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09/26/2012RECOMMENDATION ON THE DISPOSAL OF HOUSEHOLD PHARMACEUTICALS COLLECTED BY TAKE-BACK EVENTS, MAIL-BACK, AND OTHER COLLECTION PROGRAMSMemo
 Description: Although household pharmaceuticals received by collection programs are excluded from federal RCRA hazardous waste regulations (40 CFR 261.4(b)(1)), EPA recommends that such pharmaceuticals be incinerated in a permitted hazardous waste incinerator or cement kiln. When hazardous waste combustion is not feasible, at a minimum, collected household pharmaceuticals should be incinerated at a facility that meets EPA’s Large or Small Municipal Waste Combustor standards.
 
09/01/2006Solid Waste Management and Greenhouse Gases: A Life-Cycle Assessment of Emissions and Sinks; 3rd EditionPublication
 Description: This report examines how municipal solid waste management and climate change are related. Management of municipal solid waste presents many opportunities for greenhouse gas emission reductions. Source reduction and recycling can reduce emissions at the manufacturing stage, increase forest carbon storage, and avoid landfill methane emissions. Combustion of waste allows energy recovery to displace fossil fuel-generated electricity from utilities, thus reducing greenhouse gas emissions from the utility sector and landfill methane emissions. Diverting organic materials from landfills also reduces methane emissions.
 
08/01/2006Environmental Fact Sheet: Issues in MACT Rule Reopened for CommentPublication
 Description: This fact sheet discusses the reconsideration proposed rule for the standards for hazardous air pollutants from hazardous waste combustors. EPA is requesting comment on several issues regarding the national emission standards for hazardous air pollutants (NESHAP) for new and existing hazardous waste combustors that were issued on October 12, 2005 (70 FR 59402). The NESHAPs are based on the maximum achievable control technology (MACT) for hazardous waste combustors. In addition, EPA is proposing amendments to several compliance and monitoring provisions in the rule.
 
03/01/2006Environmental Fact Sheet: Changes to Pollution Emission Standards for Hazardous Waste Combustors: Administrative Stay And Proposed New StandardsPublication
 Description: This fact sheet discusses the three-month administrative stay that EPA is issuing for one of the National Emission Standards for Hazardous Air Pollutants (NESHAP) requirements for hazardous waste combustors. The Agency is issuing the temporary administrative stay while reconsidering the particulate matter standard for new cement kilns that burn hazardous waste. In a second action, EPA is issuing a proposed rule soliciting comment on a revised particulate matter standard for new sources based on data submitted in a petition from the cement manufacturing industry. These new particulate matter data were not available when the NESHAP was issued in October 2005.
 
09/01/2005Environmental Fact Sheet: National Emission Standards for Hazardous Air PollutantsPublication
 Description: This fact sheet discusses the final rule from October 12, 2005, that promulgates national emission standards for hazardous air pollutants (HAPs) from hazardous waste combustors (HWCs). The standards implement section 112(d) of the Clean Air Act by requiring hazardous waste combustors to meet HAP emission standards reflecting the application of the maximum achievable control technology (MACT).
 
09/01/2005Human Health Risk Assessment Protocol (HHRAP) for Hazardous Waste Combustion Facilities, FinalPublication
 Description: This document contains EPA's generally recommended approach for conducting multi-pathway, site-specific human health risk assessments of RCRA hazardous waste combustors.
 
07/13/2005BURNING OF PHENOL BOTTOMS (K022) IN COMBUSTION UNITSMemo
 Description: Boilers and kilns without an effective RCRA permit are prohibited from accepting hazardous waste. Although K022 has high heating value, due to its hazardous nature, it must only be burned in a combustion device that is permitted to burn hazardous waste. In certain situations, the waste may meet the criteria of a “comparable fuel” under 40 CFR 261.38. Hazardous waste may be burned on site in a RCRA permitted unit. The proposed national emission standards for hazardous air pollutants (NESHAP) for hazardous waste combustors (Phase I Final Replacement Standards and Phase II Standards) would replace many RCRA combustion technical standards applicable to a boiler that burns hazardous waste.
 
02/23/2004PARTICULATE MATTER CONTINUOUS EMISSIONS MONITORING SYSTEMS (CEMS) REQUIREMENTS FOR HAZARDOUS WASTE COMBUSTORSMemo
 Description: The particulate matter continuous emissions monitoring systems (CEMS) requirements at 40 CFR 63.1209(a)(1)(iii) for hazardous waste combustors are not currently in effect (SEE ALSO: 65 FR 52926; 9/30/99). When finalized, those operational requirements could include: (1) the CEMS relationship to operating perameter limits; (2) documentation that technical issues regarding performance, maintenance, and correlation have been resolved; (3) CEMS-based emission standards; and (4) a schedule for installing, correlating, and monitoring with particulate matter CEMS.
 
05/15/2003HEADQUARTERS REVIEW OF SITE-SPECIFIC RISK ASSESSMENT DECISIONS FOR HAZARDOUS WASTE COMBUSTORSMemo
 Description: EPA is requesting summary information about site-specific risk assessment (SSRA) decisions. The Cement Kiln Recycling Coalition (CKRC) petitioned for a rulemaking regarding hazardous waste combustion SSRAs, and CKRC asserts that EPA has and continues to require SSRAs in violation of the Administrative Procedure Act (APA). EPA is evaluating CKRC’s petition. EPA has provided a memorandum on the appropriate use of the SSRA policy and guidance (SEE ALSO: RPC# 4/10/2003-01). The review process is not retroactive.
 
04/10/2003USE OF THE SITE-SPECIFIC RISK ASSESSMENT POLICY AND GUIDANCE FOR HAZARDOUS WASTE COMBUSTION FACILITIESMemo
 Description: EPA reiterates the appropriate use of the hazardous waste combustion site-specific risk assessment (SSRA) policy and the omnibus authority as it relates to the SSRA. SSRAs and technical guidance are not regulatory requirements. The SSRA policy was revised (SEE ALSO: 64 FR 52828, 52839; 9/30/99). SSRAs should only be required at facilities where there is reason to believe that operation in accordance with technical standards alone may not be protective. Permitting agencies should document the basis for a SSRA decision in the permit. Only the omnibus authority can require SSRAs. The permitting agency must respond to comments filed on a draft permit objecting to a SSRA and base its response on technical, factual, or legal facts. The permitting agency must include all supporting documentation, including comments, for a permit in the administrative record.
 
07/31/2002SUPPLEMENTAL SUBMISSION TO CKRC PETITIONMemo
 Description: EPA will add a supplemental submission to the Cement Kiln Recycling Coalition (CKRC) hazardous waste combustion site-specific risk assessment petition.
 
11/15/2001REGULATORY STATUS OF THE CATOXID FLUIDIZED BED REACTORMemo
 Description: The Catoxid unit operates as a recycling unit designed to react secondary material feeds to produce a chemical intermediate used directly in the manufacture of EDC. The Catoxid unit is a manufacturing process and does not meet the definition of halogen acid furnace (HAF) (SEE ALSO: 56 FR 7139; 2/21/91). EPA views HAFs as utilizing combustion and as being designed as boilers or operated in a manner similar to boilers. Acid generation that occurs in a closed, controlled chemical manufacturing process is not considered the "production of acid" for purposes of the HAF definition. Secondary materials going to such units are not solid wastes pursuant to the use/reuse exclusion if the process is legitimate recycling. State regulations can be more stringent than the federal regulations.
 
10/03/2001GTX COMBUSTION FACILITYMemo
 Description: Under RCRA, facilities must obtain a permit prior to operating a hazardous waste combustion facility. States authorized to implement the federal RCRA permit program have the primary responsibility to ensure that each permit is protective and meets all necessary requirements. The permit issued to the GTX facility by the Louisiana Department of Environmental Quality (LDEQ) was rescinded and later overturned in Louisiana Courts. EPA, LDEQ and GTX have taken measures to add to the protectiveness of the facility’s permit, including upgrading existing combustion equipment, pre-trial and post-trial burn risk assessments, and hazardous waste burning limitations.
 
07/01/2001Risk Burn Guidance for Hazardous Waste Combustion FacilitiesPublication
 Description: This document contains the U.S. Environmental Protection Agency (EPA) Office of Solid Waste’s (OSW’s) recommendations regarding stack emissions tests which may be performed at hazardous waste combustion facilities for the purpose of supporting multi-pathway, site-specific risk assessments, where such a risk assessment has been determined to be necessary by the permit authority.
 
02/16/2001CLOSURE OF SAFETY-KLEEN'S BRIDGEPORT HAZARDOUS WASTE INCINERATORMemo
 Description: EPA does not provide grants so that a hazardous waste management facility may be upgraded to meet regulatory requirements, including the maximum achievable control technology (MACT) standards.
 
02/15/2001PLASMA ENHANCED MELTER (PEM) AND GASIFICATION AND VITRICATION (GASVIT) SYSTEMS AS LDR COMBUSTION TREATMENT TECHNOLOGYMemo
 Description: The CMBST treatment standard includes treatment in thermal units such as incinerators, boilers, and industrial furnaces. The CMBST definition also includes non-combustion units when operated pursuant with applicable technical operating requirements. The PEM or GASVIT technology does not need to obtain a determination of equivalent treatment (DET) because the system satisfies the CMBST definition due to its organic constituent destruction removal efficiency, the high temperatures reached in its process chamber, and its air pollution control devices (SEE ALSO: 61 FR 15588; 4/8/96).
 
12/15/2000COMBUSTION PROHIBITION AND EXPLOSIVE WASTESMemo
 Description: Toxicity characteristic (TC) metal wastes are prohibited from dilution by combustion unless one or more of the criteria in 268.3(c) are met. D003 explosive wastes that are also TC metal wastes may be combusted under 268.3(c)(5). Explosive wastes contain hazardous concentrations of organics.
 
06/01/2000Environmental Fact Sheet: Regulatory Determination for Wastes from the Combustion of Fossil FuelsPublication
 Description: Announces EPA's decision that fossil fuel combustion wastes do not warrant regulation as hazardous under Subtitle C of RCRA. Discusses EPA's determination that national nonhazardous waste regulations under RCRA Subtitle D are needed for coal combustion wastes disposed in surface impoundments and landfills and used as minefill. Addresses EPA's conclusion that beneficial uses of these wastes, other than for minefilling, pose no significant risk and no additional national regulations are necessary.
 
03/10/2000PERMITTING OF MOLTEN SALT OXIDATION PROCESSMemo
 Description: Miscellaneous unit regulations specify environmental performance standards. Permitting agency will specify terms and provisions from other sections of regulations as technical standards. EPA expects permit writer to look to new maximum achievable control technology (MACT) incinerator air emissions standards for miscellaneous unit. Spent salt from molten salt oxidation (MSO) process may be hazardous waste via derived-from rule. Permitting authority may require risk assessment be completed. Heavy metals are of concern since they are not destroyed by treatment. Units treating waste containing polychlorinated biphenyls (PCBs) may need RCRA and TSCA permits in order to operate. Mixed waste is dually regulated in most states by both EPA and Nuclear Regulatory Commission (NRC).
 
11/09/1999Method Precision and the MACT RuleMemo
 Description: EPA believes that emissions variability, including method precision, have been appropriately addressed in Hazardous Waste Combustion Maximum Achievable Control Technology (HWC MACT) rule and supporting documents.
 
07/01/1999RESIDUES FROM THE TRIAL BURN OF LISTED HAZARDOUS WASTESQuestion & Answer
 Description: Residue from trial burn of listed hazardous waste mixture is listed hazardous waste via derived-from rule (261.3(c)(2)(i))(SEE ALSO: 66 FR 27266; 5/16/01). Permit applicant for incinerator is not absolved from identifying solid and hazardous waste generated from trial burn.
 
06/07/1999MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) STANDARDS FOR CEMENT KILNS BURNING HAZARDOUS WASTE FUELSMemo
 Description: Agency response to a Senator regarding risk justification for Maximum Achievable Control Technology (MACT) standards. A beyond-the-floor standard for lead and cadmium would reduce emissions of these metals by 5.5 megagrams per year beyond floor emission level. A beyond-the-floor standard would not affect the quantity of hazardous waste fuels burned in cement kilns. There is a discussion of the Agency initiative to move from an almost exclusively technology-based program to a risk-based program (SEE ALSO: 64 FR 52828; 9/30/99).
 
06/01/1999Report on Emergency Incidents at Hazardous Waste Combustion Facilities and Other Treatment, Storage, and Disposal Facilities (TSDFs)Publication
 Description: This report provides a compilation of information on reported emergency incidents at hazardous waste combustion facilities and other RCRA TSDFs. It is limited to emergency incidents such as fires, explosions, hazardous waste spills or unauthorized releases of hazardous waste. The report covers the period from December 1977 through August 1995 with several incidents occurring before the enactment of RCRA.
 
04/16/1999DEVELOPMENT OF MACT EMISSION STANDARDS FOR SEMIVOLATILE METALSMemo
 Description: Agency response to Senator on Maximum Achievable Control Technology (MACT) standards for semivolatile metals (SVM) hazardous waste burning cement kilns. EPA has documented positive correlation between SVM feedrates and emissions for hazardous waste combustors (SEE ALSO: 64 FR 52828; 9/30/99).
 
04/06/1999IMPLEMENTATION OF THE HAZARDOUS WASTE COMBUSTION MACT RULEMemo
 Description: Maximum achievable control technology (MACT) fast track rule included streamlined RCRA permit modification procedures for changes necessary to comply with MACT. EPA encourages states to adopt streamlined modification procedures. States that have adopted streamlined modification procedures may implement them without final authorization from EPA beforehand. EPA policy is to not release rulemakings prior to being published in the Federal Register; EPA accepts involvement of stakeholders in developing implementation guidance.
 
03/17/1999CLEANUP OF MANUFACTURED GAS PLANT (MGP) SITESMemo
 Description: Decharacterized manufactured gas plant (MGP) wastes can be sent to utility boilers without triggering substantial regulatory requirements. Residues from co-processing of MGP wastes in utility boilers are not subject to the land disposal restrictions (LDR) because these residues are Bevill wastes excluded from hazardous waste requirements (SEE ALSO: 63 FR 28556; 5/26/98; RPC# 4/26/93-03; RPC# 8/21/98-01).
 
01/28/1999PROHIBITION ON COMBUSTION OF MERCURY-BEARING WASTEMemo
 Description: D009 wastewater or a Low Mercury Subcategory nonwastewater that does not meet the criteria of 268.3(c) is prohibited from combustion. A facility may petition for a variance from the prohibition on combustion if no other technology exists that can treat the waste. The High Mercury-Organic Subcategory waste has a treatment standard of IMERC or RMERC. Because IMERC is the specified and required treatment technology, facilities may combust High Mercury-Organic Subcategory waste.
 
01/26/1999DECHARACTERIZATION OF D018 COAL TAR WASTES AT MANUFACTURED GAS PLANT SITESMemo
 Description: Mixing D018 coal tar wastes at manufactured gas plant (MGP) sites with carbon or coal fines to make the waste more amenable to combustion is permissible. Dilution of soil as a substitute for adequate treatment is impermissible. Deliberately mixing D018 MGP waste with soil to change its treatment classification from waste to contaminated soil is prohibited. Consolidation within an area of contamination (AOC) prior to being removed from the land (i.e., generated) is permissible. Dilution is permissible if mixing or other pre-treatment is necessary to facilitate proper treatment (SEE ALSO: 63 FR 28556; 5/26/98).
 
01/08/1999MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) RULEMAKING AND INCINERATION OF DIOXIN-CONTAMINATED WASTESMemo
 Description: The maximum achievable control technology (MACT) rule will establish emission limits for dioxins and furans. The rule will require hazardous waste combustors to demonstrate that dioxin in waste feed is sufficiently destroyed (SEE ALSO: 64 FR 52828; 9/30/99). Treatment may be available for dioxin waste at the Coffeyville, Kansas incinerator in the future.
 
12/09/1998EQUALLY STRINGENT EMISSIONS STANDARDS FOR ALL HAZARDOUS WASTE COMBUSTORSMemo
 Description: EPA is developing emission standards for hazardous waste combustors under section 112(d) of the Clean Air Act (CAA). Standards are based on maximum achievable control technology (MACT) and can be no less stringent than the level of control achieved by the best performing 12 percent of existing sources. Emission standards for the different types of combustors may differ since levels must be initially based on existing sources. RCRA will be used as necessary to supplement CAA authorities (SEE ALSO: 64 FR 52828; 9/30/99).
 
10/26/1998MACT FAST TRACK RULEMemo
 Description: Maximum achievable control technology (MACT) Notification of Intent to Comply (NIC) and Progress Report requirements will be enforced and implemented by EPA regardless of state authorization for the fast track rule. Clean Air Act (CAA) notification requirements are subject to MACT delegation process, not RCRA state authorization procedures. In states without the comparable fuels exclusion, waste must be managed in accordance with Subtitle C requirements. A facility that can not meet the three-year statutory deadline can apply for a one-year extension to the compliance date in order to install pollution prevention controls, in accordance with 40 CFR 63.1216 (SEE ALSO: 63 FR 33782; 6/19/98).
 
10/08/1998CONCERNS ABOUT BURNING HAZARDOUS WASTE IN CEMENT KILNSMemo
 Description: EPA updating regulations to control toxic emissions from hazardous waste combustors (SEE ALSO: 64 FR 52828; 9/30/99). Cement kilns can burn hazardous waste as safely as incinerators. Cement kilns burn hazardous waste fuels as alternative to coal and other fuels.
 
09/29/1998ADEQUATE PUBLIC NOTICE FOR MACT RULE PROVISIONSMemo
 Description: EPA will continue to comply fully with the Administrative Procedures Act in developing the final maximum achievable control technology (MACT) rule for hazardous waste combustors (SEE ALSO: 64 FR 52828; 9/30/99). Differences between MACT rules for hazardous waste combustors (HWC) and nonhazardous waste burning cement kilns is due to fact that HWC are currently subject to different emissions controls. EPA is committed to ensuring a fair and reasonable opportunity for the public to have input in the rulemaking process (SEE ALSO: RPC# 9/10/99-01).
 
09/10/1998NOTICE AND COMMENT ISSUES IN CONNECTION WITH THE MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) RULEMAKINGMemo
 Description: EPA will continue to comply fully with the Administrative Procedures Act in developing the final maximum achievable control technology (MACT) rule for hazardous waste combustors (SEE ALSO: 64 FR 52828; 9/30/99). EPA is committed to ensuring a fair and reasonable opportunity for the public to have input in the rulemaking process.
 
06/12/1998CLARIFICATION ON THE DISTINCTION BETWEEN THERMAL DESORBERS AND Memo
 Description: Thermal desorbers utilizing controlled flame combustion (e.g., a directly fired chamber and/or a fired afterburner) meet the definition of incinerator. Thermal desorbers not using controlled flame combustion (e.g., an indirectly heated chamber with no afterburner) would be classified as miscellaneous units. Discusses the use of thermal desorption as a presumptive remedy for CERCLA sites with volatile organic compounds (VOCs) in soils.
 
06/02/1998MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) REGULATIONSMemo
 Description: The 1997 estimates show a reduction of dioxin/furan and mercury emissions from hazardous waste combustors as a result in part to the Hazardous Waste Combustion Strategy and the proposed maximum achievable control technology (MACT) standards. The “fast track” portion of the MACT rule contains waste minimization and pollution prevention requirements (SEE ALSO: 63 FR 33782; 6/19/98). The MACT proposal would require facilities to monitor emissions and conduct performance testing under the Clean Air Act requirements (SEE ALSO: 64 FR 52828; 9/30/99). The MACT floor standard is defined by the technologies used by the best performing (lowest emitting) 6 percent of sources for that hazardous air pollutant.
 
05/01/1998Environmental Fact Sheet: Final Standards for Hazardous Waste Combustors - Phase IPublication
 Description: Describes EPA's final standards for four items in the first phase of finalizing its proposal to revise the air emission standards for certain units that combust hazardous wastes (i.e., hazardous waste generators, hazardous waste burning incinerators, cement kilns, and lightweight aggregate kilns.
 
02/09/1998DISPOSAL CAPACITY IN THE UNITED STATES FOR CERTAIN HAZARDOUS WASTES INCLUDING DIOXIN BEARING WASTESMemo
 Description: The Laidlaw facility in Coffeyville, Kansas is the only permitted commercial facility in the U.S. able to accept and treat dioxin-bearing wastes. Due to a decrease in demand, Laidlaw may put the facility in “idling mode” for one year to determine if the demand will increase. EPA is not aware of other facilities seeking a permit to treat dioxin-bearing wastes.
 
12/01/1997Waste Minimization: Reduction in Combustible Waste, FMC CorporationPublication
 Description: This fact sheet details the success of the waste minimization program at the FMC Corporation, which reduced their combustible waste by recycling their solvents.
 
