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Show details for Air Emissions (RCRA)Air Emissions (RCRA)
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Show details for Best Demonstrated Available Technology (BDAT)Best Demonstrated Available Technology (BDAT)
Show details for Bevill AmendmentBevill Amendment
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Show details for Conditionally Exempt Small Quantity Generators (CESQG)Conditionally Exempt Small Quantity Generators (CESQG)
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Show details for Construction and Demolition WastesConstruction and Demolition Wastes
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07/02/2003TREATMENT AND DISPOSAL OF MERCURY-BEARING HAZARDOUS WASTE AND DEBRISMemo
 Description: Mercury-bearing hazardous wastes originate from several sources, and waste regulation varies depending on its source. EPA is gathering information on the final disposition of mercury wastes. Only certain mercury-bearing wastes can be treated using the alternative land disposal restrictions (LDR) debris treatment standards. The treatment technologies for metal-bearing debris include source separation, microencapuslation, and macroencapsulation. If the debris treatment technologies cannot be achieved, the wastes are subject to the non-debris treatment standards. Some mercury wastes (e.g., dental amalgam collection devices, batteries) are not debris and cannot be disposed using 268.45. Most household waste collection centers send mercury wastes for recovery.
 
06/26/2003TREATMENT AND DISPOSAL OF MERCURY-BEARING HAZARDOUS WASTEMemo
 Description: EPA is interested in preventing avoidable releases of mercury to the environment. EPA is gathering information from states and Regional offices to determine the ways in which mercury-bearing hazardous waste is recycled, treated, and disposed.
 
04/28/2003TREATMENT OF MERCURY-BEARING HAZARDOUS WASTES BEFORE DISPOSALMemo
 Description: Mercury-bearing hazardous wastes originate from several sources, including households, industry, and cleanup sites. Different federal and state regulations govern such wastes depending on their source. EPA is reaching out to states and municipalities to improve their understanding of the management and disposal of mercury-bearing wastes from different sources. Some mercury-bearing wastes are treated using the alternative land disposal restrictions (LDR) debris treatment standards in 268.45 as opposed to the treatment standards requiring retorting in 268.40. EPA is investigating whether mercury-containing debris are typically disposed of in landfills, with or without treatment, or reclaimed through retorting. (SEE ALSO: 70 FR 45508; 8/5/05)
 
04/14/2003MANAGEMENT OF MERCURY-CONTAINING HAZARDOUS WASTESMemo
 Description: Mercury-containing hazardous wastes come from several sources, including households, industry, and cleanup sites. Federal and state regulations differ for such wastes depending on their source. EPA is working with states to determine how mercury-containing devices are managed by collection programs and is consulting Regional offices to track the disposition of mercury cleanup wastes. In order to divert mercury-containing products from municipal and hazardous wastestreams, EPA has proposed to add mercury-containing equipment to the universal waste rule and has initiated several outreach programs that promote the recycling of mercury lamps and other mercury wastes (SUPERCEDED: 70 FR 45508; 8/5/05).
 
08/15/2002INDUSTRY PARTNERSHIPS FOR AUTOMOBILE RECYCLING AND DISPOSAL Memo
 Description: The EPA Product Stewardship team is working in voluntary partnerships with several sectors, including the carpet and electronics industry, to address environmental problems. EPA is aware of the role that automobile manufacturers, suppliers, and recyclers have in solving problems related to the recycling and disposal of automobile components. The Office of Enforcement and Compliance Assurance (OECA) is working to improve regulatory compliance at automobile salvage yards.
 
05/01/2002Solid Waste Management: A Local Challenge With Global Impacts (Kit)Publication
 Description: This folder contains the following four fact sheets: What is Integrated Solid Waste Management (EPA 530-F-02-026a), How To Establish Recycling and Composting Programs (EPA 530-F-02-026b), What Are the Options For Waste Disposal (EPA 530-F-02-026c), and What Are the Components of Waste Collection and Transport (EPA 530-F-02-026d).
 
05/01/2002Tribal Waste Journal: Respect Our Resources: Prevent Illegal DumpingPublication
 Description: The premiere issue of the Tribal Waste Journal focuses on preventing illegal dumping.
 
10/11/2001WASTE VISUAL DISTRESS SIGNALSMemo
 Description: The State of Florida has developed an action plan for the safe collection and disposal of waste visual distress signals (VDS) flares. This action plan could serve as a model for other states to develop programs to manage waste flares.
 
09/14/2001STORAGE OF TOXIC MATERIALS IN AMERICAMemo
 Description: The Solid Waste Disposal Act and subsequent amendments include provisions to regulate the generation, treatment, storage, and disposal of hazardous waste. In most cases, hazardous waste must be treated before being placed in a secure landfill. Hazardous waste disposal facilities must receive permits from EPA, which include security features.
 
08/09/2001LAND DISPOSAL RESTRICTIONS TREATMENT STANDARD FOR DISCARDED RADIOACTIVE CONTAMINATED LEAD ACID BATTERIESMemo
 Description: The appropriate LDR treatment method for radioactively contaminated lead acid batteries is macroencapsulation. Macroencapsulation applies not only to lead shielding, but to other elemental forms of lead. This technology will require less worker exposure than lead recovery (i.e., smelting) of radioactive batteries. Lead recovery would also radioactively contaminate the entire mass lead that was recovered, making it unusable.
 
07/03/2001SHOP TOWELS CONTAINING HAZARDOUS SOLVENTSMemo
 Description: EPA has not determined what regulatory action may be appropriate for solvent-contaminated wipes. The Agency’s efforts on this issue were initiated as a result of petitions from various industries. EPA intends to develop a consistent, cost-effective regulatory program and will examine regulatory cost burden on small businesses associated with their use of wipes. If EPA proposes a rule, stakeholders and the general public will be granted a 90-day comment period to submit formal, written comments and make suggestions on the rule.
 
06/26/2001REUSABLE AND DISPOSABLE SOLVENT-CONTAMINATED WIPESMemo
 Description: EPA has not determined what regulatory action may be appropriate for solvent-contaminated wipes. The Agency’s efforts on this issue were initiated as a result of petitions from various industries. EPA intends to develop a consistent, cost-effective regulatory program and will examine regulatory cost burden on small businesses associated with their use of wipes. If EPA proposes a rule, stakeholders and the general public will be granted a 90-day comment period to submit formal, written comments and make suggestions on the rule.
 
06/22/2001SOILED REUSABLE AND DISPOSABLE SHOP TOWELS CONTAINING HAZARDOUS WASTE SOLVENTSMemo
 Description: EPA has not published any proposal regarding solvent-contaminated wipes in the Federal Register. The Agency’s efforts on this issue were initiated as a result of petitions from various industries. EPA intends to develop a consistent, cost-effective regulatory program and will examine regulatory cost burden on small businesses associated with their use of wipes. If EPA proposes a rule, stakeholders and the general public will be granted a 90-day comment period to submit formal, written comments and make suggestions on the rule.
 
05/15/2001LAND DISPOSAL RESTRICTION REQUIREMENTS FOR CHARACTERISTIC WASTESMemo
 Description: Characteristic wastewaters that are mixed with a solid waste and decharacterized are still subject to 268.40 standards, including treatment for underlying hazardous constituents (UHCs). Characteristic wastewaters may be mixed with solid wastes or otherwise diluted and then injected into deep underground wells or placed in surface impoundments subject to controls imposed by the Clean Water Act (CWA) without meeting 268.40 standards. An accidental spill of hazardous waste that is promptly cleaned up is not considered land placement. LDR treatment standards apply to contaminated soils that exhibit a characteristic or contain a listed waste. LDRs attach to a hazardous waste contaminated soil when it is excavated and when it is ultimately going to be placed in a land disposal unit. LDRs will apply until standards are met even if the soil is subsequently decharacterized. If a soil contaminated by a characteristic waste does not exhibit a characteristic when it is excavated, then LDRs do not apply. Any deliberate mixing of hazardous waste with soil in order to change its treatment classification is impermissible dilution and illegal.
 
04/19/2001FEDERAL REGULATIONS GOVERNING SOLVENT-CONTAMINATED WIPESMemo
 Description: EPA intends to move forward with proposing a rule addressing solvent-contaminated wipes as quickly as possible. EPA strives to develop a consistent regulatory program where solvent-contaminated wipes are managed in an environmentally sound, cost-effective manner while encouraging source reduction and recycling.
 
02/26/2001REGULATORY STATUS OF SHOP TOWELS CONTAINING HAZARDOUS SOLVENTSMemo
 Description: The Agency has not published any proposals regarding solvent-contaminated wipes in the Federal Register. EPA has been and will continue to analyze the economic impact of any future rule on small businesses.
 
02/01/2001LAND DISPOSAL RESTRICTIONS NOTIFICATION REQUIREMENTS FOR DECHARACTERIZED WASTEQuestion & Answer
 Description: A large quantity generator (LQG) who fully treats a characteristic waste to meet the land disposal restrictions (LDR) must certify that the waste meets treatment standards as specified in 268.7(b)(4)(v). Notification and certification forms should not accompany shipments from generators to Subtitle D facilities (SEE ALSO: 55 FR 22520, 22663; 6/1/90). Once the waste has been decharacterized, the generator must send a one-time written notification and certification to the authorized state or EPA region and place copy in the facility’s files.
 
01/01/2001LDR NOTIFICATION FOR LISTED AND CHARACTERISTIC WASTESQuestion & Answer
 Description: When a listed waste treatment standard operates in lieu of a characteristic treatment standard, the listed waste code would be included on the LDR notification form in lieu of the characteristic waste code. However, if the listed treatment standard does not directly address the constituent that makes the waste characteristic, the generator must list both waste codes on the notification form, and the waste must meet both treatment standards before it can be land disposed.
 
12/28/2000DISPOSAL OF VIDEO MONITORS IN LANDFILLSMemo
 Description: EPA is exploring ways of encouraging greater recycling of cathode ray tubes (CRTs) and electronic devices. EPA is developing regulation under RCRA that would promote recycling of CRTs and reuse and recycling of CRT glass.
 
11/13/2000IMPLEMENTATION OF VACATURE OF TCLP USE FOR EVALUATING MANUFACTURED GAS PLANT (MGP) WASTES IN THE BATTERY RECYCLERS CASEMemo
 Description: D.C. Court of Appeals vacated use of TCLP for evaluating manufactured gas plant (MGP) waste (Association of Battery Recyclers, Inc., et al. v. US EPA). MGP waste cannot be classified as toxicity characteristic (TC) hazardous, since TCLP test is part of TC regulatory definition. MGP wastes unlikely to exhibit other characteristics. MGP wastes may be regulated under broader in scope state programs, state cleanup programs, or state industrial waste programs (SEE ALSO: 65 FR 51087; 8/22/00; RPC# 10/19/00-01).
 
11/01/2000LAND DISPOSAL RESTRICTIONS NOTIFICATION REQUIREMENTS FOR CONTAMINATED SOILQuestion & Answer
 Description: Generator of contaminated soil that does not meet LDR treatment standard at point of generation is subject to 268.7(a)(2) notification requirements. Generator of contaminated soil which meets treatment standard at point of generation is subject to notification requirements of 268.7(a)(3)(ii). Generator must send one-time written notice containing LDR information to TSDF and place copy in files in both situations (SEE ALSO: 63 FR 28556, 28620; 5/26/98).
 
10/19/2000MANUFACTURED GAS PLANT (MGP) REMEDIATION WASTE Memo
 Description: TCLP cannot be used to determine whether manufactured gas plant (MGP) waste is hazardous due to court ruling (Association of Battery Recyclers, Inc., et al. v. US EPA). MGP remediation waste is not listed but may be hazardous if exhibit ignitable, corrosive, or reactive characteristic, though unlikely. MGP remediation waste determined to be nonhazardous would be governed by state industrial or nonhazardous waste regulations (SEE ALSO: 65 FR 51087; 8/22/00; RPC# 11/13/00-01).
 
10/01/2000IDENTIFICATION OF UNDERLYING HAZARDOUS CONSTITUENTSQuestion & Answer
 Description: Characteristic wastes must meet universal treatment standards (UTS) for all underlying hazardous constituents (UHCs) prior to land disposal. Fluoride, vanadium, and zinc are excluded from the definition of UHC because they do not appear in Part 261, Appendix VIII. 3004(m) authorizes EPA to develop treatment standards for constituents other than those for which a waste is listed.
 
10/01/2000LDR TREATMENT OPTIONS FOR SPENT INCINERATOR REFRACTORY BRICKQuestion & Answer
 Description: Refractory brick that contacts listed waste during incinerator’s lifetime carries listing via contained-in policy. Facility may treat brick to numerical land disposal restrictions (LDR) standards in 268.40 or employ alternative debris standards in 268.45. Implementing agency may make determination that brick no longer contains listed hazardous waste per 261.3(f)(2), exempting brick from all RCRA standards. Facility has option to obtain equivalent treatment method variance or variance from available treatment standards. Closure plan should detail incinerator closure requirements and specify treatment option.
 
09/01/2000LAND DISPOSAL RESTRICTIONS FOR IMPORTED HAZARDOUS WASTESQuestion & Answer
 Description: Characteristic waste decharacterized prior to entering the United States not subject to land disposal restrictions (LDR) treatment standards or paperwork requirements. U.S. importer is responsible for hazardous waste identification. Importer must comply with all applicable RCRA standards and special importer requirements for waste that is hazardous at point it enters the United States.
 
10/27/1999AUTOMOTIVE SHREDDER RESIDUE AS HAZARDOUS DEBRISMemo
 Description: Automotive shredder residue (ASR) composed of shredded non-metal parts of demolished cars may meet definition of hazardous debris. Mixture of debris and non-debris can be considered debris if debris is greater than 50% of mixture and non-debris hazardous waste is not intentionally mixed in to avoid waste treatment standards, act of recombining ASR waste streams from same process is not impermissible dilution (SEE ALSO: 64 FR 25408, 25411; 5/11/99).
 
10/01/1999LAND DISPOSAL RESTRICTIONS (LDR) TREATMENT STANDARDS AND DISPOSAL OPTIONS FOR CONTAMINATED SOILQuestion & Answer
 Description: Alternative land disposal restrictions (LDR) soil treatment standards require that all constituents subject to treatment be treated to 90 percent reduction capped at 10 times universal treatment standard (UTS) level. Hazardous contaminated soil that exhibits toxicity characteristic when generated may be disposed in Subtitle D landfill or placed back on the land once soil meets LDR treatment requirements and is decharacterized. Hazardous contaminated soil that exhibits toxicity characteristic when generated that meets LDR treatment requirements but is not decharacterized must be disposed in a Subtitle C landfill.
 
08/01/1999State Scrap Tire Programs: A Quick Reference Guide, 1999 UpdatePublication
 Description: This reference guide summarizes each state's scrap tire management legislation and programs in a matrix for each state program. It is intended to provide state regulators, as well as members of industry, with a quick reference on state scrap tire programs across the country. Information provided in the matrix includes state contacts; legislation and regulations about scrap tires; funding sources and fees authorized by the state, regulations applicable to collectors, sellers, and haulers; the storage and processor regulations; disposal restrictions; financial and market incentives to available to foster better scrap tire disposal/recycling management and reduction; and any other relevant information, such as special field tests or innovative uses for scrap tires.
 
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.
 
06/01/1999SPENT SULFURIC ACID EXCLUSION AND USE CONSTITUTING DISPOSALQuestion & Answer
 Description: Spent sulfuric acid used to produce virgin sulfuric acid per 261.4(a)(7) is not a solid waste, regardless of how the facility subsequently utilizes the virgin sulfuric acid. Excluded sulfuric acid incorporated into a fertilizer is not waste-derived and is not regulated when applied to the land. The entire recycling process must be considered for a material not specifically excluded under 261.4(a).
 
05/20/1999CLASSIFICATION AND DISPOSAL OF UNUSED FLAMELESS RATION HEATERSMemo
 Description: Unused Flameless Ration Heaters (FRH) for the Army’s Meals Ready to Eat (MRE) may be a reactive (D003) hazardous waste when disposed. The Department of the Army (DOA) has developed several management options for FRHs including reuse, incineration, and/or treatment and disposal. Products that have not been used, and which are to be used for their original purpose, are generally not wastes under RCRA. Unused commercial chemical products (CCPs) being reclaimed are not regulated as wastes. FRHs may be reacted with water and then disposed of as ordinary wastes if treatment is conducted in accordance with applicable requirements and if land disposal restrictions (LDR) requirements are met before land disposal. Some states may have more stringent requirements. The disposal of spent FRH materials, following normal use to heat a MRE, is not disposal of a hazardous waste.
 
02/09/1999STORAGE AND DISPOSAL OF MIXED TRANSURANIC WASTE (MTRU) Memo
 Description: EPA extended enforcement policy to address cases where mixed wastes are inadequately treated and stored illegally. Policy requires generators to use any treatment technology or disposal capacity available or face potential enforcement action. Mixed waste must be safely stored in compliance with EPA regulations (SEE ALSO: 63 FR 59989; 11/6/98).
 
02/01/1999Preparing No-Migration Demonstrations for Municipal Solid Waste Disposal Facilities: A Screening ToolPublication
 Description: This document is designed to assist owners and operators of MSW landfills to rapidly, but tentatively, determine their likelihood of preparing a successful no-migration demonstration (NMD) under the groundwater monitoring exemptions in 40 CFR 258.50(b). This screening tool does not provide in-depth discussions of technical, site-specific factors that must be measured and modeled during the latter stages of preparing a NMD, nor does it provide a definitive process for issuing a NMD. The document instead presents a profile of information from 17 NMDs filed by owners of MSWLFs who were successful in securing no-migration exemptions, and includes a practical, step-by-step approach for applying major screening factors.
 
12/01/1998Environmental Fact Sheet: Generators' and Transporters' Responsibilities for Management and Disposal of Lead-Based Paint DebrisPublication
 Description: This fact sheet explains the proposed TC suspension for lead-based paint (LBP) debris and proposed TSCA LBP debris management standards from the perspective of LBP generators and transporters of LBP debris. The document outlines the disposal options under the proposed standards and summarizes the proposed management requirements.
 
12/01/1998Environmental Fact Sheet: Proposed Rule on the Management and Disposal of Lead-Based Paint DebrisPublication
 Description: This fact sheet summarizes the proposal to suspend current hazardous waste management requirements for lead-based paint debris. The document explains why this rule is needed, who is subject to the rule, and how people performing work in their homes are affected.
 
12/01/1998Environmental Fact Sheet: Questions and Answers; Proposed Rule on the Management and Disposal of Lead-Based Paint DebrisPublication
 Description: This fact sheet addresses who is impacted by the lead-based paint (LBP) debris management standards proposed under TSCA, the applicability of the proposed RCRA TC suspension, what LBP debris includes, contractor certification, and LBP debris management.
 
07/31/1998DISPOSAL OF VEHICLE FLUIDS AND USED OIL IN A WELL OR ON THE GROUNDMemo
 Description: Disposing of vehicle fluids and used oil in a well or on the ground is generally prohibited under federal and state law without a permit.
 
07/01/1998RCRA Organic Air Emission Standards for TSDFs and GeneratorsPublication
 Description: This document provides information about the requirements of RCRA organic air emission standards covered under 40 CFR Parts 264/265, subpart CC. It summarizes information about applicability, effective dates, tanks, surface impoundments, containers, miscellaneous units, inspection and monitoring requirements, and the difference between permitted and interim status facilities, and defines relevant terms.
 
03/01/1998CONTRACTORS AND HAZARDOUS WASTE TRAINING REQUIREMENTSQuestion & Answer
 Description: Contractors who meet the definition of facility personnel working at a TSDF or LQG facility are held to the same standards as non-contract personnel and therefore must complete the appropriate training program.
 
02/26/1998RULEMAKING PETITION FOR TRIVALENT CHROMIUM EXCLUSIONMemo
 Description: Discusses the three part criteria for excluding a chromium waste. Rulemaking petition to take advantage of trivalent chromium exclusion must be submitted to implementing agency (EPA or state) for review and approval. Filter cake from treatment of chrome-bearing wastewater is newly generated waste.
 
02/02/1998REGULATORY STATUS OF GASOLINE SPILLSMemo
 Description: A gasoline spill on the ground at a product storage facility could be a solid waste because the product has been discarded by being abandoned. Disposal of a hazardous waste has occurred if the spilled and abandoned material exhibits a characteristic. Spilled gasoline becomes a waste when it exits the unit, enters the environment, and is not promptly recovered or cleaned up. An implementing agency can require cleanup of a spill to site-specific levels. In rare cases, the spill area may be considered a land disposal unit (SEE ALSO: RPC# 9/29/1986-02). The recovered free product is potentially not a solid waste if it is reused for its original purpose or reclaimed.
 
02/01/1998Questions and Answers about Full Cost AccountingPublication
 Description: This brochure describes how full cost accounting works and how it can benefit communities that use it. The document provides a description of how the program integrates all of the costs associated with municipal solid waste disposal in order to better assess disposal costs.
 
08/12/1997SOLIDIFICATION OF K044 WITH POZZOLANIC MATERIALMemo
 Description: Solidification of K044 with pozzolanic material satisfies the land disposal restrictions (LDR) treatment standard. Solidified material can no longer exhibit the potential to form reactive residues and must not exhibit any hazardous waste characteristic.
 
08/01/1997The National Biennial RCRA Hazardous Waste Report (Based on 1995 Data): Executive SummaryPublication
 Description: This document presents information from EPA's 1995 Biennial Report,which collects and maintains information about generation, management, and final disposition of hazardous waste regulated by RCRA.
 
08/01/1997The National Biennial RCRA Hazardous Waste Report (Based on 1995 Data): List of Treatment, Storage, and Disposal Facilities in the United StatesPublication
 Description: This document presents information from EPA's 1995 Biennial Report, specifically providing a list of treatment, storage, and disposal facilities (TSDFs), including information on the nature, quantities and disposition of generated hazardous waste.
 
06/01/1997USE AS INGREDIENT NOT WITHIN SOLVENT LISTINGQuestion & Answer
 Description: The use of solvent as an ingredient is not covered by the spent solvent listings. Unused product being disposed would not carry an F listing if the unused solvent had been added as an ingredient. Unused product may be P or U listed when disposed if the solvent served as the sole active ingredient in the product.
 
04/07/1997ISSUANCE OF FINAL HWIR-MEDIA RULEMemo
 Description: EPA has reached agreement with Edison Electric Institute to amend their consent decree regarding Hazardous Waste Identification Rules (HWIR). The deadline for promulgation of HWIR-waste is now April 30, 2001 (SEE ALSO: 64 FR 63382; 11/19/99). The agreement also commits EPA to issue a final rule for HWIR-Media by June 30, 1998 (HWIR-Media finalized 63 FR 65873; 11/30/98). EPA’s policy of treating violations of land disposal storage restrictions (Section 3004(j)) with reduced, federal, enforcement priority for small volumes of mixed waste, is effective through April 1998. Prior to expiration of this policy EPA will determine whether an extension is warranted. The policy does not apply to any mixed waste for which treatment is currently available, or becomes available during the term of the policy (SEE ALSO: 64 FR 63464; 11/19/99).
 
