective action orders.
 
08/19/1986TREATMENT OF HAZARDOUS WASTE IN PIPELINES LEADING TO A WASTEWATER TREATMENT PLANTTREATMENT OF HAZARDOUS WASTE IN PIPELINES LEADING TO A WASTEWATER TREATMENT PLANTMemo
 Description: An elementary neutralization unit (ENU) or wastewater treatment unit (WWTU) can be a series of connected units. A flume, gutter, pipe, or open channel may be defined as a tank. WWTU wastewater is water with few percent contaminants (SUPERSEDED: See RPC# 2/11/91-01, RPC# 6/2/93-04). Pouring characteristic hazardous waste (HW) into an industrial sewer drain pipe where HW mixes with wastewaters is not treatment as the dilution is incidental to the pipe's primary purpose of conveyance (SEE ALSO: 268.3). An open channel in an enclosed building is not a totally enclosed treatment unit (TETU). HW subject to substantive regulation is counted for generator category determination. HW piped directly into an ENU and CWA sewer discharge is not counted. The 261.3(a)(2)(iv) de minimis mixture rule exemption is only for listed HW mixtures, not characteristic mixtures.
 
08/15/1986CORPORATE GUARANTEE FOR LIABILITY COVERAGEMemo
 Description: A corporate guarantee mechanism requires a written statement from the Attorney General or the insurance commissioner to be sent to the EPA outlining that the guarantee is a legally valid and enforceable obligation in that state.
 
08/13/1986TANK CONVERSION FROM WASTE STORAGE TO FEEDSTOCK STORAGE - REGULATIONMemo
 Description: A waste storage tank that is closed and converted to product storage is no longer subject to Parts 264 Subpart J/265 Subpart J. A containment structure used to contain a release during an immediate response to a spill is exempt from permitting and the technical standards if the hazardous residue is removed. A release may be subject to section 3004(u) corrective action. Inactive disposal units that are clean closed before 11/19/80 may be subject to sections 3004(u) or 3008(h) corrective action if other hazardous waste management units are currently in operation.
 
08/07/1986LINER/LEACHATE COLLECTION SYSTEM COMPATIBILITYMemo
 Description: HDPE (high density polyethylene) is not a universal material for a liner and leachate collection system for surface impoundments, waste piles and landfills. Different HDPE material varies in physical and chemical properties. A liner and leachate collection system must be chemically resistant to waste in a landfill. This memo provides suggestions for testing landfill components.
 
08/06/1986ACLS UNDER THE RCRA AND CERCLA PROGRAMS, USE OFMemo
 Description: To establish an alternate concentration limit (ACL) a permit applicant must demonstrate that the hazardous constituents detected in the groundwater will not pose a danger to human health and the environment. Background levels or maximum concentration limits may also be used.
 
08/04/1986UIC CORRECTIVE ACTION REQUIREMENTS, IMPLEMENTATIONMemo
 Description: An overview of the section 3004(u) corrective action requirements and Underground Injection Control (UIC) well permits.
 
08/01/1986CLOSURE PLANS - APPEALSQuestion & Answer
 Description: No provisions under RCRA allow an owner or operator to appeal the final closure plan issued by the Regional Administrator (RA). In order to appeal, the owner or operator would have to pursue legal recourse outside of RCRA.
 
08/01/1986HAZARDOUS WASTE TANK REGULATIONSQuestion & Answer
 Description: Existing tanks and components must have secondary containment when they reach 15 years old. The age of piping is independent of the age of a tank for purposes of the secondary containment requirements.
 
08/01/1986HAZARDOUS WASTE TANKS AND GROUND-WATER MONITORINGQuestion & Answer
 Description: The final tank rules do not allow tank owners or operators to use a combination of groundwater monitoring and partial secondary containment. Tanks must have full secondary containment and an interstitial leak detection system.
 
08/01/1986LEAK DETECTION REQUIREMENTS FOR HAZARDOUS WASTE TANKSQuestion & Answer
 Description: Built-in continuous leak detection is required only for double-walled tanks, continuous leak detection may not be feasible or needed for other secondary containment systems. A daily visual inspection is acceptable for aboveground tanks to meet the leak detection requirements.
 
08/01/1986RELEASES FROM 90 DAY ACCUMULATION TANKSQuestion & Answer
 Description: Releases from 90 day accumulation tanks are not normally covered by RCRA sections 3004(u), 3004(v) or 3008(h) corrective action authorities, however, a leak from a generator tank which is not cleaned up may be considered open dumping under RCRA and could be covered by the imminent hazard provision of section 7003.
 
07/25/1986ANALYSIS OF APPENDIX IX CHEMICALS, PROPOSEDMemo
 Description: Facilities need to monitor for Appendix IX constituents in groundwater monitoring.
 
07/24/1986LIABILITY REGULATIONSMemo
 Description: Liability regulations assure funds will be available for third parties compensation, increases public confidence in and reduces opposition to proposed and existing hazardous waste management facilities, and promotes improved design and operation standards. Most insurers will require risk assessment before providing coverage.
 
07/23/1986FINANCIAL RESPONSIBILITY REGULATIONS RELATED TO BANKRUPTCY (LTV)Memo
 Description: The owner or operator, or a guarantor of a corporate guarantee must notify the Regional Administrator (RA) by certified mail of the commencement of a Chapter 11 Bankruptcy proceeding, naming the owner or operator as debtor, within 10 days after commencement of the proceeding.
 
07/15/1986LAND TREATMENT UNITS, DEPTH TO WATER TABLE REQUIREMENTMemo
 Description: The treatment zone in a land treatment unit must be one meter above the seasonally high water table.
 
07/08/1986TIME OF TRAVEL METHOD FOR THE GUIDANCE CRITERIA FOR IDENTIFYING AREAS OF VULNERABLE HYDROGEOLOGYMemo
 Description: A rationale for selecting the “time of travel” (TOT) along a 100-foot flow line (TOT100), used in identifying areas of vulnerable hydrogeology for TSDF location standards.
 
07/01/1986GROUNDWATER MONITORING: ESTABLISHING BACKGROUND VALUESQuestion & Answer
 Description: Guidance on establishing groundwater background levels at interim status facilities applying for a permit. An owner of a new facility need only submit plans for detection networks with a permit application, since well construction could constitute facility construction.
 
07/01/1986INTERIM STATUS CORRECTIVE ACTIONQuestion & Answer
 Description: Section 3008(h) corrective action can apply to interim status surface impoundments that have certified clean closure, because the facility remains in interim status. Certification of clean closure does not terminate interim status. A list of four ways interim status can be terminated.
 
06/30/1986THERMAL RELIEF VENTS ON HAZARDOUS WASTE INCINERATORS, ACCEPTABILITY OFMemo
 Description: Thermal relief vents (dump stack) that vent directly to the atmosphere are allowed. Incinerator facilities should limit the use by installing back-up systems and adding emission control systems to the vents.
 
06/27/1986USED OIL FUELS BURNED IN INCINERATORSMemo
 Description: Used oil (UO) regulations currently do not apply to UO burned as an auxiliary fuel in Subpart O incinerators, unless the UO exhibits a characteristic or is listed (SUPERSEDED: see 279.12, 279.61). Burning of auxiliary fuel in an incinerator is generally burning for destruction and not for energy recovery. Open burning of UO in pits for fire training is not regulated unless it is listed or exhibits a characteristic (SEE ALSO: RPC# 7/22/87-01).
 
06/25/1986FINANCIAL TEST (UNION CARBIDE, 3/86)Memo
 Description: Union Carbide’s 1986 financial test does not meet the financial test criteria because the financial test procedures used to calculate the test ration are incorrect and because of generally accepted accounting principles.
 
06/24/1986AUTHORIZATION OF STATE PROGRAMS TO IMPLEMENT LAND DISPOSAL RESTRICTIONS PROGRAMSMemo
 Description: State programs can be more stringent or broader in scope. EPA can enforce in an unauthorized state. A memo of understanding or overfiling keep programs consistent. A discussion of generator counting of waste cartridges. A totally enclosed treatment waste is subject to the land disposal restrictions (LDR).
 
06/16/1986PERMITTING AND CORRECTIVE ACTION REQUIREMENTS AFFECTING COMPLIANCE WITH LAND DISPOSAL RESTRICTIONSMemo
 Description: EPA does not have the discretion to waive the section 3005(a) preconstruction ban. Permits may be issued separately to different regulated units. An incinerator permit must address all releases from regulated units (RUs) and nonregulated units except for releases from RUs to groundwater, which are addressed in the permit for RUs (SEE ALSO: 63 FR 56711; 10/22/98). A discussion of the timing of groundwater corrective action v. corrective action for all other media.
 
06/12/1986BULK LIQUIDS AND DRAIN/LEACHING FIELDSMemo
 Description: Section 3004(c)(1) applies only to bulk liquid hazardous waste. the land disposal restrictions (LDR) limit the number of organic wastes placed on the land. Surface drain fields are regulated under RCRA as a land treatment facility, subsurface drain fields are regulated under SDWA.
 
06/11/1986PROHIBITION ON THE PLACEMENT OF BULK LIQUID HAZARDOUS WASTE IN LANDFILLS - STATUTORY INTERPRETIVE GUIDANCEMemo
 Description: A discussion of the prohibition on the placement of bulk liquid hazardous waste in landfills, and statutory (3004(c)) interpretive guidance.
 
06/10/1986PERMITTING INCINERATORSMemo
 Description: A trial burn and receipt of trial burn data is required prior to permit issuance in most cases. If the incinerator requires major modifications the permit may be issued prior to the trial burn.
 
06/04/1986PERMITS FOR PLACEMENT OF HAZARDOUS WASTE IN UNDERGROUND SALT MINESMemo
 Description: Hazardous waste other than bulk liquids, can be placed in salt mines if a permit is issued. Salt mines may be miscellaneous units. An overview of the State and Federal consultation process on joint permitting.
 
06/02/1986BYPRODUCT MATERIAL AND MIXED WASTE, AEA AND DOE INTERFACEMemo
 Description: The Atomic Energy Act (AEA) definition of byproduct material is not definitive. Waste streams must be judged on a case-by-case basis. All radioactive mixed waste are subject to RCRA. Mixed waste units are corrective action solid waste management units (SWMUs) even if state is not authorized for mixed waste. Mixed waste units are not regulated in an authorized state until the state is authorized for mixed waste.
 
06/01/1986CORRECTIVE ACTION IN PERMITSQuestion & Answer
 Description: The section 3004(u) corrective action requirement for facilities seeking permits is not applicable to interim status facilities which convert to generator status or which close no land disposal units. Facilities without regular or post-closure permits must conduct corrective action for releases at a solid waste management units (SWMUs) under section 3008(h) or section 7003. The section 3008(h) orders may be issued after closure.
 
06/01/1986FINANCIAL REQUIREMENTS/CLOSURE COSTSQuestion & Answer
 Description: The procedures for determining the pay-in period for units with different closure dates at a facility that uses a trust fund to comply with the closure financial assurance requirements.
 
06/01/1986TREATMENT STUDIES AND PERMITS Question & Answer
 Description: Hazardous waste samples collected for a treatability studies do not qualify for section 261.4(d). An overview of treatability studies subject to interim status or permit standards. Experimental testing may be conducted under a research, development and demonstration (RDD) permit, or Subpart X (Miscellaneous Units) (SUPERSEDED: See 261.4(e) and (f)).
 
05/27/1986RESIDUES FROM MUNICIPAL WASTE RESOURCE RECOVERY FACILITIES; MUNICIPAL WASTE COMBUSTION RESIDUES-ASH AND SLUDGEMemo
 Description: Municipal waste combustion (MWC) ash may exhibit the toxicity characteristic. Hazardous ash disposed in landfills is subject to all hazardous standards. EPA has authority under CAA and RCRA to control dust. RCRA is the primary authority for groundwater protection at active landfills (SEE ALSO: RPC# 10/1/94-02; 59 FR 29372; 6/7/94; 60 FR 6666; 2/3/95; RPC# 3/22/95-01).
 
05/23/1986LIME SLUDGE IMPOUNDMENT SLUDGE, DELISTING OFMemo
 Description: A lime sludge surface impoundment containing K049 and K051 may be subject to permitting and closure requirements even if no waste management occurs based on a Regional interpretation.
 