09/26/1997MANAGEMENT STANDARDS FOR USED OIL CONTAMINATED WITH POLYCHLORINATED BIPHENYLSMemo
 Description: The presence of PCBs in used oil is not one of the criteria for used oil fuel specifications. TSCA requirements for marketing and burning used oil with more than 50 ppm PCBs incorporate certain off-specification used oil requirements by reference. TSCA’s incorporation of these requirements does not mean that PCB-containing used oil is regulated under RCRA or is considered off-specification (SEE ALSO: 63 FR 24963; 5/6/98).
 
07/30/1997RESPONSE TO QUESTIONS FROM CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL REGARDING VARIOUS ISSUES ON THE COMBUSTION OF HAZARDOUS WASTEMemo
 Description: Controlled flame combustion refers to a steady-state, or near steady-state, process wherein fuel and/or oxidizer feed rates are controlled. Fluidized bed devices are incinerators. Catalytic converters are regulated as miscellaneous units if the reaction ceases without the catalyst. The use of a catalyst to enhance traditional combustion would not allow classification as a miscellaneous unit. Systems operating outside the limits of flammability (i.e., a flame is never formed) are not incinerators. The process not the product determines a unit's classification. Syngas that is hazardous waste derived is subject to regulation if used as a fuel unless the comparable fuels exemption applies (SEE ALSO: 63 FR 33782; 6/19/98).
 
07/21/1997INDEPENDENT THIRD PARTY AUDITS OF BOILER AND INDUSTRIAL FURNACE TRIAL BURNSMemo
 Description: Quality assurance (QA) managers may be part of corporation, but must not be directly responsible nor accountable to those who are directly responsible for the data collection during a trial burn.
 
05/23/1997REGULATORY STATUS OF BURNING SULFUR-CONTAINING SECONDARY MATERIALS TO PRODUCE VIRGIN SULFURIC ACIDMemo
 Description: The heating value of sulfur-containing material inserted in a sulfuric acid regeneration furnace determines if the activity is burning for energy recovery or reclamation. Materials with a heating value greater than 5000 Btu/lb are generally considered to be burned as a fuel rather than for metals recovery or as an ingredient. 5000 Btu/lb is not a regulatory threshold for the purposes of the definition of solid waste, but there is a strong presumption that secondary materials above 5000 Btu are burned for energy recovery and therefore are solid wastes (e.g., as in the case of characteristic by-products recycled by being burned). The section 261.4(a)(7) exclusion applies only to spent sulfuric acid and does not include other sulfur-containing materials.
 
05/02/1997MACT IMPLEMENTATION PROJECT’S (MIP’S) DRAFT COMPLIANCE PLANMemo
 Description: EPA released for public comment a compliance plan for the maximum achievable control technology (MACT) proposed standards called the public and regulatory notification of intent to comply (PRNIC) (SEE ALSO: PRNIC requirements finalized at 63 FR 33782; 6/19/98). The only enforceable aspects of the PRNIC are that it is submitted on time and that it is complete.
 
05/01/1997Strategy Update: A Newsletter on EPA's Hazardous Waste Minimization and Combustion ActivitiesPublication
 Description: This newsletter discusses the status of the proposed Revised Standards for Hazardous Waste Combustion Facilities rule and addresses issues related to public participation and waste minimization.
 
03/04/1997MUNICIPAL SOLID WASTE LANDFILLS AND OTHER WASTE MANAGEMENT METHODSMemo
 Description: No Congressional mandate exists for EPA to establish landfill standards that represent state-of-the-art technology. New landfills and lateral expansions of existing landfills must meet a performance standard based on releases to groundwater or be constructed with a liner and leachate collection system. Existing landfills may be lined or unlined (i.e., they are not required to retrofit liner systems). All landfill units must monitor releases, take corrective action in the event of a release, and meet post-closure care requirements. EPA requires financial assurance for all landfills by April 1997. The deadline may be extended for one year if the owner or operator has insufficient time to comply. Composting is a form of recycling. The solid waste management hierarchy considers source reduction to be the preferred solid waste management option, followed by recycling (including composting), combustion (with energy recovery), and landfilling. EPA has two on-going studies on resource recovery. An ORD study to develop a life-cycle inventory database and decision-support tool for solid waste managers and a study to develop a greenhouse gas emissions inventory for municipal solid waste.
 
11/27/1996APPLICABILITY OF 40 CFR PART 279 TO ON-SPECIFICATION USED OILMemo
 Description: On-specification used oil that will be burned for energy recovery is no longer subject to the used oil requirements once the person making the on-specification claim complies with the applicable marketer provisions. Used oil meeting specification that is refined or disposed is subject to the used oil requirements. The regulatory status of the on-specification oil must be reevaluated if some action is taken that may affect the properties of the oil. Blending used oil to meet specification is processing. Used oil storage may be covered under the Spill Prevention Control and Countermeasures (SPCC) regulations and the underground storage tank (UST) requirements.
 
11/01/1996COOLANT RECYCLING AND USED OIL PROCESSINGQuestion & Answer
 Description: On-site coolant recycling is not used oil processing when intended to extend the life of the oil and when recycling is incidental to the production process. Coolant must be generated on-site and not sent directly off-site to a burner.
 
11/01/1996DETERMINATION OF EQUIVALENT TREATMENT UNDER 268.42(B)Memo
 Description: EPA is approving the determination of equivalent treatment (DET) per 268.42(b) for wastewater sludges from bulk liquid storage tank washings, line cleanings, and shipboard ballast water and other wastes because combustion is not appropriate.
 
11/01/1996STATE AUTHORIZATION AND USED OIL RECYCLED THROUGH SOME OTHER MEANS THAN BURNING FOR ENERGY RECOVERYQuestion & Answer
 Description: EPA does not regulate used oil recycled in some manner other than burning for energy recovery, such as re-refining, in states where Part 279 is not in effect.
 
10/28/1996REGULATORY STATUS OF RESIDUES FROM LIGHT-WEIGHT AGGREGATE KILNSMemo
 Description: EPA is considering applying a “significantly affected test” for residues from non-Bevill sources similar to the existing provision for Bevill sources in Section 266.112 (SEE ALSO: 61 FR 17472; 4/19/96). EPA’s initial inclination is not to promulgate such an option. Other options for addressing the regulatory status of light-weight aggregate kiln (LWAK) residues include the Hazardous Waste Identification Rule (HWIR), the upcoming Definition of Solid Waste rulemaking, and expansion of special controls to be proposed for cement kiln dust (CKD) (SEE ALSO: 64 FR 45632; 8/20/99).
 
10/02/1996JOHNSTON ATOLL CHEMICAL AGENT DISPOSAL SYSTEM (JACADS) RISK RELATED ISSUESMemo
 Description: Discusses the draft site-specific combustion risk assessment, current method for assessing the non-carcinogenic risks associated with dioxin exposure, most appropriate data subsets for determining carcinogenic potency factors, methods for assessing the risks associated with exposure to either the sulfur or brominated analogs of dioxin, EPA’s treatment of putative compound synergistic interactions when applied to the facility assessment. EPA has not yet developed a methodology for quantitative assessment of risks due to exposures to potential endocrine disruptors.
 
09/30/1996PROPOSED MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) STANDARDS FOR HAZARDOUS WASTE COMBUSTORSMemo
 Description: The Maximum Achievable Control Technology (MACT) air emission standards will be issued under joint RCRA and Clean Air Act authority (SEE ALSO: 64 FR 52828; 9/30/99). EPA does not have any indication from the regional offices that they intend to impose the proposed MACT standards in permits. The use of the omnibus permit authority under RCRA 3005(c)(3) to incorporate the proposed standards as permit conditions would require site-specific justification and may not rest solely on the proposal of these limits as national standards.
 
08/14/1996USED OIL MANAGEMENT STANDARDS TO MATERIALS CONTAMINATED WITH USED OIL AND PROVIDE LITTLE OR NO ENERGY WHEN BURNEDMemo
 Description: Materials contaminated with used oil from which the free flowing oil has been drained are regulated as used oil if the material is burned for energy recovery. Burning for energy recovery for the purposes of used oil is limited to materials that have heating values of at least 5,000 BTUs per pound. A state may have a more stringent definition of burning for energy recovery.
 
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.
 
05/30/1996STATUS OF MIXED COAL PRODUCTSMemo
 Description: Characteristic manufactured gas plant (MGP) wastes can be mixed with coal or other material in a generator accumulation unit until the characteristic is removed. The resulting mixture may be sent to a fossil fuel combustor provided the mixture is no longer characteristically hazardous. Combustion residues are exempt under the Bevill exemption for fossil fuel combustion wastes. If the mixture is sent to a landfill, it must meet land disposal restrictions (LDR) treatment standards regardless of whether the characteristic has been removed (SEE ALSO: 63 FR 28574; 5/26/98).
 
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).
 
04/25/1996QUESTIONS REGARDING THE HAZARDOUS WASTE MINIMIZATION AND COMBUSTION STRATEGY AND THE HAZARDOUS WASTE MINIMIZATION NATIONAL PLANMemo
 Description: EPA’s response to various questions on the Hazardous Waste Minimization and Combustion Strategy and the Hazardous Waste Minimization National Plan. Two strategy updates have been published since September 1994. The strategy did not create a moratorium on new incinerators. EPA gives priority to the final permitting of existing facilities. EPA details the current understanding of continuous emissions monitoring systems (CEMS). EPA proposed revised standards for hazardous waste combustion facilities (SEE ALSO: 61 FR 17358; 4/19/96).
 
04/12/1996USE OF INDUSTRIAL HAZARDOUS AND NON-HAZARDOUS WASTES AS FEEDSTOCK FOR A CATALYTIC EXTRACTION PROCESSING (CEP) UNITMemo
 Description: A catalytic extraction process (CEP) using listed hazardous waste (HW) feedstock to produce synthesis gas (syngas) may be legitimate recycling. A legitimate recycling determination is left to the implementing agency. Once a determination is made, the implementing agency must determine if the HW feedstock is exempt for use/reuse. The exemption does not apply if the resulting product is burned for energy recovery, used to make fuel (261.2(e)(2)(ii)), or used in a manner constituting disposal. Residuals from the CEP are not regulated if they are not listed or characteristic. Listed or characteristic residuals would be a newly generated waste. The current regulations do not characterize HW-derived fuels based on a comparison to product fuels. EPA has proposed a comparable fuels exclusion and syngas exemption (SEE ALSO: the exclusion was finalized 63 FR 33782; 6/19/98).
 
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.
 
04/01/1996ABILITY OF A HAZARDOUS WASTE BURNING BIF TO SPIKE METALS AND USE OF TEST DATA IN LIEU OF A TRIAL BURNMemo
 Description: EPA does not recommend spiking toxic metals at high concentrations during BIF trial burns. Burning waste fuels with high metals content in trial burns, compliance tests, or normal operations is an environmentally unsound practice. The Combustion Strategy recommends that toxic metals burned in hazardous waste combustors be addressed in a multi-pathway risk assessment under Section 3005(c)(3) omnibus authority. Decisions to allow the use of data in lieu of a trial burn or compliance test are made on a site-specific basis. Data-in-lieu of provisions are not intended to allow the elimination of retesting requirements.
 
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.
 
03/15/1996EPA 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)).
 
03/01/1996Environmental Fact Sheet: Revised Technical Standards Proposed for Hazardous Waste Combustion Facilities (MACT)Publication
 Description: Presents an overview of the proposal to revise the emission standards for hazardous waste-burning incinerators, cement kilns, and lightweight aggregate kilns. This rule is being proposed under the joint authority of the Clean Air Act (CAA) and the Resource Conservation Recovery Act (RCRA). The proposal fulfills EPA’s committment, as stated in the 1993 Hazardous Waste Minimization and Combustion Strategy, to upgrade the emission standards for hazardous waste-burning facilities.
 
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).
 
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).
 
11/09/1995USE OF METAL SURROGATES IN COMPLYING WITH THE BOILER AND INDUSTRIAL FURNACE (BIF) RULEMemo
 Description: BIF rules do not specifically prohibit testing with surrogate metals, but the use of surrogate metals may be of limited use. Use of a low volatility regulated metal (e.g., chromium, arsenic) as a surrogate for beryllium is discouraged.
 
10/12/1995CLARIFICATION OF TREATMENT, AS DEFINED AT 40 CFR SECTION 260.10, AS IT RELATES TO HAZARDOUS WASTE FUEL BLENDING ACTIVITIESMemo
 Description: Consolidation of compatible bulk or containerized wastes to facilitate efficient transportation or disposal is not treatment. Blending hazardous waste fuels to meet a specification is treatment and requires a permit.
 
08/25/1995INTERPRETATION OF THE REGULATORY EXEMPTION FOR BURNING USED OIL IN SPACE HEATERSMemo
 Description: Generators who want to burn used oil in space heaters under 279.23(a)(1) may burn only used oil that they generated and used oil collected from Do-It-Yourselfers. A generator with multiple facilities may burn used oil from his other facilities, but not used oil generated by another business. Used oil brought from off site is subject to the 55-gallon limit.
 
08/24/1995THE DIFFERENCE BETWEEN THE DEFINITION FOR THE CHARACTERISTIC OF IGNITABILITY AS IT PERTAINS TO SOLIDS VS. LIQUIDSMemo
 Description: There is no official method for testing ignitability of solids or sludges. Method 1010, Pensky-Martens, has some use for liquid wastes with non-filterable, suspended solids. Flash point testing is only appropriate for liquids. OSW developed and proposed SW-846 test method 1030 based on the DOT burn rate test in Section 173.124 and Appendix E (SUPERSEDED: SW-846 method 1030 finalized in 6/13/97; 62 FR 32451). If using the DOT method, separate the solid/liquid phases and test separately. Supplement tests with generator knowledge.
 
08/10/1995CLARIFICATION AS TO WHETHER DEWATERING IS A PROCESS THAT TRIGGERS EPA'S USED OIL PROCESSOR REQUIREMENTSMemo
 Description: Dewatering of oil-based used coolant does not make a generator a processor. If the generator is dewatering and sending used oil (UO) to be burned, then the generator is also a processor.
 
08/02/1995A DETERMINATION OF WHETHER A DETOX(SM) WET OXIDATION PROCESS WOULD BE REGULATED UNDER SUBPART X OR UNDER SUBPART OMemo
 Description: Wet oxidation process (DETOX) is a miscellaneous unit, not incinerator, because direct flame combustion is not involved. Subpart X permits contain such terms necessary to protect human health and environment.
 
07/18/1995DETERMINATION OF EQUIVALENT TREATMENT (DET) FOR F024 FOR WHICH INCINERATION IS BDATMemo
 Description: The proposed treatment of F024 using catalytic extraction processing would provide the treatment equivalent to the promulgated treatment standard, INCIN (incineration). This determination of equivalent treatment (DET) pursuant to 268.42(b) applies to specific facilities. Additional sites may be covered by a DET if the technology is expected to be commercially deployed at other sites and the company requests a DET.
 
07/13/1995REGULATORY STATUS OF SPENT ANTIFREEZEMemo
 Description: Spent antifreeze from radiator flushes may be characteristic. Studies indicate spent antifreeze may be hazardous, primarily due to lead. EPA has not determined the point of generation for like wastes of similar composition when commingled after being produced. Discusses the status of commingling hazardous and nonhazardous antifreeze. If the commingled mixture is no longer hazardous and meets treatment standards, the generator must comply with the Section 268.9 notification requirement. Residues and still bottoms from antifreeze recycling are a newly generated waste. Metal-bearing, high-BTU still bottoms could be burned in a BIF under the dilution prohibition.
 
07/01/1995Guidance for the Sampling and Analysis of Municipal Waste Combustion Ash for the Toxicity CharacteristicPublication
 Description: This document contains guidance to assist generators of ash from municipal waste combustion facilities in determining whether the ash is hazardous because it exhibits the toxicity characteristic. It also discusses typical concerns during ash sampling, analysis using the TCLP, the importance of quality assurance and quality control, and criteria for evaluating data. There is also a listing of resources for designing a sampling and analysis plan and an appendix of definitions used in the guidance.
 
05/25/1995REGULATORY STATUS OF A GASIFICATION UNIT PROPOSED BY TEXACO TO BE BUILT IN EL DORADO, KANSASMemo
 Description: Syngas fuel from a gasification unit at a Kansas petroleum refinery is derived from F037, K022, and K051, but is exempt fuel from refining oil-bearing hazardous waste during normal refinery operations per 261.6(a)(3)(iv) (SUPERSEDED: exemption moved to 261.6(a)(3)(iii)). The gasification unit is an exempt recycling unit. No storage permit is needed for listed feedstocks prior to recycling if the generator accumulation limit is not exceeded. This interpretation does not apply to all gasification units.
 
04/01/1995STATUS OF FOSSIL FUEL COMBUSTION WASTE EXCLUSIONQuestion & Answer
 Description: Discusses the regulatory status of fossil fuel combustion wastes. Independently- managed large-volume coal-fired utility wastes are excluded under the Bevill exemption for fossil fuel combustion wastes. Remaining wastes are excluded until a final determination is made in 1998. Low-volume wastes not co-managed with large-volume wastes are not excluded.
 
03/22/1995REVISED IMPLEMENTATION STRATEGY FOR CITY OF CHICAGO V. EDF MUNICIPAL WASTE COMBUSTION (MWC) ASH SUPREME COURT DECISIONMemo
 Description: Ash from waste-to-energy facilities burning municipal solid waste (MSW) is no longer exempt from Subtitle C if it exhibits characteristics under 3001(i). Municipal waste combustor ash must be evaluated for characteristics at the point the ash leaves the resource recovery facility, making the mixing of bottom and fly ash prior to a hazardous waste determination impossible in some cases (SEE ALSO: 10/1/94-02; 59 FR 29372; 6/7/94; 60 FR 6666; 2/3/95).
 
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.
 
02/22/1995REGULATORY DETERMINATION OF CEMENT KILN DUSTMemo
 Description: Cement kiln dust (CKD) is exempt under the 261.4(b)(8) Bevill exclusion until EPA promulgates custom-tailored RCRA Subtitle C rules. The CKD decision (60 FR 7366; 2/7/95) applies to all dust whether or not a hazardous waste fuel is burned in the kiln, although CKD from cement kilns co-burning hazardous waste must qualify for the exclusion through the 266.112 test.
 
02/10/1995CLARIFICATION OF THE LDR PHASE II REGULATION THAT APPEARED IN THE FEDERAL REGISTER ON SEPTEMBER 19, 1994Memo
 Description: SW-846 need not be used to demonstrate compliance with the universal treatment standards (UTS). When organic waste are combusted, nondetect values within an order of magnitude of UTS are acceptable. Notification for F001-F005, F039, D001, D002, D012-43 must include the constituents to be monitored if monitoring will not involve all UTS constituents.
 
02/06/1995REGULATORY STATUS OF RESIDUAL AVIATION FUELS THAT ARE BURNED FOR ENERGY RECOVERYMemo
 Description: Off-specification fuels (e.g. gasoline, kerosene, jet fuel, diesel) are not a solid waste when burned for energy recovery because they are used for their intended purpose. The manner in which fuels become off-specification generally is not relevant, unless the fuels are mixed with or contaminated by a non-fuel hazardous waste. Many uses as a fuel are legitimate burning for energy recovery.
 
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.
 
01/26/1995CHARACTERIZATION OF WASTE STREAMS FROM POLYMERIC COATING OPERATIONSMemo
 Description: Manufacturing process units may include distillation columns, flotation units, or discharge trays or screens. Rags and wipers can only be defined as listed if they contain a hazardous waste. If a rag or wiper contains a listed waste, it is a hazardous waste via the contained-in policy or it is considered mixed with a listed hazardous waste (SEE ALSO: 2/14/94-01). The final regulatory determination for wipers should be made by the State or Regional office. No test method has been promulgated for spontaneous combustion. A generator is responsible for comparing properties of his/her waste with the narrative definition. The Paint Filter Liquids test is the current test to determine whether a material contains a liquid for the characteristic of ignitability (D001).
 
12/19/1994REGULATORY DETERMINATIONS UNDER RCRA ON THE STATUS OF ZINC OXIDE PRODUCED BY AN ELECTRIC ARC STEEL FURNACEMemo
 Description: Incorporating hazardous waste into animal feeds is generally not considered use in a manner constituting disposal. If zinc oxide produced from the recycling of K061 is completely reclaimed, it is a product and is no longer subject to RCRA provided it is not burned for energy recovery or used in a manner constituting disposal. In cases where the zinc oxide will be further refined to make zinc metal, it is a partially reclaimed listed sludge and is still a hazardous waste subject to regulation.
 