04/07/1997REPROPOSAL OF HWIR WASTE RULE AND COMMERCIAL MIXED WASTESMemo
 Description: EPA will sign notice of proposed rulemaking by October 31, 1999, for the Hazardous Waste Identification Rule for Waste (HWIR-waste) (SEE ALSO: 64 FR 63382; 11/19/99). HWIR-waste will seek comment on, among other things, an exemption from hazardous waste disposal regulation, and other regulatory relief as appropriate, for commercial mixed waste (SEE ALSO: 64 FR 63464; 11/19/99). EPA plans to finalize a decision by April 30, 2001. EPA will recommend suspension of Part B permit collection for plants subject to the Atomic Energy Act (AEA) which need the permit solely for on-site storage of mixed waste. Such plants will remain subject to interim status standards. EPA may need to extend the storage prohibition enforcement policy for mixed waste.
 
03/17/1997REGULATORY STATUS OF LEAD SHOTMemo
 Description: A mixture of spent lead shot and gunpowder may be ignitable. Discusses the regulatory status of lead shot. Discharge of ammunition or lead shot is in the normal and expected use pattern of the product and does not constitute hazardous waste disposal. Ammunition, rounds, expended cartridges, and unexploded bullets that fall to the ground are not discarded (SEE ALSO: 62 FR 6622; 2/12/97). Lead shot may be considered scrap metal, not spent material, and exempt from regulation when recycled. The exemption extends only to the lead shot portion of the waste.
 
02/13/1997UNIVERSAL WASTE QUESTIONS AND ANSWERS DOCUMENTMemo
 Description: Presents a Universal Waste Questions and Answers Document. Addresses state authorization. Discusses the addition of wastes to the federal and state universal waste (UW) programs, fluorescent lamps (SEE ALSO: 64 FR 36466; 7/6/99), land disposal restrictions (LDR) recordkeeping requirements, the Mercury-Containing and Rechargeable Battery Management Act, batteries, pesticide collection programs, liability and enforcement, storage limits, mixtures of UW and hazardous waste, and manifesting.
 
02/01/1997DELAY OF CLOSUREQuestion & Answer
 Description: Owners and operators of hazardous waste surface impoundments, landfills, and land treatment units can delay the closure timetable beyond the 90-day period and allow the units to accept nonhazardous waste, if the units meet the conditions of Sections 264.113(d)/265.113(d). Owners or operators of tanks, containers, waste piles, and incinerators are not allowed to delay closure. These units must comply with all applicable closure standards before being able to accept nonhazardous waste.
 
02/01/1997FREQUENTLY ASKED QUESTIONS ON MIXED WASTEQuestion & Answer
 Description: Mixed waste (MW) is waste with a hazardous waste component and a radioactive component. MW is jointly regulated by both RCRA and the Atomic Energy Act (AEA).MW is regulated by EPA, DOE, and the Nuclear Regulatory Commission (NRC). MW is typically generated by nuclear power plants, industrial sites, research labs, and medical institutions. MW is subject to the land disposal restrictions (LDR). If no special MW treatment standard is listed, MW is subject to the normal treatment standard for the waste code. AEA regulations take precedence over RCRA regulations when they conflict.
 
02/01/1997K061, K062, AND F006 HTMR SLAG RESIDUES AND USE CONSTITUTING DISPOSALQuestion & Answer
 Description: EPA is reevaluating the proposal on standards for management and use of slag residues derived from high temperature metals recovery (HTMR) treatment of K061, K062, and F006 wastes (12/29/94; 59 FR 67256). EPA may withdraw, repropose, or request additional comment. Use of K061, K062, and F006 slag residue as anti-skid/deicing material is prohibited. Use constituting disposal of slag residue is subject to Section 266.20(b).
 
02/01/1997UNIVERSAL WASTE CONSOLIDATION POINT REGULATIONQuestion & Answer
 Description: A facility that consolidates or collects universal waste from generators or other handlers meets the definition of a universal waste handler, provided the waste is sent on to other handlers, recyclers, or treatment or disposal facilities. If a facility has several locations that serve as consolidation points, each location is regulated as a separate handler. Additional RCRA requirements may apply if the facility is also handling other types of hazardous waste (i.e., non-universal waste).
 
01/08/1997USE OF SITE-SPECIFIC LAND DISPOSAL RESTRICTION TREATABILITY VARIANCES UNDER 40 CFR 268.44(H) DURING CLEANUPSMemo
 Description: The land disposal restriction (LDR) program requires treatment or placement of waste in no migration unit before placement on land. Discusses treatability variance procedures and minimum requirements for alternative treatment standards (ATT). ATT should consider risk-based cleanup standards. Site-specific treatability variances (SSTV) may be appropriate when the (LDR) treatment standard is unachievable or inappropriate. SSTV may only address some constituents. SSTV is generally appropriate for contaminated soil during corrective action cleanup (SUPERSEDED: see 63 FR 28556; 5/26/98). SSTV approval for soils is delegated to Regions. Discusses SSTV and state authorization. Not all remediation waste is subject to LDR (e.g., LDR not applicable unless waste placed on land before effective date of prohibition). Placement does not occur when hazardous waste is consolidated within a land disposal unit, when waste is treated in-situ, or when the waste is left in place (capped).
 
01/01/1997LAND DISPOSAL RESTRICTION NOTIFICATION REQUIREMENTS FOR DECHARACTERIZED MIXED WASTE SENT TO AN ATOMIC ENERGY ACT LANDFILLQuestion & Answer
 Description: A generator treating prohibited characteristic mixed waste and rendering it nonhazardous must send a one-time notification and certification to EPA Region or authorized state if waste is sent to Atomic Energy Act (AEA) landfill; because 4004 prohibits open dumping of solid waste, the decharacterized waste can be sent to AEA landfill only if it meets Subtitle D criteria of Part 257 or 258
 
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.
 
11/25/1996MERCURY-CONTAINING AND RECHARGEABLE BATTERY MANAGEMENT ACTMemo
 Description: The Mercury-Containing and Rechargeable Battery Management Act is effective nationwide on May 13, 1996. Two goals are to limit mercury (Hg) content in consumer batteries, and to promote recycling and proper disposal of used rechargeable nickel cadmium (NiCad) batteries, sealed small lead-acid batteries, and other widely used rechargeable batteries. Law limits Hg content of batteries and prohibits the sale of some Hg-containing batteries. Law requires uniform labeling and requires that collection, storage, and transportation be in accordance with the Universal Waste (UW) standards of Part 273. Law prohibits states from imposing standards not identical to UW standards. Law is not an amendment to RCRA. EPA is investigating implications on RCRA state authorization and is developing a codification rule.
 
11/13/1996DEFINITION OF SOLID WASTE ISSUES RELATED TO CLEANUP OF CULPEPER WOOD PROCESSING FACILITYMemo
 Description: OSW defers to authorized states and regional offices regarding site specific issues. Wastes which undergo some reclamation, including filtration, are not eligible for the use/reuse exclusion. The use/reuse exemption can apply where material is managed in a land based unit, provided waste is not reclaimed, used in a manner constituting disposal, or used to make a product placed on the land.
 
11/01/1996National Capacity Assessment Report: Capacity Planning Pursuant to CERCLA Section 104(c)(9)Publication
 Description: Discusses CERCLA Section 104(c)(9), which requires states to assure that adequate capacity exists to treat and dispose of hazardous wastes. Describes EPA's requirement that adequate national capacity exists and the methodology and data used to conduct the assessment used to make this . Appendices include demand data submitted by the states, commercial capacity data submitted by the states, adjustments to commercial capacity data, list of facilities, and Capacity Assurance Plan management categories. 530-R-94-040 is draft version.
 
11/01/1996RECYCLING PRESUMPTION UNDER PART 279Question & Answer
 Description: A generator is not required to conduct a hazardous waste determination for used oil sent to a processor for recycling, even if the processor eventually disposes of the used oil. The used oil handler must conduct a hazardous waste determination when the handler decides that the used oil will be disposed.
 
09/23/1996APPLICABILITY OF RCRA REGULATIONS TO CHEMICAL FLOCCULATION UNITS WHEN USED TO TREAT WASH WATER FROM AIRCRAFT ENGINESMemo
 Description: A chemical flocculation unit treating cadmium contaminated wash water requires a hazardous waste treatment permit, unless the unit meets an exemption. If the unit is a tank meeting the definition of a wastewater treatment unit (WWTU), or a tank or container regulated as a generator accumulation unit, the unit is exempt from permitting. Treatment sludge generated in the unit must be managed as a hazardous waste if it exhibits a characteristic. Land disposal restrictions (LDR) apply to the treatment sludge and the original wash water.
 
09/01/1996PCB WASTES AS HAZARDOUS WASTESQuestion & Answer
 Description: PCBs are not listed RCRA hazardous wastes. It is possible that PCBs will be present as incidental contaminants in a listed hazardous waste (e.g., solvent used to remove PCBs from transformers). Typically PCBs do not exhibit a characteristic. Wastes that are hazardous for TC waste codes D018-43 and contain PCBs are exempt under RCRA if regulated under TSCA. Waste containing PCBs and not qualifying for the Section 261.8 exemption is fully subject to RCRA. Land disposal restrictions has special standards for PCB wastes (California List) per Section 3004(d)(2)(D) and 3004(d)(2)(E) (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
08/01/1996DEFINITION OF COMMERCIAL CHEMICAL PRODUCT FOR SOLID WASTE DETERMINATION VS. HAZARDOUS WASTE IDENTIFICATIONQuestion & Answer
 Description: Discusses the definition of commercial chemical product (CCP) for purposes of definition of solid waste v. for purposes of definition of P-listed or U-listed hazardous waste. For purposes of the P- and U-lists, EPA intended to include only those CCPs and manufacturing chemical intermediates known by generic name listed in Section 261.33. P- and U- listed wastes exclude manufactured articles such as thermometers and fluorescent lamps. For purposes of Section 261.2, CCP means all types of unused commercial products, whether chemicals or not. Off-specification thermometers going for reclamation are CCPs going for reclamation and are not solid wastes. Thermometers going for disposal are not U151 and are only regulated if characteristic.
 
07/05/1996CLARIFICATION OF THE DEFINITION OF COMMERCIALLY AVAILABLE TREATMENT TECHNOLOGY & DISPOSAL CAPACITY VIS-A-VIS RCRA SECTION 3004(J)Memo
 Description: EPA’s policy on enforcement of the Section 3004(j) storage prohibition for facilities generating radioactive mixed waste does not exclude legitimate recycling facilities from the definition of commercially available treatment technology and disposal capacity. EPA does not extend the enforcement policy to generators that do not take advantage of legitimate recycling opportunities (SEE ALSO: 64 FR 63464; 11/19/99).
 
07/01/1996REGULATION OF LEACHATE COLLECTION SUMPSQuestion & Answer
 Description: Although a sump meets the definition of a tank, a leachate collection sump at a landfill is not subject to Subpart J tank standards because it is an integral part of the landfill liner system.
 
06/11/1996USE OF WASTE LEATHER TRIMMINGS IN THE MANUFACTURE OF ABSORBED MATERIALSMemo
 Description: Waste leather trimmings used to manufacture adsorbent product are not eligible for the Section 261.2(e) use/reuse exemption if they are used in a manner constituting disposal. Leather trimmings (and products containing these trimmings) that only exhibit a characteristic for chromium are exempt from hazardous waste regulation under the trivalent chromium exclusion, even when placed on the land. The section 261.4(b)(6) exclusion does not extend to a mixture of sorbent with spilled material (i.e., adsorbent-waste mixture must be evaluated as a newly-generated waste). Shredding and grinding leather trimmings in order to attain a required particle size is not reclamation.
 
06/01/1996Environmental Fact Sheet: Standards Issued for Nonmunicipal Solid Waste Units that Receive CESQG Hazardous WastePublication
 Description: Announces the promulgation of standards for nonmunicipal solid waste units that receive hazardous waste from CESQGs. Explains new technical standards for nonmunicipal nonhazardous waste disposal units that receive CESQG hazardous wastes; these include location restrictions, groundwater monitoring requirements, and corrective action standards. Describes the three types of facilities that might receive CESQG waste and how they might be affected by this rule.
 
06/01/1996HAZARDOUS WASTE LIQUID-CONTAINING PUMPS AND THE LIQUIDS IN LANDFILLS PROHIBITIONQuestion & Answer
 Description: Owners and operators have three options for disposing of containerized liquids in landfills: remove liquid, add sorbent or solidify, or eliminate by other means. There is no requirement to dismantle pumps containing free liquids prior to disposal in a landfill under the liquid in landfill prohibition. There is no requirement to remove or sorb free liquids in containers such as pumps holding liquids for use other than storage.
 
05/30/1996STATUS 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).
 
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).
 
03/25/1996SCOPE AND APPLICABILITY OF THE AREA OF CONTAMINATION (AOC)Memo
 Description: The letter from Lowrance to Green (RPC# 6/11/92-01) reflects the current agency area of contamination (AOC) policy. Movement of media within an AOC does not trigger RCRA, including land disposal restrictions (LDR). The AOC concept can be applied in a remediation action that is not overseen by a government agency. An AOC does not shield a facility from state or federal cleanup requirements.
 
03/07/1996INDUSTRIAL WIPERS AND THE HAZARDOUS WASTE IDENTIFICATION RULEMemo
 Description: Discusses possible factors to consider in a future rulemaking on disposable and reusable rags and wipers contaminated with solvents (SEE ALSO: RPC# 10/27/94-01 and RPC# 2/14/94-01).
 
02/27/1996CLARIFICATION OF THE ""MIXTURE RULE,"" THE ""CONTAINED-IN"" POLICY, LDR ISSUES, AND ""POINT OF GENERATION"" FOR U096Memo
 Description: U096 spilled on soil is subject to the contained-in policy. The contained-in policy does not specify levels at which contained-in determinations must be made. EPA leaves contained-in determinations to the discretion of the implementing agency. Under the Section 261.3(a)(2)(iii) mixture rule exemption, mixture of hazardous waste listed solely for exhibiting a characteristic (e.g., U096) and solid waste that no longer exhibits a characteristic can be disposed in a subtitle D landfill, but must still meet land disposal restrictions treatment standards (SEE ALSO: 268.3; 61 FR 18780; 4/29/96; 66 FR 27266; 5/16/01).
 
02/20/1996CLARIFICATION OF RCRA CORRECTIVE ACTION PROGRAM WITH REGARD TO TSD UNITSMemo
 Description: RCRA regulated units (surface impoundments, waste piles, land treatment units, and landfills) are solid waste management units (SWMUs). SWMUs are subject to RCRA corrective action authority (i.e., Sections 3004(u) or 3008(h)). Discusses integrated implementation of corrective action for releases to groundwater and other media from regulated units (SEE ALSO: Section 264.90(f) and 63 FR 56710; 10/22/98)). Dual authority is required when conducting cleanup at a regulated unit in a state authorized for RCRA groundwater requirements but not for corrective action. Changes necessary to comply with a corrective action order are exempt from the reconstruction limit. Closure need not be delayed to perform corrective action. EPA encourages coordination between closure and corrective action activities.
 
02/08/1996APPLICABILITY OF LAND DISPOSAL RESTRICTIONS TO WIPP-DESTINED TRANSURANIC MIXED WASTEMemo
 Description: Land disposal restrictions no migration demonstration is not necessary for waste destined for disposal at the Waste Isolation Pilot Plant (WIPP). Compliance with AEA and WIPP Compliance Criteria adequately protects human health and the environment. Risks specific to hazardous waste during the operational phase of WIPP can be addressed through RCRA permit requirements. Miscellaneous unit standards require the prevention of releases that may cause adverse effects.
 
02/01/1996CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS TREATING IN ELEMENTARY NEUTRALIZATION UNITSQuestion & Answer
 Description: Conditionally exempt small quantity generators (CESQGs) may treat hazardous waste in elementary neutralization units (ENU) without meeting Sections 261.5(f)(3) and (g)(3) standards. ENUs are exempt from treatment, storage, disposal, and permitting standards.
 
02/01/1996Reglamento de Residuos Universales (Spanish - The Universal Waste Rule Brochure)Publication
 Description: Spanish version of The Universal Waste Rule: Brochure. This flyer provides an overview of EPA’s Universal Waste Rule which is designed to reduce the amount of hazardous waste in the municipal solid waste stream, encourage recycling and proper disposal of certain common hazardous wastes, and reduce the regulatory burden on businesses that generate these wastes. The document includes an overview of what universal wastes are, who is affected by the rule, and the states role in implementation.
 
01/26/1996LAND DISPOSAL RESTRICTIONS; PHASE IV SUPPLEMENTAL PROPOSAL ON MINERAL PROCESSING WASTESMemo
 Description: The Phase IV Bevill proposal (61 FR 2338; 1/25/96) would clarify the distinction between in-process materials and wastes in the Bevill exemption for mining and mineral processing wastes. The notice proposes retaining the TCLP and the classification of several wastes, including five smelting wastes that were previously lifted, iron chloride waste acid, and wastes from lightweight aggregate production. The notice proposes to exclude processed scrap metal and shredded circuit boards that are destined for metal recovery and managed in containers. The notice proposes to significantly reduce the land disposal restrictions (LDR) paperwork requirements that apply to hazardous waste generally (SEE ALSO: Phase IV Final Rule, 63 FR 28556; 5/26/98).
 
10/16/1995ADMINISTRATIVE STAY OF USED OIL REGULATORY PROVISIONSMemo
 Description: The administrative stay for used oil (UO) and characteristic hazardous waste (HW) mixtures applies only to 279.10(b)(2). All UO and characteristic HW mixtures are subject to land disposal restrictions, even if they are no longer characteristic. Treatment of a UO mixture or residuals for underlying constituents or by a specified technology may be required (SUPERSEDED: See 61 FR 33691; 6/28/96).
 
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.
 
09/15/1995CLARIFICATION OF THE RCRA "CONTAINED-IN" POLICYMemo
 Description: Pursuant to the contained-in policy, environmental media that contains listed hazardous waste (HW) must be managed as HW because, and only so long as, it contains listed HW (SEE ALSO: 66 FR 27266; 5/16/01). Regions and authorized States may apply the contained-in policy to determine site-, media-, exposure pathway-, and contaminant-specific levels either before or after treating media and use any mechanism to document these decisions. A state must only be authorized for part of the base program under which a waste of concern is hazardous to make the contained-in determination. The land disposal restrictions (LDR) treatment standards attach at the point of generation and apply to media that no longer contain HW, and to media exhibiting a characteristic that is subsequently treated to eliminate the characteristic. Contaminated media (groundwater (GW), soil, surface water) is not considered a solid waste (abandoned, recycled, or inherently waste-like). The in-situ treatment and movement of contaminated media within an area of contamination (AOC) is not land disposal. Pursuant to RCRA 3020(b), GW may be treated during a cleanup action and reinjected into an aquifer without meeting LDR. EPA encourages individuals who believe that the universal treatment standards (UTS) are not appropriate for their contaminated media to apply for a site-specific treatability variance (SEE ALSO: 63 FR 28556; 5/26/98).
 
06/14/1995INTERPRETATION OF THE PHRASE ""WHICH CAN BE REASONABLY EXPECTED TO BE PRESENT"" FOR SOIL THAT EXHIBITS THE TOXICITY CHARACTERISTICMemo
 Description: When preparing land disposal restrictions (LDR) notification for D001, D002, D012-43 soils, constituents “reasonably expected to be present” would include all constituents above universal treatment standards (UTS) levels. In remediation, the point of generation is the point at which contaminated soil is picked up (SEE ALSO: 63 FR 28556; 5/26/98).
 
06/01/1995DESIGN CRITERIA EXEMPTION FOR SMALL, ARID, REMOTE MUNICIPAL SOLID WASTE LANDFILLSQuestion & Answer
 Description: Small municipal solid waste landfills (MSWLFs) in arid or remote areas (those that are exempt from MSWLF design criteria provided there is no groundwater contamination) must work towards compliance with design standards immediately upon the discovery of contamination.
 
06/01/1995SPENT LEAD-ACID BATTERIES AND COUNTING REQUIREMENTSQuestion & Answer
 Description: Spent lead-acid batteries (battery) that will be reclaimed are not subject to the generator’s monthly counting requirements. Wastes are counted only if they are subject to substantive regulation. Substantive regulations are those regulations which directly relate to storage, treatment, or disposal (SEE ALSO: Part 273).
 
05/04/1995UNIVERSAL TREATMENT STANDARDS FOR CARBON DISULFIDE IN WASTEWATERMemo
 Description: The land disposal restrictions (LDR) universal treatment standards (UTS) for carbon disulfide in wastewater are derived from data supplied by industry. Discusses how EPA sets the UTS to produce a standard that is universally achievable. The UTS reflect the most difficult to treat waste.
 
05/01/1995Environmental Fact Sheet: Proposed Standards for Nonmunicipal Solid Waste FacilitiesPublication
 Description: Describes proposed regulations for disposal facilities that may receive waste from conditionally exempt small quantity generators (CESQG). Announces EPA's intention to impose less costly requirements that adequately protect human health and the environment because risks from these facilities are relatively small.
 
04/05/1995DELAY RULE FOR SUBTITLE D FINANCIAL ASSURANCEMemo
 Description: April 9, 1997 is the new deadline for municipal solid waste landfills to obtain financial assurance. This delay will allow the development of local government and corporate financial test mechanisms.
 
03/15/1995Report to Congress on Flow Control and Municipal Solid WastePublication
 Description: This report discusses flow controls, defined as legal authorities used by state and local governments to designate where municipal solid waste (MSW) must be taken for processing, treatment, or disposal. This report presents a comparative review of states with and without flow control authority, identifies the impact of flow control ordinances on protection of human health and the environment, and characterizes the impact of flow control on the development of state and local waste management capacity and on the achievement of state and local goals for source reduction, reuse, and recycling. Appendices include a summary of public comments on flow control; legal decisions concerning MSW flow controls; a summary matrix of state flow control authorities; flow control case studies; and technical analyses of waste generation, composting, recycling, waste-to-energy, and landfills.
 
03/07/1995APPLICABILITY OF THE HOUSEHOLD WASTE EXCLUSION TO LEAD-CONTAMINATED SOILMemo
 Description: Lead-contaminated soil at a residence is exempt household hazardous waste (HHW) if it is the result of routine stripping and painting or natural weathering of lead-based paint (LBP). LBP chips from stripping and repainting of residence walls by an owner or contractor are HHW. Construction, renovation, or demolition debris is not HHW (SUPERSEDED: See RPC# 7/31/00-01). Waste generated by home health care providers may be HHW. Media and debris contaminated by residential heating oil tanks are household hazardous waste (HHW). Covering residential soil containing hazardous waste with sod, mulch, or gravel does not constitute generation, treatment, or disposal of hazardous waste and triggers no Subtitle C obligations. HHW mixed with a regulated hazardous waste is subject to Subtitle C regulation. The Subtitle D regulations (Part 257 open dumping rules and Part 258 municipal solid waste landfill regulations) may not apply to household waste disposed on residential property.
 