05/15/1986UPPERMOST AQUIFER IN FILL, IDENTIFICATION OFMemo
 Description: Groundwater monitoring must detect contamination in the uppermost saturated zone.
 
05/12/1986DEIONIZATION ACID REUSED, NOT A WASTEMemo
 Description: Corrosive materials (deionization acid) that are beneficially reused as effective substitutes for a virgin material, meet relevant specifications for contamination levels, and used under controlled conditions are not solid waste. Discussion of the retroactive application of exclusions from the definition of solid waste. A surface impoundment holding waste which has never been solid waste need not be closed.
 
05/08/1986CLOSURE/POST-CLOSURE REGULATIONS/PARTIAL CLOSURE (EMELLE,AL)Memo
 Description: EPA modified the procedural requirements for partial closures and subsequent post-closure responsibilities in the May 2, 1986 Federal Register (51 FR 16422).
 
05/08/1986CORRECTIVE ACTION/PERMIT ISSUES - U.S. ARMY - ABERDEEN PROVING GROUNDSMemo
 Description: An overview of corrective action permitting at federal facilities. A discussion of the definition of a facility. The owner of federal lands is the department or agency. Unexploded ordnances on target practice ranges are not considered discarded or a solid waste (SEE ALSO: 62 FR 6622; 2/12/97). The section 3004(u) solid waste management units (SWMUs) may be underwater. Discusses the mixed waste regulation (SEE ALSO: 51 FR 24504; 7/3/86, and 52 FR 15937; 5/1/87).
 
05/07/1986DIOXIN TRIAL BURNS FOR PURPOSES OF CERTIFICATION OR A RCRA PERMITMemo
 Description: A certification is not required prior to the dioxin trial burn. The incinerator facility should use dioxin waste as a trial burn fuel. There may be cases where a synthetic material should be substituted as test fuel.
 
05/01/1986CORRECTIVE ACTIONQuestion & Answer
 Description: The section 3004(u) financial responsibility requirement for corrective action extends to section 3004(v) corrective action beyond the facility boundary.
 
04/27/1986BAN ON USE OF LIQUIDS IN LANDFILLSMemo
 Description: Contact runoff from the active portion of landfill is a liquid hazardous waste because it is mixed with hazardous leachate (SEE ALSO: 61 FR 18779; 4/29/96). The placement of nonhazardous liquids on a landfill to meet requirements such as wind dispersal or dust suppression are not prohibited (3004(c)(3)).
 
04/21/1986LIQUIDS FOR WIND DISPERSAL CONTROL AT HAZARDOUS WASTE LANDFILLS, USE OFMemo
 Description: Nonhazardous liquids used for wind dispersal control at hazardous waste landfills are not subject to the section 3004(c)(3) liquid restrictions. The liquid restrictions cover treatment, storage, and disposal, not the use of a nonhazardous liquid for compliance with the technical requirements (SEE ALSO: current 264.301, 265.301).
 
04/21/1986NEUTRALIZATION SURFACE IMPOUNDMENTS, RETROFITTING VARIANCESMemo
 Description: Interim status surface impoundment may be exempt from retrofitting if they neutralize waste and demonstrate no migration of constituents. The section 3005(j)(4) exemption is similar to section 265.90(e). Section 3005(j)(2) may apply to a neutralization impoundment. An impoundment that is exempt from groundwater monitoring must comply with section 270.14(c).
 
04/18/1986CORRECTIVE ACTION AT FEDERAL FACILITIESMemo
 Description: An overview of corrective action at federal facilities. Until EPA issues a final rule on priorities for corrective action at federal facilities, EPA Regions must continue to process and issue permits to federal facilities that include section 3004(u) corrective action schedule of compliance (SEE ALSO: 51 FR 7722; 3/5/86).
 
04/17/1986INSPECTION AUTHORITY UNDER SECTION 3007 OF RCRAMemo
 Description: Discusses the scope of EPA's inspection authority under RCRA 3007 and the relationship between Sections 3007 and 7003, 3004(u), 3008(h), 4005, and 4010.
 
04/15/1986CORRECTIVE ACTION AT FEDERAL FACILITIESMemo
 Description: EPA plans to develop rules implementing corrective action at federal facilities.
 
04/12/1986BYPRODUCT MATERIAL, DEFINITION OFMemo
 Description: A summary of the definition of by-product material under the Atomic Energy Act (AEA). Radioactive mixed waste is considered a solid waste for purposes of corrective action at solid waste management units (SWMUs).
 
04/11/1986PERMITTING REQUIREMENTS FOR A PCB INCINERATORMemo
 Description: A RCRA permit is not required for the storage and incineration of nonhazardous PCBs. A TSCA incinerator must obtain a RCRA permit prior to the management of hazardous waste, not necessarily prior to the construction. A facility may use TSCA burn data in lieu of a RCRA trial burn.
 
04/09/1986NEUTRALIZATION SURFACE IMPOUNDMENTS, GROUNDWATER MONITORING FOR CLOSURE OF INTERIM-STATUSMemo
 Description: Interim status surface impoundments may close per section 265.228(b) without groundwater wells but remain subject to a post-closure permit (SEE ALSO: 63 FR 56711; 10/22/98), close per section 265.288(c) and install wells when a post-closure permit is called, or close per section 265.228(b) with wells and show closure by removal (SUPERSEDED: see 3/19/87; 52 FR 8704).
 
04/07/1986ENVIRONMENTAL RELEASES FROM WOOD PRESERVING PLANTSMemo
 Description: A summary of EPA regulations applicable to releases from wood preserving facilities. The wood preserving process wastewater effluent is subject to the CWA (SEE ALSO: 261.4(a)(9)). The storage or mixing tanks, kraft bags can be empty containers under section 261.7. Discusses the applicability of the F020, F021, F026, F027 listings. Dioxin wastes are acutely hazardous and are subject to the 1 kg threshold. Wastewater treatment sludges from creosote and pentachlorophenol (PCP) are K001. An explanation of the closure of units used to treat these process wastewaters. The applicability of the EP (extraction procedure) toxicity characteristic (SUPERSEDED: see 261.24) to wood preserving wastes. A discussion of section 3004(u) and (v) corrective action at wood preserving facilities.
 
04/07/1986WOOD PRESERVING AND SURFACE PROTECTION FACILITIES, CONTROLLING ENVIRONMENTAL RELEASES FROMMemo
 Description: A summary of EPA regulations applicable to releases from wood preserving facilities. The wood preserving process wastewater effluent is subject to the CWA (SEE ALSO: 261.4(a)(9)). The storage or mixing tanks, kraft bags can be empty containers under section 261.7. Discusses the applicability of the F020, F021, F026, F027 listings. Dioxin wastes are acutely hazardous and are subject to the 1 kg threshold. Wastewater treatment sludges from creosote and pentachlorophenol (PCP) are K001. An explanation of the closure of units used to treat these process wastewaters. The applicability of the EP (extraction procedure) toxicity characteristic (SUPERSEDED: see 261.24) to wood preserving wastes. A discussion of section 3004(u) and (v) corrective action at wood preserving facilities.
 
04/02/1986CLOSURE OF A DOE SURFACE IMPOUNDMENT THAT LOST INTERIM STATUSMemo
 Description: A waste from a surface impoundment that lost interim status may be removed, treated, and placed back in the unit at closure. The replacement of waste from the same surface impoundment for closure does not constitute reuse. When unable to remove all constituents from the unit the owner or operator should follow section 265.310 closure as a landfill requirements.
 
04/01/1986CORRECTIVE ACTION FOR UIC WELLSQuestion & Answer
 Description: An underground injection control (UIC) permit issued after 11/8/84, is not a RCRA permit-by-rule until corrective action requirements have been met for all solid waste management units (SWMUs) at the facility. Corrective action for the well itself will be addressed in a UIC permit.
 
04/01/1986CORRECTIVE ACTION ORDERS UNDER 3008(H)Question & Answer
 Description: The section 3008(h) authority extends to facilities that should have had interim status, but failed to notify EPA under section 3010, or failed to submit a Part A application.
 
03/26/1986ABOVE-GROUND LAND EMPLACEMENT FACILITIES, N.J. LAWMemo
 Description: Above ground long-term storage or disposal is land disposal. Section 3004(c)(1) prohibits the addition of absorbent to bulk liquid hazardous waste for disposal in a landfill. Section 3004(c)(2) allows the addition of non-biodegradable absorbent to containerized hazardous liquid (SEE ALSO: RPC# 11/17/93-02), current 264.314, 265.314).
 
03/26/1986REPLACEMENT UNIT, DEFINITION, FOR SURFACE IMPOUNDMENTMemo
 Description: A replacement surface impoundment unit must retrofit to meet the liner and leachate collection system standards. Replacement unit means a unit is taken out of service, all or substantially all of the waste is removed, and the unit is reused. A surface impoundment is out of service if the normal flow of waste ceases. Ninetyfive percent (95%) removal is substantial removal. The receipt of new waste is reuse.
 
03/26/1986SMALL QUANTITY GENERATOR WASTE STREAMS - TANK RISK ANALYSISMemo
 Description: A discussion of dominant risk constituents from various small quantity generator (SQG) tank wastestreams. The risk associated with waste is summarized by using the dominant risk constituent.
 
03/24/1986FACILITIES NOT SUBJECT TO CORRECTIVE ACTIONMemo
 Description: Facilities submitting Part A permit applications which never treated, stored, or disposed of hazardous waste (protective filing) have not achieved interim status. Such facilities are not subject to sections 3004(u) or 3008(h) corrective action authorities.
 
03/20/1986CAPTIVE INSURANCE COMPANIES TO COMPLY WITH LIABILITY COVERAGE REQUIREMENTS, CREATION OFMemo
 Description: The coverage for bodily injury or property damage to third parties is required for hazardous waste management facilities. Some industries have established captive insurance companies to comply with the liability requirements.
 
03/14/1986SUMMARY OF PERMIT ASSISTANCE TEAM (PAT) COMMENTSMemo
 Description: The owner of a landfill applying for the liner exemption must show that the unit prevents migration of hazardous constituents. The bulk treatment for hazardous liquids cannot include absorption. Bulk liquids that have been chemically stabilized must pass the paint filter liquids test. Guidance on filtering groundwater prior to analysis. Brass bailers should not be used when sampling groundwater for metals. Guidance on the use of mathematical models when aquifers have unique features. The definition of a solid waste management unit (SWMU) includes the areas with routine and systematic releases. The use of surface water limits as Alternate Concentration limits (ACLs). Guidance on determining the potential point of exposure for ACL applications. The use of modeling information in establishing ACLs. ACL guidance allows grouping of hazardous constituents. Activated carbon filtration may not be appropriate for pentachlorophenol (PCP)-contaminated groundwater. Corrective action programs for regulated land disposal units must be part of a facility’s permit. The owner of a facility who counterpumps contaminated groundwater during corrective action must handle the contaminated groundwater as a hazardous waste, the Part B application must include groundwater management procedures.
 
03/06/1986GASEOUS EMISSIONS FROM LANDFILLSMemo
 Description: the EPA has authority under RCRA sections 3004(n) and 4004(a), and CAA to regulate gaseous emissions for hazardous and nonhazardous waste landfills (refer to CAA regulations for additional information).
 
03/03/1986CONSTRUCTION OF A NEW LANDFILL CELL AND THE OMNIBUS PROVISIONMemo
 Description: The construction of a new landfill cell at an interim status facility does not require a permit if the unit was detailed in an original Part A application. The landfill cell must have a double liner and a leachate collection system. A set of guidance on the location criteria and vulnerable groundwater for TSDFs. The omnibus permitting authority (3005(c)(3)) applies to permit conditions, and gives EPA a right to impose additional requirements on the construction of a new landfill cell at an interim status facility that is otherwise exempt from changes during interim status provisions (i.e., does not need to submit modified Part A).
 
03/01/1986FINANCIAL TEST LIABILITIESQuestion & Answer
 Description: Discusses the definition of total liabilities for purposes of a financial test mechanism ratio. The total should include accounts payable.
 