12/13/1994LE VALT MERCURY-CADMIUM BATTERIESMemo
 Description: Unused batteries sent for reclamation are CCPs being reclaimed, and are not solid wastes. Mercury-cadmium batteries must be treated by thermal recovery. EPA recognizes that most battery recycling technologies in the U.S. are not designed to treat these wastes (SEE ALSO: Part 273).
 
12/05/1994CLARIFICATION OF REGULATION OF FUEL BLENDING AND RELATED TREATMENT AND STORAGE ACTIVITIESMemo
 Description: Eligibility for the Bevill exemption for cement kiln dust (CKD) residues is contingent upon the composition of the residue, not upon the purpose of burning waste. If no treatment or blending occurs, bulking, containerizing, consolidating, and de-consolidating are allowed at transfer facilities.
 
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.
 
11/15/1994Environmental Fact Sheet: EPA Announces Strategy for Hazardous Waste Minimization and CombustionPublication
 Description: This fact sheet announces EPA's Strategy for Hazardous Waste Minimization and Combustion, which contains EPA's goals and vision and outlines a series of actions for the Agency's hazardous waste program. This new strategy represents a major milestone in EPA's ongoing commitment to determine how best to integrate source reduction and environmentally sound recycling into the national hazardous waste management program and how best to assure the public of safe operation of hazardous waste combustion facilities.
 
11/15/1994NSPS AND EMISSIONS GUIDELINES FOR MUNICIPAL INCINERATIONMemo
 Description: Clean Air Act standards for medical waste incinerators (New Source Performance Standards (NSPS) and Emissions Guidelines (EG)) are expected to be proposed in February 1995. The DOT regulation of medical waste and materials infectious to animals are expected to be effective on 10/1/95 (SEE ALSO: 60 FR 33912; 6/29/95).
 
11/15/1994VARIANCES FROM CLASSIFICATION AS A SOLID WASTE UNDER 40 CFR 260.31(B) FOR SPENT CATALYSTSMemo
 Description: Wastes subject to a variance for secondary materials that are reclaimed and reused within original production process in which generated are not subject to RCRA even if they are burned or incinerated. Provides the criteria or conditions that an applicant must meet to be eligible for a variance. The Agency can weigh criteria differently and add factors (SEE ALSO: Section 261.4(a)(8)).
 
11/09/1994DETERMINATION REGARDING THE REGULATORY STATUS OF A WASTE RECLAMATION SYSTEMMemo
 Description: Secondary materials used as ingredients to produce products are excluded from the definition of solid waste at the point of generation, provided they are not used in a manner constituting disposal, used to produce a fuel, or accumulated speculatively. Whether a waste is reclaimed or used as an ingredient is case-specific. Waste-derived products that are used in a manner constituting disposal are subject to 266 Subpart C. Waste-derived products that are burned as fuels are subject to 266 Subpart H.
 
11/08/1994REGULATORY INTERPRETATIONS UNDER RCRA CONCERNING CERTAIN FUEL BLENDING SCENARIOSMemo
 Description: The 1991 BIF rules superseded the sham recycling policy for hazardous waste fuels, so an as-generated heating value no longer affects the legality of fuel blending prior to burning in BIFs, but it may affect the status of the product created in a BIF. If fuels with low heating values are burned, cement may be considered a waste-derived product and subject to hazardous waste regulation if it is destined for land placement, unless the facility demonstrates legitimate energy recovery. If gravity separates hazardous waste fuel into aqueous and organic phases during storage, mixing the phases together again is not treatment. Decanting the two phases or portions of fuel is treatment.
 
11/04/1994MINIMUM HEAT CONTENT REQUIREMENTS OF WASTE-DERIVED FUEL BLENDED FOR ENERGY RECOVERY IN BIFSMemo
 Description: Blending of hazardous waste to increase the heating value for use as a fuel is not prohibited. Hazardous waste with a heating value of less than 5000 Btu/lb is burned for destruction, not for energy recovery. The resulting cement or aggregate is a waste-derived product subject to hazardous waste regulation unless the facility documents a legitimate energy contribution of the low Btu fuel (SEE ALSO: RPC# 5/20/94-01).
 
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.
 
11/01/1994Permit Process Steps: For Interim Status Hazardous Waste Combustion Facilities and for New Hazardous Waste Combustion FacilitiesPublication
 Description: This document presents the proposed requirements from the RCRA Expanded Public Participation and Revisions to Combustion Permitting Procedures Rule. The proposed steps for interim status hazardous waste combustion facilities include: a preapplication meeting, submission of Part A and Part B permit applications, an application notice, review of the application, establishment of an information repository, trial burn notice, trial burn, trial burn analysis and review, preparation of the draft permit determination, public comment on the draft permit determination, permit determination, permit appeal, and judicial appeal.
 
11/01/1994Statement of Michael Shapiro, Director of the Office of Solid Waste: Strategy for Hazardous Waste Minimization and CombustionPublication
 Description: This document announces EPA's Strategy for Hazardous Waste Minimization and Combustion. It discusses the role of waste minimization in the RCRA hazardous waste management program and addresses the role of combustion; presents EPA's views on expanded public involvement in the RCRA decision-making process, the need for strong compliance and enforcement, and the role of risk assessment in the permitting of hazardous waste combustion facilities; and highlights the strategic directions developed by EPA through an extensive and open process to solicit views from all affected parties.
 
11/01/1994Status of Rulemaking on Emissions Standards and ControlsPublication
 Description: This document addresses the upgrading of emissions standards controls for hazardous waste combustors (HWCs) and concerns with existing controls; describes promulgation under joint RCRA and Clean Air Act (CAA) authorities; and discusses the hazardous air pollutants (HAPs) to be regulated, enhanced monitoring, and progress to date.
 
11/01/1994Universe of Hazardous Waste Combustion Facilities (as of November 1, 1994)Publication
 Description: This fact sheet presents EPA's current statistics on the permitting status of incinerators and boilers and industrial furnaces.
 
11/01/1994Update on Implementation of the Hazardous Waste Minimization and Combustion StrategyPublication
 Description: This document details the status of individual projects implementing the goals and commitments of the Draft Strategy on Hazardous Waste Minimization and Combustion in chart form and identifies future objectives.
 
10/24/1994DETERMINATION OF EQUIVALENT TREATMENT (DET) FOR 8 OF THE WASTE CODES FROM A TOLUENE DIISOCYANATE (TDI) TREATABILITY GROUPMemo
 Description: The catalytic extraction processing and compliance with universal treatment standards (UTS) for metals is equivalent to best demonstrated available technology (BDAT) of incineration or combustion for toluene diisocyanate waste (K027, K112, K114, K115, K116, U221, U223). K111 has a land disposal restrictions (LDR) concentration based standard, not technology, and thus is not eligible for an equivalent treatment variance.
 
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).
 
10/04/1994REGULATORY REQUIREMENTS APPLICABLE TO TWO WASTE STREAMS THAT WOULD BE BILAYERED THROUGH PHASE SEPARATION AT A LICENSED TSDFMemo
 Description: An aqueous phase separated from bilayered ignitable (D001) high total organic carbon (TOC) waste is a different waste and need not be combusted. The aqueous phase may be sent to wastewater treatment. Discusses phase separation and change in treatability group.
 
10/01/1994REGULATORY STATUS OF METALS RECOVERY UNDER RCRAQuestion & Answer
 Description: Lead and nickel-chromium furnaces, and metal recovery furnaces that burn certain baghouse bags are metal recovery units engaged in precious metals recovery and are conditionally exempt from BIF rules. Prior management of precious metals is subject to Part 266, Subpart F. Owners of BIFs that burn hazardous wastes solely for metal recovery are exempt from most BIF regulation. There are three criteria to determine if hazardous waste is processed solely for metal recovery.
 
10/01/1994STATUS OF MUNICIPAL WASTE COMBUSTION (MWC) ASHQuestion & Answer
 Description: Municipal waste combustion (MWC) ash is subject to regulation if it exhibits a characteristic. Discusses the history of municipal waste combustion regulation. Ash from waste-to-energy facilities is a newly-identified waste for purposes of the land disposal restrictions (LDR). (SEE ALSO: 59 FR 29372; 6/7/94; 60 FR 6666; 2/3/95; RPC# 3/22/95-01)
 
09/28/1994APPLICABILITY OF USED OIL MANAGEMENT STANDARDS TO ACTIVITIES INVOLVING SEPARATION OF USED OIL FROM SORBENT MATERIALSMemo
 Description: Generators who separate used oil from sorbent materials are not processors provided the used oil is not sent directly off-site to a used oil burner. On-site burning of used oil from incidental processing activities is allowed.
 
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.
 
09/01/1994USED OIL STORAGE TANK BOTTOMS: HAZARDOUS WASTE OR USED OIL WHEN BURNED FOR ENERGY RECOVERYQuestion & Answer
 Description: Residues or sludges resulting from the storage, processing, or re-refining of used oil are considered used oil when they are recycled by being burned for energy recovery, even if they exhibit a characteristic of hazardous waste.
 
08/19/1994REGULATORY DETERMINATION ON THE STATUS OF A LEAD/COPPER METAL PRODUCED BY METALS RECYCLING TECHNOLOGIES (MRT)Memo
 Description: Hazardous secondary materials sent for thermal treatment at smelters remain hazardous waste until reclamation is complete. Materials that have been reclaimed are not wastes. Metal-bearing material that is 92-99% pure and only needs refining prior to use is considered fully reclaimed. A person who claims that a secondary material is not a solid waste is subject to the 261.2(f) documentation requirement.
 
08/18/1994REGULATORY STATUS OF MUNICIPAL WASTE COMBUSTOR ASH FROM COMBUSTOR THAT BURNS ONLY HOUSEHOLD HAZARDOUS WASTE AND DOES NOT RECOVER ENERGYMemo
 Description: Ash from municipal waste combustors that do not recover energy and that burn only household waste is exempt household hazardous waste (HHW). Ash from resource recovery facilities that burn commercial waste is not exempt. Ash from combustors that burn other wastes in addition to HHW is not exempt (SUPERSEDED: see 60 FR 6666; 2/3/95).
 
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.
 
07/26/1994DETERMINATION ON THE LEGALITY AND APPROPRIATENESS OF USING INCINERATION FOR TWO P078 WASTE STREAMSMemo
 Description: The land disposal restrictions (LDR) treatment standard for P078 is ADGAS. Liquid P078 absorbed onto debris or into a rinsate liquid meets the standard. An equivalent method variance is not necessary in such cases. Residues from incineration are subject to the treatment standards.
 
07/21/1994CLARIFICATION: IS A FACILITY THAT HAS A ""PRIMARY PURPOSE"" OF BURNING HAZARDOUS WASTE FOR DESTRUCTION SUBJECT TO RCRA REGULATIONS?Memo
 Description: Solid waste includes materials that are abandoned by being burned or incinerated. Discusses the history of the incinerator and BIF rules. The BIF rules apply even to BIFs burning hazardous waste (HW) for destruction. A facility with the “primary purpose” of burning HW for destruction is an incinerator. A test to determine whether a device is a BIF is in definition at Section 260.10. The revenue of a facility for treatment versus recycling is not sole factor in identifying the unit, but is factor in determining whether the activity is destruction, or legitimate or sham recycling. Delisting is not a prerequisite to use the Section 266.20 use in manner constituting disposal exemption. Section 266.20 only applies to to legitimate products derived from hazardous waste, not to hazardous waste residues that are merely claimed to be products. HSWA requires that facilities should conduct proper hazardous waste management in order to protect the environment and to achieve the ultimate goals of waste minimization and the reduction of land disposal.
 
07/20/1994EXCLUSION FROM RCRA REGULATION FOR SECONDARY MATERIALS USED OR REUSED DIRECTLY AS INGREDIENTS IN AN INDUSTRIAL PROCESSMemo
 Description: The heating value of a secondary material inserted in a sulfuric acid regeneration furnace determines if the activity is excluded use or reuse, or burning for energy recovery subject to Part 266, Subpart H. Generally, waste with a heating value at or above 5000 Btu/lb is considered burned as fuel. Hazardous waste burned in a BIF for metals recovery is exempt under 266.100(c) only if the device burns the waste exclusively for metals recovery and not partially for destruction or energy recovery. A secondary material with high sulfur content burned in a sulfuric acid regeneration furnace is not eligible for the 261.4(a)(7) exclusion because the secondary material in question is not spent sulfuric acid.
 
07/15/1994APPLICABILITY OF HAZARDOUS WASTE CODES TO A CHEMICAL POLISHING SYSTEMMemo
 Description: Discarded chemical polishing bath solution containing the oxidizer hydrogen peroxide may be ignitable (D001) because it is capable of severely exacerbating a fire by yielding oxygen to stimulate combustion. Acid baths may be corrosive (D002) due to sulfuric acid content. The chemical polishing process does not generate a listed waste if no electroplating or cyanides are used (SUPERSEDED: Memorandum, Dellinger to Waterman; May 18, 2007 (RO 14808)). Discarded baths from this process are hazardous wastes only if characteristic. Wastes that exhibit a characteristic at the point of generation may be subject to the Part 268 requirements even if they do not exhibit a characteristic at the point of disposal (261.3(d)(1)).
 
07/15/1994Setting Priorities for Hazardous Waste MinimizationPublication
 Description: This document describes EPA's work in developing a methodology to set priorities in determining which combusted hazardous wastes EPA, states, industry, and other stakeholder groups should focus on regarding waste minimization. It also presents draft results of prioritizing waste streams and the industrial processes generating them.
 
07/11/1994CLARIFICATION OF HOW RCRA REGULATIONS APPLY TO OFF-SPECIFICATION FUELS THAT ARE BEING BURNED FOR ENERGY RECOVERYMemo
 Description: Characteristic off-specification fuels (e.g., gasoline, kerosene, jet fuel, and diesel) are CCPs and are not solid waste when burned for energy recovery because they are fuels. Section 261.2(c)(2)(ii) applies to both listed and characteristic CCPs. Cleanup levels for spills of gasoline and other fuels are site-specific.
 
07/11/1994CLARIFICATION ON HOW REUSE OF ""WASTE RESINS"" AS FEED STOCK TO MANUFACTURE NEW PRODUCTS ARE REGULATED UNDER RCRAMemo
 Description: Outdated resins qualifying as off-specification CCPs are not solid wastes when recycled, unless they are burned for energy recovery or used in a manner constituting disposal and that was not their originally intended purpose. Secondary materials that are reclaimed or directly reused as feedstocks in industrial processes to make a product, or used as effective substitutes for products, are not solid wastes.
 
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.
 
06/10/1994INTERPRETATION OF THE MIXTURE RULE EXEMPTION AS IT RELATES TO SCRUBBER WATER FROM THE INCINERATION OF CERTAIN SOLVENTSMemo
 Description: The 261.3(a)(2)(iv)(A) and (B) mixture rule exemptions for de minimis quantities of solvents apply only to solvents incidentally discharged to wastewaters, not to solvents in "principle wastestreams" routed to wastewaters. Scrubber water derived from listed solvent incineration is not eligible for the mixture rule exemption.
 
06/07/1994SHAM RECYCLING POLICY AS IT PERTAINS TO THE BOILER AND INDUSTRIAL FURNACE RULEMemo
 Description: The BIF rule supersedes the sham recycling policy of a minimum 5000 Btu/lb heating value for waste (56 FR 7183; February 2, 1991). A product is waste-derived if a furnace burns hazardous waste fuels with a heating values less than 5000 Btu/lb, unless the facility demonstrates legitimate energy recovery, or unless the is waste is excluded via the use in a manner constituting disposal standards in Section 266.20(b). The minimum fuel value is determined on an as-generated, not as-fired basis. Blending to augment the as-generated heating value cannot be used to pass threshold. The heating value can be increased through legitimate treatment.
 
05/27/1994IMPLEMENTATION STRATEGY OF U.S. SUPREME COURT DECISION CITY OF CHICAGO V. EDF FOR MUNICIPAL WASTE COMBUSTOR ASHMemo
 Description: The implementation strategy following the Supreme Court Decision states Section 3001(i) does not exempt ash from resource recovery facilities burning household and nonhazardous commercial wastes. Waste-to-energy facilities must set up programs to determine if ash is hazardous and must manage hazardous ash in an environmentally responsible manner. Discusses factors to consider in an enforcement response (SUPERSEDED: see RPC# 3/22/95-01).
 
05/26/1994CLASSIFICATION OF A MERCURY RECOVERY UNITMemo
 Description: One condition of the exclusion from the BIF rules for furnaces engaged solely in metal recovery is that the heating value of the waste cannot exceed 5000 Btu/lb, otherwise the waste is being burned for energy recovery. The requirement is inconsistent with the land disposal restrictions (LDR) mercury recovery treatment standards (SEE ALSO: RPC# 12/17/93-01).
 
05/24/1994Press Release Announcing EPA's Proposal Expanding Opportunities for Public Participation in the Permitting of All Hazardous Waste Facilities, Including Incinerators and Other Hazardous Waste BurnersPublication
 Description: Communicates EPA's proposal to expand public participation opportunities in the permitting process. Announces the release of the Draft RCRA Hazardous Waste Minimization National Plan and the Combustion Emissions Technical Resource Document (CETRED).
 
05/23/1994ENHANCED PUBLIC PARTICIPATION AND STRONGER COMBUSTION PERMITTING REQUIREMENTSMemo
 Description: Announces RCRA Expanded Public Participation and Revisions to Combustion Permitting proposed rule, including a list of its principal goals. EPA encourages Regions and states to begin implementing applicable provisions. Permit applicants are also encouraged to meet relevant provisions where feasible.
 
05/23/1994Memorandum on the Application of Enhanced Public Participation and Stronger Combustion Permitting RequirementsPublication
 Description: The document discusses the goals of EPA's proposed rule on RCRA expanded public participation and revisions to combustion permitting. EPA encourages all regions to start meeting goals of the proposed rule as soon as possible.
 
05/23/1994RCRA Policy Statement: Clarification of the Land Disposal Restrictions' Dilution Prohibition and the Combustion of Inorganic Metal-Bearing Hazardous WastePublication
 Description: Clarifies the application of the land disposal restrictions (LDR) prohibition on dilution to combustion of certain inorganic metal-bearing hazardous wastes. Provides regulatory background. Discusses the general distinction between adequate treatment and potential violations of the dilution prohibition. Includes a table listing the wastes affected by this policy.
 
05/23/1994RCRA POLICY STATEMENT: LAND DISPOSAL RESTRICTIONS' DILUTION PROHIBITION AND COMBUSTION OF INORGANIC METAL-BEARING HAZARDOUS WASTESMemo
 Description: The combustion of metal-bearing waste without a significant organic or cyanide content is impermissible dilution. Combustion is not legitimate even if subsequent treatment of the residues achieves the treatment standard. The land disposal restrictions (LDR) dilution prohibition applies to inorganics.
 
05/20/1994MINIMUM HEAT CONTENT REQUIREMENTS FOR HAZARDOUS WASTES BURNED IN BIFSMemo
 Description: Blending hazardous waste (HW) to increase the heating value is not prohibited, but if a BIF burns the HW with a heating value below 5000 Btu/lb and does not document that it was burned for legitimate energy recovery, and the product derived from the burning is placed on land is use in manner constituting disposal, and would be a HW. Such a HW-derived product could be exempted from compliance with the land disposal restrictions (LDR) and notification requirements. Discusses fuel value based on as-generated, not as-fired basis. Blending cannot be used to meet fuel value test. As-generated fuel value can be increased by legitimate treatment (e.g., decanting).
 
05/17/1994REGULATORY STATUS OF PRODUCTS (INCLUDING CLINKER AND FERTILIZER) PRODUCED IN CEMENT KILNS EQUIPPED WITH A RECOVERY SCRUBBERMemo
 Description: Since cement kiln dust (CKD) is not a hazardous waste, products (e.g., clinker and fertilizer) partially derived from processing CKD are not subject to regulation. Cement kilns that burn or process hazardous waste must meet the requirements in 266.112 for their CKD to be exempt (SEE ALSO: 60 FR 6666; 2/7/95; RPC# 6/9/94-02).
 
05/15/1994Combustion Emissions Technical Resource Document (CETRED); DraftPublication
 Description: This document provides EPA's preliminary technical analysis of best operating practices for existing hazardous waste burners. The document identifies maximum achievable emission control levels, based on currently available technology for controlling dioxin and particulate matter (PM) emissions. This analysis represents the first step in the development of regulations under RCRA and the Clean Air Act to impose upgraded standards on hazardous waste combustion units. Appendices include air pollution control techniques; detailed summary of current PM data set for cement kilns, aggregate kilns, commercial hazardous waste incinerators, onsite hazardous waste incinerators, hazardous waste burning boilers; detailed summary of current total dioxin data set for cement kilns, commercial hazardous waste incinerators, onsite hazardous waste facilities, and onsite hazardous waste incinerators; and summary of pooled PM data.
 