03/01/1995DEFINITION OF FORMERLY BEVILL EXEMPT WASTEQuestion & Answer
 Description: Discusses the history of the Section 261.4(b)(7) Bevill mining and mineral processing waste exclusion. All mineral processing wastes not currently identified in Section 261.4(b)(7) are newly identified and are not subject to the land disposal restrictions (LDR) until EPA promulgates treatment standards (SUPERSEDED: see 63 FR 28556; 5/26/98).
 
02/16/1995RESPONSE TO PETITION ON PROHIBITION OF USE OF SLAG FROM HIGH TEMPERATURE METALS RECOVERY AS ANTI-SKID/DEICING AGENTMemo
 Description: The 266.20 use constituting disposal regulations effectively prohibit the use of slag derived from high temperature metals recovery (HTMR) of K061, K062, and F006 for anti-skid or deicing agents. HTMR residues may contain high concentrations of metals. EPA is not confident that K061, K062, and F006 used in this manner have been treated to minimize any threat.
 
02/15/1995Environmental Fact Sheet: EPA Proposes Concentration-Based Treatment Standards for Hazardous Constituents Found in Characteristic Wastes Managed in Clean Water Act SystemsPublication
 Description: Announces EPA's proposed innovative compliance options for meeting requirements posed by the DC Circuit Court's opinion on the Third Third land disposal restrictions for ignitable, corrosive, and reactive wastes. Addresses ways to integrate overlapping requirements under the Clean Water Act and RCRA statutes to avoid duplication.
 
02/01/1995The National Biennial RCRA Hazardous Waste Report (Based on 1993 Data); List of Treatment, Storage, and Disposal Facilities in the United StatesPublication
 Description: This document identifies every hazardous waste manager in the United States that reported itself to be a treatment, storage or disposal facility in 1993.
 
01/30/1995INCLUSION OF EMISSIONS FROM OB/OD UNITS IN THE HEALTH RISK ASSESSMENT FOR A CHEMICAL AGENT DISPOSAL FACILITYMemo
 Description: Risk assessment at combustion units should include air emissions from all sources integral to the operation (e.g., storage, blending, handling). Open-burning/ open-detonation (OB/OD) units that are not integral to chemical agent disposal would not need to be included in the risk assessment.
 
01/01/1995THE LIQUIDS IN LANDFILLS PROHIBITION AND SORBED FREE LIQUIDSQuestion & Answer
 Description: Wastes which contain free liquids and are containerized may be treated with a nonbiodegradeable sorbent and placed in a landfill. A non- containerized waste containing free liquids must be treated without absorbents before landfilling. Discusses chemical stabilization v. absorption criteria.
 
12/23/1994HAZARDOUS WASTE DETERMINATION OF ""NICKEL MATTE"" BY-PRODUCTMemo
 Description: Nickel matte being reclaimed in China may be solid waste if it will be used in manner constituting disposal. A Basel Convention party may not import Basel-covered waste from non-parties.
 
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.
 
12/19/1994UNIVERSAL TREATMENT STANDARDS AUTHORIZATION IMPLICATIONSMemo
 Description: Changes to the land disposal restrictions (LDR) standards due to the new universal treatment standards (UTS) are not immediately effective in states authorized for LDR. The standards for newly listed wastes are immediately effective in all states.
 
12/16/1994BUBBLER CANISTERS CONTAINING PHOSPHOROUS OXYCHLORIDE ARE NOT WASTE WHEN RETURNED TO THE UNITED STATES FROM JAPAN FOR REGENERATIONMemo
 Description: Bubbler canisters containing unused phosphorous oxychloride is a commercial chemical product (CCP) when reclaimed and not solid waste. A partially empty bubbler canister which is recharged by adding new phosphorous oxychloride to residual phosphorous oxychloride left in the bubbler is continued use of a product, not waste. The bubbler canister is not subject to OECD provisions when imported into U.S. for reclamation, because the bubbler canister is not subject to U.S. laws and regulations. Phosphorous oxychloride is highly corrosive and reacts violently with water, and therefore could be a reactive or corrosive characteristic hazardous waste if it is a solid waste. It is inappropriate to discharge untreated phosphorous oxychloride to a wastewater treatment system or to land dispose. Phosphorous oxychloride is hazardous reactive (D003) and possibly corrosive (D002) when discarded. Phosphorous oxychloride can be destroyed through the addition of a sodium hydroxide solution.
 
12/05/1994LAND DISPOSAL RESTRICTIONS WASTE IDENTIFICATION REQUIREMENTS FOR ORGANIC HAZARDOUS WASTESMemo
 Description: If the waste code for a listed waste includes a treatment standard for the constituent that causes waste to exhibit a characteristic, only the listed waste code needs to be identified for purposes of land disposal restrictions (LDR). The treatment standard for the characteristic waste, including requirement to treat for underlying hazardous constituents does not have to be met.
 
11/10/1994CLARIFICATION OF HOW PROVISIONS IN CERCLA APPLY TO ""SERVICE STATION DEALERS"" THAT HANDLE USED OILMemo
 Description: Clarification of the exemption from CERCLA liability for service station dealers (SSDs) is provided. Fast lube services are eligible for the SSD exemption if they accept Do-It-Yourself (DIY) oil and receive significant income from vehicle maintenance. The SSD exemption applies to both DIY used oil and used oil from customer vehicles. The 279 used oil standards apply to all used oil that is destined for recycling. EPA presumes that used oil will be recycled unless it is being disposed of, or being transported or stored prior to disposal.
 
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.
 
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).
 
10/06/1994CLARIFICATION OF CERTAIN ASPECTS OF 40 CFR 268 DEBRIS REGULATIONSMemo
 Description: Discusses the definition of debris. For mixtures of debris and non-debris material, EPA has not defined primarily. A mixture is defined as debris if the volume of debris is greater than each of the other components or if the volume is at least 50 percent of the mixture of two components. Deliberate mixing of debris with other waste to meet the definition is impermissible dilution. Discusses land disposal restrictions (LDR) and state authorization.
 
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)
 
09/29/1994APPLICABILITY OF CERCLA TO MERCURY-CONTAINING LAMPS AND PCB-CONTAINING BALLASTSMemo
 Description: Disposal of fluorescent lamps in a hazardous waste landfill is exempt from CERCLA reporting, but not from CERCLA liability or response provisions. The disposal of fluorescent lamps or ballasts in a Subtitle D landfill or a TSCA landfill is not exempt from CERCLA release reporting requirements.
 
09/15/1994National Biennial RCRA Hazardous Waste Report (Based on 1991 Data): Executive SummaryPublication
 Description: Provides an overview of national hazardous waste generation and management practices, based on EPA's 1991 biennial report. Includes tables showing quantity of RCRA hazardous waste generated and number of hazardous waste generators by state and quantity of RCRA hazardous waste managed and number of treatment, storage, and disposal facilities by state.
 
09/15/1994National Biennial RCRA Hazardous Waste Report (Based on 1991 Data): List of Treatment, Storage, and Disposal Facilities in the United StatesPublication
 Description: Lists treatment, storage, and disposal facilities, as identified by EPA's 1991 biennial report. Lists facilities by state. Includes a facility's EPA identification number, name, location, and RCRA tons managed.
 
08/15/1994Environmental Fact Sheet: Certain Hazardous Waste Slag Uses Now Subject to RegulationPublication
 Description: This fact sheet discusses regulations that prohibits anti skid/deicing uses of high-temperature metal recovery (HTMR) slag residues derived from hazardous wastes K061, K062, and F006, as waste-derived products placed on the land. The rule does not prohibit this use when these wastes comply with all federal requirements for the land disposal of hazardous waste and does not prohibit other uses of HTMR slags that comply with EPA requirements.
 
08/15/1994Environmental Fact Sheet: EPA Simplifies Land Disposal Restrictions by Establishing a Set of Universal Treatment Standards, and Finalizes Treatment Standards for 42 Newly Listed and Identified WastesPublication
 Description: This fact sheet discusses the promulgation of a set of universal treatment standards for more than 200 constituents in an effort to simplify the land disposal restrictions (LDR) program. The rule also finalizes LDR treatment standards for 42 newly listed or identified wastes, including coke by-product wastes, chlorotoluene wastes, and organic toxicity characteristic (TC) wastes, and promulgates regulations requiring TC pesticide and highly concentrated ignitable wastes be treated and not merely diluted prior to injection in Class I nonhazardous deep injection wells. The fact sheet includes a table of regulated hazardous organic constituents, wastewater concentration total composition (mg/L), and nonwastewater concentration total composition (mg/L).
 
08/15/1994Technical Report: Design and Evaluation of Tailings DamsPublication
 Description: Presents an introduction to the subject of tailings dams and impoundments, particularly with regard to their engineering features and their ability to mitigate or minimize adverse effects to the environment. Provides an overview of the various methods used to dispose of mine tailings and the types of impoundments used. Describes the basic concepts used in the design of impoundments, including a number of site-specific variables of concern. Discusses tailings embankment and stability and addresses water management in tailings impoundments. Proffers a case study on a lined tailings impoundment. Includes an appendix with comments received on the draft document with EPA responses.
 
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.
 
07/21/1994REGULATORY INTERPRETATION FOR ION EXCHANGE RESIN USED FOR WATER REUSE ON ELECTROPLATING WASTEWATERSMemo
 Description: The sludge definition is tied to the type of unit in which a waste is generated, not the disposition of the treated effluent or the intent of processing. Ion exchange resin used to filter electroplating wastewater is F006 regardless of whether it exhibits a hazardous characteristic. The act of filtering contaminants from wastewater is pollution control and generates a sludge, even if the intent is to reclaim the wastewater for reuse in a production process.
 
07/19/1994INTERPRETATION OF THE REPORTING REQUIREMENTS OF 40 CFR 270.30(1)(10)Memo
 Description: The obligation to report non-compliance does not apply to insignificant recordkeeping violations that are one-time occurrences immediately corrected. Repeated violations do constitute a reportable non-compliance. When in doubt, a facility should report non-compliance. Violations of waste handling, disposal prohibitions, and facility safety should be reported, even if insignificant.
 
07/18/1994WASTE MINIMIZATION REQUIREMENTS OF SECTION 3002(B) OF RCRA FOR HAZARDOUS WASTE DISPOSAL FACILITIESMemo
 Description: The 3005(h) waste minimization and certification requirements apply to an owner of a landfill that generates and has a RCRA Subtitle C treatment permit for F039 leachate. If the owner is a large quantity generator (LQG) and sends the waste off-site, the owner is also subject to the 3002(b) waste minimization requirements. There is no statutory exemption from waste minimization certification for facilities generating remedial waste.
 
07/15/1994APPLICABILITY 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)).
 
07/15/1994Environmental Fact Sheet: Properly Managing Used Oil FiltersPublication
 Description: This fact sheet discusses the recycling or proper disposal of used oil filters and their parts and includes a checklist for properly draining oil filters.
 
07/11/1994APPLICABILITY OF RCRA USED OIL REGULATIONS TO USED OIL CONTAINED IN DISCARDED HOUSEHOLD APPLIANCESMemo
 Description: Discarded household appliances containing used oil are regulated under Part 279 if the oil is recycled, and as hazardous waste if the oil is characteristic and disposed. Chlorinated fluorocarbon (CFC)-contaminated used oil is exempt from the rebuttable presumption at the point of draining provided the CFCs will be reclaimed. Removal of CFCs is not treatment. Appliances from which used oil has been removed such that no visible signs of free-flowing oil remain in or on the material are not subject to Part 279.
 
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.
 
07/01/1994WASTE 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.
 
06/23/1994ON-SITE TREATMENT OF MANHOLE SEDIMENT WHICH MAY EXCEED THE TOXICITY CHARACTERISTIC FOR LEADMemo
 Description: A material must exceed a 60 mm particle size to meet the debris definition. Debris stabilization with lime, fly ash, or portland cement is considered microencapsulation or immobilization and must be disposed of in hazardous waste landfill if characteristic, or may be disposed of in nonhazardous landfill if not characteristic. Nonhazardous disposal is subject to Section 268.9 for land disposal restrictions (LDR) notification, but not the hazardous waste manifest.
 
06/09/1994APPLICABILITY OF RCRA TO VARIOUS PRODUCTS (E.G., CLINKER, FERTILIZER) PRODUCED BY A CEMENT KILN EQUIPPED WITH A RECOVERY SCRUBBERMemo
 Description: Product clinker and fertilizer that are produced using previously landfilled Bevill exempt cement kiln dust are not subject to Subtitle C as long as the products are commercial grade, do not contain hazardous constituents in excess of those found in comparable products, and have met applicable land disposal restrictions (LDR) treatment standards (SEE ALSO: RPC# 5/17/94-01; 60 FR 6666; 2/7/95).
 
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.
 
06/03/1994CLARIFICATION OF RCRA REGULATIONS APPLICABLE TO HAZARDOUS DEBRISMemo
 Description: Removing contaminants from an intact building is waste generation, not treatment. An intact building is not considered discarded until it is destroyed. The removed material is eligible for the land disposal restrictions (LDR) 268.45 debris treatment standards if it meets the definition of debris.
 
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).
 
05/23/1994RCRA 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).
 
05/19/1994CLARIFICATION OF RCRA HAZARDOUS WASTE REGULATIONS AS THEY APPLY TO CERTAIN SECONDARY MATERIALSMemo
 Description: Hydrochloric acid (HCL) from air pollution control device may be a co-product. Discusses by-product vs co-product criteria, such as separate production streams, fit for end use, intentionally produced, market exists. HCl used as a pickling agent is not a solid waste. HCl injected as a fracturing agent is land disposed.
 
05/09/1994RECORDKEEPING REQUIREMENTS FOR SMALL QUANTITY GENERATORS SUBJECT TO LAND DISPOSAL RESTRICTIONSMemo
 Description: Small quantity generators are subject to the land disposal restrictions (LDR) program. Only CESQGs are exempt from Part 268. The manifest does not address all of the information required to comply with the Part 268 notification requirements.
 
05/09/1994REGULATORY REQUIREMENTS FOR ON-SITE TREATMENT OF OXYGEN BREATHING APPARATUS (OBA) CANISTERSMemo
 Description: Oxygen breathing apparatus (OBA) used by firefighters could qualify as exempt scrap metal when recycled. There is no need to determine if recycled scrap metal is a hazardous waste (HW). Emptying a steel OBA canister could be an exempt scrap steel recycling process if the canisters are to be recycled (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal). Emptying canisters to render them nonhazardous prior to disposal may be regulated treatment. HW canisters may be accumulated on-site without a permit under 262.34. Tanks meeting the wastewater treatment unit definition are exempt from permitting requirements.
 
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.
 
02/14/1994REGULATORY STATUS OF USED INDUSTRIAL WIPERS AND SHOP TOWELSMemo
 Description: Whether solvent-contaminated rags, wipers, or towels contain a listed hazardous waste, are mixed with a listed hazardous waste, only exhibit a characteristic, or are not a waste at all depends on site-specific factors that are best evaluated by the Region or state implementing agency. The laundering of wipers cannot be used as a means to disguise solvent disposal.
 
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.
 
02/01/1994REGULATORY STATUS OF SHELL OIL'S NORCO, LOUISIANA FACILITY DITCH SYSTEMMemo
 Description: A trough, trench, or ditch connected to a tank or sump is ancillary equipment. Unlined conveyance systems allowing leakage or a discharge is not ancillary equipment, and may be considered disposal, and may be considered a surface impoundment, miscellaneous, or solid waste management unit (SWMU) subject to corrective action. An unlined trough, trench, ditch that is retrofitted may meet the definition of ancillary equipment to tank and qualify for the wastewater treatment unit (WWTU) exemption.
 
01/26/1994RESPONSE TO PROPOSED PROCEDURE TO DECOMMISSION ALUMINUM CHAFF ROVING BUNDLESMemo
 Description: Aluminum chaff roving bundles could exhibit the reactivity characteristic (D003) for their propensity to release flammable hydrogen gas when they are exposed to moisture. The Part 268 land disposal restrictions (LDR) treatment standard for these wastes is deactivation, which is best achieved by washing them with an acidic solution (SUPERSEDED: treatment standard is deactivation and meet 268.48 standards, see 268.40). Compliance is evaluated based on the removal of the characteristic, not based on following a specified method of deactivation.
 
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.
 
01/05/1994THE EFFECT OF AN UPCOMING RULE ON NONHAZARDOUS UNDERGROUND INJECTION CONTROL WELLS AND ELEMENTARY NEUTRALIZATION UNITSMemo
 Description: Provides a summary of Phase III and characteristic wastes managed in CWA systems and underground injection control (UIC) wells. A nonhazardous UIC well is a land disposal unit. Waste disposed of in a well must meet land disposal restrictions (LDR) treatment standards or the unit will need a no-migration variance. LDR Phase III will not eliminate elementary neutralization units (ENU) but will require that wastes decharacterized in ENUs meet standards for underlying hazardous constituents (SUPERSEDED: see 61 FR 15660; April 8, 1996).
 
12/02/1993ELIGIBILITY OF IN-SITU VITRIFICATION TECHNOLOGY TO RESEARCH, DEVELOPMENT, AND DEMONSTRATION PERMITTINGMemo
 Description: Because in-situ vitrification (i.e., treatment) is not placement, it does not constitute disposal, and is eligible for a Research and Development (RDD) permit. Placement triggers land disposal restrictions, and is disposal, not treatment.
 
11/18/1993TREATMENT OF AN INHERENTLY HAZARDOUS DEBRIS THAT EXHIBITS THE TOXICITY CHARACTERISTIC FOR LEAD AND CADMIUMMemo
 Description: Debris can be treated using the alternative treatment standards or the waste specific land disposal restrictions (LDR) standards. Listed debris treated to the waste specific standard is still hazardous waste after treatment and must be disposed of in a Subtitle C unit. Characteristic debris, including inherently hazardous debris, may be disposed in a Subtitle D unit if no longer exhibits a characteristic.
 
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.
 
11/15/1993Solid Waste Disposal Facility Criteria: Technical ManualPublication
 Description: This document was updated in April 1998 with a new introduction. Addresses general applicability of the Part 258 criteria, location restrictions, operating requirements, design standards, groundwater monitoring and corrective action, and closure and postclosure care for landfills. Includes the regulatory language, a general explanation of the regulations and who must comply with them, key technical issues that may need to be addressed to ensure compliance with a particular requirement, and information sources. Written for municipal solid waste landfill owners and operators.
 
11/01/1993GENERATOR MANAGEMENT OF HAZARDOUS WASTE AND THE 90-DAY TREATMENT EXEMPTIONMemo
 Description: The transfer of waste to different tanks or containers does not affect the 262.34 generator accumulation unit treatment exemption. Although treatment may remove the hazardous characteristic, land disposal restrictions (LDR) requirements still apply, including 268.7(a)(4).
 
10/15/1993CLARIFICATION ON DISPOSAL OF SORBED MATERIALS IN HAZARDOUS WASTE LANDFILLS AND ON POZZOLANIC STABILIZATION OF SORBED MATERIALSMemo
 Description: Wastes treated with biodegradable sorbents cannot be placed in a landfill until after appropriate treatment. Chemical reagents such as pozzolanic stabilization and thermoplastic or organic binders are non- biodegradable sorbents and may be used to meet the liquid in landfill rule standards. Pozzolanic stabilization may not meet land disposal restrictions (LDR) treatment standards, but treatment that meets Part 268 standards generally meets Section 264.314(e) requirements.
 
10/12/1993APPLICABILITY OF THE PAINT FILTER LIQUIDS TEST TO SORBENTSMemo
 Description: Provides clarification on the performance of the paint filter liquids test (PFT, Method 9095). PFT is designed to verify that sorbed wastes do not contain free liquids for the purpose of the hazardous waste landfill regulations. PFT was not designed to evaluate the performance of one sorbent product relative to other sorbents. No wastes, whether sorbed or not, may be placed in a hazardous waste landfill if they release free liquids as determined by the PFT.
 
10/05/1993RESPONSE REGARDING NEEDLESTICK INJURIES IN THE SHARPS RECYCLING INDUSTRYMemo
 Description: EPA plans to update Disposal Tips for Home Health Care to emphasize that containers in which sharps are disposed should not be recycled.
 
10/04/1993POTENTIAL LIABILITY OF DISPOSAL FACILITIES WHEN DISPOSING OF CONTAMINATED DEBRISMemo
 Description: A disposal facilities remain responsible for ensuring that restricted wastes are disposed of in compliance with all applicable treatment standards. Disposal facilities can be liable for improper disposal of untreated waste. Disposal facilities should use their judgment on how to minimize their risk of liability. Strict liability applies under RCRA, so a facility can be liable for violation even if it acted in good faith, although good faith may mitigate penalties.
 
10/01/1993EFFECTIVE DATE DELAYED FOR CERTAIN MUNICIPAL SOLID WASTE LANDFILLSQuestion & Answer
 Description: Discusses the delay of the effective dates of municipal solid waste landfill criteria for certain landfills. Explains that the financial assurance effective date was extended to April 9, 1995. The groundwater monitoring exemption for very small, arid, and remote landfills has been removed.
 
09/23/1993REGULATORY STATUS OF THE MANUFACTURE AND USE OF WASTE-DERIVED FERTILIZERMemo
 Description: Flue dust used in the production of commercial fertilizer is a characteristic sludge used in a manner constituting disposal and is a solid waste. A solid waste determination is made at the point of generation.
 
09/20/1993REGULATORY DETERMINATION OF SPENT SOLDER BATHS, ALSO KNOWN AS ""POT DUMPS""Memo
 Description: Spent solder baths, or "pot dumps," meet the definition of scrap metal and are exempt when recycled. The 261.2(f) documentation applies to scrap metal that is conditionally exempt based on recycling. Scrap metal that will be recycled is still a solid waste and could be subject to Subtitle C regulation if it is abandoned through disposal (SEE ALSO: 261.4(a)(13)).
 
09/09/1993REGULATORY STATUS OF DRIP GAS GENERATED ALONG NATURAL GAS TRANSMISSION PIPELINESMemo
 Description: Addresses the regulatory status of drip gas from natural gas pipelines that is used as a solvent to remove paraffin buildup. Drip gas may be a hazardous waste used in a manner constituting disposal if it is a by-product rather than a legitimate product. Discusses the criteria for determining if the drip gas is a waste or a product.
 
08/18/1993APPLICABILITY OF LAND DISPOSAL RESTRICTIONS TO THE WASTE CODE CARRY THROUGH PRINCIPLEMemo
 Description: Residues from the treatment of waste with a land disposal restrictions (LDR) equivalent method variance may lose the waste code provided certain conditions are met. Discusses the applicability of the derived-from rule to such residues (SEE ALSO: 66 FR 27266; May 16, 2001).
 
06/03/1993USE OF ON-SITE PRECIPITATION PROCESS AS AN ACCEPTABLE PRETREATMENT STEP ADJUNCT TO MERCURY RETORTINGMemo
 Description: Mercury precipitation treatment cannot be used as a substitute for the required retorting treatment (RMERC) for the D009 high mercury subcategory. Precipitation process may be used as a pretreatment step. Generators can treat waste on-site without obtaining a permit, provided the generator accumulation provisions are met. Discusses generators subject to the land disposal restrictions (LDR) analysis plan notification.
 