03/01/1986FUME INCINERATORSQuestion & Answer
 Description: A fume incinerator used only to destroy gaseous emissions from an industrial process is not subject to RCRA because fume input is an uncontained gas, not a solid waste. The unit burning hazardous waste as a fuel is subject to Subpart O unless it is a BIF.
 
02/25/1986TORPEDO PROPULSION UNITS SHIPPED FOR RECYCLING, REGULATION OFMemo
 Description: Metal torpedo components which must be decontaminated before reuse are not exempt under 261.2(e). Components are scrap metal and are exempt when reclaimed. A sump defined as a tank can be a wastewater treatment unit (WWTU). Hazardous waste (HW) surface impoundments are not WWTUs. If it is storing HW prior to neutralization and is not part of WWTU or other exempt unit, a sump is subject to 262.34 or Parts 264/Part 265.
 
02/13/1986APPLICABILITY OF PERMITTING REGULATIONS TO RECYCLERS Memo
 Description: A recycling facility that does not store waste prior to recycling does not need a RCRA Subtitle C permit. The facility must comply with the 3010 notification requirements and the manifest requirements of 265.71 and 265.72.
 
02/13/1986CORRECTIVE ACTION AT FEDERAL FACILITIES, NATIONAL PRIORITIESMemo
 Description: EPA’s historical plans to address the national priorities for corrective action at federal facilities (SEE ALSO: 51 FR 7723; 3/5/86, 53 FR 50568; 12/16/88, and Federal Facility Compliance Act (FFCA)).
 
02/12/1986UNRINSED CONTAINERS WHICH FORMERLY CONTAINED AN UNUSED FORMULATION OF PENTACHLOROPHENOLMemo
 Description: Discussion of the treatment, storage, and disposal options for dioxin wastes. An unrinsed container which contained unused pentachlorophenol (PCP) is F027 subject to all regulations applicable to acute hazardous waste (HW). Residues from the incineration of an acute HW remain acutely hazardous (SUPERSEDED: See F028 listing in 261.31). Incinerators burning dioxin wastes must meet 99.9999% Destruction and Removal Efficiency (DRE).
 
02/11/1986TOTALLY ENCLOSED TREATMENT EXEMPTION FOR SCRAP METAL RECYCLERMemo
 Description: A tank treating emission control dust at a scrap metal recycler is not a totally enclosed treatment unit (TETU) since the treatment occurs downstream of the baghouse, and the baghouse is not part of the production process. Characteristic emission control dust is a sludge, and is not a solid waste if recycled. If the dust is returned to cupola for metal recovery, the process is exempt reuse.
 
02/06/1986TOTALLY ENCLOSED TREATMENT EXEMPTION FOR WET-AIR OXIDATION UNIT(VERTECH)Memo
 Description: The totally enclosed treatment unit (TETU) definition does not include a unit that discharges waste during treatment. Wet air oxidation units, incinerators, and thermal treatment units are not TETUs. Neutralization in a pipe is TETU. An underground wet air oxidation unit and associated above ground thermal treatment processes may be permitted via a research, development, and demonstration permit (RDD), or a miscellaneous unit permit.
 
02/06/1986WASTE MINIMIZATION AND INCLUSION OF RECYCLINGMemo
 Description: The waste minimization certification on the manifest, a biennial report, and a TSDF permit, is mandatory (3002(b)) (SUPERSEDED: no longer required on biennial report, see 1997 Hazardous Waste Report Instructions). There is no guidance on what constitutes a waste minimization program or activity. The generator determines compliance with the waste minimization criteria. Recycling is a form of waste minimization.
 
02/01/1986LIABILITY REQUIREMENTSQuestion & Answer
 Description: A company providing insurance need not be licensed in state where the facility is located unless it is required by the state. Off-shore (foreign) entities may provide insurance for a domestic TSDF provided it is licensed in one or more states.
 
01/31/1986RCRA CORRECTIVE ACTION PROCEDURES AND AUTHORITIESMemo
 Description: Discusses the procedures for terminating interim status. The applicability of corrective action to land disposal units receiving hazardous wastes after 7/26/82. The applicability of and authorities for corrective action and monitoring requirements for facilities undergoing closure with continuous releases. Guidance on fuels as a hazardous wastes (SEE ALSO: 59 FR 55778; 11/8/94).
 
01/23/1986SOLID WASTE MANAGEMENT UNITS, INFORMATION ONMemo
 Description: A discussion of information to be compiled on solid waste management units (SWMUs) by Regions.
 
01/21/1986CONTAINERS STORING HAZARDOUS WASTE, REQUIREMENTSMemo
 Description: There are no specific container design requirements, instead there are general performance standards. Containers that meet the DOT standards are acceptable hazardous storage containers. Manufacturers of containers cannot obtain a permit in lieu of the facility owner or operator.
 
01/16/1986IDENTIFICATION NUMBERS FOR RESIDUES GENERATED FROM THE TREATMENT OF HAZARDOUS WASTEMemo
 Description: The residue from the treatment of a listed waste retains listing via the derived-from rule (SEE ALSO: 66 FR 27266; 5/16/01). The residue from the treatment of a characteristic waste is regulated only if the residue exhibits a characteristic. The TSDF is the generator of the treatment residue (SEE ALSO: RPC# 11/17/89-02).
 
01/16/1986RESIDUES GENERATED FROM THE TREATMENT OF HAZARDOUS WASTE, I.D. NUMBERS FORMemo
 Description: The residue from treatment of a listed waste retains the listing via the derived-from rule (SEE ALSO: 66 FR 27266; 5/16/01). Residue from the treatment of characteristic waste is regulated only if the residue exhibits a characteristic. The TSDF is the generator of treatment residue (SEE ALSO: RPC# 11/17/89-02).
 
01/03/1986BOILERS AND INCINERATORS, DISTINCTION BETWEEN/INTEGRAL DESIGN STANDARDMemo
 Description: The boiler definition applies to units where the combustion chamber and the heat recovery unit are of integral design. The boiler variance procedures classify units as incinerators. The burning of hazardous waste fuel in a nonindustrial boiler is prohibited (SUPERSEDED: see 56 FR 7134; 2/21/91).
 
01/03/1986CORPORATE GUARANTEE AS ALTERNATIVE MEANS TO MEET FINANCIAL REQUIREMENTS; FACILITY TRANSFER/RECONSTRUCTION DURING INTERIM STATUSMemo
 Description: In the past EPA has discouraged the use of a parent company corporate guarantee to meet the financial responsibility liability coverage. EPA has reconsidered its position (SUPERSEDED: SEE 264.143(f)(1), 265.143(e)(1); 52 FR 44314; 11/18/87). Because the transfer of the interim status storage facility’s operations to a new site amounts to the reconstruction of a facility, the owner must obtain a permit before beginning construction under changes during interim status. An existing facility must close under 265 Subpart G.
 
01/02/1986PERMIT-EXEMPT STATUS OF SLUDGE DRYERS ADDED TO WASTEWATER TREATMENT UNITSMemo
 Description: A sludge dryer that meets the wastewater treatment unit (WWTU) definition is exempt from permitting. Sludge drying is a treatment. Presses, filters, and sumps may be tanks under the definition of a WWTU. Tanks not discharging under sections 402 or 307(b) of CWA that are part of the wastewater treatment system meet the exemption. WWTU tanks may volatilize their contents and retain the exemption. Sludge dryers can be used to meet the section 3002(b) waste minimization requirements. While the WWTU is exempt from permitting, hazardous waste sludge removed from the unit is subject to regulation.
 
01/02/1986SLUDGE DRYER ADDED TO WASTEWATER TREATMENT UNIT-EFFECT ON WWTU EXEMPTIONMemo
 Description: The addition of sludge dryer to a wastewater treatment unit (WWTU) does not jeopardize the unit exemption as long as the sludge dryer meets the unit definition. Tanks include presses, filters, sumps and processing equipment. WWTU include covers, sludge digesters, thickeners and dryers. A unit meets the WWTU definition even if the discharge is not subject to the CWA. Other tanks in the system must have discharge subject to the CWA. Tanks that volatilize contents can be exempt as a WWTU. Sludge removed from the unit is subject to RCRA.
 
01/01/1986CORRECTIVE ACTIONQuestion & Answer
 Description: Section 3004(u) corrective action is required for permits issued after 11/8/84. A facility seeking a major modification to a RCRA permit issued prior to 11/8/84 is not required to address section 3004(u) corrective action. A facility permit being reviewed for reissue is subject to section 3004(u).
 
12/30/1985INTEGRAL DESIGN STANDARD IN BOILER DEFINITION (LUBRIZOL)Memo
 Description: A rotary bed furnace with secondary combustion and an attached waste heat boiler does not meet the integral design standard of boiler definition nor the fluidized bed or process heater exemption. The unit is an incinerator. The boiler variance is not appropriate for furnaces ducted to heat recovery boilers.
 
12/24/1985RD&D PERMIT FOR A SLUDGE DRYING PROCESS IN A WASTEWATER SYSTEMMemo
 Description: For wastewater treatment unit (WWTU) exemption, tanks can include sumps, presses, filters, sludge dryers, or other equipment. A sludge dryer can be an exempt WWTU, although the hazardous waste sludges removed from dryer are subject to full regulation.
 
12/23/1985RD&D PERMITS - POLICY GUIDANCEMemo
 Description: Research, development, and demonstration (RDD) permittees must manifest unused/reduced waste to a permitted facility (SEE ALSO: 260.10, definition of designated facility). Explains no set of requirements for RDD information reporting. RDD permit can cover activities which may potentially occur. Discusses the partial closure of a RDD facility. Discusses that sold equipment should be decontaminated. Discusses that there is no policy on expediting permitting mobile treatment units (SEE ALSO: 264 Subpart X).
 
12/16/19853008(H) OF THE SOLID WASTE DISPOSAL ACT, INTERPRETATION OFMemo
 Description: An interpretation of and guidance on section 3008(h) interim status corrective action authorities and orders.
 
12/13/1985LAND DISPOSAL UNIT CLOSURE - CLARIFICATION OF PROPOSED AND PROMULGATED RULESMemo
 Description: A land disposal unit that closes prior to the effective date of any regulation listing or characterizing a waste in the unit as hazardous is not regulated under Subtitle C (active management). The same unit located at an interim status facility or a facility seeking a permit may be subject to portions of HSWA. Under 3004(o)(1)(A), landfill and surface impoundment permits must require the installation of liners, leachate collection systems, and groundwater monitoring systems (minimum technological requirements (MTR)). Section 3005(j) requires interim status surface impoundments in existence on 11/8/84 to be in compliance with MTR (3004(o)) by 11/8/88. A surface impoundment that becomes regulated after 11/8/84 due to a new listing or characteristic is subject to the minimum technological requirements (MTR) four years from date of a new listing or characteristic (3005(j) and 3004(o)(1)). A land disposal unit that is not required to obtain a RCRA permit and not otherwise subject to HSWA does not have to be retrofitted under 3004(o).
 
12/05/1985PROHIBITION ON PLACING LIQUIDS IN LANDFILLMemo
 Description: The addition of absorbent to a bulk liquid hazardous waste intended for disposal violates RCRA (SEE ALSO: 11/17/93-02). The land disposal definition for the land disposal restrictions (LDR) includes landfills (3004(k)). An authorized State must permit the landfill under RCRA to be a RCRA landfill, a deviation under state law does not constitute a RCRA permit.
 
12/03/1985REQUIREMENTS FOR CHANGING STATUS OF A TANK FROM TSD TO GENERATOR ACCUMULATIONMemo
 Description: A generator who is also an operator of a TSDF can convert an interim status tank or container to a generator accumulation unit under 262.34. The enforcement agency will determine applicable closure requirements. If a Part B was submitted, the applicant should notify the Region of the change.
 
12/01/1985COMPLIANCE TO DETECTION GROUNDWATER MONITORINGQuestion & Answer
 Description: Once a facility is in compliance monitoring, the owner or operator must continue compliance monitoring for the number of years equal to the active life of the facility. Once the compliance period has ended, the owner may return to detection monitoring if certain conditions are met.
 
11/27/1985LOSS OF FINANCIAL RESPONSIBILITY COVERAGE ON INTERIM STATUS AND PERMIT ISSUANCEMemo
 Description: An interpretation of land disposal facilities for purposes of 3005(e)(2) loss of interim status (LOIS) provision. All interim status TSDFs are subject to RCRA financial assurance requirements. EPA will not issue a Part B permit unless the owner is in compliance with the financial assurance regulations.
 