05/15/1994Draft Hazardous Waste Minimization and Combustion Strategy: Announcement and Review of Past ActivitiesPublication
 Description: Announces EPA's proposal to expand public participation opportunities in the permitting process and the release of the Draft RCRA Hazardous Waste Minimization National Plan and the Combustion Emissions Technical Resource Document (CETRED). Includes goals and EPA activities aimed at achieving the goals for the major project areas of the draft hazardous waste minimization and combustion strategy.
 
05/15/1994Environmental Fact Sheet: More Public Participation in RCRA and Revised Combustion Permitting Procedures ProposedPublication
 Description: This fact sheet discusses the proposal to expand public participation opportunities as part of the implementation of the Draft Waste Minimization and Combustion Strategy. The strategy recommends expansion of opportunities for timely and effective public involvement in the permitting process for all types of RCRA facilities; improves the regulations pertaining to permit modifications, clarifying combustion modification classifications; and aligns certain interim status requirements for combustion facilities with the more stringent permit standards for new permitted facilities, particularly with regard to trial burns.
 
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.
 
05/05/1994REVISED 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.
 
05/01/1994Draft RCRA Hazardous Waste Minimization National PlanPublication
 Description: Outlines EPA's plan for reducing the amount and toxicity of hazardous waste generated nationally, placing an initial focus on metal-bearing and halogenated combustible wastes. Sets forth the Agency's goals regarding waste minimization. Discusses specific mechanisms under consideration for achieving the goal of pollution prevention.
 
05/01/1994ENERGY RECOVERY ON-SITE CONSTITUTES REUSE FOR THE GENERATOR PROCESSING EXEMPTIONQuestion & Answer
 Description: Used oil (UO) generators who burn off-specification UO on-site may filter, clean, or otherwise recondition the UO without meeting the processor requirements.
 
04/15/1994REGULATORY STATUS OF NATURAL GAS PIPELINE CONDENSATEMemo
 Description: Although ignitable off-specification fuels, such as natural gas condensate, are usually not solid wastes when burned for energy recovery, sale or use of low energy value condensate as motor fuel or a fuel additive may constitute sham burning for energy recovery. The use of unadulterated natural gas pipeline condensate with a high Btu/lb value can constitute legitimate burning for energy recovery. Factors besides the energy value apply to a sham recycling determination.
 
04/04/1994RESPONSE TO THE PETITION FOR ADMINISTRATIVE ACTION TO CEASE HAZARDOUS WASTE BURNING AND NOTICE OF CITIZEN SUITSMemo
 Description: Interim status is a statutory right when a facility meets all applicable standards. EPA cannot order BIFs that properly qualified for interim status to stop operating. To qualify for interim status, a facility must be in existence on the effective date of the applicable rule.
 
03/22/1994CLARIFICATION OF RECYCLED USED OIL MANAGEMENT STANDARDS AS THEY APPLY TO WASTEWATER TREATMENT ACTIVITIESMemo
 Description: Wastewater that contains used oil meets the definition of used oil and is subject to Part 279. Used oil-containing residues and sludges from wastewater treatment units (WWTUs) are subject to Part 279. On-site separation of used oil and water to meet CWA requirements does not constitute used oil processing, provided that the recovered used oil is not sent to an off-site used oil burner.
 
03/16/1994EXPEDITED ADMINISTRATIVE REVIEW OF APPEALS OF RCRA PERMIT DENIALS FILED BY INTERIM STATUS COMBUSTION FACILITIESMemo
 Description: Interim status facilities may operate after the denial of a permit while appealing to the Environmental Appeals Board (EAB). Pursuant to the Combustion Strategy, the EPA Administrator has directed the EAB to take final action within 90 days on appeals of interim status combustion facility permit denials.
 
03/01/1994CLARIFICATION OF LAND DISPOSAL RESTRICTIONS (LDR) REQUIREMENTSMemo
 Description: If a waste is ignitable (D001, high total organic carbon (TOC)) and exhibits the toxicity characteristic for lead (D008), then blending and combustion as a hazardous waste fuel is not impermissible dilution, since the treatment standard for high TOC D001 requires burning. Fuel substitution alone is not sufficient. Ash from burning such metal-bearing wastes must meet the treatment standards for metals. A waste must meet treatment standards for all applicable waste codes before land disposal (SEE ALSO: 268.9(b)). The F001-F005 treatment standards apply only to the constituents used for solvent properties and which triggered the listing. Solvent constituents picked up through use are not subject to the F001-F005 treatment standards. The F005 treatment standard addresses the characteristic of ignitability and so operates in lieu of D001 treatment standard (USE WITH CAUTION: see RPC# 9/28/94 -04). The alternative debris treatment standards may be used even if the debris is contaminated with a waste code whose treatment standard is a specified technology.
 
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.
 
02/08/1994CLARIFICATION OF USED OIL REGULATIONS PERTAINING TO USED OIL BEING RECYCLED AND USED OIL BEING BURNED IN AN INDUSTRIAL BOILERMemo
 Description: Characteristic used oil is subject to Part 279 if it is recycled, and is subject to RCRA Subtitle C when it is sent off-site for disposal if it cannot be recycled. There is no need to test for specification if used oil is burned in 279.61 units. A marketer includes anyone selling used oil to a customer burning it for energy recovery.
 
01/28/1994REGULATORY STATUS OF TREATMENT ASSOCIATED WITH FUEL-BLENDING ACTIVITIESMemo
 Description: The definition of treatment has been upheld in court. Adding materials (e.g., sodium hydroxide) to a waste during fuel blending meets the definition of treatment. Physical manipulation, commingling or consolidation of wastes, distillation to remove contaminants, and processing to remove components (e.g., to accomplish phase separation) could all meet the definition of treatment. The waste treatment codes T50 (blending), T54 (distillation), and T63 (solvent recovery) identified in Part 264 Appendix I are used to identify handling techniques, not to identify all the activities requiring a permit or constituting treatment.
 
01/12/1994REGULATORY STATUS OF AND PROPER DISPOSAL METHODS FOR HYDRAULIC FLUID FILTERS USED IN AIRCRAFTSMemo
 Description: Hydraulic fluid filters are not included in the non-terne plated used oil filter exemption. Hydraulic fluid is regulated as used oil. Hydraulic fluid filters that no longer contain used oil are still regulated as used oil when they are burned for energy recovery. Hydraulic fluid filters from which oil has been removed may be hazardous waste when they are disposed.
 
01/10/1994USE OF ON-SPECIFICATION USED OIL FUEL AS A SUBSTITUTE FOR #2 FUEL OIL IN MANUFACTURING ANFO BLASTING AGENTSMemo
 Description: On-specification used oil fuel is the equivalent of virgin fuel oil for regulatory purposes. The substitution of specification used oil fuel for #2 fuel oil in ANFO (an explosive based on ammonium nitrate and fuel oil) production is a legitimate recycling activity.
 
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.
 
12/13/1993RESPONSE TO REQUEST FOR PERMIT MODIFICATION TO ACCEPT NEWLY-LISTED WASTESMemo
 Description: EPA did not identify in Part 261, Appendix VII, all hazardous constituents that are expected to be present in listed wastes. Explains the criteria that is used to determine which constituents should be included in Appendix VII. The treatment standards for nonwastewater forms of newly listed coke by-product wastes are based on incineration.
 
12/06/1993DEFINITION OF INDUSTRIAL FURNACE AS IT APPLIES TO SMELTING, MELTING, AND REFINING FURNACES HANDLING SECONDARY MATERIALSMemo
 Description: Smelting, melting, and refining furnaces processing waste solely for metals recovery is exempt from the BIF permitting and emission standards. Legitimacy of operation is a case-by-case determination (SEE ALSO: 56 FR 7143; February 21, 1991 and 53 FR 522; January 8, 1988).
 
11/29/1993REGULATORY INTERPRETATION OF A MOBILE MERCURY RETORTING PROCESS FOR MERCURY CONTAMINATED SOILS FROM NATURAL GAS PIPELINE METERSMemo
 Description: Mercury roasting and retorting are two methods of reclamation. Discussion of what roasting and retorting furnaces accomplish. Reclamation is a type of recycling. Recycling is generally not subject to regulation, unless recycling is taking place in a BIF. Roasting and retorting meet the definition of industrial furnace (BIF) since they are smelting, melting, or refining furnaces. Retorting solely for metal recovery is conditionally exempt from BIF rules (SEE ALSO: 64 FR 52827; September 30, 1999). Discussion of the elements of the exemption.
 
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.
 
11/10/1993APPLICABILITY OF RCRA TO HAZARDOUS WASTE FUELSMemo
 Description: Addresses the classification of toluene and hexane steam fuel additive as a by-product versus a co-product (SEE ALSO: RPC# 11/4/93-01). Discusses the regulatory status of clean fuels (SEE ALSO: 61 FR 17358; April 19, 1996).
 
11/10/1993APPLICABILITY OF RCRA TO HAZARDOUS WASTE FUELSMemo
 Description: Light hydrocarbon wastestreams generated in the production of a primary product that are used as fuel enhancers may be either by-products or co-products, depending on site-specific factors (SEE ALSO: RPC# 11/4/93-01).
 
11/10/1993APPLICABILITY OF RCRA TO HAZARDOUS WASTE FUELSMemo
 Description: Discusses the regulatory status of quench hexane used as a commercial gasoline blending additive, and the regulation of fuels containing recovered light hydrocarbons as products versus wastes (by-product versus co-product) (SEE ALSO: RPC# 11/4/93-01).
 
11/04/1993REGULATORY STATUS OF HAZARDOUS WASTE FUELS CONTAINING RECOVERED LIGHT HYDROCARBONMemo
 Description: Light hydrocarbon wastestreams generated in the production of a primary product may be either by-products or co-products, depending on site-specific factors. By-products burned for energy recovery are solid wastes, while co-products are not. Discusses the factors that are relevant in determining whether a material is a product or a waste. Discusses clean fuels.
 
11/02/1993REGULATORY STATUS OF CEMENT PRODUCED USING HAZARDOUS WASTE FUELSMemo
 Description: EPA does not currently regulate cement produced with clinker from kilns burning hazardous waste fuels. Such cement is not derived-from hazardous waste based on the understanding that fuel residues do not end up in the cement product.
 
11/01/1993RECYCLED USED OIL PROCESSING STANDARDS AS THEY APPLY TO ON-SITE RECYCLING OF USED OIL RECOVERED FROM A WASTEWATER TREATMENT SYSTEMMemo
 Description: Oil/water separation and recycling metal-working oil on-site are not processing if the recovered oil is not burned for energy recovery. Activities that are ancillary to the normal manufacturing process are not considered processing. USTs containing used oil are subject to Parts 279 and 280.
 
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.
 
10/15/1993Environmental Fact Sheet: EPA Seeks Public Involvement in Implementing Draft Strategy on Hazardous Waste Minimization and CombustionPublication
 Description: Provides information on a series of public outreach events and actions associated with the implementation of the Draft Strategy on Hazardous Waste Minimization and Combustion, released by EPA Administrator Carol Browner on May 18, 1993.
 
10/13/1993CLARIFICATION OF THE RECYCLED USED OIL MANAGEMENT STANDARDS AS THEY PERTAIN TO IGNITABLE USED OILMemo
 Description: Used oil consolidated from different sources is regulated under Part 279. Used oil that is hazardous solely because it exhibits a characteristic is subject to Part 279. Used oil that cannot be recycled is subject to RCRA Subtitle C if the used oil is hazardous waste. Used oil must meet the criteria in 279.11 to be burned as on-specification fuel.
 
09/24/1993EPA Lists Public Involvement Opportunities on Administrator's Combustion Strategy (Press Advisory)Publication
 Description: Announces series of meetings and notices that provide opportunities for public comments on the Draft Strategy on Hazardous Waste Minimization and Combustion released by EPA Administrator Carol Browner on May 18, 1993.
 
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.
 
09/15/1993CLARIFICATION OF RCRA REGULATORY APPLICATION TO SOILS CONTAMINATED BY CEMENT KILN DUSTMemo
 Description: Secion 266.112 does not apply retroactively to soil contaminated by cement kiln dust, which is exempt under the Bevill exclusion for fossil fuel combustion wastes, when the soil is removed during corrective action. Discusses the distinction between applying listings retroactively and determining applicability of Bevill exclusion.
 
09/14/1993REGULATORY INTERPRETATION OF AUTOMATIC WASTE FEED CUTOFFS IN BOILERS AND INDUSTRIAL FURNACESMemo
 Description: Automatic waste feed cutoffs (AWFCOs) in BIFs must be triggered if certain parameters are exceeded. If a waste cannot enter a BIF or remain in the combustion chamber after AWFCO, the BIF is not required to maintain minimum combustion temperature after AWFCO.
 
08/15/1993Draft Strategy on Combustion and Waste Minimization: Project PlansPublication
 Description: Presents an overview of EPA's project plans for implementing the Draft Strategy for Combustion of Hazardous Waste, released on May 18, 1993. Discusses outreach, interim final guidance on waste minimization program, targeting specific waste streams where waste minimization will provide the greatest environmental benefit, and finalizing the waste minimization and waste combustion strategy. Examines reviewing and evaluating current regulations for incinerators, boilers, and industrial furnaces; upgrading those regulations; ongoing activities to implement the BIF rule; and evaluation of alternative treatment technologies.
 
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.
 
07/28/1993TRIPLE-RINSING REQUIREMENT APPLICABLE TO CONTAINERS HOLDING RESIDUES FROM THE INCINERATION OF ACUTE HAZARDOUS WASTESMemo
 Description: Incinerator ash and other residues from the treatment of P-listed acutely hazardous waste remain P-listed and acutely hazardous. Containers holding such residues must be rendered empty by triple rinsing. No formal EPA approval is necessary in order to use an alternative and equivalent method as a substitute for triple rinsing.
 
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.
 
06/30/1993MINING WASTES FROM SEARLES LAKE OPERATIONSMemo
 Description: Oil from a machine maintenance operation is not uniquely associated with mining or mineral processing operations and is not exempt under the Section 261.4(b)(7) Bevill exemption for mining and mineral processing wastes (SEE ALSO: 63 FR 28556; May 26, 1998). Waste oil from the extractant, or crude, treatment process is not exempt. Boiler ash is an exempt Bevill fossil fuel combustion waste.
 
06/02/1993REGULATORY STATUS OF DISULFIDE OIL WHICH IS BURNED IN A SULFURIC ACID FURNACEMemo
 Description: Discusses by-product versus co-product. Material that must be further processed is considered a by-product. Disulfide oil (by-product) that is recycled as feedstock in sulfuric acid manufacturing is unique in that it provides both material value (sulfur content) and fuel value. Based on all factors, EPA has determined that disulfide oil recycled in this manner is not a solid waste.
 
06/02/1993REGULATORY STATUS OF HAFS AND THE VCR PROCESS UNIT LOCATED AT BORDEN'S GEISMAR, LA FACILITYMemo
 Description: A Valorization of Chlorinated Residuals unit is a halogen acid furnace (HAF) and thus is an industrial furnace that is subject to the BIF rules. EPA designates all hazardous material fed to HAFs as inherently waste-like, since HAFs necessarily destroy toxic constituents in addition to recovering materials or energy.
 
05/18/1993EPA Administrator Browner Announces New Hazardous Waste Reduction and Combustion StrategyPublication
 Description: Documents Administrator Carol M. Browner's new hazardous waste reduction and combustion strategy in a press release format. The strategy prioritizes waste reduction and sets reduction guidelines for hazardous waste producers. Provides quotes from Browner's announcement.
 
05/15/1993Draft Strategy for Combustion of Hazardous WastePublication
 Description: This document presents a national strategy on hazardous waste combustion that stresses the importance of waste reduction, outlines goals of improved public participation and safety controls, and lays out a series of long- and short-term actions for public discussion.
 
04/30/1993CLARIFICATION OF STATE AND FEDERAL APPLICABILITY OF THE BIF RULE TO LIME KILNS BURNING HAZARDOUS WASTEMemo
 Description: Recycling is normally considered a form of hazardous waste treatment that is exempt from regulation. The Part 266, Subpart H rules apply to all BIFs that burn or process hazardous waste, regardless of the purpose of burning (SEE ALSO: 266.100(b), (c), (d)).
 
04/29/1993REGULATORY STATUS OF COMBUSTION RESIDUALS GENERATED FROM CO-BURNING OF ""SPECIFICATION"" USED OIL FUEL AND VIRGIN FUEL OILMemo
 Description: The co-burning of specification used oil fuel and virgin fuel oil does not affect the 261.4(b)(4) Bevill exemption since the amount of oil burned is minimal.
 
04/26/1993STRATEGY FOR VOLUNTARY REMEDIATION OF HISTORIC MANUFACTURED GAS PLANT (MGP) SITESMemo
 Description: Manufactured gas plant (MGP) wastes are not listed but they may exhibit a characteristic. MGP wastes are newly identified and are not subject to land disposal restrictions (LDR) treatment requirements or the dilution prohibition. MGP wastes may be decharacterized in generator's 262.34 accumulation units without a permit and sent off-site for burning in utility boilers as nonhazardous waste (SEE ALSO: 63 FR 28556; 5/26/98).
 
03/05/1993RECYCLING PETROLEUM REFINERY OILY WASTES; REGULATORY STATUS OF SEPARATION AND RECOVERY SYSTEMS SAREX PROCESS FOR RECYCLING PETROLEUM REFINERY OILY WASTESMemo
 Description: Effluent from a petroleum recovery process that accepts hazardous waste K048-K051 returned to a wastewater treatment system is not derived from listed waste if it is chemically equivalent to non-listed influent (SEE ALSO: RPC# 8/23/85-01). The closed-loop exemption does not apply to oil being returned to a refinery where it will be used as a fuel. The closed-loop exemption does not apply to reclaimed material that will be used to produce a fuel or produce a product that will be applied to the land.
 
12/30/1992APPLICATION OF THE BIF RULE TO HERITAGE ENVIRONMENTAL SERVICES, INC., LEMONT, ILLINOISMemo
 Description: Unused propellant mixture (butane and propane) from aerosol cans is not a solid waste when it is burned for energy recovery because butane and propane are normally used as fuels. Material remaining in a partially used can is off-specification product that is being burned for its intended use. The burning of the mixture is not subject to the BIF regulations under Part 266, Subpart H.
 
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.
 
12/04/1992DETERMINATION OF EQUIVALENT TREATMENT FOR METAL RECOVERYMemo
 Description: Incineration followed by treatment of the ash is generally required for waste codes for which metals recovery is the specified technology.
 
11/27/1992CLARIFICATION OF STATUS OF TREATMENT ASSOCIATED WITH FUEL BLENDING ACTIVITIESMemo
 Description: Treatment associated with hazardous waste fuel blending is subject to regulation. EPA explicitly interpreted the now deleted Section 266.34, to require tank standards to apply to fuel blending tanks. Non-storage activities at fuel blending facilities (e.g., microwave units and distillation columns) may require a treatment permit. All storage of all hazardous waste fuels subject to regulation.
 
11/25/1992REGULATORY STATUS OF RECOVERED PETROLEUM PRODUCTMemo
 Description: Recovered free product that is to be discarded instead of used in its normal manner is a solid waste (SW). Listed wastes and commercial chemical products (CCPs) that are reclaimed are not SW except when they are used as fuels (unless they are themselves fuels) (SEE ALSO: current 261.38). Free product (e.g., gasoline) that is normally used as a fuel and is recovered from the groundwater table after a spill is not a SW when it is reclaimed to make a fuel. Discusses the requirement to document the claim that the material is exempt from SW definition.
 
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.
 
10/21/1992SITE PREPARATION WORK PERFORMED PRIOR TO ISSUANCE OF PERMITMemo
 Description: Construction of an incinerator in an authorized state is subject to state regulation. A facility located in a state authorized for the base program but not some portions of HSWA will receive a permit issued jointly by State and EPA (joint permit). Incinerator preconstruction at an existing interim status facility may proceed only if provisions in Section 270.72(a)(3) are met and if changes do not amount to reconstruction under changes during interim status.
 
10/15/1992REGULATORY INTERPRETATION OF LOSS OF INTERIM STATUS PROVISIONS AS IT APPLIES TO OB/OD FACILITIESMemo
 Description: Discusses the applicability of the November 8,1992 loss of interim status date for open burning/open detonation facilities that were in existence on November 8, 1984. Facilities that submitted a Part B applications by November 8, 1988 retain their interim status after November 8, 1992. Facilities that did not submit a part B by November 8, 1988 lose their interim status after November 8, 1992 unless the permit decision is made by that date.
 
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.
 
09/18/1992EXEMPTION FOR MUNICIPAL WASTE COMBUSTION ASH FROM HAZARDOUS WASTE REGULATIONMemo
 Description: Municipal waste combustion ash is exempt household hazardous waste pursuant to RCRA 3001(i) (SEE ALSO: RPC# 10/1/94-02; 59 FR 29372; 6/7/94; 60 FR 6666; 2/3/95 and RPC# 3/22/95-01).
 