05/06/1993CLARIFICATION OF THE TERM ""WHEN"" IN 40 CFR 261.2(C)Memo
 Description: The term "when" as used in 261.2 applies to the point that a material's ultimate disposition has been determined. Materials that are not solid wastes when they are reclaimed are exempt from the point of generation forward. Secondary materials that are excluded from the definition of solid waste based on claims of recycling are no longer exempt if the materials are accumulated speculatively prior to recycling. Respondents must be able to document their claims of legitimate recycling in accordance with 261.2(f).
 
05/06/1993WASTE MANAGEMENT OPTIONS FOR ZINC-CARBON BATTERIESMemo
 Description: Zinc-carbon batteries that contain cadmium are subject to land disposal restrictions (LDR) only if they fail the TCLP and extraction procedure (EP) (SUPERSEDED: see 63 FR 28556; May 26, 1998). Zinc-carbon batteries are not subject to the cadmium battery recycling standard. The applicable D006 treatment standard is based on stabilization (SEE ALSO: Part 273).
 
05/05/1993DISPOSAL OF SORBED LIQUIDS, PARTICULARLY "BIODEGRADABLE" SORBENTS IN WASTES DESTINED FOR HAZARDOUS WASTE LANDFILLSMemo
 Description: RCRA Section 3004(c)(2) prohibits the direct placement of liquids sorbed with biodegradable sorbents into hazardous waste landfills. Hazardous waste not landfilled may be absorbed by any type of sorbent.
 
05/01/1993WASTE CLASSIFIED AS BOTH F005 AND K086Question & Answer
 Description: Washes and sludges generated from cleaning an ink pigment mixing tub using an 80 percent toluene solvent is classified as F005 and K086. For purposes of land disposal restrictions (LDR), the generator must also determine applicable characteristics.
 
04/26/1993REGULATORY STATUS OF SOLID WASTE GENERATED FROM GOLD/MERCURY AMALGAM RETORTINGMemo
 Description: Solid wastes from gold/ mercury amalgam retorting are mineral processing wastes, not beneficiation AND EXTRACTION WASTES under the Bevill exemption for mining and mineral processing wastes. Mineral processing wastes disposed of prior to March 1, 1990, that are no longer exempt are not subject to Subtitle C controls unless actively managed. Active management includes physical disturbance of a site.
 
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).
 
04/15/1993Household Hazardous Waste: Steps to Safe ManagementPublication
 Description: This document describes household hazardous waste and the dangers of improper disposal and urges homeowners to reuse, recycle, and properly manage household hazardous waste.
 
03/15/1993Criteria for Solid Waste Disposal Facilities: A Guide for Owners/OperatorsPublication
 Description: This document provides owners and operators of municipal solid waste landfills basic information on the Subtitle D regulations, examining these regulations and issues of location, operation, design, groundwater monitoring, corrective action, closure, and financial assurance.
 
03/15/1993Safer Disposal for Solid Waste: The Federal Regulations for LandfillsPublication
 Description: Summarizes the federal regulations covering landfill location, operation, design, groundwater monitoring and corrective action, closure and postclosure care, and financial assurance. Gives owners/operators and local officials dates for compliance and additional sources of information.
 
03/05/1993U.S. WASTE MANAGEMENT PRACTICES FOR AUTOMOBILES AND AUTO SHREDDER RESIDUEMemo
 Description: Automobile shredder residue (ASR or fluff) and shredded appliances have the potential to exhibit characteristics, and may also contain PCBs above levels of regulatory concern. It is the generator's responsibility to determine whether ASR is hazardous waste before disposal. Provides the estimated ASR yearly generation. Most shredder residue is managed in solid waste (SW) landfills. Some states ban disposal of white goods (appliances) and autos from landfills or impose a consumer surcharge.
 
02/23/1993PROPER DISPOSAL OF SILVER NITRATE AND CHLOROFORM AS LABORATORY CHEMICALSMemo
 Description: The 261.3(a)(2)(iv)(E) exemption applies only to listed wastes, not to characteristic wastes. The exclusion applies to incidental losses of listed wastes from lab operations, not to deliberate discharges of chemicals that are not part of lab operations. The facility’s discharge must be subject to 402 or 307(b) of CWA. The concentration criteria may be based on either the total annualized average flow of lab wastewater or on the lab chemical concentration at the treatment system’s headworks. The exclusion is based on the total quantity of listed wastes from the lab’s operations. Land disposal restrictions (LDR) recordkeeping requirements may apply. The pretreatment of lab wastewaters may generate a characteristic sludge.
 
01/18/1993HAZARDOUS WASTE TESTING ISSUESMemo
 Description: EPA has no data that trivalent chromium oxidizes to hexavalent chromium in a landfill. The TCLP is based on co-disposal scenario. Methods 9010 and 9012 are suggested for a concentration of total cyanide and cyanide amenable to chlorination.
 
01/01/1993SOIL CASE-BY-CASE EXTENSIONQuestion & Answer
 Description: Discuses the scope and applicability of the soil case-by-case extension from the third third land disposal restrictions (LDR) rulemaking. Ended on May 8, 1993.
 
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.
 
12/01/1992STATUS OF ELECTRIC ARC FURNACE DUST INCORPORATED INTO GLASS FRITMemo
 Description: Electric arc furnace dust (K061) used as an ingredient in grit for abrasive blasting, roofing granules, or ceramics is not solid waste as long as the dust is not used in a manner constituting disposal. EPA does not generally consider an end use as roofing granules, glass ceramic, and ceramic glaze to be use in a manner constituting disposal.
 
11/30/1992WASTE STREAMS GENERATED BY TREATMENT PROCESSESMemo
 Description: Pursuant to mixture or derived-from rule, streams consisting of listed hazardous waste retain the same waste codes even after mixing and/or treatment. Treatment residuals must meet waste code-specific treatment standards prior to land disposal.
 
11/05/1992CLARIFICATION OF NEWLY LISTED WASTES AND HAZARDOUS DEBRISMemo
 Description: Characteristic debris treated to meet the land disposal restrictions (LDR) performance standards and contaminant restrictions that no longer exhibits a characteristic, is not hazardous waste. If a mixture of a material is comprised primarily of debris, by volume, based on visual inspection, the entire mixture is debris. Non-debris mixtures may be treated via equivalent method variance or variance from treatment standard. Analysis of leachability reduction of microencapsulated waste may be achieved by determining the constituent leachability before and after treatment using TCLP.
 
11/04/1992CLASSIFICATION OF F003 WASTESMemo
 Description: Xylene and acetone used to remove paint is F003, even if the waste is not ignitable. The 261.3(a)(2)(iii) mixture rule exemption does not apply to nonignitable F003 that has not yet been mixed with solid waste, and does not apply to a mixture of soil and F003 that does not exhibit a characteristic (SEE ALSO: 66 FR 27266; 5/16/01). Land disposal restrictions (LDR) treatment requirements still apply to F003 waste that has been rendered nonignitable and/or nonhazardous under 261.3(a)(2)(iii). If F003 is spilled into soil, the soil must be managed as listed waste until the state or Region determines that it no longer contains hazardous waste.
 
11/01/1992MUNICIPAL SOLID WASTE LANDFILL CRITERIAQuestion & Answer
 Description: If only one of three municipal solid waste landfill cells continues to receive waste after October 9, 1991, only that cell must comply with the cover requirements if it closes before October 9, 1993. If the cell continues to receive waste after October 9, 1993, it would need to comply with the Part 258 requirements. Each landfill cell is a separate unit.
 
10/29/1992RECYCLING OF COKE BY-PRODUCT RESIDUESMemo
 Description: The use of open pits, or flat or low-walled concrete pads to store coke by-product residues is land disposal. Therefore, management of wastes in these units is not exempt under 261.4(a)(10). Wastes managed on the ground or in units constructed so that waste spills or is otherwise disposed are not exempt. Tanks, containers, and containment buildings are units that qualify for the recycling exclusion.
 
10/01/1992MUNICIPAL SOLID WASTE CHARACTERIZATIONQuestion & Answer
 Description: Discusses the general 1990 statistics about municipal solid waste generation and disposition in the U.S. (SEE ALSO: current Municipal Solid Waste in The United States Facts and Figures).
 
09/24/1992USE OF LEAD SHOT AT SHOOTING RANGESMemo
 Description: The firing of ammunition at shooting ranges is not waste disposal. The interpretation applies to expended cartridges and target fragments that fall to the ground during shooting. The cleanup of the site can be required under RCRA 7002 and 7003 when an imminent hazard exists (SEE ALSO: 62 FR 6622; 2/12/97).
 
09/04/1992STATUS OF FLUORESCENT LAMPS UNDER RCRAMemo
 Description: CESQG or household hazardous waste (HHW) fluorescent light bulbs may be land disposed in Subtitle D landfill regardless of characteristic properties. Land disposal restrictions (LDR) do not apply to D009 mercury-containing fluorescent light bulbs that pass the extraction procedure (EP) test (SUPERSEDED: see 63 FR 28556; 5/26/98). The bulbs are subject to LDR because they exhibit the EP toxicity characteristic and toxicity characteristic (TC), and could be considered debris per 268.45.
 
08/25/1992CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR PROVISIONSMemo
 Description: CESQG waste must be treated or disposed in one of five types of facilities specified in 261.5(g)(3) (SUPERSEDED: 261.5 now allows transfer to seven types of facilities). The conditions apply to off-site and on-site management of CESQG waste. Failure to satisfy the conditions triggers permitted and/or interim status facility standards, as well as notification requirements. Generators of more than 100 kg of hazardous waste per month are subject to Part 262.
 
08/06/1992BANGLADESHI REQUEST FOR INFORMATION ON LEAD AND CADMIUM IN FERTILIZERMemo
 Description: Hazardous waste-derived fertilizer is subject to Part 266, Subpart C. To qualify for 266.20(b), it must be a legitimate product and meet the land disposal restrictions (LDR) treatment standards. K061-derived zinc fertilizers produced for the general public's use are exempt from regulation, including LDR.
 
07/21/1992REGULATIONS FOR DISPOSAL OF CERAMIC MATERIALSMemo
 Description: The disposal of ceramic tiles is regulated only if they meet the definition of hazardous waste. If the tiles are hazardous, they may be subject to the land disposal restrictions (LDR). Appropriate treatment could consist of chemical stabilization or vitrification, depending on the metals in the waste.
 
07/01/1992LINERS AND LEAK DETECTION SYSTEMS FOR HAZARDOUS WASTE LANDFILLS, SURFACE IMPOUNDMENTS, AND WASTE PILESQuestion & Answer
 Description: Summary of the minimum technological standards (RCRA 3004(o)) for new, replacement, and lateral expansions of landfills, surface impoundments, and waste piles completed after July 29, 1992.
 
07/01/1992ONE-TIME NOTIFICATION REQUIREMENT UNDER 268.7(A)(6)Question & Answer
 Description: The one-time notification requirement under the land disposal restrictions (LDR) applies even if, prior to discharge, waste is managed in a manner not substantively regulated.
 
06/17/1992REGULATORY DETERMINATION FOR SOIL BEING STOCKPILED AT THE SOUTHERN PACIFIC TRANSPORTATION COMPANY (SPTCO)Memo
 Description: Whether the use of soil as landfill liner cover constitutes use in a manner constituting disposal is a site-specific determination that must be made at the Regional level.
 
06/12/1992REGULATIONS AND ADMINISTRATIVE PROVISIONS WHICH APPLY TO THE DISPOSAL OF BLOODBORN PATHOGENSMemo
 Description: The two-year medical waste demonstration program is no longer effective. EPA does not currently regulate the disposal of medical waste. Discusses USPS and DOT jurisdiction over the mailing and packaging of medical waste (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
06/11/1992CLARIFICATION OF THE APPLICABILITY OF CERTAIN RCRA REQUIREMENTS TO COMMON EXCAVATION-TYPE ACTIVITIESMemo
 Description: Excavating and redepositing hazardous soils (active management) within an area of contamination (AOC) during trenching or other non-RCRA related construction is not generation, treatment, storage, or disposal of hazardous waste and triggers no RCRA requirements, including land disposal restrictions (LDR) and generator rules. Such excavation does not “generate” waste and is not subject to generator requirements (SEE ALSO: 63 FR 28556, 28617; 5/26/98).
 
06/03/1992MIXED WASTE MANAGEMENT: NORTHWEST INTERSTATE COMPACTMemo
 Description: The chemical component of biomedical radioactive mixed wastes consists of acids and bases as well as solvents. The sample and treatability study exclusions may be used to develop the mixed waste treatment capability. There is no standard procedure for sampling non-homogeneous mixed waste (or other non-homogeneous (waste) in drums. There is currently no disposal options for scintillation cocktails contaminated with radionuclides other than tritium or carbon-14.
 
05/15/1992Environmental Fact Sheet: No Hazardous Waste Listing for Used Oil That Is Being DisposedPublication
 Description: This fact sheet discusses a rulemaking that announces the determination that it is unnecessary to list used oil being disposed of as hazardous waste. This rule finalizes the September 1991 Supplemental Proposal to reevaluate the 1986 decision not to list used oil as hazardous waste.
 
05/01/1992LEAD USED AS SHIELDING IN LOW-LEVEL RADIOACTIVE WASTE DISPOSALQuestion & Answer
 Description: Lead and lead-lined containers used to dispose of low level radioactive waste are not solid wastes and are not regulated as mixed waste if their primary use is for shielding in the disposal operations.
 
04/01/1992GROUNDWATER MONITORING AT NEWLY REGULATED FACILITIES (NOTE: THIS MRQ IS ALSO IN FEBRUARY 1993)Question & Answer
 Description: A newly-regulated interim status land disposal units must complete installation of groundwater monitoring system within one year of regulation and monitor for background levels for the first year system is operable.
 
12/20/1991PUBLIC HEARINGS ON PETITION TO DELIST WASTE FROM APTUS, INC.Memo
 Description: EPA is not required to hold public hearing on delisting petitions. As of 1991, EPA has never held delisting hearings. Proposed delistings must be published in the Federal Register. EPA does not designate specific disposal sites for delisted wastes, but assumes disposal in an unlined solid waste landfill.
 
12/10/1991EXTENSION OF COMMENT PERIOD FOR LDR SOIL FEDERAL REGISTER NOTICEMemo
 Description: Discusses the extension of the comment period for land disposal restrictions (LDR): Potential Treatment Standards for Newly Identified and Listed Wastes and Contaminated Soil (56 FR 55160; 10/24/91) on issues related to mineral processing wastes, wood preserving wastes, and spent potliners (SEE ALSO: 57 FR 37194; 8/18/92, 60 FR 43654; 8/22/95, 61 FR 2338; 1/25/96, 62 FR 25997; 5/12/97).
 
12/10/1991NO-MIGRATION PETITION FOR KOCH REFINING, TXMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below the treatment zone, in soil-pore liquid, and in groundwater at the land treatment facility.
 
12/01/1991SW-846 TEST METHODSQuestion & Answer
 Description: The test methods found in SW-846 are generally not required, but are intended as guidance for both hazardous waste identification and compliance with the land disposal restrictions (LDR) treatment standards. In certain instances, such as delisting and characteristic testing, EPA requires the use of the SW-846 methods.
 
11/08/1991SUBTITLE D AND PULP AND PAPER MILL SULDGEMemo
 Description: No additional regulations are warranted under Subtitle D for landfills and surface impoundments receiving unlisted, dioxin-containing sludge from chlorine and chlorine derivative bleached pulp and paper mills.
 
11/07/1991CONCURRENCE ON THE USE OF SECTION 7003 TO COMPEL THE CLEAN-UP OF AN OIL SPILLMemo
 Description: The use of RCRA 7003 to compel the cleanup of an oil spill is appropriate, regardless of whether oil exhibits a characteristic of hazardous waste. Spilling meets definition of disposal, and spilled material generally qualifies as solid waste. The Oil Pollution Act (OPA) may also be used to compel cleanup of an oil spill. Provides a summary of OPA’s enforcement authority.
 
11/01/1991MULTISOURCE LEACHATE (F039) WASTE CODE AS IT APPLIES TO CONTAMINATION FROM SPILLSQuestion & Answer
 Description: Water that has percolated through soils contaminated with more than one listed hazardous waste is normally F039, since spills and drips of hazardous waste which have collected in soil are normally land disposed wastes.
 
10/11/1991MATERIALS USED IN FERTILIZER PRODUCTION MANAGEMENTMemo
 Description: Characteristic baghouse dust from which lead will be recovered before dust is incorporated into a fertilizer is a solid waste at the point of generation because a portion of the sludge will be used in a manner constituting disposal. A legitimate recycling process is exempt from regulation. Hazardous waste-containing fertilizer is exempt if it meets the conditions in Section 266.20(b).
 
10/11/1991MATERIALS USED IN FERTILIZER PRODUCTION MANAGEMENTMemo
 Description: A characteristic sludge used to make fertilizer is a solid waste, even if it is first sent to a facility for lead reclamation. The solid waste determination for a recycled material is made at the point of generation and must account for the entire recycling process. D008 baghouse dust used in fertilizer production is a solid waste used in a manner constituting disposal. Fertilizer produced for the general public's use that meets land disposal restrictions (LDR) treatment standards is no longer subject to regulation.
 
10/11/1991MATERIALS USED IN FERTILIZER PRODUCTION MANAGEMENTMemo
 Description: Characteristic sludge (D008) used to make fertilizer is a solid waste, even if first sent to a facility for lead reclamation. Fertilizer produced for the general public's use that meets land disposal restrictions (LDR) treatment standards is no longer subject to regulation under the use in a manner constituting disposal exemption. Dicusses the history of use constituting disposal regulations. The solid waste determination for a recycled material must be made at the point of generation and must account for the entire recycling process, not only the first step. Addresses the elements of legitimate recycling.
 
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.
 
09/15/1991Environmental Fact Sheet: Small Communities and the Municipal Landfill RegulationsPublication
 Description: This fact sheet discusses the stablishment of comprehensive, protective standards for the disposal of municipal solid waste at approximately 6,000 landfills and the effort to reduce the impacts of these regulations on small communities.
 
07/12/1991RCRA APPLICABILITY TO POTASSIUM PERMANGANATE AND MANGANESE DISPOSALMemo
 Description: Wastewater treatment sludges from POTWs or other facilities discharging pursuant to CWA are subject to all applicable Subtitle C regulations when treated, stored, or disposed. Generally, sludges from POTWs are hazardous waste only if they are characteristic. POTW sludges are unlikely to exhibit characteristics. Spent potassium permanganate and manganese from the garment industry are unlikely to be ignitable (D001) oxidizers.
 
07/03/1991TCLP AND LEAD PAINT REMOVAL DEBRISMemo
 Description: Provides general guidance for the representative sampling of lead-based paint abatement wastes (debris and abrasives) from drums, roll off boxes, and other containers. Shipments of LBP abatement wastes from a field site (bridge repair) to a central accumulation point must generally be accompanied by a manifest. The central accumulation point must be a transfer facility or a TSDF to accept manifested hazardous waste. Generators conducting lead-based paint (LBP) abatement must test the wastes using TCLP unless they can apply knowledge to determine characteristics (SEE ALSO: 63 FR 70233, 70241; 12/18/98). If an LBP waste first tests nonhazardous in TCLP due to the masking effect of an iron abrasive but exhibits the characteristic prior to disposal, all hazardous waste regulations apply. LBP abatement wastes that are characteristic for lead may be stabilized on site during accumulation in tanks or containers without a permit.
 
06/21/1991POSITION PAPER ON SPENT ABSORBENT MATERIALSMemo
 Description: CESQGs may dispose of hazardous waste in a sanitary or municipal solid waste landfill as long as the landfill is permitted, licensed, or registered by the state to manage municipal or industrial solid waste (SEE ALSO: 261.5(g)(3)). An absorbent and waste mixture containing a free liquid phase with a flash point less than 140 F is D001. A sorbent and waste mixture with no free liquid is D001 only if it qualifies as an ignitable solid. DOT hazard classes do not correspond directly to RCRA characteristics. The deliberate mixing of hazardous waste and absorbents to render waste nonhazardous may be treatment subject to permitting (SEE ALSO: 264.1(g)(10)) and 268.3). If an absorbent is mixed with waste that is listed solely for exhibiting a characteristic, the mixture is not hazardous waste if it does not exhibit the characteristic (SEE ALSO: 66 FR 27266; 5/16/01). A mixture of absorbent and used oil is subject to Part 266, Subpart E (SUPERSEDED: See Part 279) if destined for energy recovery.
 
06/20/1991USE OF PETROLEUM-CONTAMINATED SOILS AS AN INGREDIENT IN ASPHALT BATCHINGMemo
 Description: Soil contaminated with listed or characteristic crude oil used in asphalt batching is a solid waste since it is used in manner constituting disposal, unless the crude oil or CCP is a normal ingredient in asphalt batching, or until it meets terms of 266.20(b). Soil may be exempt under 261.4(b)(10). Contaminated soils used in asphalt batching that contain hazardous constituents in significantly higher concentrations than that of analogous raw materials may be considered sham recycling. Includes criteria for evaluating whether a waste is legitimately being recycled.
 
06/05/1991CERTIFICATION/NOTIFICATION FOR MULTIPLE-CONSTITUENT WASTES SUBJECT TO LDRSMemo
 Description: Waste as a whole, not individual constituents, must be certified to meet the treatment standards. If waste as generated meets the treatment standards for some constituents but not others, the generator must notify the TSDF that waste does not meet the land disposal restrictions (LDR) treatment standard.
 
05/31/1991DRIPPAGE IN WOOD PRESERVING STORAGE YARDSMemo
 Description: Incidental drippage after the removal of treated wood from drip pad is not illegal hazardous waste disposal, provided the owner and/or operator responds immediately. An immediate response determination is site-specific. A facility must have a contingency plan and must keep records of the response.
 
05/29/1991NO-MIGRATION PETITION FOR CONOCO, MTMemo
 Description: The determination of environmental threats from land treatment facilities seeking land disposal restrictions (LDR) no-migration petitions are based on sensitivity of environmental receptors, presence of exposure pathways to receptors, and exposure to contaminants at hazardous levels. Discussion of criteria required to properly assess such threats.
 
05/17/1991PROPER DISPOSAL OF MEDICAL WASTE GENERATED DURING HOME CHILDBIRTHMemo
 Description: Provides guidance on the disposal of medical waste generated during home childbirth (SEE ALSO: see 60 FR 33912; 6/29/95).
 
05/16/1991RETURNED PHARMACEUTICAL PRODUCTSMemo
 Description: Unused pharmaceuticals returned to the manufacturer (reverse distribution system) are not yet discarded because the decision has not been made whether they are to be reused, reclaimed, or appropriately disposed (point of generation). Returned products are not solid waste until the decision has been made to discard them.
 