11/26/1985CONTAINERS FOR SAFE AND ECONOMICAL STORAGE, TRANSPORT, AND DISPOSAL OF HAZARDOUS WASTE, DEVELOPMENT OFMemo
 Description: Hazardous waste cannot be stored in containers that leak. The waste must be compatible with the container. Containers meeting DOT standards are acceptable hazardous waste storage containers.
 
11/20/1985HEAT RECOVERY UNIT AS A BOILER OR AN INCINERATORMemo
 Description: The definition of a boiler requires that the energy recovery system be of an integral design to the combustion chamber, not merely joined by ducts or connections. Add-on devices are not boilers. Add-on devices may be an incinerator. The variance to classify apply to devices that are not considered by the boiler definition
 
11/19/1985CHEMICAL AGENT/MUNITIONS SYSTEM (CADMS) IS NOT TOTALLY ENCLOSED AND SUGGESTED RD&D PERMIT; ARMY CHEMICAL/MUNITIONS SYSTEM, REGULATORY STATUS OFMemo
 Description: The totally enclosed treatment facility (TETU) definition does not apply to activities not connected to industrial production process. Incinerators are not TETUs since they will not prevent a release of all hazardous wastes and constituents. Addresses duration, and permit application and modification procedures for research, development and demonstration (RDD) permits.
 
11/14/1985SURFACE IMPOUNDMENT RECEIVING LEACHATE, REGULATION OFMemo
 Description: A surface impoundment accepting landfill leachate exhibiting a characteristic is a hazardous waste facility.
 
10/29/1985HSWA APPLIED TO FEDERAL FACILITIES (DOE-OAK RIDGE)Memo
 Description: The applicability of 3004(u), 3004(v), and 3008(h) corrective action authorities to federal facilities is uncertain (SUPERSEDED: Federal Facility Compliance Act (FFCA)); EPA policy allows the NPDES program to address releases otherwise within the scope of 3004(u) to be addressed by that program.
 
10/28/1985GROUNDWATER MONITORING VARIANCE REQUIREMENTSMemo
 Description: The groundwater monitoring variance submissions must demonstrate that the unit will not allow migration of hazardous constituents beyond the layer of containment.
 
10/18/1985SOLIDTEK LANDFILL/LINER DESIGNMemo
 Description: Discusses the landfill bottom liner permeability requirement for a three-foot recompacted clay bottom liner. A composite bottom liner design is more protective (SUPERSEDED: see 57 FR 3462; 1/29/92).
 
10/01/1985GROUNDWATER MONITORING WELL CONSTRUCTIONQuestion & Answer
 Description: Guidance on the use of bladder pumps and sample tubing for obtaining groundwater samples.
 
10/01/1985LOSS OF INTERIM STATUSQuestion & Answer
 Description: Physical compliance for purposes of 3005(e) certification means the facility must have a groundwater monitoring system meeting the section 265.91 specifications physically in place, and sampling and analysis must be underway.
 
10/01/1985PERSONNEL TRAINING DURING POST-CLOSUREQuestion & Answer
 Description: Personnel training may not be required during post-closure if the owner or operator of an interim status surface impoundment or landfill is no longer actively managing hazardous waste. The owner must address all of the information requirements of 270.14 and 270.17 in post-closure permit application.
 
10/01/1985WASTE PILES AND POST-CLOSURE PERMITS, APPLICATION OF NOVEMBER 1988 DEADLINE TOMemo
 Description: Waste piles, since they are land disposal units, should have had permit applications issued or denied by November 1988 (HSWA 3005(c)(2(A)(i)). Discusses priorities for issuing post-closure permits. EPA can apply 3008(h) or 3004(u) (through post-closure permits) at land disposal units with likely or actual releases (SEE ALSO: 63 FR 56711; 10/22/98).
 
09/25/1985POST-CLOSURE PERMITTING REQUIREMENTS FOR NON-REGULATED UNITSMemo
 Description: A land disposal unit that stopped receiving waste prior to 7/26/82 and closed after 1/26/83 is subject to post-closure permitting requirements but is not subject to 264 Subpart F groundwater monitoring (SUPERSEDED: see 270.1(c) and 63 FR 56711; 10/22/98). If the unit is closed under interim status, 265 groundwater monitoring applies. A land disposal unit in interim status post-closure is subject to 3008(h) for groundwater contamination. An interim status unit at facility which has another unit requiring a permit is subject to 3004(u) corrective action authority.
 
09/25/1985POST-CLOSURE PERMITTING REQUIREMENTS FOR NON-REGULATED UNITSMemo
 Description: A land disposal unit that stopped receiving waste prior to 7/26/82 and closed after 1/26/83 is subject to post-closure permitting requirements but is not subject to 264 Subpart F groundwater monitoring (SUPERSEDED: see 270.1(c) and 63 FR 56711; 10/22/98). If the unit is closed under interim status, 265 groundwater monitoring applies. A land disposal unit in interim status post-closure is subject to 3008(h) for groundwater contamination. An interim status unit at facility which has another unit requiring a permit is subject to 3004(u) corrective action authority.
 
09/20/1985ABSORBENTS FOR CONTAINERIZED LIQUID HAZARDOUS WASTES, USE OFMemo
 Description: The statute prohibiting disposal of liquids in biodegradable sorbents in landfills (3004(c)(2)) is not effective until the regulations are promulgated (SEE ALSO: 57 FR 54452; 11/18/92).
 
09/20/1985PERFORMANCE AND PERMITTING STANDARDS IN 3004(B), PROHIBITION OF PLACEMENT OF HAZARDOUS WASTE IN SALT DOMESMemo
 Description: Section 3004(b) prohibits noncontainerized or bulk waste that fails the paint filter liquid test from placement in salt dome. Other hazardous waste may be placed in a salt dome with a RCRA permit. Nonfluid or containerized liquid wastes are covered under Subpart X (SEE ALSO: 52 FR 46946; 12/10/87).
 
09/11/1985PERMITTING UNITS CREATED FOR FACILITY CLOSUREMemo
 Description: An owner of facility who adds units to facilitate closure process must modify permit or submit change in interim status. The cost of adding new unit at interim status facility cannot exceed reconstruction limit.
 
09/11/1985WASTE MINIMIZATION: PERMIT CERTIFICATION AND JOINT PERMITTINGMemo
 Description: RCRA 3005(h) requires that TSDF permits must include a waste minimization certification in facility operating record. The certification requirements must be addressed by either the State or EPA in joint permitting issues.
 
09/01/1985NON-HAZARDOUS LIQUIDS BANQuestion & Answer
 Description: The ban on nonhazardous liquids in landfills applies to any waste that is liquid or contains free liquids as determined by the paint filter liquids test (Method 9095). Nonhazardous liquid solidified with absorbents can be land disposed if no free liquids (SUPERSEDED: See 264.314, 265.314).
 
09/01/1985WASTE MINIMIZATION CERTIFICATIONQuestion & Answer
 Description: An unsigned waste minimization certification is not a significant manifest discrepancy. A TSDF that receives a shipment of waste without proper waste minimization certification does not have to notify the Regional Administrator (RA).
 
08/27/1985GROUNDWATER QUALITY AT CLOSUREMemo
 Description: Groundwater quality is an integral part of closure for surface impoundments and waste piles. Post-closure permits, 3008(h) corrective action orders, and 3004(u) corrective action can be used to supplement interim status regulations. The approval and completion of closure by removal does not preclude the use of 3008(h) or 3004(u). A summary of 3005(i), 3004(u), and 3008(h) authorities as they pertain to surface impoundments and waste piles.
 
08/07/1985LIQUID HAZARDOUS WASTES IN LANDFILLSMemo
 Description: The paint filter liquids test is used to verify no free-standing liquid. A definition of free-standing liquid vs. free liquid. Eliminate free-standing liquid before placement in landfill (3004(c)(1)). Stabilization of liquid on manifested solid is treatment requiring permit unless it meets addition of absorbent exemption.
 
08/01/1985CORRECTIVE ACTION FOR CONTINUING RELEASES (3004(U))Question & Answer
 Description: Sumps made of nonearthen materials are tanks. Sumps can be used to accumulate hazardous waste for 90 days or less without permit. The TSDF owner or operator must include information on all solid waste management units (SWMUs), including sumps, in a Part B permit application under 3004(u) corrective action.
 
08/01/1985LEAK NOTIFICATIONQuestion & Answer
 Description: While Sections 264.221 and 265.221 do not require notification when a leak is detected in a surface impoundment’s secondary leachate collection system, EPA will include a notification requirement in the draft permit, including the notification of leakage rate and the concentrations of hazardous constituents.
 
08/01/1985MINIMUM TECHNOLOGICAL REQUIREMENTSQuestion & Answer
 Description: The design, construction, and operation of a surface impoundment and landfill liners meeting interim statutory design of 3004(o)(5)(B) should prevent migration of hazardous constituents as long as unit remains in operation, including post-closure (SUPERSEDED: See 264.221(c), 265.221(c))
 
07/25/1985INTERPRETATION OF 3005(J)(1)Memo
 Description: An interim status surface impoundment that is not meeting 3005(j) minimum technical requirements by 11/8/88 must certify closure or demonstrate that technical closure requirements are met.
 
07/16/1985SULFIDE REACTIVITY CHARACTERISTICMemo
 Description: There is no approved test method for the reactivity characteristic (D003). 500 mg/kg available sulfide is adopted as the interim action level (SUPERSEDED: see RPC# 4/21/98-01). A surface impoundment which is a neutralization pond receiving only corrosive waste (D002) is exempt from groundwater monitoring.
 
07/01/1985DEFINITION OF EXISTING PORTIONQuestion & Answer
 Description: If a landfill has waste placed over fifty percent of the surface area, only the covered portion of the unit is an “existing portion,” not the whole unit.
 
06/28/1985POST-CLOSURE PERMITSMemo
 Description: The post-closure permit and groundwater monitoring applicability for an interim status facilities are based on the date of the final waste receipt (SEE ALSO: 63 FR 56711; 10/22/98). Closure by removal does not preclude 3008(h) or 3004(u). Summary of closure by removal requirements. Discussion of Part B post-closure permit contents (SEE ALSO: 270.28).
 
06/26/1985WATER-STRIPPED POHCS ON INCINERATOR DREMemo
 Description: Toluene and acrylonitrile are suitable principal organic hazardous constituents (POHCs) for Union Carbide incinerator. All POHCs in exhaust gas, including those stripped from scrubber, are included in the destruction and removal efficiency (DRE) calculation.
 
06/25/1985GENERATOR RESPONSIBILITIES FOR IMPORTATION OF HAZARDOUS WASTEMemo
 Description: The importer is the generator. The transporter and the U.S. facility arranging the import are importers and cogenerators. There is joint and several liability for generators and cogenerators. Imported hazardous waste (HW) must be manifested. Imported HW is subject to all applicable manifest requirements even if the importer and TSDF are the same.
 
06/17/1985WOOD TREATMENT PLANT DRIP AREAS AS SWMUS, REGULATION OFMemo
 Description: Ground areas at wood treatment plants receiving drippage from treated wood (kick-back) are solid waste management units (SWMUs) subject to corrective action (SEE ALSO: 55 FR 30798; 7/27/90 and current 261.31).
 
06/01/1985CORRECTIVE ACTIONQuestion & Answer
 Description: An overview of the EPA policy on the collection of continuing release data under section 3004(u).
 
06/01/1985CORRECTIVE ACTIONQuestion & Answer
 Description: Because scrap metal is a solid waste, a scrap metal management area can be a solid waste management unit (SWMU) and is subject to section 3004(u) corrective action provisions.
 
06/01/1985PARTIAL CLOSUREQuestion & Answer
 Description: Owners and operators are required to submit a permit modification to address the partial closure of units not identified in the original closure plan.
 
05/30/1985INCINERATOR PERMITS TO BURN DIOXIN WASTES, MODIFICATION OFMemo
 Description: A permitted incinerator does not need a certification to burn dioxins. A facility may need a permit modification for dioxin waste or to meet the 99.9999% destruction and removal efficiency (DRE).
 