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.
 
08/11/1992COMBINED OPERATION OF THE RESOURCE RECOVERY KILNS AND CEMENT KILNS AT GIANT CEMENT COMPANY, HARLEYVILLE, SCMemo
 Description: Generally, when listed hazardous waste is burned in a cement kiln for a purpose other than just energy recovery and the resulting product is placed on the land, the cement product is a solid and hazardous waste subject to 266.20. However, cement produced from burning off-gases in a cement kiln is not a waste-derived product. Cement produced from treated soil that no longer contains hazardous waste is not a waste-derived product. For the purposes of 266.20(b), EPA may test clinker, rather than product (i.e., cement). 268.7(b)(5), (b)(7) paperwork applies to each shipment of waste-derived product sent to a receiving facility. Discusses the guidelines for determining the regulatory status of two or more hazardous waste treatment units in a series. A cement kiln and resource recovery kiln operating in series are regulated as BIFs. Off-gases from resource recovery kilns are regulated under RCRA Subtitle C if they originate from hazardous waste treatment (SEE ALSO: RPC# 7/29/94-01).
 
08/01/1992TREATMENT IN A GENERATOR’S 90-DAY CONTAINMENT BUILDINGQuestion & Answer
 Description: A generator accumulating hazardous waste in a containment building can treat waste without obtaining permit or interim status, unless conducting thermal treatment. If treating to meet Part 268 treatment standards, a generator must comply with Section 268.7(a)(4) for waste analysis plan requirements.
 
07/09/1992REGULATORY STATUS OF COAL TAR DISTILLATESMemo
 Description: Coal tar distillate marketed for fuel use is a co-product.
 
07/01/1992REMEDIATION OF CONTAMINATED SOILS AT HISTORIC MANUFACTURED GAS PLANT (MGP) SITESMemo
 Description: Generators may treat contaminated soils from manufactured gas plant (MGP) site remediation to remove characteristics in generator accumulation units without a permit. Decharacterized hazardous waste may then be sent off-site for burning as nonhazardous waste (SEE ALSO: 63 FR 28574; 5/26/98).
 
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.
 
01/01/1992REGULATORY STATUS OF WASTE FROM OIL GATHERING PIPELINESQuestion & Answer
 Description: Waste generated in a gathering pipeline during transportation qualifies for the fossil fuel exploration, development, and production exclusion only if the custody of the oil has not yet changed hands.
 
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.
 
11/04/1991REGION V FUEL-BLENDING FACILITIES CONCERNSMemo
 Description: An unit used to blend or treat hazardous waste to produce a fuel is subject to permitting. BIFs can burn low-Btu waste after conducting emission testing and certifying compliance. Unit processes used to raise Btu value of a hazardous waste (e.g., phase separation, centrifugation) require a permit.
 
10/01/1991APPLICATION OF THE SHAM RECYCLING POLICY TO CERTIFIED BOILERS AND INDUSTRIAL FURNACESQuestion & Answer
 Description: Certified BIFs are not required to prove that the wastes burned have heating value of 5,000 Btu/lb or more. Certification of compliance with air emission standards satisfies the protection of human health and environment requirements.
 
09/30/1991QUANTUM TECH PLASMA ARC UNIT - REGULATORY CLASSIFICATIONMemo
 Description: Plasma arc and infrared units without afterburners are not included in the definition of incinerator and should be regulated as miscellaneous units (SEE ALSO: 57 FR 38558; August 25, 1992).
 
09/27/1991CALIFORNIA LIST PROHIBITIONS APPLICABILITY AFTER THIRD THIRD RULEMemo
 Description: Liquid and nonliquid PCBs must be incinerated. Waste subject to the land disposal restrictions (LDR) national capacity variance must meet California list standard before disposal (SUPERSEDED: California list removed, see 62 FR 25997; May 12, 1997). The halogenated organic compound (HOC) standards apply only to characteristic wastes, listed wastes are not subject because they have their own treatment standard or are newly-listed.
 
09/23/1991BIF REGULATIONS EFFECTS ON INDUSTRIAL BOILERMemo
 Description: The BIF regulations exempt units burning low hazard waste from many of the emission standards but not from permitting.
 
08/19/1991INTERIM STATUS UNDER THE BIF RULEMemo
 Description: Provides a clarification of the interim status qualification criteria for BIFs due to the BIF rule. A facility with a history of handling hazardous waste (HW) before the effective date of the BIF rule (8/21/91) are clearly eligible for interim status. When waste is not yet handled by the effective date, it is a complicated determination dependent upon the criteria in 3005(e). The criteria include the definition of in existence, in operation, under construction, substantial loss due to contractual obligation, and reasonable time to complete construction. State and local approvals of permits are necessary to begin physical construction. Addresses state moratoriums on facilities obtaining interim status. Discusses 3010 ID number requirements for BIFs and pre-compliance certification.
 
08/07/1991BIF RULE APPLIED TO NEWLY REGULATED UNITS AT INTERIM STATUS FACILITIESMemo
 Description: To obtain interim status as a newly regulated unit, a BIF must meet definition of an existing facility. Physical construction may commence after August 21, 1991 if the owner has entered into a contractual obligations for physical construction, and has obtained the necessary permits under changes during interim status.
 
08/05/1991REGULATORY STATUS OF RESIDUES FROM SECONDARY LEAD SMELTERS THAT RECYCLE K069 WASTES; RESIDUES FROM SECONDARY LEAD SMELTERS THAT RECYCLE K069 WASTESMemo
 Description: EPA did not intend for slags and drosses from secondary lead smelting where K069 is used as a feedstock to be listed K069 via the derived-from rule. Such smelting residues may be hazardous waste if they are characteristic. Discusses the indigenous principle for recycled furnace wastes.
 
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).
 
06/21/1991BAGHOUSE DUSTS USED AS, OR TO PRODUCE, AGGREGATEMemo
 Description: Baghouse dust used as a product or reclaimed as an ingredient in a product (e.g., aggregate) placed on the land is a solid waste and is not exempt per 261.2(e). Products reclaimed from K061 that are not placed on the land are no longer wastes. Discusses the indigenous principle (SUPERSEDED: see 266.100) and the elements of legitimate recycling. If it is not legitimate recycling, the kiln is hazardous waste treatment unit.
 
06/14/1991REGULATORY STATUS OF PETROLEUM-WATER MIXTURESMemo
 Description: A mixture of a petroleum fuel product and water is an off-specification CCP and not a solid waste when destined for reclamation. If the mixture is a result of intentional mixing or purposeful nonseparation of product and hazardous wastewater to avoid regulation, the mixture may be solid waste.
 
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.
 
06/05/1991TWO 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.
 
05/01/1991REGULATION OF MUNICIPAL WASTE COMBUSTION (MWC) ASHQuestion & Answer
 Description: The Clean Air Act Amendments of 1990 established a two-year exemption for characteristic combustion ash from municipal waste incinerators. The two-year moratorium covered fly and/or bottom ash from both energy recovery and municipal incinerators (SUPERSEDED: October 1, 1994, MRQ, “Status of Municipal Waste Combustion (MWC) Ash”; 59 FR 29372; June 7, 1994; 60 FR 6666; February 3, 1995, and RPC# 3/22/95-01).
 
04/23/1991BURNING COMPRESSOR OIL WITH AMMONIA IN SPACE HEATERSMemo
 Description: Used compressor oil containing ammonia can be burned in a space heater provided the three conditions of 266.41 are met (SUPERSEDED: See 279.23).
 
04/23/1991BURNING USED OIL GENERATED BY PRIVATE BOAT OWNERS ON-SITEMemo
 Description: Off-specification used oil generated by a private boat owners can be burned in a space heater provided the three conditions of Section 266.41 are met (SUPERSEDED: see Section 279.23).
 
03/29/1991SHAM INCINERATION AND TREATMENT OF K048-K052 WASTES IN CEMENT KILNS AND INDUSTRIAL FURNACESMemo
 Description: Oil cannot be added to a K048-K052 treatment cake to increase fuel value above sham recycling threshold unless the oil is originally part of waste (SUPERSEDED: see RPC# 11/8/94-01; Section 266.100). All wastes derived from listed wastes are subject to land disposal requirements (LDR) except for certain Bevill residues.
 
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.
 
02/04/1991BURNING HAZARDOUS WASTE IN BOILERS AND INDUSTRIAL FURNACES (BIFS)Memo
 Description: The standards for BIFs are essentially equivalent to the proposed amendments for incinerators. The BIF regulations include performance standards for destruction and removal efficiency (DRE) of organics, hydrogen chloride, particulates, products of incomplete combustion (PIC), metals, and free chlorine. Existing BIFs must meet substantive standards to keep interim status pending permit. BIFs are subject to full permitting. Residues in general are subject to full regulations, some residues are exempt under RCRA Section 3001(b)(3)(A) (SEE ALSO Section 266.112).
 
01/08/1991REGULATION OF OILY HAZARDOUS PETROLEUM REFINERY WASTEMemo
 Description: Fuel produced (and oil reclaimed and used as fuel) from petroleum refining, production, and transportation by processes other than normal refining operations, is eligible for the 261.6(a)(3) exemptions (SEE ALSO: 261.4(a)(12)). Provides a clarification of the petroleum refining process. Certain fuels produced from petroleum refinery wastes that are otherwise exempt under 261.6(a)(3) are hazardous waste and must be burned in BIFs or incinerators if they do not meet the used oil fuel specifications of 266.40(e) (SUPERSEDED: See 279.11).
 
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.
 
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).
 
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).
 
08/08/1990LAB 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.
 
08/01/1990DEFINITION OF A USED OIL MARKETERQuestion & Answer
 Description: A used oil (UO) generator who markets UO to a blender who blends it at one site and burns it at another is not a marketer. A blender who sends UO off-site to a burner is a marketer, even if the blender and the burner are owned by the same company (SUPERSEDED: See Section 279.1).
 
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.
 
06/25/1990F024 REVISED TREATMENT STANDARDSMemo
 Description: The Third Third revised the F024 treatment standard from a concentration standard to incineration. Pending effective date for new standard or correction notice establishing an immediate effective date, the Second Third treatment standard remains in effect.
 
06/13/1990USED OIL AND IDENTIFICATION OF LISTED HAZARDOUS WASTEMemo
 Description: F001-F005 "before use" is before use at the facility, not when purchased. If pure solvent was purchased, diluted below 10% concentration, and used as solvent, the waste is not F001-F005. Solvent before use has any amount F003 and 10% total F001, F002, F004, or F005, waste F003 and other applicable F001-F005 listings. The K list applies only to wastes from industrial sources in the listing description. In general, the primary SIC code for a facility does not dictate if the facility is within the K-list category. A commercially pure /technical grade undefined for the P- and U-lists. It can include purity grades marketed or in general use by industry. Part 266, Subpart E (SUPERSEDED: see Part 279) applied to used oil (UO) not mixed with listed hazardous waste burned for energy recovery. Characteristic UO recycled in manner other than burning for energy recovery is not subject to RCRA (SUPERSEDED: see Part 279).
 
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).
 
04/09/1990COAL ASH AS A SOLID WASTEMemo
 Description: EPA supports the beneficial use of coal ash (exempt under Section 261.4(b)(4) Bevill exemption for fossil fuel combustion wastes) through Federal procurement guidelines and the use of fly ash as a stabilizing medium in setting land disposal restrictions (LDR) treatment standards. RCRA defines coal ash as a solid waste. States may regulate coal ash more stringently.
 
04/06/1990RETORTED OIL SHALE AND COAL FLY ASHMemo
 Description: Discusses the determination that coal combustion waste streams generally do not exhibit hazardous characteristics. No federal regulations specific to oil shale, but EPA is in the process of developing Subtitle D guidance known as Strawman.
 
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.
 
03/29/1990MUNICIPAL WASTE COMBUSTION ASHMemo
 Description: Municipal combustion ash exhibiting a characteristic of hazardous waste would be subject to Subtitle C regulation. Ash generated by energy recovery facilities are not specifically exempt from Subtitle C regulation (SEE ALSO: 3/22/95-01; 59 FR 29372; June 7, 1994, 60 FR 6666; February 3, 1995 and 10/1/94-02).
 
03/15/1990Characterization of Municipal Waste Combustion Ash, Ash Extracts, and Leachates; Executive SummaryPublication
 Description: This document summarizes the Characterization of Municipal Waste Combustion Ash, Ash Extracts, and Leachates (EPA530-SW-90-029A) study.
 
03/15/1990Environmental Fact Sheet: Report Analyzes Municipal Waste Combustion Ash, Ash Extracts, and LeachatesPublication
 Description: This fact sheet announces EPA's report which characterizes municipal waste combustion ash, laboratory extracts of the ash, and leachates from ash disposal facilities.
 
03/15/1990Environmental Fact Sheet: Tighter Controls Proposed for Hazardous Waste IncineratorsPublication
 Description: This fact sheet discusses EPA's proposal to amend the regulations governing incinerators that burn hazardous waste. The proposed regulations are designed to reduce and control toxic pollutants such as metals and organic emissions and to ensure uniform regulations of all devices burning hazardous waste. The rule also broadens definition of industrial furnace to include nonflame combustion devices, and clarifies or revises the regulatory status of carbon regeneration units, sludge dryers, and plasma arc and infrared incinerators.
 
03/07/1990WASTE CODES AND TREATMENT RESIDUESMemo
 Description: All residues (scrubber water) from burning listed hazardous waste carry a listing code via the derived-from rule (SEE ALSO: 66 FR 27266; 5/16/01). Land disposal restrictions (LDR) standards for derived-from waste are based on the original treatment standard. Where multiple treatment standards apply, the most stringent standard must be met for common constituents of concern.
 
03/01/1990BULKING OR CONTAINERIZING COMPATIBLE HAZARDOUS WASTES FOR TRANSPORTATIONMemo
 Description: Bulking or consolidating hazardous waste (HW) shipments for transport may not be treatment. Mixing different HW for fuel is blending subject to permit. The state or Region decides if it is treatment. Fuel blending is not defined. Discussion of blending versus bulking. Non-generator blending tanks need a permit. Blenders must ensure significant heating value (SUPERSEDED: See RPC# 11/8/94-01).
 
03/01/1990ON-SITE INCINERATION OF MEDICAL WASTE GENERATED OFF-SITE BY GENERATORS OF LESS THAN 50 POUNDS PER MONTHQuestion & Answer
 Description: Hospitals incinerating medical waste from off-site generators of less than 50 pounds of medical waste per month need to comply with Part 259, Subpart G, but are not subject to Part 259, Subpart I (SUPERSEDED: see 60 FR 33912; June 29, 1995).
 
03/01/1990TREATMENT STANDARDS FOR METHANOL WHICH DOES NOT MEET THE F003 LISTINGQuestion & Answer
 Description: A generator need not include the methanol treatment standard in the land disposal restrictions (LDR) notification for F003 waste xylene with traces of methanol used as a fuel. The use of a solvent as a reactant or ingredient is not solvent use meeting listing (SUPERSEDED: no treatment standard on notification, see new 268.7(a)(2)).
 
02/14/1990END-USERS OF CHLORDIMEFORM EXEMPTIONMemo
 Description: Chlordimeform not listed, but may be ignitable (D001). Not subject to regulation if returned to the manufacturer for resale or reclamation. If there is a valid market, continued use as product is not solid waste (SW). The burden of proof is on the party making the claim. Canceled pesticides are SW if discarded (abandoned), intended for discard, or fuel.
 
11/28/1989CALIFORNIA LIST HOC LAND BAN REGULATIONSMemo
 Description: Household hazardous waste (HHW) regulated on the state level is not subject to the Federal land disposal restrictions (LDR) program. Nonliquid waste containing one halogenated organic compound (HOC) must be incinerated unless a more specific treatment standard exists for the HOC. Nonliquid wastes with multiple HOCs must be incinerated unless a specific treatment standard has been established for at least one HOC in waste (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
10/20/1989DISPOSAL OR RECLAMATION OF RAGSMemo
 Description: Rags contaminated with volatiles and F-listed solvents through wipe down and cleaning processes may be incinerated or laundered (SUPERSEDED: see RPC# 2/14/94-01).
 
10/20/1989RAGS AND SIMILAR MATERIALS ABSORBING VOLATILES AND F-WASTES, HANDLINGMemo
 Description: Rags contaminated with volatiles and F-listed solvents through wipe down and cleaning processes may be incinerated or laundered (SUPERSEDED: see RPC# 2/14/94-01).
 
10/17/1989BURNING OF USED OILMemo
 Description: A used oil burner does not need a permit. Off-specification used oil burned in a space heaters must be from household Do-It-Yourselfers (DIYs), or be generated by an used oil burner. Off-specification used oil must be burned in space heater, industrial boiler, or industrial furnace. There are no restrictions on burning on-specification used oil.
 
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.
 
10/04/1989RECOVERY KILN AS AN INDUSTRIAL FURNACEMemo
 Description: Controlled flame combustion units that are not boilers, and are not on the list of industrial furnaces, are incinerators (SEE ALSO: 56 FR 7134; February 21, 1991). A “recovery kiln” for contaminated soils is an incinerator.
 
08/28/1989RECORDKEEPING FOR ON-SITE INCINERATORS OF MEDICAL WASTEMemo
 Description: Using the weight-averaging method to estimate the quantity of a regulated medical waste incinerated is acceptable for incinerator recordkeeping. Records should indicate incinerated quantity, by weight (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
07/31/1989OFF-SPECIFICATION JET FUELS, RECYCLING OF UNUSEDMemo
 Description: The reprocessing off-specification jet fuel to make new fuel product is reclamation rather than use or reuse as ingredient in industrial process. Off-specification jet fuel to be made into new fuel product is a CCP being reclaimed for its intended purpose and is not a solid waste.
 
07/28/1989TEL GASOLINE SLUDGE DISPOSALMemo
 Description: Leaded tank bottoms from the petroleum refining industry are listed hazardous waste (K052) subject to land disposal restrictions (LDR). Solvent extraction and incineration is best demonstrated available technology (BDAT) for gasoline sludge waste. A temporary variance may be granted.
 
07/01/1989CHANGES TO INTERIM STATUS FACILITIESQuestion & Answer
 Description: Interim status facility may build a new incinerator if the owner or operator complies with the change of interim status requirements, the change is approved by Regional Administrator (RA), and the change is not prohibited by 50% reconstruction limit. A facility must submit a revised Part A permit application under changes during interim status.
 
07/01/1989MEDICAL WASTE GENERATORSQuestion & Answer
 Description: Medical waste generator responsibilities for maintaining incineration logs and submitting reports (SUPERSEDED: no longer in effect, Part 259 removed from 40 CFR; See 60 FR 33912; June 29, 1995).
 
06/05/1989REGULATORY STATUS OF RESIDUES REMOVED FROM EMPTY CONTAINERSMemo
 Description: Residues remaining in or removed from containers that have already been rendered "empty" according to 261.7 are not regulated. Such residues from empty containers are regulated if subsequent management (i.e., incineration) causes them to exhibit a new characteristic. (SEE ALSO: RPC# 4/12/04-02)
 
05/15/1989USED OIL BURNED FOR ENERGY RECOVERY, INTERPRETATION OF SUBPART EMemo
 Description: The rebuttable presumption is not limited to the generator of used oil (UO). Any person in possession of UO containing greater than 1000 ppm total halogens must be able to rebut the presumption. If UO failing the presumption is sprayed on (mixed with) coal, then the coal/oil mixture is a hazardous waste fuel that is subject to 266 Subpart D (SUPERSEDED: See 266 Subpart H), even if it has less than 1000 ppm total halogens after mixing. The 1000 ppm limit is not a health-based characteristic, but rather is based on mixing data.
 
05/03/1989INCINERATOR RESIDUES/RECYCLING DEFINED/ACCUMULATIONMemo
 Description: Soft hammer certifications are required when waste or residues are land disposed. An incineration facility must perform an analysis of residues. A waste sent for recycling is subject to land disposal restrictions (LDR) notification. Facilities storing waste to accumulate sufficient quantities are still subject to all other regulatory requirements.
 
04/27/1989APPLICABILITY OF MEDICAL WASTE TRACKING REGULATIONS FOR INDUSTRIAL FURNACESMemo
 Description: Ash from incinerating regulated medical waste is no longer subject to Part 259. Lime and cement kilns may qualify as destination facility, treatment and destruction facility (SEE ALSO: 60 FR 33912; 6/29/95).
 