05/01/1991NO-MIGRATION PETITION FOR ROBINSON, ILMemo
 Description: Guidance on the revision of an existing petition or withdrawal and resubmission of a new petition after EPA’s denial of a land disposal restrictions (LDR) no-migration petition for a land treatment unit and surface impoundment.
 
04/30/1991LEAD SHIELDING FOR RADIOACTIVE WASTE IS A RCRA SOLID WASTEMemo
 Description: Clarification of when lead shielding for radioactive waste is solid waste. Lead containers or container liners are not solid wastes when radioactive waste is disposed of if the lead shielding continues to fulfill intended use after disposal of radioactive waste.
 
04/23/1991LAND DISPOSAL RESTRICTIONS APPLIED TO EXPORTED WASTESMemo
 Description: The land disposal restrictions (LDR) apply to exported hazardous waste (HW), including notification, certification, and demonstration under 268.7(a). The treatment standards need not be met prior to disposal in another country. The regulatory status of a secondary material to be reclaimed depends on the type of material and if it is a characteristic or listed HW.
 
04/22/1991NO-MIGRATION PETITION FOR ATLANTIC REFINING & MARKETING, PAMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to releases from the land treatment facility in excess of health based levels, inadequate soil and groundwater monitoring system, noncompliance with other regulatory requirements.
 
04/16/1991LAND DISPOSAL RESTRICTIONS APPLICABILITY TO INVESTIGATIVE DERIVED WASTEMemo
 Description: The temporary container storage of investigative-derived wastes within an area of contamination (AOC) followed by disposal within the original AOC does not trigger land disposal restrictions (LDR). The movement to separate storage and/or treatment area followed by replacement may trigger treatment. A single drum is not considered a unit. Drums and land on which drums are placed may constitute container storage areas.
 
04/01/1991TREATMENT OF REINJECTED GROUNDWATER RESULTING FROM RCRA CORRECTIVE ACTIONQuestion & Answer
 Description: Both the land disposal restrictions (LDR) program and RCRA 3020 potentially restrict or prohibit the underground injection of groundwater contaminated with hazardous waste. Waste with LDR treatment standards is eligible for RCRA Section 3020(b).
 
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.
 
03/26/1991SUBSURFACE FATE AND TRANSPORT MODELMemo
 Description: EPA‘s Composite Model for Landfills (EPACML) is a subsurface fate and transport model developed for national regulatory purposes, not site-specific use. EPA is proposing to use EPACML in delisting petitions. EPA discourages application of the model to site-specific corrective actions.
 
02/05/1991NO-MIGRATION PETITION FOR KERR-MCGEE REFINING, OKMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below land treatment facility, inadequate groundwater monitoring system, and failure to maintain minimum separation between high water table and bottom treatment zone.
 
01/30/1991STANDARDS FOR AIR PATHWAY FOR METALS AND ORGANIC CHEMICALSMemo
 Description: A land disposal restrictions (LDR) no-migration petition uses a health based level for chromium based on hexavalent chromium. Discusses information on compounds in Appendix VIII or IX, and/or the modified Skinner list relating to no-migration petitions.
 
01/29/1991NO-MIGRATION PETITION FOR EXXON, TXMemo
 Description: Discusses information on static fracturing and the use of indicator chemicals in a risk assessment in relation to the land disposal restrictions (LDR) no-migration petitions.
 
01/17/1991NO-MIGRATION PETITION FOR SUN REFINING, OKMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to hazardous constituents below treatment zone, inadequate groundwater monitoring system, inability to maintain minimum distance between treatment zone and high water table, and failure to demonstrate no constituents will migrate beyond the land treatment unit.
 
01/08/1991LAND DISPOSAL RESTRICTIONS REGULATION OF CYANIDESMemo
 Description: Stabilization is not an appropriate best demonstrated available technology (BDAT) for cyanides. Stabilizing cyanides violates the land disposal restrictions (LDR) dilution prohibition.
 
01/08/1991LEADED PAINT SANDBLASTING WASTE TESTING USING TCLPMemo
 Description: The land disposal restrictions (LDR) regulations continue to allow the use of either the extraction procedure (EP) or the TCLP to demonstrate compliance with the treatment standards for certain lead and arsenic wastes (SUPERSEDED: see 63 FR 28556; May 26, 1998). The TCLP is only test usable for characterization and identification of toxicity characteristic hazardous waste.
 
01/07/1991APPLICABILITY OF ""SUPERFUND LDR GUIDES""Memo
 Description: Discusses the use of Superfund and NCP guidance at RCRA sites. The area of contamination (AOC), placement concept, and land disposal restrictions (LDR) treatability variances apply to RCRA corrective action, state, and voluntary cleanups of RCRA waste. In-situ treatment may not be placement.
 
01/03/1991NO-MIGRATION PETITION FOR KOCH'S REFINING, TXMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below the treatment zone and in the groundwater from the land treatment unit.
 
01/01/1991CLASSIFICATION OF LEACHATE CONTAMINATED GROUND WATERQuestion & Answer
 Description: Groundwater contaminated with leachate resulting from the disposal of multiple listed wastes contains F039. F039 wastewaters destined for underground injection received a two-year national capacity variance.
 
12/27/1990TREATMENT STANDARDS FOR CERTAIN MIXED RADIOACTIVE WASTESMemo
 Description: Merely placing waste in a tank or a container is not macroencapsulation (MACRO). A plastic or steel coating that provides reduction in surface exposure to leaching media, and jackets of inorganic materials are MACRO. Macroencapsulation does not comply with existing land disposal restrictions (LDR) standards for metals. Waste could be macroencapsulated and disposed of via a variance from a treatment standard, no-migration petition, or national capacity variance.
 
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).
 
12/11/1990ASBESTOS/LEAD/SOIL/DEBRIS AS INORGANIC SOLID DEBRISMemo
 Description: Inorganic solids debris is defined as nonfriable wastes contaminated with characteristic metals that do not pass through a 9.5-mm sieve tray. Debris qualifying for a national capacity variance can be disposed of without meeting land disposal restrictions (LDR) treatment standards in a Subtitle C landfill meeting minimum technical requirements (MTR) (SUPERSEDED: see Section 268.35(e)(1)).
 
12/01/1990LDR REQUIREMENTS DURING NATIONAL CAPACITY VARIANCES (NCVS)Question & Answer
 Description: Restricted wastes that are granted a national capacity variance are still subject to recordkeeping and analysis requirements and any applicable California list restrictions (3004(h)(2)) (SUPERSEDED: California list removed, see 62 FR 25997; May 12, 1997). Any landfill or surface impoundment holding such waste must meet minimum technology requirements.
 
11/28/1990PROPER DISPOSAL OF OLD MEDICATIONSMemo
 Description: Household medications may be classified as household hazardous wastes and exempt from Subtitle C regulation. Disposal to the publicly owned treatment works (POTW) may be appropriate for household hazardous waste and is excluded via domestic sewage exclusion. [SUPERCEDED: EPA generally considers sewer disposal inadvisable for pharmaceuticals and discourages this practice, unless specifically required by the label (73 FR 73525).]
 
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.
 
11/08/1990BIAS CORRECTION APPLIED TO THE TCLPMemo
 Description: Whenever the TCLP is used, all the requirements in the procedure must be met. All results should be corrected for bias, even if below standard. Spike matrix recovery is a bias correction tool (SEE ALSO: 57 FR 26986; November 24, 1992). Data collected before September 25, 1990 need not be corrected for bias per toxicity characteristic rule. The owner/operation may be held liable for the proper disposal of improperly characterized waste.
 
11/08/1990NO-MIGRATION PETITION FOR AMOCO REFINERYMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to an inadequate groundwater monitoring system and the presence of hazardous constituents below the treatment zone at land treatment facility.
 
11/08/1990NO-MIGRATION PETITION FOR SINCLAIR OIL, OKMemo
 Description: Discusses EPA’s dismissal of a land disposal restrictions (LDR) no-migration petition due to failure to have a monitoring plan that detects migration from land treatment facility at the earliest practicable time and the presence of hazardous constituents in the groundwater.
 
11/07/1990NO-MIGRATION PETITION FOR SHELL OIL, WAMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below land treatment zone, and failure to have a monitoring plan that detects migration at the earliest practicable time.
 
11/07/1990NO-MIGRATION PETITION FOR STAR ENTERPRISE, DEMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no migration petition due to the presence of constituents below land treatment zone and in groundwater.
 
11/06/1990NO-MIGRATION PETITION FOR MARATHON PETROLEUM, ILMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below land treatment unit, inadequate groundwater monitoring system, and inability to maintain minimum distance between treatment zone and high water table.
 
10/30/1990USED OIL FILTERS - REGULATION; USED OIL FILTERS, REGULATORY DETERMINATIONMemo
 Description: Crushing a filter to remove used oil (UO) is exempt if the removed UO is recycled (SUPERSEDED: see 261.6(a)(4) and 279.10(c)). Generally, used auto oil filters are not containers because they are not storing oil. Filters are not empty containers. A filter with UO removed is exempt scrap metal if it is recycled. Undrained, uncrushed filters have too much oil for the scrap metal exemption (SEE ALSO: 261.4(b)(13)). TCLP is performed on UO filters by crushing, cutting, or grinding filters and their contents until the pieces are smaller than one cm in the narrowest dimension. A characteristic UO filter that is sent for disposal is subject to regulation (SUPERSEDED: see 261.4(b)(13)).
 
10/24/1990NO-MIGRATION PETITION FOR ARCO PRODUCTS, WAMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to inadequate groundwater monitoring system, excessive hazardous constituent release to air, presence of hazardous constituents below the land treatment zone, and inability to maintain minimum separation between treatment zone and groundwater table.
 
10/17/1990TREATMENT OF RADIOACTIVE WASTES AT HAZARDOUS WASTE PERMITTED TSDFMemo
 Description: A facility must be permitted to manage a specific type of radioactive mixed waste before treating that waste for land disposal. In a state authorized for mixed waste but not authorized for the land disposal restrictions (LDR), the facility could apply to the State or EPA for the necessary permit modifications.
 
10/14/1990LDR DETERMINATION OF WASTE STREAM DILUTIONMemo
 Description: The aggregation of wastes followed by legitimate centralized treatment is permissible dilution. Biological treatment is inappropriate for metals. Waste with land disposal restrictions (LDR) national capacity variance can be disposed if in a surface impoundment that has met minimum technical requirements.
 
10/09/1990CONTAMINATED SOIL AND DEBRIS TREATED REPLACEMENT UNDER A TREATABILITY VARIANCEMemo
 Description: Waste and residue treated under a treatability variance are regulated the same as waste treated to the applicable land disposal restrictions (LDR) standards. Soil and debris that is subject to a treatability variance are still managed as hazardous waste under contained-in policy. A variance is not that same as a delisting. An area of contamination (AOC) designated by the Region during RCRA corrective action is a RCRA unit. Waste is not subject to LDR and the unit is not subject to minimum technological requirements (MTR). Discusses corrective action management units (CAMUs).
 
10/03/1990LAND DISPOSAL OF UNTREATED HAZARDOUS WASTEMemo
 Description: The processing of a no migration petitions takes 12-18 months. The national lack of capacity for treatment, recovery, or disposal may allow a case by case extension to the land disposal restrictions (LDR) effective date. EPA proposal to grant a no migration or treatability variance that can be used to satisfy the case by case extension criteria.
 
09/28/1990LAND DISPOSAL RESTRICTIONS EFFECT ON STORAGE/DISPOSAL OF COMMERCIAL MIXED WASTEMemo
 Description: The hazardous component of mixed waste is regulated under RCRA therefore subject to land disposal restrictions (LDR) treatment standards. Discusses the overview of radioactive mixed waste, the storage prohibition, state authorization, and mixed waste (SEE ALSO: 64 FR 63464; November 19, 1999). Discusses the mixed waste national capacity variances, no-migration petitions, variances from treatment standard, and dilution prohibition.
 
09/26/1990SUBTITLE C IMPERMEABLE CAP REQUIREMENT FOR ON-SITE CONTAINMENT OF WOOD PRESERVING WASTESMemo
 Description: EPA grants ARAR waiver of landfill impermeable cap requirement for waste treated to land disposal restrictions (LDR) variance from treatment standard. The consolidation of wastes within an area of contamination (AOC), not replacement unit, does not trigger minimum technological requirements (MTR).
 
09/20/1990INTERPRETATIONS OF THE EPA MEDICAL WASTE REGULATIONS (NUMBERS 50-63)Memo
 Description: Includes the sixth set of medical waste Qs and As and addresses federal, state, and local medical waste regulations. Discusses generator v. transporter responsibility for pretransport requirements. No semiannual report is required for generators and destination facilities. No permit is required for a medical waste disposal facility (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
09/05/1990APPLICABILITY OF PERMITTING TO MOVEMENT OF HAZARDOUS WASTE THAT DOES NOT CONSTITUTE LAND DISPOSAL Memo
 Description: Land disposal includes movement of hazardous waste (HW) into a unit, but not movement within the unit. Movement within the unit does not require a permit. Movement of HW within a unit that is associated with land treatment may require a treatment permit.
 
08/24/1990LEAD AND ARSENIC WASTES TREATMENT STANDARDSMemo
 Description: Either the TCLP or extraction procedure (EP) can be used to demonstrate compliance with land disposal restrictions (LDR) treatment standards for lead and arsenic (SUPERSEDED: see 63 FR 28556; May 26, 1998). EP is no longer used for purposes of hazardous waste identification.
 
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).
 
08/17/1990CAPACITY VARIANCES FOR UNDERGROUND INJECTION FACILITIESMemo
 Description: To EPA's knowledge, all commercial facilities with hazardous waste injection (UIC) wells disposing of on-site clean-up wastes have received final approval of no-migration petitions. Deep-well injected F039 has a two-year capacity variance, whether it is injected on site or commercially off site.
 
08/15/1990TANK TREATMENT PROCESSESMemo
 Description: Circuit board manufacturing wastes can be F006 if electroplating is involved. Anodizing is electroplating. Chemical conversion coating is a non-electrical process and is not anodizing or electroplating for F006, F007, F008, F009. Wastewater is defined only for the land disposal restrictions (LDR). Containers and tanks storing hazardous waste (HW) before an off-site shipment are not wastewater treatment units (WWTUs). EPA did not intend to include containers in the definition of ancillary equipment. Generator accumulation starts when the waste first enters the container. HW sludge that is removed from a WWTU is subject to full regulation. A unit can be both a WWTU and an elementary neutralization unit (ENU). A wastewater treatment sludge is anything that precipitates or separates during treatment. F006 may be formed in an exempt unit.
 
08/13/1990K001, P093, AND U059 CONTAMINATED SOIL TREATMENT STANDARDSMemo
 Description: Discusses the applicability of land disposal restrictions (LDR) to soil contaminated with multiple listed and characteristic wastes. If a waste with multiple codes has one code that is subject to national capacity variance, then the waste must meet all applicable standards during variance. Contaminated soil eligible for national capacity variance without further treatment (SEE ALSO: 63 FR 28556; May 26, 1998).
 
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.
 
08/01/1990POINT OF GENERATIONQuestion & Answer
 Description: Co-mingled corrosive wastes (D002), which neutralize each other subsequent to the point of generation are individually subject to land disposal restrictions (LDR) (SUPERSEDED: wastes discharged under the CWA are not subject to land disposal restrictions; SEE ALSO: 61 FR 15660; 61 FR 33681).
 
07/31/1990MULTI-SOURCE LEACHATE AND TREATMENT STANDARDS OF LAND DISPOSAL RESTRICTIONSMemo
 Description: Waste codes not required on the manifest. A TSDF may rely on waste analysis data from the generator, but the TSDF must periodically test representative samples. A lab may certify for land disposal restrictions (LDR) as representative of the waste handler. Waste analysis parameters. Stabilization of cyanide to reduce leachability is an inappropriate treatment and generally impermissible dilution. No dilution of toxicity characteristic wastes if land disposed. Generators must determine characteristics. If a listed treatment standard addresses the characteristic, it operates in lieu of characteristic (even if less stringent). Prohibited waste only placed in a minimum technological requirement (MTR) surface impoundment if meets treatment standards, variance or extension, or 268.4. Notice and certification for de-characterized waste is sent to the implementing agency. F039 HSWA. Permitted TSDFs with F039 submit Class 1 modification by 8/8/90. Lab packs must be burned in Subpart O incinerator, not cement kilns.
 
07/30/1990SUBMARINE REACTOR COMPARTMENTS - LAND DISPOSAL RESTRICTIONSMemo
 Description: Lead reactor compartments may meet the land disposal restrictions (LDR) treatment standard of macroencapsulation for D008, radioactive lead solids as generated. Compliance with the technology-based standard does not require that waste undergo TCLP analysis.
 
07/11/1990APPLICABILITY OF EXCLUSION FOR REGULATED MEDICAL WASTE THAT HAS BEEN TREATED AND DESTROYEDMemo
 Description: Part 259 does not contain medical waste disposal standards (SUPERSEDED: see 60 FR 33912; 6/29/95). Encapsulation does not meet the destruction requirement.
 
07/11/1990LOSS OF INTERIM STATUS FROM NEWLY IDENTIFIED TC WASTESMemo
 Description: Discussion of loss of interim status (LOIS) dates for TSDFs subject to toxicity characteristic (TC) rule (55 FR 11798; 3/29/90). A facility that obtained interim status for the new TC waste is subject to federal requirements until the state is authorized for TC. Discussion of federal versus state regulation of TSDFs in authorized states that have not adopted TC rule. 3010 notification not required for facility that commenced treatment, storage or disposal after 6/27/90 but before 9/25/90.
 
07/11/1990NEWLY IDENTIFIED WASTE STREAMS AS A RESULT OF NEW TCMemo
 Description: Discuses the loss of interim status (LOIS) dates for TSDFs subject to the toxicity characteristic (TC) rule (55 FR 11798; March 29, 1990). A facility that obtained interim status for new TC waste is subject to federal requirements until the State is authorized for the TC rule. Discusses federal v. state regulation of TSDFs in authorized states that have not adopted the TC rule. RCRA Section 3010 notification is not required for a facility that commenced treatment, storage or disposal after June 27, 1990 but before September 25, 1990.
 
07/10/1990APPLICABILITY OF PART 259 TO WASTES GENERATED IN THE TESTING OF BIOLOGICALS AND PHARMACEUTICALSMemo
 Description: Certain cytotoxic drugs are listed hazardous waste. Medical product testing (e.g., biologicals such as vaccines and cultures, and pharmaceuticals such as antibiotics and eye drops) may generate regulated medical waste. Compaction is not destruction. Liquid wastes disposed through a sewer are not subject to Part 259 (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
07/01/1990TOXICITY CHARACTERISTIC WASTE PART B PERMIT APPLICATION DEADLINESQuestion & Answer
 Description: Discusses Part A and Part B permit application deadlines for newly regulated land disposal facility and other types of facilities after promulgation of toxicity characteristic (TC) rule, and the definition of land disposal facility.
 
06/25/1990LEAD-BEARING WASTES TREATMENT STANDARDSMemo
 Description: The TC (toxicity characteristic) is effective 9/25/90. There are different TC compliance dates for LQG (9/25/90) and SQG (3/29/91). D008 (lead) wastes that fail TCLP but pass EP (extraction procedure) are considered in compliance with D008 treatment standard and can be land disposed (SUPERSEDED: see 63 FR 28556; 5/26/98).
 
06/24/1990NO TECHNICAL STANDARDS FOR SHARPS CONTAINERSMemo
 Description: Discussion of OSHA jurisdiction over medical waste management within facilities versus EPA jurisdiction over disposal. EPA has established performance standards for leak- and puncture-resistant containers, rather than test methods (SEE ALSO: 60 FR 33912; 6/29/95).
 
06/21/1990REGULATION OF ANIMAL CARCASSES UNDER PART 259Memo
 Description: Animal carcass suspected of harboring infectious disease (e.g., rabies) is regulated medical waste when disposed (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
06/14/1990PERSONAL PROTECTIVE GEAR DISPOSALMemo
 Description: Lead-contaminated personal protective equipment (PPE) or gear is subject to land disposal restrictions (LDR). Hazardous waste eligible for a national capacity variance may be disposed without treatment in a minimum technological requirement (MTR) landfill or surface impoundment if the waste is below California list prohibition levels (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
06/14/1990RCRA WASTE CLASSIFICATION OF LABORATORY STANDARDSMemo
 Description: F-listed solvent used to dissolve CCP to formulate lab standards use as an ingredient, not a solvent. Diluting or dissolving chemicals to make lab standard is not use. Discarded unused lab standards with P- or U-list chemicals are P-list or U-list hazardous waste if there is one active ingredient. The federal regulations do not require waste codes on the manifest, but the state may. If the waste is both listed and characteristic, it carries all applicable codes for land disposal restrictions (LDR) and incompatible waste.
 
06/04/1990REGULATORY INTERPRETATION OF OBJECTION TO CLEAN-CLOSURE EQUIVALENCY PETITION FOR STEEL ABRASIVES, INC.Memo
 Description: All landfills, surface impoundments, waste piles, and land treatment units that received waste after July 26, 1982 are subject to post-closure permitting and Part 264 Subpart F standards unless the owner demonstrates that closure under the previous Part 265 standards met Part 264 closure by removal standards (SUPERSEDED: See 63 FR 56711; October 22, 1998). Under RCRA 3005(i), EPA has the authority to revisit interim status clean closures and require post-closure permits if closure does not meet closure by removal standards of Part 264. In order to demonstrate clean closure, an owner generally should remove “hot spots” of contamination.
 
06/01/1990THE DEFINITION OF F001-F005 WASTEWATERQuestion & Answer
 Description: The terms “solvent-water mixture,” “F001-F005 wastewater,” and “aqueous solvent waste” are equivalent for the purposes of land disposal restrictions (LDR) treatment standards for solvent wastewaters (SUPERSEDED: Section 268.2(f)(1) definition of solvent-water mixture deleted, see 61 FR 15588; April 8, 1996).
 
05/30/1990IRON AND STEEL SLAGS, REGULATORY STATUSMemo
 Description: Iron and steel slags is exempt from RCRA regulation under the Bevill mining and mineral processing exclusion even when used in a manner constituting disposal (SEE ALSO: Section 266.20(c); 59 FR 67256; December 29, 1994).
 
05/11/1990CONOCO PART B PERMITSMemo
 Description: Pending decision on land disposal restrictions (LDR) no-migration petition, a facility may dispose nonhazardous waste in a land disposal unit undergoing delay of closure after permit modification. If a no-migration petition is denied, the unit must undergo final closure unlessthe facility can receive nonhazardous waste.
 
05/09/1990INDUSTRIAL WASTE DISPOSAL IN PROXIMITY TO WETLANDSMemo
 Description: Historical discussion on location restrictions for municipal solid waste landfills, and EPA’s intent to evaluate industrial waste landfills, characterize wetlands, and develop location standards for hazardous waste management facilities.
 