05/29/1985BAN ON DISPOSAL OF LIQUIDS IN LANDFILLSMemo
 Description: RCRA section 3004(c) prohibits the disposal in landfills of containerized liquids absorbed in materials, that when compressed, release liquids. The use of chemical stabilization to convert a liquid to a solid is not the only option for dealing with bulk liquid hazardous waste.
 
05/10/1985CONTINUED LANDFILL DISPOSAL OF LAB PACKSMemo
 Description: Legislative history suggests that section 3004(c)(2) intended to allow the continued landfilling of lab packs in accordance with existing regulations.
 
05/10/1985MIXED WASTE (DOE FACILITIES), DEFINITION OFMemo
 Description: Byproduct material is not subject to RCRA. Mixed waste (radioactive wastes that are not byproducts) that exhibits a characteristic or contains a listed waste is subject to RCRA control. Mixed DOE land disposal facilities must follow section 3005(e)(2) by certifying compliance with the groundwater monitoring requirements and submitting a Part B permit application even if they combine their hazardous wastes after its generation with exempt radioactive wastes.
 
05/01/1985LIQUIDS AND FREE LIQUIDS, DEFINITION OFQuestion & Answer
 Description: The paint filter test (method 9095) is used to determine if a material is a liquid under section 3004(c)(3) (Liquids in Landfills). EPA believes that Congress intended the term “liquid” in section 3004(c)(3) to encompass free liquids as well as liquids.
 
05/01/1985WASTE ANALYSISQuestion & Answer
 Description: The EPA does not require the use of SW-846 for TSDF waste analysis under sections 264.13 and 265.13.
 
04/01/1985ACCEPTABLE LEVELS OF RESIDUAL CONTAMINANTS IN THE EPA INCINERATOR RESIDUES (REVISION)Memo
 Description: EPA recommends that Regions set the level of concern of 2 ppm for solid residues from incineration of PCBs.
 
04/01/1985GROUNDWATER SAMPLE ANALYSISQuestion & Answer
 Description: When reanalyzing to verify a statistically significant increase, the second analysis need only cover those constituents which showed a significant difference over the background in the first analysis.
 
04/01/1985GROUNDWATER STATISTICAL ANALYSISQuestion & Answer
 Description: An explanation of why the level of significance for statistically significant increases is different under Part 265 and Part 264. A false positive indicates statistically significant increase in indicator parameter when there is none.
 
04/01/1985HSWA MINIMUM TECH REQUIREMENTS FOR LINERS AND LEACHATE COLLECTION SYSTEMSMemo
 Description: Existing land-based units (surface impoundments, waste piles, and landfills) must be upgraded to meet minimum technological requirements (MTR) for double liners and leachate collection systems.
 
04/01/1985WASTEWATER TREATMENT UNIT EXEMPTIONMemo
 Description: A tank holding but not treating hazardous waste (HW) prior to an off-site transfer is not a wastewater treatment unit (WWTU) but could be a generator accumulation unit. An off-site WWTU can only receive HW if it is a designated facility (permitted or interim status facility) (SUPERSEDED: See RPC# 3/26/98-01). The WWTU exemption does not attach to waste removed from the unit.
 
03/06/1985RCRA PERMIT REAUTHORIZATION ISSUES IN REGION IIIMemo
 Description: States issue permits to facilities in authorized states. EPA issues permits for the HSWA provision until an authorized state receives authorization. The physical construction of a facility cannot begin until the State and EPA issues a joint permit. Corrective action is addressed via the permit (3004(u)).
 
03/01/1985CLOSURE CERTIFICATIONQuestion & Answer
 Description: There is no time limit for the submission of closure certification (SUPERSEDED: see current 264.115, 265.115).
 
03/01/1985WASTE ANALYSIS PLANQuestion & Answer
 Description: CESQG waste do not need to be addressed in a TSDF’s waste analysis plan if the generator is in compliance with 261.5.
 
03/01/1985WASTE DISPOSAL RECORDSQuestion & Answer
 Description: Owners and operators need to submit to the Regional Administrator (RA) and local land authority records of waste disposal locations and quantities within 60 days of certifying closure. The requirement in 264.74(c) to submit operating records corresponds to 264.119.
 
03/01/1985WASTE PILE LINERS - MTR (264.251)Question & Answer
 Description: The 3004(o) minimum technological requirements apply to landfills and surface impoundments, but not to waste piles. RCRA 3015(a) imposes liner and leachate collection requirements on new interim status waste piles, lateral expansions, and replacements. Expansions of interim status waste piles must be lined if they exceed the boundaries of the existing unit (3015(a)).
 
02/06/1985IMMEDIATE IMPLEMENTATION OF NEW CORRECTIVE ACTION REQUIREMENTSMemo
 Description: Strategies that States and Regions should employ for addressing the new corrective action requirements at permitted facilities are discussed (SEE ALSO: 270.14(d)).
 
02/04/1985METALS PRODUCTION WASTES, APPLICABILITY OF MINING WASTE EXCLUSION - COMBUSTION OF WASTES AS INCINERATIONMemo
 Description: Reduction and distillation producing zirconium, hafnium, and titanium sponges yields Bevill exempt mining and mineral processing wastes (SEE ALSO: 261.4(b)(7)). The formation of ingots from sponges does not yield excluded wastes. Shaping metal after it has been extracted from ore is not extraction, beneficiation, or processing. Smokehouse, crucible burn pots are incinerators.
 
02/01/1985GROUNDWATER MONITORING VS. CORRECTIVE ACTIONQuestion & Answer
 Description: Guidance is provided on establishing a compliance monitoring program at an interim status facility at which groundwater contamination has been detected in 5 of 20 wells. Compliance monitoring may be required for all 20 wells. Interim status and permitted detection monitoring are essentially the same.
 
01/22/1985NONHAZARDOUS LIQUID WASTEWATERS AND SLUDGES IN SANITARY LF UNDER RCRA AND HSWA, DISPOSAL OFMemo
 Description: There are no federal regulatory provisions on the disposal of bulk or containerized nonhazardous liquid wastes in a nonhazardous solid waste landfill or a municipal solid waste waste landfill (MSWLF). Disposal of nonhazardous liquid waste in hazardous waste landfills is prohibited (SUPERSEDED: see 56 FR 50978; 10/9/91).
 
01/01/1985FINANCIAL REQUIREMENTS FOR INACTIVE SURFACE IMPOUNDMENTSQuestion & Answer
 Description: An owner of a TSDF with an inactive surface impoundment must maintain both sudden and nonsudden liability insurance until closure is certified, even if the unit is not currently used to store hazardous waste.
 
01/01/1985TREATMENT SURFACE IMPOUNDMENTS LOSING INTERIM STATUS BECAUSE OF NON-COMPLIANCE WITH GWM AND FINANCIAL RESPONSIBILITY REQUIREMENTSQuestion & Answer
 Description: Owners and operators of interim status land treatment units were required to submit a Part B application, certify compliance with groundwater monitoring, and obtain financial assurance by 11/8/85 (3005(e)(2)). Land disposal units include all land-based hazardous waste management systems.
 
12/26/1984REQUEST FOR GUIDANCE/CLARIFICATION OF WASTEWATER TREATMENT UNIT DEFINITIONMemo
 Description: The wastewater treatment unit (WWTU) definition does not require tanks at a facility to be connected. Wastewater can be piped, trucked, otherwise conveyed between components of WWTU’s.
 
12/24/1984WASTEWATER TREATMENT UNIT EXEMPTION/DEFINITIONMemo
 Description: A wastewater treatment unit (WWTU) must be a tank receiving influent hazardous wastewater and be part of a facility subject to CWA standards. Components of units at a facility do not have to be connected. Wastewater can be piped, trucked, or otherwise conveyed between WWTUs.
 
12/20/1984RCRA METHODS AND QUALITY ASSURANCE ACTIVITIES (NOTES)Memo
 Description: The RCRA Laboratory Evaluation Program is outlined. The rationale for the proposal of standard methods for testing groundwater at hazardous waste facilities is discussed (49 FR 38786; 10/1/84). The analytical report on Method 3030 - acid digestion of oils, greases, and waxes as well as the Waste Analysis Plans Guidance Manual, including “boundary conditions” and “tolerance limits,” are discussed. The U.S. Gap Test and U.S. Internal Ignition Test are under evaluation to determine if a solid waste is explosive.
 
12/18/1984PENALTIES FOR FAILURE TO SUBMIT A COMPLETE AND ADEQUATE PART B APPLICATIONMemo
 Description: EPA has the authority to assess civil penalties for the failure to submit a complete permit application (3008). Part 265 requirements apply to RCRA facilities until either a permit is issued or until all applicable Part 265 closure and post-closure responsibilities are fulfilled.
 
12/03/1984FACILITY'S OPERATING LIFE, DETERMINATION OFMemo
 Description: A trust fund pay-in period must be calculated for the operating life of an entire facility, not each unit. A facility’s operating life ends in the year in which the owner or operator expects to close the facility. Salable recycled wastes cannot be deducted from closure cost estimates.
 
12/01/1984PARENT COMPANY GUARANTEE FOR NEWLY INDEPENDENT COMPANYQuestion & Answer
 Description: A parent company may not use a corporate guarantee to provide financial assurance for an autonomous, separate (or newly independent) company, because the guarantor must be a parent corporation of the owner or operator (SUPERSEDED: see current 264.143(f)(1), 265.143(e)(1)) (document provides inaccurate citations).
 
12/01/1984TERMINATION OF INTERIM STATUSQuestion & Answer
 Description: A facility that has had its interim status terminated remains subject to the interim status standards for closure, post-closure, and financial responsibility.
 
12/01/1984TRAINING EMPLOYEESQuestion & Answer
 Description: Lab technicians must have hazardous waste training to the extent necessary to ensure the safe handling of wastes. Training records must be maintained at the facility (SEE ALSO: 262.34(d)(5)(iii)).
 
11/29/1984GWM DEFICIENCIES IN PART B'S, RESPONSES TO AND MECHANISMS TO PREVENTMemo
 Description: Mechanisms for addressing and preventing Part B permit applications with insufficient groundwater monitoring (GWM) data are discussed. Complete interim status groundwater monitoring data may fulfill the Part B information requirements, but 270.14(c) requires more GWM data than Part 265. RCRA 3013 and 3008 orders should be used as enforcement mechanisms.
 
11/28/1984ENVIRONMENTAL IMPAIRMENT LIABILITY INSURANCEMemo
 Description: Environmental impairment liability (EIL) is a type of insurance that may be used to meet the liability coverage for nonsudden accidental occurrences.
 
11/20/1984INSURANCE COVERAGE LIMITSMemo
 Description: A facility can use one policy to cover both sudden and nonsudden accidental occurrences. The policy must provide coverage for the sum of the sudden and nonsudden minimum limits.
 
11/13/1984INCINERATION-AT-SEA REGULATIONSMemo
 Description: The Office of Water proposed incineration-at-sea regulations that potentially conflict with RCRA Subtitle C incinerator rules.
 
11/13/1984LIQUIDS IN LANDFILLS PROHIBITIONMemo
 Description: The statutory ban on disposal of bulk liquids in hazardous waste landfills does not prohibit disposal of liquids after proper chemical stabilization (SEE ALSO: RPC# 11/17/93-02; 57 FR 54452; 11/18/92).
 
11/12/1984PLACEMENT OF BULK LIQUIDS IN LANDFILLMemo
 Description: Solidification of a bulk or noncontainerized liquid in a pit at the bottom of an unlined landfill cell is prohibited. Treatment or stabilization of a liquid must occur before disposal.
 
11/01/1984ACL GUIDANCEQuestion & Answer
 Description: There is no available written guidance on alternate concentration levels other than 264.94(b) and the preamble to the 7/26/82 Federal Register (47 FR 32298) (SUPERSEDED: See “Alternate Concentration Limit Guidance” - RPC# 7/24/87-03).
 
11/01/1984SUDDEN LIABILITY COVERAGE REQUIREMENTS Question & Answer
 Description: Financial liability insurance is required on a per firm basis rather than a per facility basis.
 