04/26/1989RECYCLING OF ELECTROPLATING SLUDGES (F006) FOR CEMENT/AGGREGATE MANUFACTUREMemo
 Description: Discussion of sham recycling. Lists criteria to be used in deciding whether processing of secondary material is legitimate recycling or regulated hazardous waste treatment and sham recycling. Cement kiln dust (CKD) generated when F006 is used as ingredient is only exempt if CKD chemical makeup is not significantly affected by the use of hazardous waste (SUPERSEDED: see 266.112). F006 destined for use as ingredient in aggregate, cement, or other products to be placed on the land is regulated as a hazardous waste from the point of generation forward until 266.20(b) is satisfied. Smelting or recovering metals from F006 is not subject to regulation (SEE ALSO: Part 266, Subpart H). Smelter slag residue from F006 metal recovery is hazardous waste via derived-from rule (SEE ALSO: 261.3(c)(2)(ii), 266.20(c), and 59 FR 67256; 12/29/94).
 
04/19/1989GENERATOR TREATMENT OF F006 ELECTROPLATING SLUDGEMemo
 Description: Stabilizing F006 compounds prior to thermal drying is hazardous waste treatment. A permit is not needed if the unit is exempt under 270.1(c)(2) or if treatment occurs in generator accumulation units in compliance with 262.34. A permit is required if thermal treatment of hazardous waste is involved.
 
03/27/1989STORAGE PERMIT FOR FACILITIES INVOLVED IN HAZARDOUS WASTE RECYCLINGMemo
 Description: Hazardous waste fuel blending tanks are subject to storage regulations (not exempt recycling units). Federal regulations do not specify an allowable holding time before off-loading a shipment of hazardous waste into the recycling process. Some States may allow up to 24 hours before a storage permit is required.
 
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.
 
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.
 
02/22/1989REGULATORY STATUS OF SOLVENT, “ULTIMA-GOLD”Memo
 Description: Unused solvent is only subject to regulation as a discarded material when abandoned (i.e., disposed or incinerated) or recycled by being burned for energy. A CCP that is abandoned is a solid waste, while a CCP being reclaimed is not a solid waste. The transportation and sale of unused solvent, Ultima-Gold, is not subject to Subtitle C because it is a product rather than a discarded material. The material safety data sheet for solvent product "Ultima-Gold" indicates potential to be corrosive (D002) and reactive (D003). The product "Ultima-Gold" does not exhibit ignitability (D001) or extraction procedure (EP) toxicity (SUPERSEDED: See 261.24). A product solvent only meets P-listing or U-listing if the chemical on the P-list or U-list serves as the product's sole active ingredient.
 
02/01/1989COKE AND COAL TAR RECYCLABLE MATERIAL REQUIREMENTSQuestion & Answer
 Description: Decanter tank tar sludge from coking operations (K087) that is blended with product creosote for use as a fuel in steel production does not meet the 261.6(a)(3)(vii) exclusion. The exclusion applies only to coke and coal tar fuels derived from K087. Includes a detailed explanation of the exclusion (SUPERSEDED: See 56 FR 7203; 2/21/91, and 261.4(a)(10)).
 
01/03/1989REGULATION OF HAZARDOUS WASTE TRANSFER OPERATIONSMemo
 Description: Blending and feed storage tanks may be useful in establishing a uniform feed rate. However, the trial burn should determine if a facility can comply with the emissions performance standards without a feed storage tank.
 
12/09/1988RCRA STORAGE FACILITY REQUIREMENTS, OFF-LOADING FROM TANK TRUCKSMemo
 Description: EPA allows time for off-loading of hazardous waste fuel into an incinerator without requiring a storage permit. The specific time frame determined by the appropriate Region or state implementing agency. The omnibus authority may be used to ensure safe off-loading.
 
12/07/1988INDUSTRIAL PLATING OPERATIONS, STATUS OF VARIOUS WASTES FROMMemo
 Description: Electroless plating is not electroplating. A facility with a recycling unit needs a permit only for hazardous waste storage prior to or after recycling unless the reclamation process involves incineration or land disposal. Partially reclaimed waste which only needs further refining before it can be beneficially used may not be a waste. Partially reclaimed material may be eligible for a variance. Discussion of the regulatory status of filter cake from treatment of plating wastes. Filter cake from thre treatment of an electroplating bath is more likely to be a spent material than a sludge (i.e., plating bath is not wastewater).
 
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).
 
11/07/1988PCB DECHLORINATION TREATMENT PROCESSMemo
 Description: A PCB dechlorination system is exempt under 261.6(a)(3)(iii) as used oil recycled in some other manner than being burned for energy recovery (SUPERSEDED: see Part 279).
 
11/01/1988“SOFT HAMMER” CERTIFICATIONS/DEMONSTRATIONSQuestion & Answer
 Description: Both generators and treaters of first third “soft hammer” wastes are responsible for meeting the 268.8 demonstration and certification requirements for the shipment of treatment residue (ash) shipped from an incinerator.
 
09/22/1988ATOMIZER MULTI-OIL FUELED HEATERS, INSPECTION AND CERTIFICATION CRITERIA FORMemo
 Description: Used oil meeting specifications can be burned in any device. Off-specification used oil can be burned in a space heater. EPA has not developed specific standards for space heaters.
 
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.
 
08/11/1988EXPLOSIVES 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.
 
08/01/1988CLARIFICATION 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.
 
07/31/1988RECYCLING UNUSED OFF-SPECIFICATION JET FUELMemo
 Description: Unused off-specification jet fuel is considered a CCP and is not a solid waste when reclaimed to produce new jet fuel, because it is normally used as fuel.
 
07/27/1988EXEMPTION FOR COMMERCIAL CHEMICAL PRODUCTS BURNED FOR ENERGY RECOVERYMemo
 Description: Reclaimed solvent used as a commercial gun wash solvent is not a solid waste. Reclaimed solvent burned as a fuel is a solid waste. Off-specification solvent products burned for energy recovery in lieu of the intended purpose could be excluded under 261.2(c)(2)(ii) if they are themselves fuels.
 
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.
 
06/06/1988SECONDARY MATERIALS REGULATION - USED SULFURIC ACIDMemo
 Description: The 261.4(a)(7) exemption only applies to sulfuric acid used in production of virgin sulfuric acid. Generators of sulfuric acid must have adequate documentation to support any exemption claims. The regulatory status of spent sulfuric acid depends on how it is recycled. Used sulfuric acid produced by sulfonation, alkylation, and dehydration reactions may be regulated as a by-product or co-product. Materials used as ingredients for product fuels or fertilizers are still solid wastes.
 
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.
 
05/03/1988CHLORDANE AND HEPTACHLOR PESTICIDE WASTEMemo
 Description: CCPs (pesticides) must be discarded or intended for discard to be P- or U-listed hazardous waste. Materials are "discarded" when abandoned, applied to the land, or used to produce a fuel. Products containing small amounts of other chemicals as manufacturing impurities still have a sole ingredient. There is no percentage cutoff for active ingredient. An active ingredient performs the function of a product. Fillers, carriers, and propellants are not active ingredients. Chlordane product (U036) that contains small amount of heptachlor (P059 if CCP) has only one active ingredient (chlordane) because heptachlor is a manufacturing impurity. Technical grade means all commercial grades of chemical. There is no exact criteria define technical grade. Product purity varies from compound to compound.
 
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.
 
03/11/1988REFRACTORY WASTES AT U.S. EPA COMBUSTION RESEARCH FACILITYMemo
 Description: Air filters, scrubber water, and ash from incinerating F020 are F020 via the derived-from rule. Wastes derived from F020 are acute hazardous wastes that are subject to special standards for dioxin wastes. Media and debris from dismantling an incinerator are F020 via the "contained-in" policy. They are F020 until they no longer contain F020.
 
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.
 
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).
 
02/01/1988USED OIL MARKETERQuestion & Answer
 Description: A used oil generator sending used oil to a sister corporation to be burned is a marketer. An exchange of funds is not necessary to be a marketer (See Also: Part 279).
 
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)).
 
01/14/1988WASTE GENERATED BY AN INCINERATOR TRIAL BURN OF SAND SPIKED WITH TRICHLOROBENZENE AND HEXACHLOROETHANEMemo
 Description: A mixture of sand and unused CCP hexachloroethane (U131) for use in an incinerator trial burn is a hazardous waste. Ash derived from burning the mixture carries U131 via the derived-from rule.
 
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.
 
01/11/1988METAL FINISHING SLUDGESMemo
 Description: Mechanical burnishing and polishing are not electroplating for F006-F009. Pickling to remove oxide scale could be cleaning or stripping associated with electroplating. Copper etching on gold-plated copper tubing is electroplating. Non-wastewater spent stripping or plating bath treatment sludge is not F006. A spent etching acid solution is not wastewater. Wastewater treatment sludge that is used solely for non-contact cooling is not F006. Spent pickling bath used to remove oxide scale from precious metals is not K062.
 
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.
 
12/15/1987ON-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).
 
12/09/1987INCINERATOR 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.
 
12/01/1987BURNING HAZARDOUS WASTE FOR ENERGY RECOVERYQuestion & Answer
 Description: An owner of a cement kiln in an area with a population greater than 500,000 does not have to comply with the incinerator standards when burning hazardous waste for energy recovery if the kiln is not located within the boundaries of an incorporated municipality (SUPERSEDED: cement kilns burning hazardous waste now regulated, See 266, Subpart H).
 
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.
 
11/25/1987INTERIM STATUS EXPANSION TO ADD AN INCINERATORMemo
 Description: A facility could add an incinerator as a change in interim status under 270.72(c), but EPA recommends including proposed incinerators in the permit process due to concerns about the addition of new incinerators without trial burns and public participation. EPA may use discretion when deciding whether or not to approve the addition of an incinerator as a change in interim status. EPA believes it is unwise to allow the operation of new incinerator without a trial burn and public participation.
 
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.
 
10/28/1987DELISTING PETITION INFORMATION REQUIREMENTS FOR RESIDUES FROM INCINERATION OF 2,4,5-T AND SILVEX PESTICIDESMemo
 Description: Outlines the requirements of a delisting petition for residues from the incineration of 2,4,5-T and silvex pesticides.
 
10/23/1987LUBRICATING OIL CONTAMINATED WITH TCDD THROUGH USE AS AN ANALYTICAL STANDARDMemo
 Description: Lubricating oil that is contaminated with dioxins from TCDD use as an analytical standard is not listed, but is hazardous if characteristic. Even if it is characteristic, the oil is subject to Part 266, Subpart E if the used oil is burned for energy recovery (SUPERSEDED: See Part 279).
 
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.
 
10/08/1987ENVIRONMENTAL HAZARDS ASSOCIATED WITH BURNING HAZARDOUS WASTE IN CEMENT KILNSMemo
 Description: Cement kiln dust (CKD) generated during the use of hazardous waste fuel contains elevated lead levels but tends not to leach enough lead to fail the extraction procedure (EP) toxicity test (SUPERSEDED: see 261.24). EPA considers cement kiln dust to be nonhazardous under the Bevill exemption and does not plan on issuing specific guidance (SEE ALSO: 60 FR 7366; 2/7/95).
 
10/02/1987EXTENSIONS TO STORAGE PROHIBITION AND LAND DISPOSAL RESTRICTIONSMemo
 Description: Discusses a request for a case-by-case extension of the effective date of land disposal restrictions (LDR) for low-level radioactive mixed waste that is to be incinerated. RCRA does not allow an extension of the effective date of the 3004(j) storage prohibition (SEE ALSO: 64 FR 63464; 11/19/99).
 
10/01/1987NATURAL GAS PIPELINE CONDENSATE AND ENERGY RECOVERYQuestion & Answer
 Description: Natural gas pipeline condensate can qualify as off-specification fuel and is thus exempt from the definition of solid waste when burned for energy recovery. Off-specification fuels are not by-products (SEE ALSO: RPC# 4/15/94-01).
 
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.
 
09/15/1987BEVILL AMENDMENT APPLIED TO COAL GASIFICATION FACILITYMemo
 Description: The Bevill exemption for fossil fuel combustion wastes applies to controlled oxygen-starved coal combustion, if at least 50% of the fuel mix is coal. Coal gasification wastes qualify for the mining waste exclusion. Residues are excluded if they are derived from the treatment of wastes generated from Bevill exempt mining and mineral processing wastes.
 
09/04/1987COAL TAR DECANTER SLUDGE WASTE PILE (TOLEDO COKE)Memo
 Description: The 261.6(a)(3)(v) exemption is only for coke and coal tar products recycled from coal tar decanter sludge (K087), not for K087 stored in a waste pile before recycling. K087 used to produce coke is not an exempt use or reuse because it is used for a fuel (SUPERSEDED: See 56 FR 7203, 2/21/91; and 57 FR 27880, 6/22/92; and 261.4(a)(10), and 261.4(a)(12)).
 
09/03/1987CEMENT KILN BURNING HAZARDOUS WASTE FUELS DURING INTERIM STATUSMemo
 Description: Provides an interpretation of the 3005(e) provisions governing interim status qualification for big city cement kilns burning hazardous waste fuels. Discusses the 3004(q)(2) requirement that certain big city cement kilns comply with incinerator standards. Clarifies “in existence,” 3010(a) notification requirements, and Part A submission.
 
08/31/1987MIXING LOW AND HIGH BTU WASTES - SHAM BURNING, BLENDING, MANIFESTINGMemo
 Description: Sham burning (less that 5000 Btu/lb heating value) determination is site-specific. Blending high and low Btu value waste may not render subsequent burning sham (SUPERSEDED: see 11/8/94-01; 266.100). A listed waste treatment residue retains the listing. EPA waste codes are not required on the manifest by EPA, but States or DOT may require them (SEE ALSO: RPC# 11/17/89-01).
 
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).
 
08/07/1987WASTES FROM ENVIRONMENTAL CHEMISTRY LABORATORYMemo
 Description: High temperature incineration is the recommended method of management for lab wastes that are not listed hazardous waste and that do not exhibit any characteristics, even though they are contaminated with dioxins.
 
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.
 
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).
 
07/17/1987DEACTIVATION (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).
 
07/02/1987INCINERATOR NOT CONSIDERED TOTALLY ENCLOSED TREATMENTMemo
 Description: Solid waste incinerators are regulated by states in accordance with general EPA guidelines in 40 CFR Part 240. Hazardous waste regulations do not govern the burning of nonhazardous waste.
 
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.
 
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.
 
06/09/1987USE/REUSE EXCLUSION TO RED WATER (K047) FROM WHICH SODIUM SULFITE IS RECOVERED AND WHICH IS USED AS A FUELMemo
 Description: A listed spent material, a sludge, and a by-product reclaimed and/or used as a fuel is a solid and hazardous waste. Recycling K047 is not an exempt use or reuse because sodium sulfite is recovered from K047 before reuse. Using K047 as a fuel is ineligible for the use or reuse exclusion.
 
05/14/1987LABORATORY CARCASSES CONTAINING TCDDMemo
 Description: Bird eggs and carcasses injected with dilute solutions of TCDD do not meet the listing descriptions for the dioxin wastes, F020-F023, F026-F028, and are not regulated under TSCA. They are infectious wastes per Part 241 and are best managed in high temperature incinerator (SEE ALSO: 60 FR 33912; 6/29/95).
 
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).
 
04/18/1987SOIL CONTAMINATED WITH USED AND UNUSED PESTICIDES; SOIL CONTAMINATED WITH PESTICIDEMemo
 Description: Soil contaminated with discarded unused 2,4,5-T contains F027. Soil contaminated with 2,4,5,-T used as pesticide does not contain a listed waste, but is hazardous if it is excavated for discard and is characteristic. Incinerators burning F-listed dioxin wastes must achieve 99.9999% destruction and removal efficiency.
 
04/17/1987USED OIL DESTINED FOR RECYCLINGMemo
 Description: The decision to not list used oil (51 FR 41900; 11/18/86) did not constitute a decision to not regulate used oil. EPA will issue used oil management standards and combustion controls (SEE ALSO: Part 279). Used oil mixed with hazardous waste or PCBs is currently regulated. Burning off-specification used oil is regulated.
 
04/15/1987INDUSTRIAL FURNACES BURNING HAZARDOUS WASTES AND THE RESIDUALS GENERATED (LOUISIANA REG)Memo
 Description: The use constituting disposal regulations do not require that wastes be chemically bound or fixed; rather, regulations require that wastes have undergone chemical reaction so as to become inseparable by physical means. The Agency has no guidance as to the level of chemical reaction that must have occurred, but the waste must be chemically transformed and be an effective substitute for a commercial material. Residues from a kiln may be transformed. The Bevill exemption for mining and mineral processing wastes applies to waste, not to kilns which are not processing ores or minerals. The definition of solid waste rule (50 FR 614; 1/4/85) was promulgated pursuant to non-HSWA authority. Non-HSWA rules are not effective in base authorized states until the state revises its program. Louisiana is not authorized for the rule (SUPERSEDED: See 54 FR 48889; 11/28/89). The hazardous waste-derived fuel rule is a HSWA provision and is effective in all states, including Louisiana (SUPERSEDED: See 266.100).
 
04/15/1987SPENT AND RECLAIMED SOLVENTS, BLENDING OF RECLAIMED XYLENEMemo
 Description: Blending recycled solvents to produce marketable solvent is not regulated. A solvent and chemical mixture from a blending error that is sold as a fuel becomes a solid and hazardous waste when it is determined that it is not suitable for solvent use. Hazardous waste fuel blending tanks are regulated.
 
04/01/1987WASTE DERIVED FROM TREATING EXEMPT OR EXCLUDED WASTESQuestion & Answer
 Description: Ash derived from burning CESQG waste is not exempt from hazardous waste regulation. Ash from burning household waste remains exempt (SUPERSEDED: See RPC#10/1/94-02). Ash from burning arsenical-treated wood is subject to regulation if it is characteristic. CESQG waste is hazardous waste, but is exempt from regulation.
 
03/26/1987DECISION NOT TO REQUIRE NOTIFICATION FROM GENERATORS WHO BURN SPECIFICATION USED OIL ON-SITEMemo
 Description: Used oil generators who also burn on-specification used oil on site do not need to notify (SEE ALSO: RPC# 1/20/87-03) (SUPERSEDED: see 279.70).
 
03/25/1987DEPARTMENT OF ARMY MUNITION DEACTIVATION POPPING FURNACEMemo
 Description: An applicant must provide a rationale to the permitting authority showing that the proposed trial burn waste represents the worst case scenario.
 
03/17/1987RESIDUES FROM U.S. NAVY SALVAGE FUEL BOILERMemo
 Description: Ash from a U.S. Navy salvage fuel boiler plant is not eligible for the household hazardous waste exclusion. The Bevill exemption for fossil fuel combustion wastes includes ash generated from combustion of coal-waste mixtures where coal makes up more than 50% of the fuel mixture (SEE ALSO: see 266.112).
 
03/10/1987RCRA “SPECIAL STUDY’ WASTE DEFINITIONS AND SITES THAT REQUIRE ADDITIONAL CONSIDERATION PRIOR TO NPL PROPOSAL UNDER THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACTMemo
 Description: Fossil fuels must be 50% of the fuel mix to qualify for the Bevill fossil fuel combustion exemption. Provides a definition of extraction, beneficiation, processing, large volume waste, cement kiln dust, bottom, fly ash, boiler slag, and flue gas desulfurization sludge. Discusses the criteria and examples for the oil, gas exploration, and development exclusion.
 
03/03/1987ASH RESIDUE GENERATED FROM INCINERATION OF K045Memo
 Description: The mixture rule exclusion applies only to mixtures of solid waste (SW) and hazardous waste listed solely for characteristic, not residues from treating wastes listed for characteristic. K045 incineration residue is K045 even if the ash is not reactive (SEE ALSO: 66 FR 27266; 5/16/01).
 
02/01/1987SMALL QUANTITY GENERATOR DETERMINATIONQuestion & Answer
 Description: A recycler who receives spent F005 solvents from off site must count both the still bottoms from solvent reclamation and the reclaimed solvent that is burned for energy recovery toward the monthly quantity determination. Reclaimed solvent used for solvent properties is not counted because it is beneficially reused.
 
01/20/1987LAND DISPOSAL RESTRICTIONS CLARIFICATIONSMemo
 Description: Discusses a national capacity variance for solvents, dioxins, soils, and media from RCRA and CERCLA cleanups, an exemption for solvents from SQGs, and the land disposal restrictions (LDR) storage prohibition. Ash derived from the incineration of F003 remains listed (SEE ALSO: 66 FR 27266; 5/16/01). F003 mixed with solid waste is no longer hazardous if it is not characteristic via the mixture rule (SUPERSEDED: See 268.3). If the origin is not known, wastes with F001-F005 constituents are considered listed (SUPERSEDED: See 55 FR 8758; 3/8/90).
 
01/13/1987LAND DISPOSAL RESTRICTIONS FOR SOLVENTS AND DIOXINS, EXEMPTIONS TOMemo
 Description: The land disposal restrictions (LDR) treatment standards for solvents are set at concentration levels, and incineration is not mandatory. Facilities may not have to meet the standards if they are subject to a national capacity variance for wastes with less than 1% F001-F005 solvents, are SQGs, or are granted a no-migration variance.
 