05/08/1990Environmental Fact Sheet: Final Rule for Third Third Scheduled Wastes Completes Statutory Requirements for Land Disposal RestrictionsPublication
 Description: This fact sheet explains the fifth in the series of five land disposal restrictions (LDR) rulemakings. This rule establishes treatment standards and effective dates for Third Third wastes, including characteristic wastes and soft hammer wastes from the First and Second Third lists. The treatment standards apply to hazardous wastes that are land disposed, including those injected into deep wells.
 
05/08/1990Environmental Fact Sheet: Milestone! Fifth Rulemaking Finalizes Land Disposal RestrictionsPublication
 Description: This fact sheet discusses a final rule that completes a six-year program for land disposal restrictions (LDRs). The rule establishes treatment standards for wastes listed or identified before November 8, 1984. Hazardous waste management facilities must test treated waste to verify that it meets the standard, and land disposal facilities must ensure that all waste disposal complies with LDRs.
 
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.
 
04/06/1990CERCLA RESPONSE ACTIVITIES AND THE LAND DISPOSAL RESTRICTIONS PROGRAM’S APPLICABILITY AT PLATTSBURGH AIR FORCE BASEMemo
 Description: National capacity variance wastes must be disposed in a minimum technological requirement (MTR) unit (SEE ALSO: 268.5). Discussion of the applicability of the land disposal restrictions (LDR) to CERCLA (ARAR). Disposal within an area of contamination (AOC) is not subject to minimum technological requirements. Discussion of treatability variances at CERCLA sites. DDT is a halogenated organic compound (HOC).
 
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.
 
03/07/1990WASTE 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.
 
03/01/1990TREATMENT 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)).
 
03/01/1990USED OIL USED FOR DUST SUPPRESSION OR ROAD TREATMENTQuestion & Answer
 Description: Used oil that exhibits the toxicity characteristic is prohibited from placement on the land for dust suppression or road treatment. The use of used oil for dust suppression or road treatment is use in a manner constituting disposal (SEE ALSO: 279.82).
 
03/01/1990USED OIL USED FOR DUST SUPPRESSION OR ROAD TREATMENTQuestion & Answer
 Description: Used oil that exhibits the toxicity characteristic is prohibited from placement on the land for dust suppression or road treatment. The use of used oil for dust suppression or road treatment is use in a manner constituting disposal (SEE ALSO: Section 279.82).
 
02/27/1990REGULATION OF DISPOSABLE DENTAL INSTRUMENT TRAYS AS MEDICAL WASTEMemo
 Description: Disposable dental instrument trays could be regulated medical waste if contaminated with blood or isolation wastes. If the trays are recycled into a new product, they may be exempt at the point of recycling. Generators of regulated medical waste to be recycled must track the items to the recycling facility (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
02/22/1990D001 CHARACTERISTIC WASTES - LAND DISPOSAL RESTRICTIONSMemo
 Description: Waste cannot be disposed of unless treated to land disposal restrictions (LDR) treatment standards, disposed in no-migration unit, or subject to exemption or variance from treatment standards. D001 ignitable waste must be treated to treatment standard before disposal. There are special requirements for ignitable wastes placed in a surface impoundment, landfill, waste pile, and land treatment unit.
 
02/15/1990Environmental Fact Sheet: Plastics: The Facts About Production, Use, and DisposalPublication
 Description: Presents EPA's Report to Congress on methods to manage and control plastic wastes. Discusses major types of plastics and their uses. Looks at where plastics go and resulting disposal problems. EPA believes source reduction and recycling will provide the most significant results in reducing the impact of plastics in the environment.
 
02/13/1990RECYCLING OF K061 AS AN INGREDIENT IN CEMENTMemo
 Description: Discussion of the legitimacy of K061 as an exempt ingredient claim. K061 in cement is not exempt for reuse because it is used in manner constituting disposal. Discussion of a sham determination. K061 cement must meet land disposal restrictions (LDR) for high zinc treatment standard metal recovery and cannot be land disposed (SUPERSEDED: see 268.40). The land application presumption is rebuttable.
 
01/01/1990LAND DISPOSAL RESTRICTIONS - LAB PACKSQuestion & Answer
 Description: Lab packs containing restricted wastes are prohibited from land disposal. EPA has proposed alternate treatment standards for lab packs (SUPERSEDED: see 59 FR 48003; September 19, 1994).
 
01/01/1990TREATMENT - TWO PARTS TO DEFINITIONQuestion & Answer
 Description: The definition of treatment has two parts. Consolidating waste to facilitate disposal is treatment if mixing makes the waste less hazardous or safer to transport. Unless excluded a person treating and/or storing hazardous waste must have a permit
 
12/20/1989APPLICABLE LAND DISPOSAL RESTRICTIONS TO REINJECTION OF TREATED CONTAMINATED GROUNDWATER UNDER CERCLA AND RCRA CORRECTIVE ACTIONSMemo
 Description: RCRA 3020 allows reinjection of contaminated groundwater that contained hazardous waste into aquifer from which it was withdrawn. Discusion of the applicability of land disposal restriction (LDR) treatment standards to the reinjection of treated contaminated groundwater associated with CERCLA and RCRA cleanup or corrective action.
 
12/20/1989RECYCLABLE MATERIALS WHERE PRECIOUS METALS ARE RECLAIMEDMemo
 Description: Recyclable materials such as precious metals that are subject to Part 266 are also subject to the 268.7 land disposal restrictions (LDR) notification, certification and demonstrations unless specifically exempted from Part 268 in Part 261 or Part 268. Recyclable materials listed in 261.6(a)(3) are exempt from Part 268 LDR paperwork requirements.
 
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).
 
11/17/1989RECYCLING OF LEAD-ACID BATTERIESMemo
 Description: Restricted wastes, like lead-acid batteries, may be stored on the land in tanks or containers (i.e., land disposed) without meeting treatment standards if done solely to accumulate as necessary to facilitate proper recovery, treatment, or disposal. Storage must comply with all storage standards, such as secondary containment. the Battery shell (casing/housing) is the container (SEE ALSO: Part 273).
 
11/13/1989APPLICABILITY OF RCRA LAND DISPOSAL RESTRICTIONS TO CERCLA RESPONSE ACTIONSMemo
 Description: Excavation and redeposition of hazardous waste into the same unit or area of contamination (AOC) at a CERCLA site is not land disposal. Groundwater removed from a CERCLA site and disposed in an UIC well offsite is subject to land disposal restrictions (LDR). Contaminated groundwater injected into aquifer from which it was withdrawn is exempt from LDR.
 
10/31/1989APPLICABILITY OF EXEMPTION FOR REGULATED MEDICAL WASTE THAT HAS BEEN TREATED AND DESTROYEDMemo
 Description: Applicability of Part 259 to waste pucks from syringe disposal system. Only waste that has been treated and destroyed is no longer regulated medical waste (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
10/15/1989INTERIM STATUS REQUIREMENTS FOR NRC LICENSEES MANAGING RADIOACTIVE MIXED WASTE, CLARIFICATIONMemo
 Description: Discusses the applicability of radioactive mixed waste regulations to interim status facilities, and guidance on obtaining interim status for mixed waste management in unauthorized states. Mixed waste TSDF owners in unauthorized states must be in existence as of July 3, 1986, and must submit a Part A application by March 24, 1989. Land disposal facility owners must submit a Part B permit by September 24, 1989.
 
10/05/1989DEFINITION OF A LIQUID AS IT APPLIES TO IGNITABLE AND CORROSIVE WASTES; LIQUID AS IT APPLIES TO IGNITABLE OR CORROSIVE WASTESMemo
 Description: The definition of liquid depends on the specific regulatory application for ignitable (D001), corrosive (D002), and extraction procedure (EP) (SUPERSEDED: see 261.24). For toxic wastes, liquid is defined as the material expressed from the waste in Step 2 of Method 1310. Liquids produced from paint filter test are generally also liquids under Method 1310 (SEE ALSO: 60 FR 3092; January 13, 1995). Only wastes containing a liquid component are subject to the flash point test (ignitability (D001)) and the pH test (corrosivity (D002)). Method 9095 is used to determine if a waste is prohibited from disposal in a landfill for containing free liquids. Method 9096 is a draft procedure for determining if adsorbents contain releasable liquids. Adsorbents containing releasable liquids are prohibited from disposal in a landfill by HSWA.
 
10/01/1989LAND DISPOSAL RESTRICTIONS: POINT OF GENERATIONQuestion & Answer
 Description: Accidentally released transformer oil is first generated when spilled onto concrete. Waste must first be RCRA hazardous to be prohibited from land disposal under the California list PCB prohibitions (SUPERSEDED: California list removed, see 62 FR 25997; May 12, 1997) (SEE ALSO: Section 261.8).
 
10/01/1989MEDICAL WASTE: REGULATED MEDICAL WASTE DEFINITIONQuestion & Answer
 Description: Unused sharps from assembly factory sent for disposal are not regulated medical waste. Medical waste must be generated in diagnosis, treatment, or immunization of human beings or animals, or in research or biological testing (SUPERSEDED: medical waste tracking program no longer in effect - See 60 FR 33912; June 29, 1995).
 
09/14/1989STATUS OF SOLID WASTE EXPORT GATHERINGMemo
 Description: Discussion of EPA estimates of quantities of solid waste exported for disposal or recycling.
 
09/12/1989EXCLUSIONS FOR K-WASTES DENIED (LACLEDE STEEL)Memo
 Description: Iron sulfate by-product reclaimed from K062 that is used as an effective substitute for a CCP becomes an unregulated product unless it is to be used on the land. If it is used in a manner constituting disposal, it must meet the land disposal restrictions (LDR) treatment standards prior to placement on the land. K062 that is reclaimed is not eligible for the 261.4(a)(7) exclusion because this activity does not involve the production of virgin sulfuric acid. K062 that is being reclaimed before reuse is not eligible for the 261.2(e) exclusion from the definition of solid waste. Closed-loop recycling only applies to wastes that are piped, not trucked. Secondary materials stored in a closed-loop system are not solid wastes, however, wastes from the management of these secondary materials are solid wastes and are subject to Subtitle C. Non-product residues derived from K062 reclamation are still K062.
 
09/05/1989INTERPRETATIONS OF THE EPA MEDICAL WASTE REGULATIONS (NUMBERS 8-14)Memo
 Description: Medical waste Qs and As, second set (numbers 8-14: recordkeeping requirements, glass intravenous (i.v.) bottles; containers holding blood products; plastic i.v. bags; pleural fluid containers; discarded specimen container; disposable razors; feminine hygiene products; body parts) (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
09/01/1989CLARIFICATION OF LAND DISPOSAL RESTRICTIONS FOR UNDERGROUND INJECTED WASTESQuestion & Answer
 Description: Generators are still subject to the land disposal restrictions (LDR) notification requirements during variance from treatment standards for wastes disposed of in an UIC wells. During the variance, notification must indicate that the waste need not meet the treatment standard (SEE ALSO: 60 FR 43654; August 22, 1995).
 
08/15/1989EPA IDENTIFICATION NUMBERS AND FACILITY LOCATIONMemo
 Description: Generators and transporters must obtain EPA ID numbers before they treat, store, dispose of, transport, or offer for transportation, hazardous waste. EPA generally issues one EPA ID number to each unique site. The on-site definition may help in deciding whether a facility constitutes more than one site for purposes of assigning ID numbers (SEE ALSO: RPC# 9/1/83-01). The Region or state implementing agency ultimately decides how many EPA ID numbers apply to particular facility.
 
08/04/1989DEPLETED MIXTURES OF ETHYLENE GLYCOL AND WATER FROM HEAT EXCHANGERSMemo
 Description: A depleted mixture of ethylene glycol and water used as a coolant is a solid waste when disposed, but would only be hazardous waste if it exhibits a characteristic since no listings apply. Generators must test their wastes or apply knowledge. There is no federal regulation for nonhazardous waste generators.
 
07/31/1989INTERPRETATIONS OF THE EPA MEDICAL WASTE REGULATIONS (NUMBERS 1-7)Memo
 Description: Medical waste Qs and As, first set (numbers 1-7: cotton swabs used in throat cultures; disposable specula; surgical dressings; defective unused syringes; compaction is not destruction; compaction during packaging is legitimate) (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
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.
 
07/20/1989LIQUID, FREE LIQUID, RELEASABLE LIQUID DEFINITIONSMemo
 Description: Liquid for purposes of corrosivity (D002) determined by Method 1310 (extraction procedure (EP)). The definition of free liquid applies to the prohibition of liquids in landfills. Definition of releasable liquid applies to absorbent materials that might release liquids (SEE ALSO: current Sections 264.314(e), and 265.314(f)).
 
06/28/1989SOLVENT AND COMMERCIAL CHEMICAL PRODUCT WASTE STREAMSMemo
 Description: A listed solvent used to extract aqueous liquid from a product stream meets a listing when it is spent and removed from the process. An extracted aqueous wastestream which picked up trace amounts of solvent during extraction is not F001-F005. A chemical made in a lab instead of purchased from a commercial source is equivalent to a CCP and could be P-listed or U-listed when disposed. Diluting a CCP to make a lab standard is not "use" and excess diluted CCPs that are not analyzed can meet a P or U listing.
 
06/15/1989INTERPRETATION OF RCRA REGULATIONS PERTAINING TO THE REMEDIATION OF CONTAMINATIONMemo
 Description: Exemption from permitting requirements for emergency response is not valid after the immediate response is complete. The presence of soil or groundwater contamination may indicate disposal of hazardous waste requiring a facility to obtain a permit for land disposal, even if the owner has agreed to conduct a voluntary cleanup to the state’s specifications. A post-closure permit may be appropriate.
 
05/16/1989DELAY OF CLOSURE PERIOD FOR HWM FACILITIESMemo
 Description: Under limited circumstances, landfills, surface impoundments, and land treatment units may remain open after the final receipt of hazardous waste in order to receive nonhazardous waste.
 
05/05/1989PLACEMENT OF STABILIZED WASTES THAT DO NOT MEET LAND RESTRICTION REQUIREMENTSMemo
 Description: Waste must meet treatment standards before it is placed in a land disposal unit. A land disposal restrictions (LDR) equivalent method variance may be granted if the technology is equivalent or better than best demonstrated available technology (BDAT). A no-migration variance must be based on the period that the waste is hazardous. Bulk or non-containerized liquid hazardous waste must pass the paint filter liquids test prior to placement in a landfill.
 
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.
 
05/03/1989RECYCLING ACTIVITIESMemo
 Description: An owner of the solvent and the recycler are cogenerators of the residue that is generated from the mobile recycling unit. Generators are generally only required to notify once. If the recycler takes on generator responsibilities, he needs an EPA ID number for that particular site. The mobile recycler does not need a permit. Generators may accumulate waste for up to 90 days without interim status or a permit. A generator must comply with 265 Subparts I or J for accumulation units as well as emergency response and training provisions. Wastes residues from recycling are newly-generated wastes with a new point of generation and are allowed a 90 day accumulation period. Waste residues are derived-from wastes, and are assigned the same EPA ID number as the waste from which they are derived. Even if a facility does not have a permit, the owner must comply with the land disposal restrictions (LDR) requirements.
 
04/26/1989ANTARCTICA WASTE DISPOSAL PRACTICESMemo
 Description: Provides OSW’s recommendations on how to improve waste disposal practices on Antarctica to be more protective of human health and the environment. Recommends that the U.S. waste disposal practices in Antarctica conform to RCRA standards.
 
04/01/1989GENERATOR CLOSURE/FINANCIAL REQUIREMENTSQuestion & Answer
 Description: LQGs must comply with 265.111 and 265.114. SQGs need only comply with the applicable accumulation unit closure requirements. Generator tanks which cannot meet the closure performance standards must close as a landfill and comply with 265, Subparts G and H.
 
03/28/1989REGULATORY STATUS OF WASTES GENERATED FROM ELECTROLYTIC MANGANESE DIOXIDE PRODUCTIONMemo
 Description: RCRA Subtitle C regulation may apply to electrolytic manganese dioxide that is disposed. RCRA 4005(a) prohibits open dumping of a waste into the environment. Section 402 of CWA prohibits open dumping into surface waters without a NPDES permit.
 
03/20/1989REGULATORY STATUS OF CANCELLED HERBICIDE DINOSEBMemo
 Description: Canceled dinoseb herbicide product becomes solid waste at point it is to be sent for disposal. The dinoseb is U015 when discarded unused if it is technical grade or if dinoseb is the sole active ingredient. Congress clearly intended RCRA Subtitle C to cover transportation of hazardous waste. The waste management system is a "cradle-to-grave" system.
 
03/17/1989BERYLLIUM WASTE DUSTMemo
 Description: Solidified and containerized beryllium dust and other filtration elements collected by a vacuum hood and directed through a two stage filtration system are solid waste if they are abandoned by land disposal. The waste is not P015 or listed, but is hazardous if characteristic.
 
03/14/1989SUMMARY OF ASSISTANCE BRANCH PERMITTING COMMENTSMemo
 Description: Discusses an automatic waste feed shut-off design for munitions deactivation (popping) furnaces and fugitive emissions control from popping furnaces. Pits used for dewatering and open burning are surface impoundments, not miscellaneous units. EPA can use omnibus provisions to impose additional controls on open burning in surface impoundments. Waste explosives that do not have the potential to detonate cannot be destroyed in open burning/open detonation (OB/OD) units. Solvents contaminated with explosives that have the potential to detonate can be open burned. Because open burning/open detonation (OB/OD) of waste explosives is treatment, not disposal, the land disposal restrictions (LDR) do not apply. Treatment residues may be subject to LDR. Clarifies when the disposal of explosives requires a permit and when unused explosives become wastes (SEE ALSO: 62 FR 6622; 2/12/97). Burning commercial fuel in fire training exercises is not regulated under RCRA. Discusses methods of determining soil background levels for the clean closure of surface impoundments and waste piles, circumstances in which the unit type can be redesignated during interim status, cleanup standards for corrective action, compliance points for soil and groundwater cleanup, timing of corrective action cleanup activities and site monitoring, termination of groundwater corrective action, the use of institutional controls, the use of trial burn data from one facility at other incinerators, the evaluation of trial burn plans for popping furnaces, and the use of in-place hydraulic conductivity testing during liner installation for surface impoundments and landfills. A landfill’s clay layer component of the final cover must be completely below the average frost depth. Addresses the use of natural material (calcium carbonate) and cement kiln dust in waste stabilization, the use of the RCRA corrective action plan (CAP) in HSWA permit preparation, the use of the 261.4(f)(2) authority to implement Subpart X standards in RCRA authorized states, and the permitting deadlines for Subpart X facilities.
 
03/09/1989SOLVENT-WASTEWATER MIXTURE RULE EXEMPTIONMemo
 Description: It is unclear whether the mixture exemptions in 261.3(a)(2)(iv) apply to intentional discharges of segregated spent solvents to storm sewers. EPA does not encourage the intentional disposal of solvent wastes into storm sewer, even if all elements of exemption are met.
 
03/03/1989CLARIFICATION OF THE SCOPE OF THE K088 LISTINGMemo
 Description: The K088 listing only applies to the carbon portion of the material contained inside the electrolytic reduction cell. Other materials contained in the pot are not within the scope of the listing. Newly listed wastes (e.g., K088) for which EPA has not established treatment standards are not subject to land disposal restrictions (LDR).
 
03/01/1989MIXED WASTE AND LAND BANQuestion & Answer
 Description: First third wastes mixed with radioactive wastes are not subject to the land disposal restrictions (LDR) until third third’s effective date. California list solvent and dioxin wastes mixed with radioactive wastes are subject to LDR (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97). Mixed waste is not subject to LDR in an authorized state that is not authorized to regulate mixed waste.
 
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.
 
02/17/1989MEDICAL WASTE - DISPOSAL AT SEAMemo
 Description: Discussion of disposal of medical waste at sea from Navy ships (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
02/07/1989DROSS FROM ALUMINUM SMELTING USED IN MANUFACTURE OF CEMENTMemo
 Description: The 261.4(b)(7) Bevill exclusion covers wastes from processing ores when the feedstock to smelter is greater than 50% ore or mineral. Feedstock of greater than 50% scrap aluminum would not qualify. Aluminum dross is a by-product. Discussion of use of dross in the manufacture of cement as reclamation. If cement or aluminum dross by-product will be placed on the land or in a product that will be placed on the land, the material is a solid and hazardous waste subject to Part 266, Subpart C and must meet land disposal restrictions (LDR) treatment standards. Discussion of sham recycling (SEE ALSO: 63 FR 28556; 5/26/98).
 
01/11/1989APPLICABILITY OF LAND DISPOSAL RESTRICTIONS PAPERWORK TO NEUTRALIZED FILTER CAKEMemo
 Description: Neutralized phosphoric acid filter cake is subject to land disposal restrictions (LDR) tracking requirements because it did not meet California list prohibitions at the point of generation (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
01/03/1989REGULATORY STATUS OF PERSONNEL PROTECTIVE EQUIPMENTMemo
 Description: Contaminated clothing and similar debris are not solid wastes, but may be regulated under the contained-in policy. If contamination cannot be removed, clothing must be treated to meet the land disposal restrictions (LDR) treatment standards prior to disposal. The empty container rule does not apply to contaminated clothing and personal protective equipment (PPE).
 
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).
 
11/28/1988APPLICABILITY OF PERMITTING TO SPENT LEAD-ACID BATTERY RECYCLINGMemo
 Description: Pieces of lead metal from batteries can be scrap metal. The exemption no longer applies if metal pieces are mixed with other wastes that are regulated. Wastes derived from spent materials are spent materials. Some lead-acid battery components are not solid wastes when reclaimed. Discussion of the regulatory status of reclaimed battery components. Discussion of the EPA analysis of the regulatory status of 16 materials from spent lead-acid battery recycling, including battery acid, plastic chips, metal battery pieces, and lead sulfates. Spent lead-acid battery components used to produce fertilizer are used in a manner constituting disposal. Fertilizer produced for the general public's use that meets land disposal restrictions (LDR) treatment standards is no longer subject to regulation (SEE ALSO: Part 273).
 
11/16/1988CASE-BY-CASE EXTENSIONS OF LAND DISPOSAL RESTRICTIONS EFFECTIVE DATESMemo
 Description: EPA is aware of special problems in storing dioxin-containing wastes since no facilities are permitted to treat or dispose of these wastes. Discussion of notice of information needed to process case-by-case extension application.
 
10/28/1988APPLICABLITY OF LAND DISPOSAL RESTRICTIONS TO WASTES THAT ARE MOVED AND PLACED INTO ANOTHER LAND DISPOSAL UNITMemo
 Description: Hazardous waste removed from disposal units and placed in different land based units during remediation activities must meet land disposal restrictions (LDR) treatment standards for all applicable waste codes. Discussion of active management (SEE ALSO: 264, Subpart S).
 
10/19/1988MULTIPLE EXTRACTION PROCEDURE, METHOD 1320Memo
 Description: For the multiple extraction procedure (Method 1320), the weight of the wet material remaining after each extraction procedure (EP), not the original dry weight, is used to calculate the 20:1 liquid to solid ratio. Method 1320 is trying to predict the effect on the waste in a landfill that is subject to rain for a long period of time.
 