10/01/1984WASTE DUMPED ON GROUND CONSIDERED STORAGE IN A WASTE PILEQuestion & Answer
 Description: If waste is dumped on the ground outside of a land treatment unit, the area should be regulated as a waste pile or landfill. EPA does not recommend dumping and spreading as an adequate land application procedure (SEE ALSO: 61 FR 18779; 4/29/96).
 
09/18/1984CLOSURE PLAN COMMENTS/ISSUES (CRUCIBLE STEEL)Memo
 Description: The requirement for a final cover at the closure of a landfill should not be delayed to allow continued disposal of nonhazardous waste. A delay of closure must be related to the need for extra time to complete closure activities or to a transfer of the operation to new parties (SUPERSEDED: see current 265.113(d)). A landfill’s final cover may be covered by nonhazardous waste only if it is necessary to the proposed use of the property and if it will not increase potential hazards.
 
09/10/1984AQUIFER AND UPPERMOST AQUIFER, DEFINITION OFMemo
 Description: Saturated clay layers producing significant yields of groundwater from a single well or a combination of wells may meet the aquifer definition. Saturated clay layers nearest to the natural ground surface or hydraulically interconnected to such a surface may meet the uppermost aquifer definition.
 
09/10/1984CONTINGENCY PLANS-INFORMATION SUBMISSIONMemo
 Description: A contingency plan must be submitted at the same time as the rest of the permit application. Information regarding specific emergency coordinators may be submitted after the time of application.
 
09/10/1984DESIGN AND OPERATING STANDARDSMemo
 Description: The regulatory intent of the landfill liner requirement is the construction of a liner rather than relying on hydrogeologic forces. The regulations have no general provisions for waiving a specific section on a case-by-case basis. Land disposal facility liners must be synthetic.
 
09/10/1984WASTEWATER TREATMENT UNIT EXEMPTIONMemo
 Description: The states or Regions determine the applicability of the wastewater treatment unit (WWTU) exemption to a leachate treatment tank. There is no EPA definition of wastewater for purposes of WWTU exemption (SEE ALSO: RPC# 2/11/91-01; RPC# 6/2/93-04).
 
09/07/1984WASTEWATER TREATMENT UNIT EXEMPTIONMemo
 Description: The states or Regions determine the applicability of the wastewater treatment unit (WWTU) exemption to a leachate treatment tank. There is no EPA definition of wastewater for purposes of WWTU exemption (SEE ALSO: RPC# 2/11/91-01; RPC# 6/2/93-04).
 
09/06/1984TANKS USED FOR EMERGENCY CONTAINMENTMemo
 Description: Units used during immediate responses to discharges of hazardous waste are exempt from permitting. This exemption does not extend to units which periodically or repeatedly respond to releases or where containment or treatment extends beyond the immediate response period.
 
09/01/1984DESTRUCTION AND REMOVAL EFFICIENCY OF PERMITTED INCINERATORSQuestion & Answer
 Description: Incinerators must achieve a destruction and removal efficiency (DRE) of 99.99% for any principle organic hazardous constituent (POHC) designated in a permit.
 
09/01/1984PLACEMENT OF MONITORING WELLS AT COMPLIANCE POINT GUIDANCEQuestion & Answer
 Description: Documents that provide guidance on the placement of monitoring wells at the point of compliance are outlined (SEE ALSO: current version of OSW’s “Catalog of Hazardous and Solid Waste Publications”).
 
09/01/1984PLACEMENT OF MONITORING WELLS DURING COMPLIANCE PERIODQuestion & Answer
 Description: The point of compliance should be at the limit of the waste management area. A 30-foot slush zone for groundwater monitoring wells is inconsistent with the regulations.
 
09/01/1984TANKS USED FOR COLLECTING SPILLSQuestion & Answer
 Description: A tank used on a predictable basis for collecting hazardous waste spills must be addressed in the closure plan. A tank used to collect hazardous waste spilled from a manufacturing process unit is subject to the generator or TSDF standards.
 
08/16/1984ENFORCING GROUNDWATER MONITORING REQUIREMENTS IN RCRA PART B PERMIT APPLICATIONSMemo
 Description: Regional enforcement personnel may assign low priority to certain technical violations of groundwater monitoring regulations, including the failure to monitor for constituents that are not detectable in groundwater and constituents for which there are no EPA test methods (SUPERSEDED: SEE 264.93(a) and (b)). Constituents for which accepted test procedures exist must be analyzed despite the expense of the procedure. Facilities must monitor for these constituents even if records imply they were never managed at the facility.
 
08/07/1984CLOSURE ISSUES RELATED TO WOOD PRESERVING PLANTSMemo
 Description: Grounds for extensions to 180 days are normally allowed for closure after the final receipt of waste. Closure should be based on proven techniques, not on concepts still in the research and development stage. The addition or creation of new processes during interim status may be allowable under changes during interim status.
 
08/01/1984LANDFILLS WITH EP TOXIC LEACHATE, REGULATION OFQuestion & Answer
 Description: Once leachate is collected, subsequent management is regulated if the leachate is a hazardous waste. If extraction procedure (EP) (SUPERSEDED: see 261.24) toxic leachate collected from a sanitary landfill is pumped back into the landfill, the landfill is subject to TSDF requirements (SUPERSEDED: see 258.28(a)(2)).
 
07/19/1984WASTEWATER TREATMENT UNIT EXEMPTIONMemo
 Description: If a tank treats wastewater to comply with the POTW pretreatment requirements, the tank is "subject" to 307(b) of the CWA and is eligible for the wastewater treatment unit (WWTU) exemption, even if treated wastewater is actually delivered to the POTW by truck (SUPERSEDED: see RPC# 12/21/87-03; 53 FR 34079, 34080; 9/2/88).
 
07/01/1984TREATMENT IN SUBPART Q UNITSQuestion & Answer
 Description: EPA intends to promulgate standards for miscellaneous units under Subpart X in Part 264, for permitting chemical, physical, and biological treatment units operating under Part 265, Subpart Q.
 
07/01/1984WASTE AS LIQUID OR SOLID, DETERMINATION OFQuestion & Answer
 Description: The phase of a waste should be determined just prior to landfill disposal. If a waste liquefies during transportation, it is proper to allow a shipment of containers to stabilize or solidify before performing the free liquids test (SEE ALSO: 40 CFR 268.3).
 
06/30/1984COMBINED STORAGE OF PESTICIDE WASTESMemo
 Description: Storage of different herbicide and pesticide wastes together is an acceptable procedure provided that the wastes are compatible with each other and the container.
 
06/27/1984APPLICABILITY OF THE WASTEWATER TREATMENT UNIT EXEMPTION TO A GROUNDWATER TREATMENT SYSTEMMemo
 Description: The state or Region must determine the applicability of the wastewater treatment unit (WWTU) definition to a groundwater treatment tank. There is no EPA definition of wastewater for the purposes of the WWTU exemption (SEE ALSO: RPC# 2/11/91-01; RPC# 6/2/93-04).
 
06/12/1984LAND DISPOSAL OF HAZARDOUS WASTES - USE OF NUCLEAR TEST SITESMemo
 Description: Underground formations and cavities created by nuclear weapons testing may not be able to contain hazardous constituents without liners or covers.
 
06/06/1984FINANCIAL ASSURANCE INSTRUMENTSMemo
 Description: Financial assurance instruments should be reviewed regardless of the adequacy of a facility closure plan and a closure cost estimate.
 
06/01/1984EPISODIC GENERATOR AND PERSONNEL TRAININGQuestion & Answer
 Description: A small quantity generator under 261.5 who episodically becomes a large quantity generator needs to only comply with personnel training requirements when he is subject to 262.34 (SEE ALSO: current 261.5 and 262.34 for revised generator categories).
 
06/01/1984OPEN BURNING V. DETONATION OF WASTE EXPLOSIVESQuestion & Answer
 Description: The difference between open burning and detonation of waste explosives is based on the speed of the chemical reaction. Open burning and detonation are regulated in same manner.
 
06/01/1984RECEIVING FACILITY NEEDS EPA ID NUMBERQuestion & Answer
 Description: A facility that receives hazardous waste in a U.S. port prior to export needs an EPA ID number. The facility also needs a storage permit, unless it is a transfer facility.
 
06/01/1984RENOTIFICATION FOR NEWLY LISTED WASTESQuestion & Answer
 Description: A generator, transporter, or TSDF owner or operator must renotify for newly listed wastes only if the Administrator specifically requires renotification in the Federal Register notice for the newly listed waste (SEE ALSO: contact implementing agency).
 
05/25/1984ANALYTICAL METHODS FOR PETROLEUM REFINING RESIDUES AND WASTESMemo
 Description: Guidance is provided on the analytical methods for petroleum refinery wastes that are the subject of a land treatment permit application (cover letter for “Handbook for the Analysis of Petroleum Refinery Residues and Waste”). A land treatment permit application should include total metal concentrations, not extraction procedure (EP) results.
 
05/22/1984DEFINITION OF “WASTEWATER TREATMENT UNIT”Memo
 Description: Tanks that produce no effluent as direct result of CWA requirements (i.e., zero dischargers) can qualify as an exempt wastewater treatment unit (WWTU).
 
05/14/1984VARIANCE FROM 264 LANDFILL LINER & LEACHATE COLLECTION REQUIREMENTSMemo
 Description: A waiver from landfill liner and leachate collection requirements cannot be granted when the leachate enters groundwater, even when a nearby aquifer will not be contaminated.
 
05/01/1984CONTINGENCY PLANS Question & Answer
 Description: The significance of SPCC Part 1510 of Chapter V, Title 40, is discussed for purposes of complying with a contingency plan under 264.52(b) and 265.52(b).
 
05/01/1984FILTER PRESS IN WASTEWATER TREATMENT UNIT, EXCLUSION FORQuestion & Answer
 Description: A tank-like portable filter press used in a wastewater treatment facility is excluded from regulation if the filter press meets the 260.10 criteria for a wastewater treatment unit (WWTU).
 
05/01/1984NO LINER REQUIREMENT FOR EXISTING SURFACE IMPOUNDMENTSQuestion & Answer
 Description: Owners of existing surface impoundments are not required to install liners. Owners of existing surface impoundments with liners are not required to describe them in a Part B permit application, although EPA recommends otherwise.
 
05/01/1984PARTIAL CLOSUREQuestion & Answer
 Description: There is no set policy on deadlines for submission of a partial closure plan, whether partial closure must be certified by a professional engineer, and whether public notice for partial closure is required.
 
04/04/1984ANALYTICAL METHODS/EP TOXICITY TEST/REFERENCE STDS.Memo
 Description: The adjustment of pH during the extraction procedure (EP) toxicity test should be conducted with a pH meter, not pH paper (SUPERSEDED: see current 261.24). Extract digestion, testing manufactured articles that are structurally resistant to crushing, and methods evaluation are discussed. EPA is developing methods for ignitable (D001) solids (SEE ALSO: SW-846 method 1030 finalized in 6/13/97; 62 FR 32451), liquids with flash points less than 60 degrees C, and reactive gases - cyanide and sulfide. EPA is developing a “Waste Analysis Plans Guidance Manual.” The use of reference standards is discussed.
 
04/01/1984CFO SIGNATURE FOR FINANCIAL TESTQuestion & Answer
 Description: Only a Chief Financial Officer (CFO) can sign financial assurance and liability coverage demonstration letters.
 
04/01/1984EXCLUDING APPENDIX VIII CONSTITUENTS FROM GROUNDWATER PROTECTION STANDARDQuestion & Answer
 Description: Part 264, Subpart F, procedures for excluding Appendix VIII constituents from hazardous constituents in the groundwater protection standard are discussed. Section 264.93(c) should reference 144.7, not 144.8.
 
04/01/1984MAINTAINING COPIES OF MANIFESTS AND BIENNIAL REPORTSQuestion & Answer
 Description: Generators are not required to keep copies of manifests and biennial reports on site. Copies can be kept at corporate headquarters. A generator must be able to provide to EPA information on, or access to, records. TSDFs must keep copies of manifests on site. Biennial reports must be furnished upon request and made available for inspection by EPA personnel.
 
03/01/1984SIGNIFICANT DISCREPANCIES IN MANIFESTQuestion & Answer
 Description: Significant manifest discrepancies are variations greater than 10 percent in weight for bulk quantities and any variation in piece count (e.g., number of drums) for batch waste.
 