01/07/1987BOILER VARIANCE FOR A WASTE HEAT RECOVERY BOILER NOT OF INTEGRAL DESIGN, DENIAL OFMemo
 Description: The definition of boiler and the boiler variance do not apply to combustors that are not of integral design.
 
12/31/1986ENFORCEMENT POLICY ON WASTE BURNING FOR ENERGY RECOVERYMemo
 Description: Waste with a heating value below 5000 Btu/lb is not a bona fide fuel and is considered to be incinerated when burned in a BIF. The 5000 Btu/lb criterion of the sham recycling policy does not apply to each individual chemical or constituent of the waste, but applies to the aggregate waste as generated before mixing (SUPERSEDED: see RPC# 11/8/94-01).
 
12/23/1986BURNING CHARACTERISTIC OFF-SPECIFICATION PETROLEUM PRODUCTS FOR ENERGY RECOVERYMemo
 Description: Listed or characteristic off-specification CCPs that are themselves fuels are not solid wastes when burned for energy recovery. Burning in an incinerator is burning for destruction, not energy recovery. Fuel mixed with used oil would be subject to regulation as off-specification used oil if the flash point is under 100 F (SEE ALSO: Part 266).
 
12/22/1986PROPOSAL OF UNREGULATED DIOXIN WASTESMemo
 Description: Incineration is an appropriate management method for nonhazardous dioxin wastes (wastes that are not characteristic and are not covered by F-listings).
 
12/12/1986CLARIFICATION OF REGULATORY STATUS OF SPENT FLUIDIZED BED MEDIAMemo
 Description: Spent fluidized bed media contaminated from treating hazardous waste is not subject to the mixture or derived-from rules, but is hazardous waste via the contained-in policy. For a new incinerator at an interim status facility, revise the Part A application per changes during interim status regulations. The permitting agency approves the change, and the cost cannot exceed 50% of reconstruction under changes during interim status.
 
12/08/1986COMMERCIAL CHEMICAL PRODUCT P LISTING APPLIES ONLY TO UNUSED PRODUCT, NOT USED RESIDUESMemo
 Description: Ash from burning aluminum and/or magnesium phosphide for fumigation is a hazardous waste only if it is characteristic. The P006 listing does not apply because the aluminum phosphide has been used.
 
12/05/1986SPENT FLUIDIZED BED MEDIA AND CHANGES UNDER INTERIM STATUSMemo
 Description: Spent fluidized bed media contains listed hazardous waste. The owner of an interim status facility can add a new incinerator, provided the conditions in 270.72 (changes during interim status) are met. The owner cannot exceed the 50% reconstruction limit.
 
12/01/1986LAND DISPOSAL RESTRICTIONS - LAND DISPOSAL DEFINITION, LAB PACKS, CONDITIONALLY EXEMPT SQG WASTE, EMPTY CONTAINERSQuestion & Answer
 Description: An explanation of the section 3004(k) definition of land disposal. Because open burning and open detonation (OB/OD) are not land disposal, the land disposal restrictions (LDR) program does not apply to open burning/open detonation. The placement of wastes in vaults/bunkers for disposal is land disposal. If a lab pack contains a restricted waste, the entire lab pack is subject to the land disposal restrictions (LDR). CESQG waste is not subject to the land disposal restrictions (LDR). A container emptied in accordance with section 261.7 is not subject to the land disposal restrictions (LDR).
 
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).
 
11/19/1986RECYCLED PRECIOUS METALS, BATTERIES FROM DEFENSE DEPT. SUPPLIESMemo
 Description: Buttons, glass frames, insignia, electronic scrap, if not exempt scrap metal, are spent material. Recycling non-scrap metal can be precious metal recovery. A silver recovery cartridge only partially reclaimed is subject to regulation (SEE ALSO: RPC# 8/4/95-01, Part 273). Products reclaimed from hazardous waste are not regulated. Waste burned in an incinerator or other non-BIF thermal device are abandoned. Materials or energy recovery that occurs is considered ancillary to incineration.
 
11/13/1986INTERIM STATUS QUALIFICATION REQUIREMENTS TO HAZARDOUS WASTE FUEL STORAGE FACILITIES, APPLIEDMemo
 Description: A clarification of the notification requirements for hazardous waste fuel storage facilities. The section 3010(a) notification is self-implementing. EPA may waive the section 3010(a) notification requirement. A clarification of “in existence” for facilities beginning operation or construction after 11/19/80.
 
11/12/1986BURNING USED OIL AND THE LEAD SPECIFICATIONMemo
 Description: A decision to set used oil (UO) lead specification at 100 ppm is not affected by the lack of consideration of lead banking. The only effect of lead banking is to modestly increase estimates of the amount of off-specification used oil. EPA must propose action on a petition for rulemaking before taking final action. EPA prohibits nonindustrial boilers from burning off-specification used oil (SEE ALSO: 279).
 
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.
 
10/22/1986INCINERTION OF LABORATORY WASTES CONTAMINATED WITH TCDDMemo
 Description: Lab wastes such as paper towels, pipets, and laboratory gloves, that have come into contact with TCDD laboratory standards are not covered by the dioxin listings, F020-F023, F026-F028. Incineration may be a reasonable method of disposal for these wastes.
 
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).
 
09/19/1986CONSTRUCTION OF A NEW INCINERATOR WITH THE CHANGES DURING INTERIM STATUSMemo
 Description: A facility continues to have interim status until it is terminated by one of the events listed in section 270.73. The construction of a replacement incinerator is subject to a reconstruction cost limit.
 
09/18/1986FIELD ASSESSMENT AND PUBLIC INVOLVEMENT PLAN FOR THE OCCIDENTAL INCINERATORMemo
 Description: The purpose of field assessments and the public involvement plans for the Occidental incinerator public involvement program.
 
09/15/1986USED OIL FIRED SPACE HEATERSMemo
 Description: Used oil (UO) can be burned in a space heater if it is generated on-site or collected from Do-It-Yourselfers (DIYs), it is not mixed with a hazardous waste, the heater has a maximum capacity of less than 0.5 million Btu/hour, and flue gases are vented outdoors (e.g., chimney).
 
09/15/1986USED OIL FOR INDUSTRIAL BURNERSMemo
 Description: Burning on-specification used oil (UO) is not regulated, but the on-site burner must notify as a marketer if the first claim meets the specification. They must be able to demonstrate the UO meets specification. Lab analysis is a good way to demonstrate specification. Burning off-specification UO is regulated. It may only be burned in industrial devices (attachment describes lead banking and relationship between UO regulations and Clean Air Act regulations). A mixture of UO and hazardous waste (HW) is HW. Under the rebuttable presumption, at a 1000 ppm halogen concentration EPA will presume the UO has been mixed with a halogenated HW. The presumption can be rebutted by demonstrating that all halogens are inorganic.
 
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.
 
08/12/1986HALOGEN ACID FURNACES AS INDUSTRIAL FURNACES OR BOILERSMemo
 Description: Halogen acid furnaces (HAFs) that burn secondary streams as an ingredient and for energy recovery are not boilers and should be classified as industrial furnaces. Heat from burning streams fuels the furnace reactions. Energy recovery does have to involve export of energy from a combustion device.
 
07/31/1986USED OIL, BURNING OF OFF-SPECIFICATION FUEL - DUMPINGMemo
 Description: Burners of off-specification used oil are only required to notify EPA and comply with the paperwork requirements (SUPERSEDED: see Part 279, Subpart G).
 
07/03/1986JURISDICTION AND REGULATION OF MIXED WASTE MANAGEMENT INCLUDING INCINERATION AND LOCATION CRITERIAMemo
 Description: An overview of the hazardous waste component of mixed waste subject to RCRA. Incineration must meet requirements under RCRA, Clean Air Act (CAA), and Atomic Energy Act (AEA). A discussion of the state authorization of mixed waste. The Nuclear Regulatory Commission will regulate low-level radioactive waste.
 
06/30/1986BURNING OF OFF-SPEC USED OILMemo
 Description: Off-specification used oil may be burned in industrial boilers. Only burning of off-specification used oil in nonindustrial boilers is prohibited pursuant to section 266.44 (SUPERSEDED: see 279.61).
 
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.
 
06/27/1986MUNICIPAL WASTE INCINERATOR ASH MANAGEMENTMemo
 Description: Municipal waste combustion (MWC) ash may exhibit a hazardous waste characteristic and, therefore, be subject to Subtitle C. Residues that do not exhibit a characteristic may be disposed of in a Subtitle D landfill (SEE ALSO: RPC# 3/22/95-01, 59 FR 29372; 6/7/94, 60 FR 6666; 2/3/95 and RPC# 10/1/94-02).
 
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).
 
06/16/1986PERMITTING 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.
 
06/16/1986RESIDUAL WATER DERIVED FROM AN EXEMPT WASTE (COAL ASH) IS EXEMPTMemo
 Description: Residual water that becomes corrosive (D002) from Bevill exempt fossil fuel combustion waste is also exempt. Residual water derived from an exempt waste is exempt.
 
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.
 
05/20/1986SPENT SOLVENT RECOVERY, WASTE MANAGEMENT TAXMemo
 Description: Recovered solvents are no longer wastes. Solvents blended with oil and burned are still hazardous wastes. A discussion of taxes on hazardous wastes.
 
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.
 
05/01/1986BY-PRODUCT CRUDE OIL TANK BOTTOMSMemo
 Description: Fuels produced at a refinery from crude oil tank bottoms are not solid wastes. Recyclable materials are hazardous waste that are recycled (SEE ALSO: 261.6(a)(3)(iii)). Crude oil tank bottoms are by-products (SEE ALSO: new K169 listing, added 63 FR 42110; 8/6/98). Tank bottoms being refined into fuel are solid wastes, subject to regulation before recycling (SEE ALSO: 261.4(a)(12)).
 
04/24/1986DESTRUCTION OF DIOXIN CONTAMINATED SOIL USING MOBILE INCINERATIONMemo
 Description: A discussion of the use of trial or test burn information in a delisting petition. Delistings apply only to a waste at the facility covered by the exclusion, not to other facilities. The delistings apply to the waste itself and not to surrogates. Research, demonstration, and development units need a permit prior to construction.
 
04/24/1986DESTRUCTION OF DIOXIN CONTAMINATED SOIL USING MOBILE INCINERATIONMemo
 Description: An overview of the use of trial or test burn information in a delisting petition. Delistings apply only to waste at a facility covered by the exclusion, not to other facilities. Delistings apply to a waste the itself and not to surrogates. Research, demonstration, and development units need a permit prior to construction.
 
04/21/1986BURNING OF USED OIL IN THE MARINE INDUSTRY AND USED OIL GENERATOR NOTIFICATION REQUIREMENTSMemo
 Description: Used oil (UO) burned in marine engines is not regulated. The burning of UO in a shipboard steam boiler is regulated. A shipboard steam boiler is considered an industrial boiler. Ships burning UO that is generated on board must notify as burners if it is off-specification UO. UO generators are not required to notify unless they market directly to a burner. If a ship transfers UO to a transporter, the transporter, not the ship, may be a marketer.
 
04/21/1986PRECIPITATION WHICH IS CORROSIVE DUE TO CONTACT WITH EXEMPT WASTES (COAL GASIFICATION ASH)Memo
 Description: Precipitation that becomes corrosive (D002) solely as a result of contact with Bevill exempt fossil fuel combustion wastes (such as coal gasification ash) is exempt since characteristic is derived from the exempt waste.
 
04/11/1986ADMINISTRATIVE CONTROLS AND STORAGE STANDARDS FOR MARKETERS OF HAZARDOUS WASTEMemo
 Description: A historical discussion of regulations applicable to marketers and burners of hazardous waste-derived fuels and used oil fuels. The standards apply to owners and operators of facilities, either owner or operator may choose to comply with the standards (SUPERSEDED: 266, Subpart D, removed by 56 FR 7194; 2/21/91) (SEE ALSO 266.100; 279.60; 279.61; and 279.70).
 
04/11/1986HAZARDOUS WASTE FUEL CADENCE PRODUCT 312, REGULATION OFMemo
 Description: A summary of all hazardous waste-derived fuel storage or transportation that are newly subject to regulation. The exemption for fuels produced by a person who neither generates nor burns them has been removed (SUPERSEDED: 266, Subpart D, removed by 56 FR 7194; 2/21/91; See 266.100).
 
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.
 
04/08/1986HAZARDOUS WASTE HAS BEEN MIXED WITH USED OIL (1000PPM TOTAL HALOGENS) (REBUTTABLE PRESUMPTION)Memo
 Description: Used oil (UO) failing the rebuttable presumption is presumed to be mixed with a listed hazardous waste (HW) and is itself a listed HW. The owner or operator can rebut the presumption by showing no significant concentrations of Appendix VIII constituents. Fuel produced by treating used oil to remove chlorides, and thus reduce halogen level, is still a HW. This type of treatment requires permit.
 
04/02/1986CARBON REGENERATION FACILITIESMemo
 Description: Spent carbon is normally a spent material unless it is from pollution control, then it is a sludge. It is regulated if it contains a listed or characteristic hazardous waste (HW) (SEE ALSO: 66 FR 27266; 5/16/01). If it contains a characteristic sludge or by-product, it is not a solid waste (SW) when reclaimed. Storage before regeneration is regulated. The regeneration operation (including afterburner) is exempt from regulation (SUPERSEDED: see Part 266, Subpart H, 56 FR 7200; 2/21/91, and 261.6(d)).
 
04/02/1986CARBON REGENERATION FACILITIESMemo
 Description: Spent carbon is a spent material or sludge and a solid waste. Spent carbon may be exempt if the sludge is being reclaimed. It may be hazardous if contains a listed waste or exhibits a characteristic. Carbon regeneration units are exempt recycling units (SUPERSEDED: See 56 FR 7200; 2/21/91). Unlikely off-gas vaporization is a legitimate or bona fide recycling process.
 
03/19/1986RECYCLED GASOLINE/WATER AND FUEL OIL/WATER MIXTURESMemo
 Description: Gas and water or oil and water mixtures are not regulated when reclaimed to produce fuels because they are considered off-specification CCP normally used as fuels. Virgin gas incinerated to recover energy is not a solid waste as gas is typically burned as a fuel.
 
03/19/1986WASTE-AS-FUEL RULES AT DOD FACILITIES, IMPLEMENTATIONMemo
 Description: A historical discussion of the DOD approach to the implementation of hazardous waste-derived fuels and the off-specification used oil fuels marketer and burner regulations (SUPERSEDED: see 56 FR 7194; 2/21/91; see 57 FR 41566; 9/1/92).
 
03/08/1986OFF-SPECIFICATION JET FUEL BURNED AS KEROSENE FUELMemo
 Description: Off-specification jet fuel being burned as kerosene is not a solid waste, even though it is not fueling jets. Off-specification CCP is not a solid waste if it is used for its original purpose.
 
03/05/1986BURNING OFF-SPECIFICATION USED OIL FUEL IN GREENHOUSESMemo
 Description: An industrial boiler (BIF) is one which produces electric power, steam, or heated or cooled air, or other gases or fluids for the use in a manufacturing process. The definition is meant to distinguish these from non-industrial boilers heating residences or commercial buildings. A boiler used in agricultural processes, such as greenhouses, are industrial boilers. The supplier of off-specification used oil (UO) to the nursery is a marketer and the nursery is subject to the used oil burner standards.
 
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.
 
03/01/1986HAZARDOUS WASTE FUELQuestion & Answer
 Description: A hazardous waste fuel produced by blending, or an other treatment is subject to regulation when burned for energy recovery in a BIF. The exemption for fuels produced by a person who neither generates nor burns them has been removed (SUPERSEDED: 266 Subpart D removed by 56 FR 7194; 2/21/91; See 266.100).
 
02/28/1986MIXING HAZARDOUS WASTE WITH USED OIL (REBUTTABLE PRESUMPTION)Memo
 Description: The rebuttable presumption only applies to used oil (UO) to be burned for energy recovery (SUPERSEDED: see 279.10(b)). The rebuttable presumption does not establish a new characteristic. A “significant concentration” that would indicate mixing depends on halogenated compounds found and circumstances of generation and collection. UO with less than 100 ppm of F001 or F002 constituents can rebut the presumption. Rebuttal analysis should measure the Appendix VIII compounds used at a facility and those reasonably expected to enter a UO waste stream.
 
02/13/1986BURNING USED OIL IN SPACE HEATERS, INDUSTRIAL FURNACES, AND BOILERSMemo
 Description: Pursuant to Part 266 Subpart E (SUPERSEDED: see Part 279) service stations and repair shops are allowed to burn used oil (UO) generated on-site and UO accepted from Do-It-Yourselfers (DIYs), but not UO accepted from other businesses in space heaters. Off-specification used oil can be burned in an industrial boiler, but not in heating boilers, on-site where generated without analysis for specification (SEE ALSO: 50 FR 49191; 11/29/85 and 279.61(a)(2)(ii)).
 
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).
 
02/11/1986WOOD TREATED WITH CREOSOTE, DISPOSAL OFMemo
 Description: Creosote-treated wood is unlikely to be a HW. It is not listed (K001, K035) and it is unlikely to be characteristic. The FIFRA regulations prohibit burning of creosote-treated wood.
 
02/09/1986MARKETING OR BURNING HAZARDOUS WASTE FUEL, NOTIFICATION OFMemo
 Description: A historical discussion of the notification and manifest requirements for hazardous waste-derived fuel handlers (SUPERSEDED: see 56 FR 7194; 2/21/91; see 266.100).
 
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.
 
02/01/1986FOSSIL FUEL COMBUSTION WASTE EXCLUSIONQuestion & Answer
 Description: Quench water that becomes corrosive (D002) as a result of contact with ash from coal combustion is exempt under the section 261.4(b)(4) Bevill exclusion for fossil fuel combustion wastes since the characteristic is derived from exempt waste.
 
02/01/1986SPECIFICATION USED OIL FUELQuestion & Answer
 Description: A marketer who first claims used oil fuel meets specifications is subject to Part 266, Subpart E. Subsequent marketers of specification fuel are not subject to regulation, unless they mix specification used oil with off-specification oil or hazardous waste (SUPERSEDED: See Part 279).
 
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).
 
01/30/1986ANTI-NEOPLASTIC AGENTS IN HOSPITAL WASTES, DISPOSAL OFMemo
 Description: Seven antineoplastics are U-listed hazardous waste. Antineoplastics are not regulated as class. Hospitals generating less than 100 kg/mo exempt as CESQG. There is no EPA guidance for a proper incineration destruction temperature.
 
01/24/1986WASTE-DERIVED FUELS AT IRON AND STEEL MILLS AS PRODUCTS OR WASTE FUELS, INFORMATION REQUIREDMemo
 Description: The classification of waste-derived coke/coal tar as a product or waste-derived fuel turns on whether recycling significantly affects the composition, whether waste-derived coke has significantly higher levels of hazardous constituents. The list of constituents to be analyzed, with SW-846 methods (SEE ALSO: 261.4(a)(10)).
 
01/21/1986SULFUR RECOVERY FURNACES ARE INDUSTRIAL FURNACES SUBJECT TO THE WASTE-AS-FUEL RULESMemo
 Description: Combustion devices used in the recovery of sulfur values from spent sulfuric acid are boilers. Sulfur recovery furnaces were inadvertently omitted from the 11/29/85 Federal Register (50 FR 49164).
 
01/09/1986BOILERS USED IN GREENHOUSE OPERATIONS ARE INDUSTRIAL BOILERSMemo
 Description: Boilers used in greenhouse operations are industrial boilers since the energy is used in process of producing a product. Greenhouses are considered more like manufacturing facilities, than non-industrial, commercial or residential facilities.
 
01/07/1986RESIDUES REMAINING IN EMPTY CONTAINERS, BURNING OFMemo
 Description: The burning of residues in empty containers is not hazardous waste incineration. Ash from burning residues is not hazardous.
 
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).
 
01/01/1986HAZARDOUS WASTE FUEL BROKERSQuestion & Answer
 Description: The ownership of a hazardous waste fuel, not the physical possession, is the criterion used in determining if a hazardous waste fuel broker is a “marketer”. A waste broker who owns but never physically possesses a waste must comply with the marketer requirements (SUPERSEDED: See 266 Subpart H, Part 279).
 
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.
 
12/17/1985WASTEWATER TREATMENT SYSTEM, SOLVENT RECOVERY STILL BOTTOMS INMemo
 Description: The 261.3(a)(2)(iv) mixture rule exemption for de minimis quantities of solvents applies to solvents or still bottoms incidentally discharged into wastewater system, not intentionally discharged. Incinerator scrubber water derived from a listed solvent is not eligible for the exemption. The exemption applies at headworks.
 