10/01/1988DEFINITION OF WASTEWATER TREATMENT UNITQuestion & Answer
 Description: The removal of wastewater treatment sludges or tank bottoms for off-site disposal does not disqualify tanks from being wastewater treatment units (WWTUs).
 
09/06/1988SHOOTING RANGES, APPLICABILITY OF RCRA TOMemo
 Description: The firing of ammunition at shooting ranges is not solid waste disposal. Placement on the ground is normal use of the ordnance or munitions. The interpretation applies to spent cartridges and unexploded bullets that fall to ground during a shooting exercise (SEE ALSO: RPC# 9/24/92-01; 62 FR 6622; 2/12/97).
 
09/01/1988LAND DISPOSAL RESTRICTIONS - FIRST THIRDQuestion & Answer
 Description: Includes a historical description of the land disposal restrictions (LDR) requirements for generators of first third “soft hammer” wastes.
 
08/11/1988EXTENSION OF APPLICABLE EFFECTIVE DATE OF THE LAND DISPOSAL RESTRICTIONSMemo
 Description: A petitioner requesting a land disposal restrictions (LDR) case-by-case extension must address on-site and off-site capacity, demonstrate a contractual commitment to provide alternate protective capacity, and describe in detail site-specific information on alternate capacity. EPA can request additional facility information.
 
08/11/1988WASTE TREATMENT FACILITIES ACCEPTING F006 ELECTROPLATING WASTESMemo
 Description: Waste treatment and disposal facilities may temporarily reject waste that is subject to the new land disposal restrictions (LDR) treatment standards until the TSDF makes the appropriate process changes to meet regulatory requirements.
 
08/09/1988REGULATORY STATUS OF USED SULFURIC ACIDMemo
 Description: Sulfuric acid from chlorine dehydration that is too dilute for reuse without further processing may meet the definition of spent material. If the secondary use of sulfuric acid has the same purpose as the primary use (e.g., once-used sulfuric acid can be directly reused in same or another alkylation reaction), the once-used sulfuric acid may be exempt from definition of solid waste under 261.2(e). Spent sulfuric acid reused as fertilizer ingredient is considered a solid waste and a hazardous waste used in a manner constituting disposal subject to Part 266, Subpart C.
 
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.
 
07/28/1988LEACHATE AND RESIDUES GENERATED FROM TREATMENT, STORAGE, OR DISPOSAL OF CHARACTERISTIC WASTEMemo
 Description: Solid waste derived from the treatment, storage, or disposal of a hazardous waste is itself a hazardous waste until it meets the criteria of 261.3(d) (SEE ALSO: 66 FR 27266; 5/16/01).
 
07/19/1988EFFECT OF LAND DISPOSAL RESTRICTIONS ON TRANSFER OF WASTE DURING FACILITY CLOSUREMemo
 Description: Transferring waste between units at an active facility or during closure is land disposal and triggers the land disposal restrictions (LDR) treatment requirements. In-situ treatment or movement of waste within the unit is not placement and so waste is not subject to LDR treatment standards.
 
06/13/1988MIXED WASTE DISPOSAL FROM RADIOACTIVE MATERIALS MANUFACTURING OPERATIONSMemo
 Description: There is no disposal capacity or treatment technologies available for radioactive mixed waste. Therefore, storage may be the only waste management option for mixed waste (SEE ALSO: RPC# 9/28/90-01). Mixed wastes are not subject to federal regulation until a state obtains authorization to regulate the hazardous component of mixed waste.
 
06/13/1988SMALL-VOLUME MIXED WASTE LABORATORY GENERATED MATERIALS AND LEADMemo
 Description: There is no disposal capacity or treatment technologies available for radioactive mixed waste. Therefore, storage may be the only waste management option for mixed waste (SEE ALSO: RPC# 9/28/90-01). Mixed wastes are not subject to federal regulation until a state obtains authorization to regulate the hazardous component of mixed waste.
 
05/31/1988DEADLINES APPLICABLE TO PROPOSED DELAY OF CLOSURE REGULATION, GUIDANCEMemo
 Description: The proposed delay of closure rule (53 FR 20738; 6/30/88) would allow owners and operators of landfills and certain surface impoundments to delay closure to receive nonhazardous waste. Units which have lost interim status are not eligible for a delay of closure. Owners of units who wish to delay closure must obtain a permit or permit modification. Surface impoundments that are not retrofitted to meet the minimum technological requirements are subject to special requirements if the owner wishes to delay closure. Units that delay closure remain subject to Subtitle C. Units remain subject to the closure plan submission deadlines despite the proposed delay of closure rule (53 FR 20738; 6/30/88). Because the proposed rule is less stringent than the existing closure regulations, authorized states are not required to adopt the new provisions. Interim status units that cease receiving hazardous waste on 11/8/88 may continue to receive nonhazardous wastes until the closure plan is approved as well as during the closure period provided it does not impede closure.
 
05/26/1988SPENT SULFURIC ACID ACCUMULATED SPECULATIVELYMemo
 Description: Discussion of the definition of speculative accumulation. Speculatively accumulated spent sulfuric acid does not qualify for the 261.4(a)(7) exclusion. The exemption is dependent upon sulfuric acid being used in the production of virgin sulfuric acid. Materials which are accumulated in land-based units and leach into the ground are considered disposed if not recovered.
 
05/18/1988THERMAL TREATMENT UNITS, SCOPE OF SUBPART XMemo
 Description: Subpart X covers units that are not regulated under 264 Subpart I - O or Part 146. The open burning or detonation of explosives is not land disposal except where residues remain hazardous. The open burning of solvents is prohibited.
 
05/13/1988INTERPRETATION OF 40 CFR 268.7 REQUIREMENTSMemo
 Description: Listings depend on how materials are used in a process, not only on the hazardous constituents. Restricted wastes that are treated, stored, disposed on site or sent off site are subject to the testing, recordkeeping, and manifest requirements. Wastes sent to a recycling facility are subject to the land disposal restrictions (LDR). Treatment residues are subject to LDR notification (SEE ALSO: 62 FR 25997; 5/12/97).
 
05/13/1988LAND DISPOSAL RESTRICTIONS TESTING AND RECORD KEEPING REQUIREMENTSMemo
 Description: Listings depend on how materials are used in a process, not only on the hazardous constituents. Restricted wastes that are treated, stored, disposed on site or sent off site are subject to the testing, recordkeeping, and manifest requirements. Wastes sent to a recycling facility are subject to the land disposal restrictions (LDR). Treatment residues are subject to LDR notification (SEE ALSO: 62 FR 25997; 5/12/97).
 
05/12/1988DEMONSTRATING EQUIVALENCE OF PART 265 CLEAN CLOSURE WITH PART 264 REQUIREMENTSMemo
 Description: Under 270.1(c), owners of interim status surface impoundments and waste piles who clean closed under the old Part 265 closure standards may demonstrate equivalency with the 264 closure standards. Discusses the contents of the demonstration equivalency and the procedures for submittal. If an attempt at a closure equivalency demonstration does not meet the 264 standards, the owner must submit a Part B permit application. Addresses the acceptability of specific information supporting equivalency demonstrations. An owner of an interim status landfill where waste was removed at closure can reclassify it as a waste pile and demonstrate clean closure equivalency, or the owner may request a shortened post-closure care period (SEE ALSO: 63 FR 56711; 10/22/98).
 
05/11/1988REDESIGNATION OF SURFACE IMPOUNDMENTS AS LANDFILLS DURING INTERIM STATUSMemo
 Description: An interim status surface impoundment that does not meet the minimum technological requirements must be retrofitted or closed by 11/8/88 pursuant to 3005(j). The redesignation of a unit as a landfill does not meet either criterion in 270.72(c) for changes during interim status.
 
05/02/1988SPENT PICKLE LIQUOR CORROSIVITYMemo
 Description: Spent pickle liquor generated by a steel fabricator is not K062 since the facility is not in SIC codes 331 or 332. Nonlisted spent pickle liquor is corrosive if it corrodes 1020 steel at a rate of >0.25 inches/year. Nonlisted sludge from a pickling tank is D002 if pH of the sludge is < 2. The 264.314 liquids in landfills ban does not apply to nonhazardous waste disposal facilities.
 
05/01/1988LAND DISPOSAL RESTRICTIONS - DISPOSAL OF WASTES GRANTED A VARIANCEQuestion & Answer
 Description: Restricted wastes that are granted a capacity variance may be disposed of in landfills or surface impoundments only if the facility is in compliance with the minimum technological requirements (MTR). These wastes may also be disposed of in land treatment facilities that are not in compliance with MTR (SUPERSEDED: 268.8 removed, see 61 FR 15599; 4/8/96).
 
05/01/1988RETROFITTING INTERIM STATUS SURFACE IMPOUNDMENTSQuestion & Answer
 Description: The conversion of an interim status surface impoundment into a landfill without triggering permitting would have to be approved under 270.72(c) (SUPERSEDED: See 270.72(a)(1)), and could not amount to “reconstruction” under 270.72(e) (SUPERSEDED: See 270.72(b)) under changes during interim status. An impoundment converted to a landfill in these circumstances would be an existing unit. If waste is removed and replaced, then the unit would be a replacement unit and would have to meet the minimum technology requirements (MTR) (3004(o)). If the waste addition exceeded the level in the Part A, then the unit would be an expansion subject to MTR.
 
04/21/1988DISTILLATION 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.
 
04/05/1988TESTING REQUIREMENTS AND SOLIDIFICATION ISSUES UNDER LAND DISPOSAL REQUIREMENTSMemo
 Description: The regulations do not require a specified frequency of testing for TSDFs or on-site disposal facilities. Generators must follow the waste analysis plan. Solidification may be considered dilution if the hazardous constituents are not immobilized. Performance based treatment standards may be met using any technology.
 
04/01/1988NOTIFICATION REQUIREMENTS FOR RECYCLABLE MATERIALSQuestion & Answer
 Description: Recyclable materials in 261.6(a)(2), such as precious metals, are subject to land disposal restrictions (LDR) notification since 261.6(a)(2) does not specifically exempt them from Part 268. Recyclable materials in 261.6(a)(3) are not subject to Part 268.
 
03/30/1988SUMMARY OF PERMIT ASSISTANCE TEAM (PAT) COMMENTSMemo
 Description: Samples taken from turbid groundwater may not be valid. Proper well development requires that wells be clay and silt free. Discusses the use of polyvinyl chloride (PVC) in well construction, the calculation of purge volume, and Part 264, Appendix IX. An accelerated groundwater monitoring schedule can be used to bring a facility into compliance. The maintenance of a groundwater monitoring network may include the redevelopment of a well. Well maintenance should be included as a permit condition. Replacement units (e.g. landfills and surface impoundments) must be retrofitted to meet the minimum technological requirements. If a proposed alternative to a double liner does not meet the requirements of 264.221(c), the location characteristics or operating practices must compensate for the deficiency. A redundant flexible membrane bottom liner may be equivalent to the 3004(o)(5)(B) interim statutory design, thus meeting the 3004(o)(1) minimum technological requirements. Addresses the use of the Hydrologic Evaluation of Landfill Performance (HELP) model v. Moore’s Equation for calculating leachate volume when designing a collection system, the proposed modifications to the cap design to reduce erosion potential, and the use of a test plot to support alternative landfill design cover. A high-density polyethylene liner must be supported by a stable base. An owner of a petroleum refinery undertaking a land treatment demonstration must fully characterize the waste, including addressing the Skinner List constituents in the waste analysis plan. A properly conducted land treatment demonstration should include an evaluation of the waste degradation, transformation, and immobilization, as well as a toxicity study. A land treatment unit cannot accept sludges containing high concentrations of water if the soil moisture conditions cause saturation of the unit. Discusses the selection of principal hazardous constituents for a land treatment unit. An owner of a land treatment unit who has not demonstrated satisfactory treatment of hazardous constituents may need to close the unit. Addresses the presence of a high water table at a land treatment unit and the possible responses. An owner of an existing interim status land treatment unit may be eligible for an immediate full-scale permit if the land treatment demonstration addresses all of the necessary requirements. In states that are authorized for the RCRA base program but not for the HSWA provisions, construction cannot begin at a new facility until both the state and EPA permits are issued. The land disposal restrictions (LDR) program is a self-implementing portion of HSWA, superseding the permit as a shield provision. Permit content should be edited for applicability, importance, clarity, and precision prior to issuance. A minimum detection limit (MDL) can be used to establish background as a groundwater protection standard. Any component required in a RCRA facility investigation (RFI), such as monitoring releases not requiring immediate response, should be included as a permit condition. Monitoring wells installed as part of a HSWA corrective action may be designated as point of compliance wells. Permits containing corrective action conditions for groundwater treatment programs must specify methods of handling groundwater containing hazardous waste and must include pumping and removal requirements. Air stripping may not be an appropriate treatment method for groundwater contaminated with methyl isobutyl ketone. A permit or 3008(h) order should address the air emissions from treatment units such as an air stripper. Includes criteria for the referral of facilities to the Agency for Toxic Substances aND DISEASE REGISTRY (ATSDR) UNDER 3019. Emerging technologies, such as in-situ bio-reclamation, should be demonstrated as effective in pilot-scale field studies prior to approval. 264 Subpart F compliance monitoring standards should be applied to the verification monitoring at solid waste management units (SWMUs) during corrective action. A HSWA corrective action pe
rmit may include a technical feasibility clause discontinuing the program once contaminant levels can no longer be reduced. EPA discourages the approval of a waiver allowing the disposal of nonhazardous waste in a landfill that has lost interim status.
 
03/09/1988PROPOSED BEST DEMONSTRATED AVAILABLE TECHNOLOGY (BDAT) FOR K061 WASTEMemo
 Description: Zinc oxide collected in a baghouse that is sold as a product is no longer derived from K061. Calcining residuals from K061 wastes may exhibit a characteristic. The use of a K061 treatment residual as roadbed and anti-skid material is use in a manner constituting disposal (SEE ALSO: 266.20(c), 59 FR 67256; 12/29/94). The K061 treatment standards are performance standards that are based on a Best Demonstrated Available Technology (BDAT) of high temperature metals recovery (HTMR). EPA does not require or recommend the use of any specific class of high temperature metals.
 
03/08/1988PROCESS WASTEWATER FROM METAL DEGREASING OPERATIONSMemo
 Description: Solvent-contaminated water in a rinse tank is a process waste, not a spent solvent, and is hazardous only if it exhibits a hazardous characteristic. Includes a comparison of the mixture rule exemption for solvent-water and the land disposal national capacity variance for wastes with less than 1% F001-F005 solvents.
 
03/02/1988CLEANUP LEVELS FOR LEAD AND CADMIUM IN SOILS FOR CLEAN CLOSUREMemo
 Description: VERIFIED REFERENCE DOSES (RFDS) AND Carcinogenic Potency Factors (CPFs) can be used to set soil cleanup levels during clean closures of surface impoundments, waste piles, and land treatment units. Where no EPA-recommended health-based limit exists for a contaminant, a soil cleanup level may be based on background levels or by data developed by the owner to support a health-based limit. If the cleanup level cannot be established, then clean closure cannot be achieved and the unit (i.e. surface impoundment, waste pile, or land treatment unit) must close as a landfill. Provides guidance for determining the background levels for lead in soil for clean closures of surface impoundments, waste piles, and land treatment units. Discusses how to determine background levels of lead in soil.
 
02/22/1988WASTES CONTAINING F001-F005 CONSTITUENTSMemo
 Description: A mixture with hazardous waste (HW) that is listed solely for a characteristic is not HW if the mixture is not characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01). A mixture of F001, D001 carries all applicable codes. A listed solvent constituent in a wastestream does not automatically render a waste HW. It is HW only if it meets the F001-F005 descriptions. If it is HW, it is subject to the land disposal restrictions (LDR). If a transporter mixes wastes of different DOT shipping descriptions, the transporter becomes the generator of new waste.
 
02/10/1988VERTICAL EXPANSION AT U.S. ECOLOGY'S TRENCH 10, BEATTY, NEVADA FACILITYMemo
 Description: Landfill vertical expansion is limited by federal, state, and local permits in effect prior to HSWA. Vertical expansion after 11/8/84 constitutes a new unit that is subject to the minimum technological requirements (MTR). When there is no elevation limit in the permit, consider the slope of the cover at closure.
 
02/03/1988PCB-CONTAMINATED WASTES, STABILIZATION OFMemo
 Description: Bulk liquid waste treated with absorbents or adsorbents must be tested with the paint filter liquids test (PFT) (3004(c)(1)) (SEE ALSO: 1RPC# 1/17/93-02). When a waste passes the PFT, it may be disposed in a landfill. When a waste fails the PFT, further chemical stabilization is required. Provides guidance on the level of adequacy for chemical treatment.
 
02/02/1988CLOSURE REQUIREMENTSMemo
 Description: EPA recognizes the inconsistencies between the tank and container closure requirements and plans to revise Subpart I to ensure consistency. The 3/19/87 clean closure guidance (52 FR 8704) should be applied to closure by the removal of wastes from any RCRA unit. EPA plans to allow interim status and permitted landfills to defer closure to manage nonhazardous wastes. Characteristic waste must be managed as hazardous unless it no longer exhibits any of the four characteristics. Discusses the more protective clean closure action levels v. hazardous waste identification levels. Listed wastes and any waste residues or contaminated soil or debris removed during closure are hazardous unless delisted. The concentrations of total organic carbon (TOC) and total organic halogens (TOX) cannot be used to determine if decontamination wastewater is hazardous.
 
02/01/1988CLEAN CLOSURE OF INTERIM STATUS SURFACE IMPOUNDMENT AND WASTE PILEQuestion & Answer
 Description: Surface impoundments, waste piles, landfills, and land treatment units which received waste after 7/26/82 or certified closure after 1/26/83 must either have post-closure permits or demonstrate that clean closure was equivalent to Part 264 closure (270.1(c)) (SEE ALSO: 63 FR 56711; 10/22/98). Post-closure permits for these units would include Part 264 groundwater monitoring, unsaturated zone monitoring, corrective action and post-closure care.
 
02/01/1988CORRECTIVE ACTION AND PERMITSQuestion & Answer
 Description: Permits issued prior to HSWA cannot be reopened for the purposes of 3004(u) corrective action. Most permits contain a reopener clause. 270.41(a)(2) may be used to reopen a permit if contamination is discovered after a permit is issued. A permit as a shield does not protect facilities from the reopening of a permit when new information surfaces. 270.41(a)(3) allows a permit to be modified to include land disposal restrictions.
 
02/01/1988LAND DISPOSAL RESTRICTIONSQuestion & Answer
 Description: SQG solvent and dioxin wastes were not granted a two year variance on the effective date of the land disposal restrictions (LDR) for placement of those wastes in Class I underground injection control (UIC) SDWA wells. The extension of the effective date for solvents wastes with less than one percent (1%) total solvent constituents applied to all generators, including SQGs.
 
01/21/1988DRAINAGE WATER BENEATH LAND TREATMENT UNITS - NO MIGRATION PETITIONSMemo
 Description: “No migration” must be demonstrated for all media, surface water and air. Ditches or pipes used to conduct leachate or runoff from the unit must be addressed in the land disposal restrictions (LDR) petition. Information from a RCRA facility investigation (RFI) is not sufficient. Groundwater contaminated with hazardous waste leachate must be managed as hazardous waste (SEE ALSO: RPC# 11/13/86-02).
 
01/11/1988HOUSEHOLD HAZARDOUS WASTE EXCLUSIONMemo
 Description: There are no federal requirements for the transportation, treatment, storage, or disposal of household hazardous waste (HHW).
 
01/01/1988DISPOSAL OF MIXED RADIOACTIVE AND HAZARDOUS WASTEQuestion & Answer
 Description: Radioactive mixed waste is not regulated until a state is authorized for mixed waste. A mixed waste landfill is a solid waste management unit (SWMU), and 3004(u) would apply to the unit. If a mixed waste disposal unit was inactive prior to the date chosen to be interim status by the state, the unit might not be subject to RCRA unless it was subsequently managed (active management) or unless the state “grandfathered” such units. If the unit is active on the interim status date, the facility must submit a Part A permit application. A state RCRA program can be broader in scope than the federal program.
 
12/17/1987CLOSURE AND POST-CLOSURE ISSUES FOR INTERIM STATUS SURFACE IMPOUNDMENTSMemo
 Description: EPA may extend the time allowed for the closure of a surface impoundment to allow groundwater corrective action so that the owner can achieve clean closure. Units closing by removal under Part 265 (e.g. surface impoundments, waste piles, and land treatment units) must obtain post-closure permits unless the owner demonstrates equivalence with 264.228, 264.280(e), or 264.258 closure by decontamination standards (SEE ALSO: 63 FR 56711; 10/22/98). The owner of an interim status landfill that has closed by removal and has not triggered groundwater assessment does not have to monitor groundwater for the full list of Appendix VIII or IX constituents. Groundwater evaluation conducted as part of the 265 clean-closure demonstration should establish constituents that could reasonably be expected to exist at the impoundment. A surface impoundment that has triggered groundwater assessment may not be able to clean close.
 
12/10/1987EXEMPTION FOR WASTEWATER DISCHARGES AND GENERATOR ACCUMULATION PROVISIONSMemo
 Description: EPA does not have groundwater discharge guidelines, but facilities are subject to regulations that are designed to prevent releases to groundwater. EPA has corrective action and enforcement authority to respond when releases do occur (3004(u), 3008(a), 3008(h) and 7003). Hazardous wastewaters are subject to RCRA prior to industrial point source CWA discharge, including the land disposal restrictions (LDR).
 
12/10/1987LAND DISPOSAL OF SOLVENTSMemo
 Description: EPA does not have groundwater discharge guidelines, but facilities are subject to regulations that are designed to prevent releases to groundwater. EPA has corrective action and enforcement authority to respond when releases do occur (3004(u), 3008(a), 3008(h) and 7003). Hazardous wastewaters are subject to RCRA prior to industrial point source CWA discharge, including the land disposal restrictions (LDR).
 
12/09/1987CLARIFICATION OF SMALL QUANTITY GENERATOR REGULATIONSMemo
 Description: Generators who treat or reclaim solvent waste on site do not need to count distillation bottoms if the original waste has already been counted once. CESQGs may treat, store, or dispose waste on site or off site if they meet 261.5(g)(3). Recycling facilities may accept CESQG waste.
 
12/03/1987PAINT FILTER LIQUIDS TEST USED TO DETERMINE COMPLIANCE WITH THE CALIFORNIA LIST RESTRICTIONSMemo
 Description: EPA is considering the use of the paint filter liquids test, the extraction procedure, and the Toxicity Characteristic Leaching Procedure to determine compliance with the statutory California List land disposal restrictions (LDR) prohibition levels (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
12/01/1987LAND DISPOSAL RESTRICTIONSQuestion & Answer
 Description: State-listed hazardous wastes that are not federally regulated are not subject to the federal land disposal restrictions (LDR). EPA cannot enforce authorized state requirements which are broader in scope than the federal RCRA program.
 
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.
 