03/01/1984STORAGE TANKS THAT ARE PART OF WASTEWATER TREATMENT SYSTEM ARE EXCLUDEDQuestion & Answer
 Description: A tank storing sludge piped from a wastewater treatment unit (WWTU) qualifies for the WWTU exemption, even if the storage tank does not discharge under CWA standards.
 
02/23/1984HAZARDOUS WASTE TREATMENT/STORAGE TANKS, PERMITTINGMemo
 Description: Permits must specify a minimum shell thickness for all treatment and storage tanks. Methods exist for determining the thickness for various tanks and are provided. Tanks must be inspected internally before the issuance of a draft permit and during their active life (SUPERSEDED: see 51 FR 25422; 7/14/86).
 
02/07/1984LINER DESIGN COMMENTS (CWM, EMELLE,AL)Memo
 Description: The regulatory intent of the landfill liner requirement is to construct a liner rather than rely on hydrogeologic forces.
 
02/01/1984INTERIM STATUS CLOSURE CERTIFICATIONQuestion & Answer
 Description: Closure under Part 265 does not require a 270.1(d) certification because closure is not a permit application or a permit report.
 
02/01/1984PORTABLE TREATMENT UNIT/TOTALLY ENCLOSEDQuestion & Answer
 Description: A portable unit can qualify for the totally enclosed treatment unit (TETU) exemption, provided that the TETU meets the provisions in RPC# 2/18/83-01.
 
02/01/1984TREATMENT TANKS FOR LEACHATE OR LIQUID WASTESQuestion & Answer
 Description: There is no regulatory definition of wastewater. A reasonable interpretation would be industrial process waste containing 1 percent or less contaminants. Treatment tanks for leachate, liquid wastes should not be exempt wastewater treatment units (WWTUs) (SEE ALSO: RPC# 8/15/90-01; RPC# 2/11/91-01).
 
01/30/1984AUTHORITY TO ENFORCE 264 SUBPART H COMPLIANCE AT FACILITIES LOCATED ON STATE-OWNED LANDMemo
 Description: EPA does not have the authority to enforce compliance with financial assurance regulations at a private facility that is located on land owned by a state due to the 265.140(c) exemption.
 
01/17/1984ESTIMATED CLOSURE DATES IN PERMIT APPLICATIONSMemo
 Description: The expected date of closure required in a permit application is only an estimate that allows EPA to determine if the closure financial assurance is adequate.
 
01/12/1984CLOSURE COST ESTIMATES BASED ON THIRD PARTY COSTSMemo
 Description: A closure cost estimate for a recycling facility may reflect the owner or operator’s own costs of carrying out his closure plan. Continued recycling at a recycling facility is a form of treatment and is a legitimate closure activity (SUPERSEDED: See current 264.142, 265.142)).
 
01/01/1984INTERIM STATUS NEEDED FOR OPEN BURNING (OB)Question & Answer
 Description: Open burning used to train soldiers in detonation techniques is not legitimate recycling; therefore, the facility must have interim status.
 
01/01/1984POST-CLOSURE REQUIREMENTS FOR SURFACE IMPOUNDMENTS LOCATED IN A 100 YEAR FLOOD PLAINQuestion & Answer
 Description: The floodplain requirement under 264.18(b) applies even during post-closure of a surface impoundment. If dikes are lowered to reduce the height of a closure cap, the owner or operator must demonstrate that the design will be protective.
 
01/01/1984PROTECTIVE COVER REQUIREMENT FOR PERMITTED SURFACE IMPOUNDMENTSQuestion & Answer
 Description: Part 264, Subpart K, indirectly addresses protective covers for surface impoundments through the performance standards in 264.221 and 264.226. RCRA guidance recommends a protective cover.
 
12/14/1983MINIMUM SHELL THICKNESS REQUIREMENT, WAIVERMemo
 Description: There are no provisions for the Regional Administrator (RA) to grant a waiver for the minimum shell thickness that is required for hazardous waste storage or treatment tanks (SUPERSEDED: see 51 FR 25422; 7/14/86).
 
12/09/1983CLOSURE COST ESTIMATESMemo
 Description: Provides an explanation of the financial test criteria. The “ratios” test, a predictor of bankruptcy, requires networking capital of at least six times the sum of the closure and post-closure cost estimates. The “bond rating test” assures the viability and credit-worthiness of a company.
 
12/01/1983ALTERNATE CONCENTRATION LIMITQuestion & Answer
 Description: There is no set distance for potential groundwater user consideration when establishing an alternate concentration limit. The owner or operator must demonstrate no adverse impact.
 
10/21/1983LEACHATE FROM A MUNICIPAL LANDFILL, REGULATION OFMemo
 Description: Leachate from municipal landfills must be handled as hazardous if it is characteristic. The landfill is the generator of the waste. Nonhazardous leachate can be recycled into the landfill. Hazardous leachate must go to a TSDF or POTW unless the landfill is an exempt small quantity generator (SUPERSEDED: for landfill leachate recirculation, see 258.28) (SEE ALSO: 261.31 (F039 listing), 261.5, 262.34).
 
10/15/1983Permit Applicants' Guidance Manual for the General Facility Standards of 40 CFR 264Publication
 Description: This document assists owners and operators of hazardous waste management facilities required to submit Part B of permit applications in exhibiting compliance with the standards of 40 CFR Part 264.
 
10/01/1983SERVICE CHARGES ON STAND-BY TRUST FUNDSQuestion & Answer
 Description: RCRA does not regulate trustee (bank) service charges on stand-by trust funds.
 
10/01/1983VERIFYING PRESENCE OF CONTAMINANTSQuestion & Answer
 Description: The first step in an assessment program after detecting a statistically significant increase over the background may involve sampling to verify the presence of a release. If there is no release, the owner may report the concentration, rate, and extent of migration as zero, and reinstate detection monitoring. If a release is confirmed, new wells are drilled and sampled to determine the rate, extent of migration.
 
10/01/1983WELL DEVELOPMENT PRIOR TO SAMPLINGQuestion & Answer
 Description: Provides guidance on procedures for well development prior to sampling (SEE ALSO: RCRA “Groundwater Monitoring: Draft Technical Guidance” and “RCRA Groundwater Monitoring Technical Enforcement Guidance Manual”).
 
09/21/1983TANK INSPECTION PROCEDURESMemo
 Description: The inspection of tanks should include visual inspection of the tank interior. Applicants may use alternatives to physical entry of the tank. The inspection frequency is based on the nature of the tank and the material being stored (SUPERSEDED: see 51 FR 25422; 7/14/86) (SEE ALSO: 264.195(b) for the proper citation).
 
09/01/1983LEASING SITE PRIOR TO CLOSURE CERTIFICATIONQuestion & Answer
 Description: A property owner can lease a site to a second lessee before the first lessee has certified closure or had a closure plan approved, as long as the owner, operator, or original operator assumes responsibility for carrying out closure.
 
09/01/1983USE OF STATE-REQUIRED OR STATE-APPROVED MECHANISMSQuestion & Answer
 Description: State-required mechanisms can be substituted for EPA-approved mechanisms (264.149), and state-approved mechanisms can be used in lieu of Federal mechanisms (if approved by the Regional Administrator (RA)).
 
09/01/1983WASTE STORAGE TANK ATTACHED TO FILTRATION UNITQuestion & Answer
 Description: An activated carbon filtration unit attached to a hazardous waste storage tank vent pipe treats waste, but it is not permitted separately from the tank. A permit would be issued for the tank for storage only. The carbon is a solid waste and may exhibit characteristics or may contain listed waste.
 
08/17/1983CLARIFICATION OF INACTIVE/ACTIVE STORAGE AND DISPOSAL FACILITIES UNDER RCRAMemo
 Description: If hazardous waste (HW) is placed in land-based units before 11/19/80, it is being "stored" and the facility is subject to interim status. If HW is finally disposed prior to 11/19/80, the facility is never subject to Subtitle C. Storage is an on-going process and always implies future management. Disposal is the final step in handling HW.
 
08/03/1983RESPONSE TO REGION V’S EPA IDENTIFICATION NUMBER QUESTIONSMemo
 Description: ID numbers site-, not owner-specific. A generator or TSDF at a new site gets a new site number. Corporations at the same site can have different numbers. A lessor of federal property on a federal site may get a separate number. A transporter company has one number for all trucks and trucking locations.
 
08/01/1983CLOSURE COST ESTIMATEQuestion & Answer
 Description: Closure cost estimates cannot include possible profits from the recycling of waste or the sale of equipment or property in order to reduce closure costs. The closure plan and closure cost estimate must be based on the point in the facility’s life where closure would be the most expensive.
 
07/01/1983ACCEPTANCE OF WASTE IN A PERMITTED FACILITYQuestion & Answer
 Description: A generator does not have to have a written notice described in 264.12(b) in order to send waste to a TSDF, although the facility must be permitted to handle the waste.
 
07/01/1983WASTE ANALYSIS FOR SIMPLE STORAGE IN AN INTERIM STATUS FACILITYQuestion & Answer
 Description: A waste analysis plan must contain all of the information necessary to store the waste in accordance with Part 265. The adequacy is determined on a case-by-case basis (SEE ALSO: “Waste Analysis at Facilities that Generate, Treat, Store, and Dispose of Hazardous Waste: A Guidance Manual” ).
 
06/14/1983APPLICATION WITHDRAWALS AND TERMINATIONS OF INTERIM STATUS AS COUNTED IN AMAS AND TOWARD CALL-IN COMMITMENTSMemo
 Description: Protective filers that were never regulated under Part 265 can be removed from interim status data in the EPA database after confirmation that no activity subject to permitting was conducted. Interim status facilities that withdraw a permit application are subject to the 265 closure requirements.
 
06/01/1983ADDING ABSORBENTS TO HAZARDOUS WASTE IN CONTAINERSQuestion & Answer
 Description: Transferring waste from one container to another while simultaneously adding absorbent material does not require a treatment permit.
 
05/11/1983SUBPART H FINANCIAL RESPONSIBILITY REQUIREMENTSMemo
 Description: States and the federal government are exempt from the financial responsibility requirements. Since financial responsibility applies to owners and operators, if one party is a state or federal government unit, the other party would not need to obtain financial assurance. A facility located on land leased from the state would not need to comply with the Subpart H requirements due to the 265.140(c) exemption.
 
05/01/1983GROUNDWATER MONITORING DEADLINESQuestion & Answer
 Description: Discusses the deadlines for completing a semiannual analysis of contamination indicator parameters and the dates for resampling, reporting, and submitting a groundwater quality assessment plan.
 
05/01/1983QUALIFIED VS. PROFESSIONAL ENGINEERQuestion & Answer
 Description: Under 264.226(c), “qualified” engineer does not have to be a registered professional engineer, but can include others whose training or background would qualify them to certify that the surface impoundment’s dike has structural integrity.
 
05/01/1983USING IMPLICIT PRICE DEFLATOR TO CALCULATE INFLATION FACTORQuestion & Answer
 Description: Discusses the calculation of the inflation factor for closure cost estimates using 1981 and 1982 implicit price deflators.
 
04/20/1983TANK SHELL THICKNESS REQUIREMENTMemo
 Description: Owners and operators must submit information about the tank shell thickness when submitting a permit application. Federal regulations do not require secondary containment for tanks (SUPERSEDED: see 264.193 and 265.193).
 
03/01/1983BOND RATING FOR FINANCIAL TESTQuestion & Answer
 Description: The bond most recently issued by the owner/operator is used to establish the bond rating for the financial test. The most current rating of the bond is used.
 
03/01/1983COST ESTIMATE INFLATION ADJUSTMENTQuestion & Answer
 Description: The annual cost estimate adjustment for inflation takes place in May, even if financial test documents must be submitted earlier in the year.
 
03/01/1983INTERIM STATUS FACILITY ADDING NEW UNITQuestion & Answer
 Description: If an existing facility can add a new unit under change in interim status, the unit is not subject to seismic standards in 264.18. The location standards in 264.18 apply to new facilities, not existing facilities.
 