12/13/1985PERMIT ISSUES REGARDING ON-SITE TREATMENT BY FLUIDIZED BED INCINERATIONMemo
 Description: A waste transferred from a generator to an incinerator located on a property leased from the generator does not have to be manifested if the waste never crosses public highway or never leaves the generator’s property. The permit for the incinerator located on a leased property at the generator site must be signed both by the owner of the property and the operator of the incinerator. The owner or operator of facility includes the owner of the land, the owner of the structures, and the operator of the facility or unit. Since both the owner of the property and the operator of a facility must sign a permit application, the two parties are jointly and severally liable for all RCRA requirements, including closure.
 
12/12/1985BURNING AND BLENDING OF HAZARDOUS WASTE AND USED OIL FUELSMemo
 Description: A discussion of the 11/29/85 (50 FR 49164) rule to regulate used oil and hazardous waste fuels to be burned for energy recovery (Part 266, Subpart D and Subpart E) (SUPERSEDED: see Part 279). The EPA plans to regulate BIFs in the future (SEE ALSO: Part 266, Subpart H). Although waste reduction and waste recycling are preferred options to manage the waste disposal problem, this does not justify improper handling.
 
12/01/1985BURNING AND BLENDINGQuestion & Answer
 Description: A mixture of used oil and a commercial chemical product (CCP) (xylene) that is itself a fuel or normal component of commercial fuels is regulated as used oil, not hazardous waste fuel, when it is burned for energy recovery. The generator who burns the used oil is subject to 266, Subpart E (SUPERSEDED: See 279.20 and 279.60).
 
12/01/1985BURNING AND BLENDINGQuestion & Answer
 Description: Section 266 Subpart D hazardous waste burning and blending regulations published in the 11/29/85 Federal Register (50 FR 49164) were promulgated pursuant to HSWA, take effect in all states at same time (SUPERSEDED: see 266 Subpart H).
 
12/01/1985BURNING AND BLENDING AND INTERIM STATUSQuestion & Answer
 Description: A facility that has existing tanks but is not storing hazardous waste on the effective date of the 266 Subpart D regulations may qualify for interim status if it has objective evidence that indicates the intent to begin storage within a reasonable time. The facility needs interim status or a permit to store hazardous waste fuel on-site prior to burning in a cement kiln. To qualify for interim status, a facility must be in existence, the owner or operator must obtain an EPA ID number, and they must submit a Part A application. Fuel is regulated when it is blended.
 
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.
 
11/01/1985HAZARDOUS WASTE FUEL MARKETERSQuestion & Answer
 Description: A generator who gives hazardous waste fuel to a burner is a marketer. The absence or presence of a monetary transaction has no bearing on the marketer’s status. A hazardous waste fuel blender/processor who ships waste fuel to a burner is a marketer (SUPERSEDED: See 266 Subpart H).
 
11/01/1985USE CONSTITUTING DISPOSALQuestion & Answer
 Description: The act of spraying virgin fuel on the ground for firefighting training is not use in a manner constituting disposal, because fuel is a primary material, not a waste.
 
10/11/1985WASTE-DERIVED FUELS BURNED IN CEMENT KILN, REGULATION OFMemo
 Description: Characteristic waste-derived fuels and all waste-derived fuels produced by a person other than the waste generator or burner are exempt (SUPERSEDED: see 50 FR 49164; 11/29/85; see 56 FR 7194; 2/21/91; see 266.100).
 
10/03/1985DOD MUNITIONS BECOME SOLID WASTE SUBJECT TO RCRA WHEN THERE IS AN INTENT TO DISPOSE OR DESTROY THEMMemo
 Description: Federal facilities are subject to RCRA regulations. Unused munitions are not considered waste until there is an intent to dispose or destroy them (SEE ALSO: 62 FR 6622; 2/12/97). The burning of munitions is incineration. DOD facilities must meet EPA’s RCRA regulations.
 
10/01/1985LUBRICATING OIL AND JET FUELS USED TO PRODUCE PETROLEUM PRODUCTSMemo
 Description: Lubricating oil and an unused fuel mixture used to remove excess fuel from fuel cells is a spent material, not an off-specification CCP since the mixture is used as a solvent. The mixture is not used oil. Secondary materials used to produce a fuel are only subject if the material is listed or is a sludge (SUPERSEDED: See 50 FR 49164; 11/29/85).
 
08/09/1985REGULATORY STATUS OF CONTAMINATED TORPEDO PROPULSION FUEL DESTINED FOR RECLAMATIONMemo
 Description: Propulsion fuel remaining in a torpedo (after firing) that is contaminated with saltwater is an off-specification CCP, not a solid waste when sent for reclamation. Contaminated propulsion fuel is not a spent material since any fuel that is spent (or used) would no longer exist.
 
08/01/1985INCINERATORS BURNING NON-HAZARDOUS WASTEMemo
 Description: A permit is required prior to beginning construction of a solid waste incinerator if the owner and/or operator intends to burn hazardous waste in the future. The owner of a TSCA PCB incinerator can apply for a RCRA Subtitle C permit at any time.
 
07/10/1985REVISED DEFINITION OF SOLID WASTE PURSUANT TO HSWAMemo
 Description: Carbon regeneration facilities storing carbon before recycling need a permit for storage if they are an incinerator. If they are not an incinerator, they are exempt (may be BIF). Drum recyclers handling empty containers do not need a storage permit. The storage of non-empty containers would require at least a permit for hazardous waste storage. Spent activated charcoal or carbon is usually a spent material. If for pollution control, it would be a sludge. Carbon is hazardous waste (HW) if it contains a listed waste (contained-in policy) or exhibits a characteristic(SEE ALSO: 66 FR 27266; 5/16/01). Carbon is unlikely to exhibit a characteristic. Generators storing HW spent activated carbon are subject to accumulation time regulations. A closed municipal solid waste landfill (MSWLF) suspected of holding HW is subject to corrective action if the facility requires a permit or interim status and is subject to CERCLA.
 
07/01/1985K051 AND HSWA; K051 SLUDGE RE-USED ON-SITE, EXEMPTIONQuestion & Answer
 Description: Petroleum coke produced from on-site reuse of K051 is exempt from standards for hazardous waste fuel unless coke product exhibits characteristic per section 3004(q)(2)(A) (SEE ALSO: Section 261.4(a)(12)).
 
06/27/1985SOLVENT STILL AS RECYCLING UNIT - REGULATORY STATUS OFMemo
 Description: A solvent that is still recycling hazardous waste is not subject to regulation. The recycling process itself is not normally subject to regulation unless it is analogous to land disposal or incineration. The storage and transportation of solid wastes which will be recycled are subject to regulation.
 
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.
 
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).
 
05/20/1985CONTAINERS CLEANING OTHER THAN TRIPLE RINSING - PAPER BAGSMemo
 Description: The use of bag beating in order to render empty is an acceptable alternative to the triple rinsing of containers that have held acutely hazardous waste. The burning of bags is treatment and subject to Parts 264 and 265.
 
05/01/1985SOLID WASTE DETERMINATION - ACRYLONITRILE ASHQuestion & Answer
 Description: A burned product is viewed as discarded. Ash from the product acrylonitrile that burns in a warehouse fire meets the U009 listing via derived-from rule.
 
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.
 
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.
 
02/01/1985DEFINITION OF MARKETER AND APPLICABLE REGULATIONSQuestion & Answer
 Description: A company that picks up used oil from its own facilities and transports it to another company-owned facility for burning for energy recovery is a marketer under proposed 266.43 (SUPERSEDED: See Part 279).
 
02/01/1985SPENT MATERIAL BURNED FOR ENERGY RECOVERYQuestion & Answer
 Description: Spent materials that are hazardous by characteristic only are exempt from regulation (including management prior to burning) if burned for energy recovery (SUPERSEDED: 266 Subpart H).
 
01/18/1985ACCEPTABLE LEVELS OF RESIDUAL CONTAMINANTS IN THE EPA INCINERATOR RESIDUESMemo
 Description: Provides conservative concentration-based levels for 20 toxic constituents beneath which dioxin-bearing ash would not present substantial hazard to human health or the environment when managed at nonhazardous waste facilities. Discussion of necessary delisting for incinerator trial burn dioxin residues (SEE ALSO: F020-F023, F026-F028) (SEE ALSO: RPC# 4/1/85-08).
 
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.
 
11/01/1984RECIRCULATING TANK FEEDS CAUSTIC TO INCINERATOR SCRUBBERQuestion & Answer
 Description: A recirculating tank that receives caustic from an incinerator does not qualify for the 261.4(c) product storage tank exclusion. The tank may qualify as a generator accumulation tank.
 
10/22/1984USED OIL CONTAMINATION THROUGH NORMAL USE OR MIXING WITH HAZARDOUS WASTES - RECYCLING DEFINEDMemo
 Description: Used oil contaminated with chlorinates (from fuel or salt water) through use is not hazardous. Used oil contaminated from intentional mixing is hazardous, even if it is below rebuttable presumption levels. Burning hazardous waste with low BTUs is not recycling, even if it is mixed with high BTU material.
 
09/10/1984TRIAL BURNS, Q&A REPORTMemo
 Description: As of 9/10/84, EPA had not issued any incinerator permits on the basis of data submitted in lieu of a trial burn.
 
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.
 
08/16/1984COAL/FOSSIL FUEL COMBUSTION WASTES EXCLUDED FROM SUBTITLE C PENDING FURTHER STUDYMemo
 Description: Fly ash waste, bottom ash waste, slag waste, and flue gas emission control dust, is excluded under the Bevill exemption for fossil fuel combustion wastes until studied. Even though EPA’s study has focused on coal-fired electric utilities, wastes from the combustion of coal, oil, or natural gas from any source are excluded (SEE ALSO: 56 FR 7134; 2/21/91; 58 FR 42468; 8/9/93).
 
08/15/1984MINERAL PROCESSING RESIDUALS FROM COMBUSTION UNITS BURNING HAZARDOUS WASTE FUELMemo
 Description: Heating shale to produce lightweight aggregate is beneficiation, and therefore, wastes from this process are excluded by the 261.4(b)(7) Bevill exemption for mining and mineral processing wastes. Use of hazardous waste fuels does not preclude the 261.4(b)(7) or 261.4(b)(8) (cement kiln dust (CKD)) exclusion. Burning for energy recovery is treatment. Wastes derived from recycled waste are still listed (SEE ALSO: 66 FR 27266; 5/16/01). The mixture-rule de minimis exemption at 261.3(a)(2)(iv) only applies if solvents are commingled with process wastewaters as part of routine housekeeping procedures. The exemption is not applicable to sludges mixed with wastewater or sludges that generate wastewaters.
 
07/31/1984INCINERATORS THAT RECEIVE GASEOUS EMISSIONS, RCRA EXCLUSION, CAA APPLIESMemo
 Description: Gaseous feeds to fume incinerators are not solid wastes. Light ends that may be condensable to liquids at standard temperature and pressure may be solid wastes. Only true gases are excluded under RCRA 1004(28) (SUPERSEDED: See 54 FR 50973; 12/11/89 and 56 FR 7200; 2/21/91).
 
07/01/1984HAZARDOUS WASTE INCINERATION/SW-846 METHODQuestion & Answer
 Description: “Sampling and Analysis Methods for Hazardous Waste Incineration” will not be issued as Appendix A to SW-846, but it will be incorporated throughout the document (SEE ALSO: Chapter 7 of SW-846).
 
07/01/1984RECYCLING BAGHOUSE DUSTQuestion & Answer
 Description: Baghouse dust from an incinerator that burns non-fossil fuels is hazardous if it is characteristic. Dust that is not excluded under the 261.4(b)(4) Bevill exemption for fossil fuel combustion wastes is considered a sludge for purposes of the recycling regulations.
 
07/01/1984SMELTER SLAGQuestion & Answer
 Description: Smelter slag does not qualify for the 261.4(b)(4) Bevill exemption for fossil fuel combustion wastes, but it may qualify for the 261.4(b)(7) exemption for the processing of ores and minerals.
 
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.
 
06/01/1984AQUEOUS SOLUTION FROM COAL FLUE GAS EMISSIONS ARE EXEMPTQuestion & Answer
 Description: Emission control wastes from flue gas desulfurization are exempt under the 261.4(b)(4) Bevill exemption for fossil fuel combustion wastes.
 
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.
 
02/28/1984GUIDANCE ON DETERMINING WHEN A HAZARDOUS WASTE IS A LEGITIMATE FUEL THAT MAY BE BURNED FOR ENERGY RECOVERY IN A BOILER OR INDUSTRIAL FURNACEMemo
 Description: Discussion of determination of when hazardous waste (halogenated solvents) are legitimate fuels burned for energy recovery. Fuel must have a substantial heat value (i.e., 5,000-8,000 BTU/lb) and must be burned in a legitimate energy recovery device (SUPERSEDED: see RPC# 11/8/94-01).
 
02/19/1984SCRUBBER BRINE/SLUDGE PRODUCED IN INCINERATION OF A LISTED HAZARDOUS WASTEMemo
 Description: Scrubber brine and sludge from the incineration of a listed waste are hazardous through the derived-from rule (SEE ALSO: 66 FR 27266; 5/16/01). Residues from incineration of a characteristic waste are hazardous only if they exhibit a characteristic (SEE ALSO: 268.40).
 
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.
 
11/01/1983CHLORINE CONTENT IN WASTE BURNED FOR ENERGY RECOVERYQuestion & Answer
 Description: The BTU value of a waste is a crucial factor used to determine whether or not the waste can legitimately be burned for energy recovery. If the heat value is greater than the threshold value, then the chlorine content is not considered.
 
05/01/1983HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY VS. INCINERATIONQuestion & Answer
 Description: The current (1983) recycling regulations consider the intent when distinguishing between burning for legitimate heat recovery and incineration. The 4/4/83 Federal Register proposes that recovery carried out in a unit that meets the incinerator definition must be permitted, regardless of energy and material recovery considerations.
 
01/10/1983IGNITABLE SOLID DEFINITION APPLIED TO TITANIUM SWARFMemo
 Description: To be ignitable (D001), a solid must be capable of causing fire and must burn so vigorously and persistently that it creates a hazard. If titanium swarf is dificult to ignite, it is not hazardous waste even though it burns vigorously once it is ignited.
 
10/22/1982EXISTING INCINERATORS AND DATA IN LIEU OF TRIAL BURNMemo
 Description: Addresses the submission of data from existing incinerators in lieu of conducting a trial burn.
 
07/09/1982PERMITTING OF HAZARDOUS WASTE INCINERATORSMemo
 Description: Discusses the historical priorities for the permitting of incinerators.
 
02/18/1981EPA REGULATION OF UTILITY WASTEMemo
 Description: The Bevill exemption for fossil fuel combustion wastes covers wastes from burning mix of fossil and alternative fuels, as long as the mix is at least 50% fossil fuels. The exclusion covers wastes from burning coal and hazardous waste, as long as mix is at least 50% coal (SUPERSEDED: see 266.112). "Primarily" means 50% fossil fuels. The exclusion covers wastes generated, mixed, co-disposed or co-treated with large-volume fossil fuel wastes. The exemption is restricted to wastes directly associated with combustion, steam generation or water cooling. Clarification of co-management (SUPERSEDED: See 58 FR 42466; 8/9/93).
 
01/13/1981FOSSIL FUEL COMBUSTION WASTE EXCLUSION IN 261.4(B)(4), FUEL MIXTURESMemo
 Description: Fossil fuels include coal, oil, and natural gas. “Primarily” means fossil fuels constitute 50% of the fuel. Wastes from the burning of coal and hazardous waste are excluded under the Bevill exemption for fossil fuel combustion (FFC) wastes if coal is >50% of the fuel. Boiler cleaning solutions, boiler blowdown, demineralizer regenerant, pyrites, and cooling tower blowdown are exempt if they are co-disposed or co-treated (SUPERSEDED: See 65 FR 32213, 32219; 5/22/2000). Activities that are not directly associated with FFC are not excluded (e.g., plant maintenance or construction). Combustion wastes that are specifically listed are not excluded. Boiler blowdown, boiler cleaning solutions, demineralizer regenerant, pyrites, cooling tower blowdown (hereinafter “other wastes”) disposed of or treated separately from FFC wastes or mixed with only small amounts of FFC waste are not exempt (SEE ALSO: 56 FR 7134; 2/21/91, 58 FR 42468; 8/9/93).
 
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Show details for ExportsExports
Show details for F-wastesF-wastes
Show details for Financial Assurance (hazardous waste)Financial Assurance (hazardous waste)
Show details for Financial Assurance (nonhazardous waste)Financial Assurance (nonhazardous waste)
Show details for GasGas
Show details for GeneratorsGenerators
Show details for Grants (hazardous Waste)Grants (hazardous Waste)
Show details for Grants (municipal solid waste)Grants (municipal solid waste)
Show details for Groundwater MonitoringGroundwater Monitoring
Show details for Hazardous WasteHazardous Waste
Show details for Hazardous waste dataHazardous waste data
Show details for Hazardous Waste IdentificationHazardous Waste Identification
Show details for Hazardous Waste RecyclingHazardous Waste Recycling
Show details for Household Hazardous WasteHousehold Hazardous Waste
Show details for Identification of Hazardous WasteIdentification of Hazardous Waste
Show details for ImportsImports
Show details for IncinerationIncineration
Show details for IncineratorsIncinerators
Show details for Industrial FurnacesIndustrial Furnaces
Show details for Industrial WastesIndustrial Wastes
Show details for Jobs Through Recycling ProgramJobs Through Recycling Program
Show details for K-wastesK-wastes
Show details for Land Disposal RestrictionsLand Disposal Restrictions
Show details for Land Disposal UnitsLand Disposal Units
Show details for Land Treatment UnitsLand Treatment Units
Show details for LandfillsLandfills
Show details for Large Quantity Generators (LQG)Large Quantity Generators (LQG)
Show details for Legislation (hazardous waste)Legislation (hazardous waste)
Show details for Liability (Hazardous Waste)Liability (Hazardous Waste)
Show details for Listing Hazardous WasteListing Hazardous Waste
Show details for ManifestManifest
Show details for Medical WasteMedical Waste
Show details for Mercury WastesMercury Wastes
Show details for Military MunitionsMilitary Munitions
Show details for Mining WasteMining Waste
Show details for Miscellaneous UnitsMiscellaneous Units
Show details for Mixed Waste (radioactive waste)Mixed Waste (radioactive waste)
Show details for Municipal Solid WasteMunicipal Solid Waste
Show details for Native Americans - TribesNative Americans - Tribes
Show details for Natural GasNatural Gas
Show details for Nonhazardous WasteNonhazardous Waste
Show details for OilOil
Show details for Oil FiltersOil Filters
Show details for P-wastesP-wastes
Show details for PCBsPCBs
Show details for Permits and PermittingPermits and Permitting
Show details for PetitionsPetitions
Show details for Petroleum Refining WastesPetroleum Refining Wastes
Show details for Polychorinated Biphenyls (PCBs)Polychorinated Biphenyls (PCBs)
Show details for Post-closure (hazardous waste)Post-closure (hazardous waste)
Show details for ProcurementProcurement
Show details for Public ParticipationPublic Participation
Show details for Radioactive Mixed WasteRadioactive Mixed Waste
Show details for Reactive WastesReactive Wastes
Show details for RecyclingRecycling
Show details for Reducing WasteReducing Waste
Show details for Siting (waste facilities)Siting (waste facilities)
Show details for Small Quantity Generators (SQG)Small Quantity Generators (SQG)
Show details for Solid WasteSolid Waste
Show details for SolventsSolvents
Show details for Source ReductionSource Reduction
Show details for Special WastesSpecial Wastes
Show details for State Programs (RCRA)State Programs (RCRA)
Show details for StorageStorage
Show details for Surface ImpoundmentsSurface Impoundments
Show details for TanksTanks
Show details for Test MethodsTest Methods
Show details for Toxicity CharacteristicToxicity Characteristic
Show details for TransportersTransporters
Show details for TreatmentTreatment
Show details for TSDFsTSDFs
Show details for U-wastesU-wastes
Show details for Underground Storage Tanks (UST)Underground Storage Tanks (UST)
Show details for Universal WasteUniversal Waste
Show details for Used OilUsed Oil
Show details for VariancesVariances
Show details for Waste Determinations for Combusted Non-Hazardous Secondary MaterialsWaste Determinations for Combusted Non-Hazardous Secondary Materials
Show details for Waste MinimizationWaste Minimization
Show details for Waste PilesWaste Piles
Show details for Waste ReductionWaste Reduction
Show details for Wood Preserving WastesWood Preserving Wastes
Show details for (Not Categorized)(Not Categorized)
For more information on commonly used environmental terms please visit the Terms of the Environment EPA Home Page

 

 
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