02/18/1983TOTALLY ENCLOSED TREATMENT FACILITY, REGULATORY CLARIFICATION OFMemo
 Description: A totally enclosed treatment unit (TETU) must be enclosed on all sides, pose little threat of waste escape, and be integrally connected to an industrial production process. TETUs are limited to pipelines, tanks, and tank-like equipment. The exemption applies to the unit, not effluent from the unit. Effluents discharged to surface water, sewer, or publicly owned treatment works are not RCRA regulated.
 
02/01/1983BACKGROUND VALUES BELOW DETECTION LEVELQuestion & Answer
 Description: Provides guidance on calculating initial background arithmetic mean and variance when the total organic carbon and total organic halogen are below detection limits.
 
02/01/1983CLOSURE/POST-CLOSURE COST ESTIMATEQuestion & Answer
 Description: The annual inflation adjustment for closure cost estimate should be based on the May 19 schedule even if the first estimate was prepared earlier or later than May 19, 1981, unless a change in capacity led to a mid-year revision (SUPERSEDED: see current 264.142, 265.142).
 
02/01/1983OWNER/OPERATOR CANCELLATION OF INSURANCE POLICYQuestion & Answer
 Description: There is no requirement for an owner or operator to give advance notice to their insurance company when canceling or terminating an insurance policy.
 
01/11/1983CLOSURE & POST-CLOSURE REQUIREMENTS REGARDING HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIESMemo
 Description: Recontouring a final cover and adjusting in-place waste is not considered receipt of hazardous waste at a closed facility. Closure and post-closure plans are to account for vegetation and liquid inputs. Landfill closure standards require a final cover to minimze the migration of liquids through the closed landfill. Discussion of the addition of liquids during versus after closure (may be allowed during closure, including leachate recirculation, if part of closure plan). The recirculation of leachate during operation is not a closure activity. Receipt of hazardous waste after 1/26/83 causes impoundment or landfill to be a regulated unit, but redeposit of treated waste during closure does not make the unit regulated unit. If a landfill is a series of separately lined trenches, each trench is a separate waste management unit.
 
01/01/1983CANCELLATION VS. TERMINATION OF INSURANCE POLICYQuestion & Answer
 Description: The cancellation of an insurance policy occurs during the active life of the facility. Termination occurs when the policy runs its course and is not renewed.
 
01/01/1983MANIFEST DISCREPANCY VS. UNMANIFESTED WASTEQuestion & Answer
 Description: If any information required by 262.21 is not on the manifest, the waste is considered unmanifested. The difference between the quantity or type of waste designated on the manifest and the quantity or type of waste received at the facility is a manifest discrepancy (SEE ALSO: current 264.72, 264.76).
 
01/01/1983REGULATORY STATUS OF UNIT AND WASTE IF NONHAZARDOUS WASTE BECOMES REACTIVE WHEN DEWATEREDQuestion & Answer
 Description: Nonhazardous wastewater that becomes reactive (D003) when it is dewatered may cause a surface impoundment to be subject to regulation unless the waste is immediately removed.
 
12/29/1982LAND DISPOSAL PERMIT STRATEGYMemo
 Description: Discusses the historical priorities for permitting of land disposal units (surface impoundments, waste piles, land treatment units, and landfills).
 
12/01/1982CLOSURE PLAN MODIFICATIONQuestion & Answer
 Description: If the closure regulations change after a closure plan is approved, the EPA Region will decide on a case-by-case basis if the plan needs to be modified.
 
12/01/1982CONCENTRATION LIMITS FOR COMPLIANCE MONITORINGQuestion & Answer
 Description: When evaluating proposed concentration limits, the permit writer may consider seasonal variations or the need for additional background monitoring on a case-by-case basis.
 
12/01/1982EXEMPTION FROM LINER REQUIREMENTS FOR EXISTING PORTIONSQuestion & Answer
 Description: The exemption from the liner requirements for existing portions of landfills, surface impoundments, and waste piles applies to bottom and side liners.
 
12/01/1982GENERATOR ACCUMULATION AREA AND PART B PERMIT APPLICATIONQuestion & Answer
 Description: The owner or operator of a TSDF that is also a generator does not have to include information on their generator accumulation area in their Part B permit application.
 
12/01/1982USING LEASED PROPERTY AS BUFFER ZONEQuestion & Answer
 Description: Owners or operators of facilities that use leased property as part of the 50 foot buffer zone for containers holding ignitable (D001) and reactive (D003) wastes should ensure that the lease will continue in force if the land is sold. The Part B permit should note that part of the buffer area is leased.
 
11/01/1982FINANCIAL REQUIREMENTS FOR TSDFS IN AN INTERIM AUTHORIZED STATEQuestion & Answer
 Description: Addresses the procedures in an interim authorized state for handling financial assurance for an interim status facility whose Part B is called up or requested.
 
10/07/1982CERTIFICATIONS OF LIABILITY INSURANCE, HW FACILITYMemo
 Description: Clarifies the intended meaning of “per occurrence.” Claims-made policies can be used to comply with the liability coverage requirements. Use of the terms “sudden accidental occurrence” and “nonsudden accidental occurrence” does not preclude the use of other terms in a policy to describe the extent of coverage.
 
10/01/1982SURFACE IMPOUNDMENT SUBMITTING PART BQuestion & Answer
 Description: The part B permit application for a surface impoundment that does not accept hazardous wastes after 1/26/83 does not have to address 264 Subpart F. An impoundment would be subject to Part 265, Subpart F (SUPERSEDED: see current 264.90(a)).
 
09/01/1982COMPLIANCE PERIODQuestion & Answer
 Description: The compliance period is the number of years equal to the active life of the waste management area. The active life includes any waste management activity prior to permitting, which includes any period where the unit received nonhazardous solid waste.
 
09/01/1982DISADVANTAGES TO CLOSING PRIOR TO PERMIT ISSUANCEQuestion & Answer
 Description: If a regulated unit is closed prior to obtaining a permit, but after 1/26/83, EPA may still request a Part B permit application. A permit would consist of Part 264, Subpart F, groundwater monitoring, including corrective action (SEE ALSO: 63 FR 56711; 10/22/98).
 
09/01/1982WHEN TO TEST FOR APPENDIX VIII CONSTITUENTSQuestion & Answer
 Description: An owner or operator first tests for Appendix VIII constituents when a detection monitoring program results in a statistically significant increase in the parameters (SUPERSEDED: 264.98(g) requires the use of Appendix IX). The background levels are the levels upgradient of the facility.
 
07/09/1982PERMITTING OF HAZARDOUS WASTE INCINERATORSMemo
 Description: Discusses the historical priorities for the permitting of incinerators.
 
07/01/1982SUBMITTAL OF ANNUAL REPORTQuestion & Answer
 Description: Generators and facility owners or operators in unauthorized states are not required to meet the federal annual reporting requirements until the Office of Management and Budget approves the forms.
 
06/01/198290-DAY EXTENSIONS FOR INSURANCE AGENTSQuestion & Answer
 Description: An owner or operator may receive a 90 day extension to the requirement to certify insurance if a licensed broker notifies EPA by letter that they are seeking insurance on behalf of the owner or operator.
 
06/01/1982CERTIFICATES OF INSURANCE FOR SUDDEN/NONSUDDEN LIABILITY COVERAGEQuestion & Answer
 Description: Discusses the procedures for making a distinction between sudden and nonsudden coverage on an endorsement or certificate of insurance.
 
06/01/1982CERTIFICATION OF SUDDEN AND NONSUDDEN LIABILITY COVERAGE BY JULY 15, 1982Question & Answer
 Description: If an owner or operator used the financial test to satisfy both sudden and non-sudden liability coverage, they may want to add a separate letter notifying the Region of such use.
 
05/24/1982PART B FINANCIAL RESPONSIBILITY INFO. REQ. FOR OWNERS/OPERATORS IN STATES WITH ONLY PHASE 1 AUTHORIZATIONMemo
 Description: Pursuant to 122.25, owners and operators of TSDFs in states with Phase I authorization are not required to submit financial instruments until just prior to permit issuance, rather than with original permit application (SUPERSEDED: See current 270.14(b)(15)-(18)).
 
05/15/1982Financial Assurance for Closure and Post-Closure Care; Requirements for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities; A Guidance ManualPublication
 Description: This document communicates information to ensure that adequate financial responsibility is provided for proper closure and post-closure care of hazardous waste facilities. The introduction provides a general background for understanding financial requirements and manual organization. An overview of requirements is included in Chapter II and subsequent chapters deal with trust funds, surety bonds, letters of credit, insurance, financial test and corporate guarantee, state-required mechanisms, and assumption of responsibility.
 
02/01/1982GROUNDWATER MONITORING AND LEAKING WASTE PILESQuestion & Answer
 Description: An interim status waste pile leaking hazardous leachate into the ground is out of compliance. The owner or operator can take remedial action or modify their Part A permit application, reclassifying the waste pile as a land treatment unit or landfill, for which groundwater monitoring would be required under changes during interim status.
 
02/01/1982SMALL QUANTITY GENERATOR VS. TOTALLY ENCLOSED TREATMENT UNITQuestion & Answer
 Description: Waste generated in a Totally Enclosed Treatment Unit (TETU) is not counted until it exits the unit.
 
01/29/1982PROPOSED MECHANISM FOR HANDLING MOBILE TREATMENT UNITSMemo
 Description: Mobile treatment units must be permitted or receive interim status at a particular location. A facility may amend their Part A or modify their permit to include a mobile treatment process. Mobile treatment may be added to a facility as a new process or an increase in design capacity. Discusses the applicability to emergency situations.
 
12/01/1981REPLICATE ANALYSES AND STATISTICAL COMPARISONS UNDER PART 265 SUBPART FMemo
 Description: Initial background mean and variance samples are obtained from upgradient wells only during the first year. After the first year, indicator parameters from all wells, both upgradient and downgradient, are compared with the initial background mean.
 
09/29/1981STATES’ ROLE IN ASSIGNING EPA IDENTIFICATION NUMBERSMemo
 Description: Unauthorized states are encouraged to assist EPA in assigning ID numbers. EPA encourages states that issue their own ID numbers to adopt EPA’s numbering system. Facilities may obtain an EPA ID number if they are handling waste only regulated by the state (not EPA). Discusses the ID number issuing process.
 
07/31/1981WASTEWATER TREATMENT UNIT EXEMPTIONMemo
 Description: Off-site hazardous waste management facilities can be wastewater treatment units (WWTUs). The actual permit or effluent limit is not needed for discharge to be considered subject to the CWA. Wastewater does not include concentrated chemicals or nonaqueous waste. Presses, filters, and sumps may be WWTU.
 
07/28/1981SOLIDIFICATION AS TREATMENTMemo
 Description: The use of absorbents for spill control is not regulated as treatment due to 264.1(g)(8) immediate response exemption. The use of absorbents to solidify hazardous waste in other contexts is regulated treatment (SEE ALSO: 264.1(g)(10), 265.1(c)(13), and 270.1(c)(2)(vii)).
 
07/10/1981SOLIDIFICATION AS TREATMENTMemo
 Description: A totally enclosed treatment unit (TETU) must preclude the possible escape of hazardous constituents, even with human or equipment failure. A container that could overfill is not a TETU. Solidifying liquid hazardous waste by pouring it into a container containing inert sorbents is treatment (SEE ALSO: 264.1(g)(10), 265.1(c)(13), and 270.1(c)(2)(vii)).
 
03/12/1981INTERIM STATUS OF PROPOSED LANDFILL CELLSMemo
 Description: Proposed landfill cells included in a part A permit application may qualify for interim status.
 
03/03/1981REGULATORY CLARIFICATION OF TOTALLY ENCLOSED TREATMENT FACILITYMemo
 Description: The totally enclosed treatment unit (TETU) exemption is limited to tanks, pipes, and tank-like equipment. The exemption applies to the unit, not effluent from the TETU. The TETU must be completely contained, present no potential for escape of constituents, and be directly connected to industrial process. It must prevent leaks, spills and gaseous emissions.
 
12/22/1980GUIDANCE ON CLOSURE AND POST-CLOSUREMemo
 Description: EPA has no specific form for certification of closure by an engineer. The guidance document Closure and Post Closure-Subpart G gives examples of closure plans and engineer certifications.
 
11/03/1980REGISTRATION AS A WASTE TREATMENT FACILITYMemo
 Description: Requirements to notify EPA regarding Part 262 is independent of the notification requirements for Part 270.
 
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