11/18/1987APPROPRIATE TREATMENT METHODS FOR ELEMENTAL MERCURYMemo
 Description: California list wastes containing mercury must be treated to below the land disposal restrictions (LDR) prohibition level or rendered nonliquid (SUPERSEDED: 55 FR 22675; 6/1/90) (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97). Solidification where reagents are added to immobilize constituents is legitimate treatment and not dilution provided it immobilizes or chemically fixes waste rendering it nonliquid, or reduces the concentration below the prohibition level. EPA prefers waste minimization .
 
11/18/1987TCLP IN THE LAND DISPOSAL RESTRICTIONS PROGRAM AND HAZARDOUS WASTE IDENTIFICATION PROGRAMMemo
 Description: TCLP was created for the land disposal restrictions (LDR) program for testing for solvents and dioxins, and for the toxicity characteristic.
 
11/13/1987PERMIT COMPLIANCE/ENFORCEMENT ISSUES (REG. X); REGION X'S RECOMMENDED REVISION OF 40 CFR 270.4(A) AND 270.32(B)(1)Memo
 Description: Self-implementing facility standards imposed by HSWA as well as the land disposal restrictions (LDR) apply to all permitted facilities despite the permit as a shield provision, except in those cases where the self-implementing requirements have been incorporated into the permit.
 
11/13/1987SOLIDIFICATION OF CALIFORNIA LIST LIQUID WASTES AND THE DILUTION PROHIBITIONMemo
 Description: Solidification techniques that immobilize hazardous constituents are legitimate treatments. The addition of reagents must aid in the treatment in order to be legitimate treatment and not impermissible dilution. Solidified California list liquid wastes are no longer subject to the land disposal restrictions (LDR). Discusses the applicability of the California list to liquid metal-bearing and cyanide-containing wastes (SUPERSEDED: see 268.42(a)) (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
11/04/1987MARINE DEBRIS IN WATERS, DISPOSAL OFMemo
 Description: There are no OSW activities or programs related directly to persistent marine debris. The disposal definition includes the deposition of solid waste into or on any land or water. Debris deposited into rivers or continental waters of the United States is subject to RCRA.
 
11/01/1987LAND DISPOSAL RESTRICTIONSQuestion & Answer
 Description: When a constituent is subject to more than one treatment standard, the standard (and effective date) for the more specific constituent applies. A waste with two or more treatment standards due to different constituents will be subject to the land disposal restrictions (LDR) on the respective effective dates (SEE ALSO: 268.40(c)).
 
10/29/1987UCAPCO APPLICATION FOR A VARIANCE UNDER 3004(C)(2) OF RCRAMemo
 Description: Variances from the minimum technological requirements (MTR) may be obtained if an alternate system can prevent the migration of any hazardous constituents into the groundwater. The term groundwater is not limited to only groundwater beyond the waste management area (surface impoundment, waste pile, landfill).
 
10/28/1987COMPLIANCE WITH CALIFORNIA LIST FINAL RULEMemo
 Description: Generators managing restricted waste must send the land disposal restrictions (LDR) notification to the treatment facility (SEE ALSO: See 62 FR 25997; 5/12/97). The notification must include the appropriate treatment standard and the California list prohibitions (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97). The notification information may be placed on the manifest.
 
10/28/1987NOTIFICATION REQUIREMENT WHEN SHIPPING RESTRICTED WASTES TO A STORAGE FACILITYMemo
 Description: Generators must determine if their waste is subject to the land disposal restrictions (LDR) at the point of generation through analysis or knowledge of the waste. Facilities are required to send LDR notification with each waste sent to an off-site storage facility (SUPERSEDED: 62 FR 25997; 5/12/97).
 
10/26/1987SURFACE IMPOUNDMENT DELISTING PETITIONS, USE OF VHS MODELMemo
 Description: The vertical horizontal spread (VHS) model is used to evaluate wastes in landfills and surface impoundments for purposes of delisting petitions. The organic leachate model (OLM) is also used.
 
10/15/1987CALIFORNIA LIST LAND DISPOSAL RESTRICTIONS, EPA'S IMPLEMENTATION OFMemo
 Description: Wastes covered by a national capacity variance or a case-by-case extension must be placed in a unit that is in compliance with the minimum technical requirements (MTR). Discusses the criteria for no-migration petitions. Includes a historic discussion of the development of the California list and the land disposal restrictions (LDR) treatment standards (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
10/05/1987SURFACE IMPOUNDMENTS HOLDING ONLY K-WASTES GENERATED UNDER A TEMPORARY EXCLUSIONMemo
 Description: Waste disposed in a surface impoundment during a temporary delisting exclusion is not subject to Subtitle C after the final denial decision unless it is actively managed (removed, excavated, shipped, mixed, or treated). The units are solid waste management units (SWMUs) for purposes of corrective action.
 
10/02/1987EXTENSIONS 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).
 
10/01/1987EXPORT OF RESTRICTED WASTEQuestion & Answer
 Description: Generators must send land disposal restrictions (LDR) notification and/or certification with each shipment of waste even if the waste is to be exported (SUPERSEDED: See 62 FR 25997; 5/12/97). The waste analysis, recordkeeping, and notification requirements apply when the generator handles restricted wastes, regardless of whether the waste will be land disposed.
 
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.
 
09/15/1987LAND DISPOSAL RESTRICTIONS EFFECT ON PERMITSMemo
 Description: Certain HSWA provisions, such as the land disposal restrictions (LDR), supersede the permit as a shield provision and apply to all facilities regardless of their current permit conditions.
 
09/04/1987RESTRICTED WASTE DEFINITIONMemo
 Description: A restricted waste is subject to the land disposal restrictions (LDR) even if accompanied by a delayed effective date. The initial generator must determine if the waste is restricted. If a facility treats waste to meet the treatment standard or if the waste meets the treatment standard upon generation, certification may be required.
 
09/03/1987COMMERCIAL FERTILIZERS VERSUS SOIL AMENDMENTSMemo
 Description: The commercial fertilizer definition is the same as normally used in agriculture. The use in a manner constituting disposal exemption applies to fertilizer products that contain hazardous waste (HW). HW that is placed directly on the ground does not qualify for this exemption.
 
09/03/1987DELISTING REGULATORY STANDARDS FOR FREONMemo
 Description: Discusses the use of the organic leaching model (OLM) and vertical and horizontal spread (VHS) model used to assess the hazard posed by the disposal of freon (trichloro thifluoroethane) in a landfill for the purposes of delisting.
 
09/01/1987LAND DISPOSAL RESTRICTIONS - CORROSIVE WASTEQuestion & Answer
 Description: A decharacterized waste is not regulated as a hazardous waste and is not subject to the land disposal restrictions, including notification (SUPERSEDED: See 268.9(d)).
 
08/21/1987LISTING MUNICIPAL LANDFILLS ON THE NPLMemo
 Description: Nothing precludes a closed municipal solid waste landfill from being placed on CERCLA NPL even if EPA cannot document that the landfill received hazardous waste in the past.
 
08/19/1987K006 WASTES AND ON-SITE DISPOSAL UNIT CONTAINING THESE WASTESMemo
 Description: The Texas Water Commission should determine the future status of the disposal unit containing K006 waste that was originally granted a temporary exclusion and later denied a final exclusion.
 
08/19/1987K006 WASTES AND ON-SITE DISPOSAL UNIT CONTAINING THESE WASTESMemo
 Description: The Texas Water Commission should determine the future status of the disposal unit containing K006 waste that was originally granted a temporary exclusion and later denied a final exclusion.
 
08/13/1987USED CRANKCASE OIL DISPOSED OF BY DO-IT-YOURSELFERSMemo
 Description: Used oil disposed by “Do-It-Yourselfers” is exempt as household hazardous waste. No federal permits are required for used oil collection, transportation, recycling, or disposal (SEE ALSO: Part 279).
 
08/12/1987ZINC OXIDE DUSTMemo
 Description: Zinc oxide sludge used to make a fertilizer is used in a manner constituting disposal. Reclaimed zinc oxide sludge used to make zinc sulfate is not a solid waste. Sludge reclaimed for both metal and fertilizer is subject to use in a manner constituting disposal rules.
 
08/12/1987ZINC OXIDE DUST RECLAIMED OR USED AS FERTILIZERMemo
 Description: Zinc oxide sludge that is used to make a fertilizer is a solid and hazardous waste used in a manner constituting disposal. Reclaimed zinc oxide sludge that is used to make zinc sulfate is not a solid waste. Sludge reclaimed for both metal and fertilizer is subject to rules for use in a manner constituting disposal.
 
08/10/1987LAND DISPOSAL PROHIBITION RULE FOR SOLVENTSMemo
 Description: Only the initial generator can determine that a waste with less than 1% F001-F005 solvents is subject to a national capacity variance. Treatment facilities must treat residues to meet the applicable treatment standard and must complete land disposal restrictions (LDR) notification. The generator, not the treater, must determine if the waste is prohibited. The treater can apply for a case-by-case extension.
 
08/03/1987JOINT NRC-EPA GUIDANCE ON AN APPROACH FOR COMMERCIAL MIXED LOW-LEVEL RADIOACTIVE AND HAZARDOUS WASTE DISPOSAL FACILITIESMemo
 Description: Provides joint Nuclear Regulatory Commission (NRC) - EPA guidance on a conceptual design approach for commercial mixed low-level radioactive and hazardous waste disposal facilities (i.e. landfills).
 
07/21/1987F003 10% RULE AND ASSOCIATED REGULATIONSMemo
 Description: Discarded, used paint thinner that is 80% xylene, 9% toluene, and 11% glycol ethers before use is ignitable (D001) not F003, F005. Ignitable solvent rags are not subject to the land disposal restrictions (LDR) until third third (SEE ALSO: 55 FR 22520; 6/1/90 and RPC# 2/14/94-01).
 
07/21/1987SOURCE REDUCTIONMemo
 Description: EPA’s strategy favors source reduction, waste minimization, and recycling over treatment and land disposal. Includes four reasons why source reduction is preferable to treatment. Not all wastes can be eliminated by source reduction.
 
07/16/1987CASE-BY-CASE EXTENSION PETITION, INFORMATION REQUIREDMemo
 Description: Includes an overview of the requirements that facilities must meet to receive a case-by-case extension to the effective date of the land disposal restrictions (LDR). A surface impoundment or landfill managing waste during an extension must meet the minimum technological requirements (MTR).
 
07/16/1987NON-APPLICABILITY OF THE LESS-THAN-1% EXTENSION TO TREATMENT RESIDUALSMemo
 Description: A national capacity variance for wastes containing less than 1% total solvent constituents does not apply to residuals from the recovery of a restricted waste, but rather to the initial generator of waste before treatment. Treatment residues must meet the applicable land disposal restrictions (LDR) treatment standards.
 
07/02/1987FEDERAL POLICY REGARDING DIOXIN DISPOSALMemo
 Description: Includes a clarification of the federal policy on the disposal of dioxin and dioxin- contaminated material, a summary of EPA efforts to regulate dioxin under CWA, CERCLA, and RCRA, and a description of F-listed dioxin wastes (F020, F021, F022, F023, F027, F028).
 
07/01/1987ON-SITE TREATMENT BY GENERATORS UNDER 262.34Memo
 Description: Generators can treat in accumulation tanks or containers without a permit provided the treatment occurs in units complying with Subparts I or J of 265. Open burning in drums or tanks is not allowed under 262.34. Subparts I and J limit the type of treatment that can occur. Burning in open drums is not allowed because open burning (defined in 260.10) is a method of disposal. Open burning (thermal treatment) of waste, except for explosives, is prohibited under 265.382.
 
07/01/1987RETROFITTING FOR PERMITTED SURFACE IMPOUNDMENTSQuestion & Answer
 Description: The owner of a surface impoundment under interim status on 11/8/84 must comply with the minimum technological requirements by 11/8/88, even if the facility receives a permit before 11/8/88. EPA must issue or deny permits by 11/8/88 for all land disposal units under interim status on 11/8/84.
 
06/29/1987WASTES GENERATED IN MANUFACTURING PROCESS UNIT NOT SUBJECT TO LAND DISPOSAL RESTRICTIONS UNTIL REMOVEDMemo
 Description: Wastes generated in a manufacturing process unit are not subject to the land disposal restrictions (LDR) until the waste exits the manufacturing process. The initial generator should determine if the waste is eligible for a national capacity variance.
 
06/26/1987GENERATOR REQUEST FOR EXEMPTION FROM OR EXTENSION OF LAND DISPOSAL RESTRICTIONSMemo
 Description: Land disposal includes land treatment. Restricted waste may not be land treated unless it meets the treatment standard or has been granted a no-migration variance.
 
06/26/1987SLUDGE CONTAINING 1,1,1-TRICHLOROETHANE (TCE)Memo
 Description: Solvent wastes placed in storage or land disposed prior to the effective date of the land disposal restrictions (LDR) become subject to LDR when they are removed from storage or taken out of the land, unless they are subject to a variance or meet the applicable treatment standard.
 
06/26/1987TREATMENT AND DISPOSAL METHODS FOR LOW-LEVEL WASTES THAT CONTAIN UNCONTAMINATED OR RADIOACTIVE LEADMemo
 Description: Activated lead may be stored to allow radioactive decay prior to disposal as a hazardous waste. Mixed waste storage requires a permit. Surface-contaminated lead may be decontaminated. EPA may establish below regulatory concern (BRC) levels for radiation. Container liners used as shielding in low-level waste disposal are not RCRA-regulated. Encapsulation may be a viable treatment for lead wastes if the process results in a product that will not degrade after disposal (SEE ALSO: 64 FR 63464; 11/19/99).
 
06/18/1987CALIFORNIA LIST LAND DISPOSAL RESTRICTIONS ARE APPLICABLE TO LIQUID WASTESMemo
 Description: Lead plastic bags are not subject to the land disposal restrictions (LDR) California list prohibition for liquid hazardous wastes that contain lead or lead compounds (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
06/12/1987CLEAN CLOSURE AND DISPOSAL OF AN INCINERATORMemo
 Description: There are three disposal options for incinerators: clean closure and leave on site, clean closure and ship to a Subtitle D facility, and ship to a Subtitle C facility.
 
06/12/1987WASTE ANALYSIS REQUIREMENTS IN INCOMING WASTE SHIPMENTS - LDRMemo
 Description: Land disposal facilities do not have to test each shipment of incoming waste for the land disposal restrictions (LDR). A facility’s waste analysis plan must specify procedures for testing and inspections. A disposal facility must obtain a detailed analysis of waste constituents from the generator or treater and should update it annually.
 
06/01/1987GROUNDWATER MONITORING FOR RADIONUCLIDESQuestion & Answer
 Description: An interim status disposal facility must monitor for drinking water parameters, including gross Alpha radiation (a radionuclide) during the first year. Part 265 regulations do not contain requirement to monitor for radionuclides beyond the first year.
 
05/20/1987PAINT WASTES AND THE SPENT SOLVENT LISTINGSMemo
 Description: Paint or paint sludge waste from a painting operation where paint has been thinned with waste xylene is not F003. Spent xylene used to clean spray guns is F003. A mixture of F003 and paint sludge produces F003 waste via the mixture rule (SEE ALSO: 66 FR 27266; 5/16/01). Sludge from the treatment of F003 remains F003, even if it no longer contains a solvent. Sludge may be land disposed if it meets treatment standards.
 
05/01/1987DISPOSAL PRIOR TO NOVEMBER 19, 1980Question & Answer
 Description: A tank closed in accordance with existing industry practices in 1977 is an inactive disposal facility and is not subject to RCRA Subtitle C, unless the waste is subsequently managed in a manner that constitutes treatment, storage, or disposal. EPA could enforce under 7003 or CERCLA.
 
04/30/1987MIXTURE RULE CALCULATION - INCLUDING VOLATILIZED SOLVENTMemo
 Description: Once discharged to wastewater, the volume of discharged waste must be included in the weekly calculation for the 261.3(a)(2)(iv) mixture rule exemption levels for de minimis volumes of solvents. The calculation includes discharged solvents that later volatilize. The calculation does not include any solvents that are not disposed to wastewater.
 
04/17/1987CLEAN SOLVENT FROM RECYCLED SOLVENT-CONTAINING WASTE - STILL BOTTOMSMemo
 Description: Clean solvent from a recovery process that is beneficially used is not a solid waste and is not subject to the land disposal restrictions (LDR). Still bottoms from solvent recovery are F-listed in 261.31 and are subject to Part 268.
 
04/17/1987SPENT LEAD-ACID BATTERIES BEING RECLAIMEDMemo
 Description: Waste destined for recycling has the same potential for harm as waste destined for treatment or disposal. Only those persons who reclaim lead-acid batteries are subject to regulation for storage prior to recycling (SEE ALSO: Part 273).
 
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).
 
04/08/1987CLOSURE REQUIREMENTS FOR THE DISPOSAL OF STORAGE TANKSMemo
 Description: Owners or operators that are unable to remove or decontaminate a tank system must close it as a landfill. Tank system components that do not contain hazardous waste are not subject to Subtitle C requirements;. Follow NFPA guidelines when abandoning a tank system in place.
 
03/31/1987REGION III ISSUES ON SECTION 3004(U) AUTHORITYMemo
 Description: Enforcement for waste disposal on a property that is not contiguous with a facility must be addressed under 7003 rather than 3004(u). Discusses the applicability of the solid waste management unit (SWMU) definition to process collection sewers. 3004(u) may be used in a limited manner to require monitoring and detection systems where releases are likely but have not yet occurred. Permitting and corrective action apply to all SWMUs at a facility, even if a portion of the facility is leased to another party.
 
03/31/1987SPENT PICKLE LIQUOR, REUSE OFMemo
 Description: Spent pickle liquor (K062) that is reused as a neutralizer may not qualify for the direct reuse exemption from the definition of solid waste (SW) depending on site-specific factors. K062 stored without being used for neutralization is clearly SW. The use in manner constituting disposal regulations only apply to wastes or waste-derived material that is placed on the land as a product.
 
03/30/1987SUMMARY OF PERMIT ASSISTANCE TEAM (PAT) COMMENTSMemo
 Description: A native soil foundation does not constitute a liner for the purposes of the 3005(j)(2) waiver. A 264.282 compatibility demonstration applies to both hazardous and nonhazardous waste. Addresses HSWA waste minimization requirements (3002(b)) and the application of sludge to land treatment units. The identification of principal hazardous constituents for land treated wastes must include all constituents that may enter the waste stream. A land treatment unit performance evaluation must include the unit’s ability to treat and degrade organic constituents, as well as its ability to immobilize heavy metals. Provides guidance on the frequency of soil pore liquid sampling at land treatment units (unsaturated zone monitoring) and guidance on screening groundwater monitoring wells. QA/QC methodology at a land treatment unit should include verification of the organic constituent analysis by gas chromatography/mass spectroscopy (GC/MS). Includes guidance on the content of construction quality assurance plans. A person who conducts quality assurance measures for surface impoundments, waste piles, and landfills should be independent of the construction contractor. Discusses the use of Method 9090 for compatibility testing of liner materials with waste or leachate. All man-made materials that contact waste or leachate should be subjected to the immersion test portion of 9090. A sample of waste or leachate used in compatibility testing must be representative of the actual waste or leachate managed in the surface impoundment, waste pile, or landfill. A concrete pad cannot be equivalent protection. If the design slope of a final landfill cover exceeds 3-5%, the applicant must demonstrate that soil erosion will not be excessive and may need to perform a slope stability analysis. Waste and soil settlement must be included in calculations for the final landfill cover design to be substituted for a waste pile liner as equivalent protection under 3015(a). A flexible membrane liner should not be used in a final cover when the landfill is unusually deep and slopes are steep. Clean, not contaminated, soil should be used for the final cover. A leachate collection system design should be based on realistic infiltration rates. Geogrid and geotextile materials used in place of conventional drainage materials for a landfill must have an equivalent drainage capacity of a one-foot layer of compacted sand. Berms constructed of manufactured slag should not contain hazardous constituents. For landfills, the use of a composite primary liner below the primary synthetic liner is allowable. An owner of a land treatment unit who cannot establish vegetative cover may use an alternate closure procedure. A facility cannot extend closure in order to receive nonhazardous waste (SUPERSEDED: see current 264.113(d)). Addresses the role of the Agency for Toxic Substances and Disease Registry (ATSDR) in exposure information and evaluation. The review of Exposure Information Reports should be coordinated with ongoing RCRA Facility Assessments.
 
03/25/1987PESTICIDE DISPOSAL BY FARMERS AND CONTAINER MANAGEMENTMemo
 Description: Farmer can dispose of rinsate from containers of 2, 4-D pesticide at their own farm if they comply with 262.51 (SUPERSEDED: now 262.70). If farmers render a container empty, they can ship the container without a manifest .
 
03/18/1987REACTIVE CHARACTERISTICS OF DISCHARGED LI/SO2 BATTERIESMemo
 Description: Based on the supplied data, EPA agrees that Li/SO2 (lithium-sulfur dioxide) batteries are unlikely to exhibit the reactivity characteristic when they are fully discharged to zero volts. Fully-charged and duty-cycle Li/SO2 batteries are reactive. The generator is responsible for the hazardous waste determination. The placement of ignitable (D001) or reactive (D003) waste into a landfill is prohibited unless it is treated, rendered, mixed before, or immediately after, placement in the landfill so that it is no longer characteristic (SEE ALSO: Part 268).
 
03/11/1987REPLACEMENT UNIT, DEFINED - WASTE CONSOLIDATION FROM SEVERAL IMPOUNDMENTSMemo
 Description: A replacement surface impoundment or landfill is a unit that is taken out of service, emptied by removing waste, and reused. A replacement unit must meet minimum technological requirements before reuse. An impoundment may change to a landfill during interim status, but becomes a replacement unit under changes during interim status (SEE ALSO: 270.72(b)).
 
03/10/1987DISPOSAL FACILITY REQUIREMENTS FOR LAND DISPOSAL RESTRICTIONS CERTIFICATIONMemo
 Description: Generators must send land disposal restrictions (LDR) notification with each shipment for wastes with restricted constituents (SUPERSEDED: See 62 FR 25997; 5/12/97). If the waste can be disposed without treatment, generator certification is necessary. Disposal facilities must verify that restricted wastes meet treatment standards.
 
03/10/1987SOLVENT-CONTAINING WASTE SOLIDIFIED WITH VERMICULITEMemo
 Description: EPA cannot grant extensions to the effective date of land disposal restrictions (LDR) to generators that need time to find treatment capacity for restricted wastes or if treatment is costly. If adequate treatment capacity does not exist, the generator may apply for a case-by-case extension.
 
03/01/1987LAND DISPOSAL RESTRICTIONS - CALIFORNIA WASTEQuestion & Answer
 Description: Includes an historical discussion of the California list prohibitions for halogenated organic compounds (HOCs) and the proposal to prohibit from land disposal liquid hazardous wastes containing between 1000 ppm and 10,000 ppm HOCs on 7/8/87 (SEE ALSO: RPC# 9/27/91-01, 52 FR 25760; 8/17/88) (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
02/19/1987REPROCESSING OF BATTERIESMemo
 Description: Waste destined for recycling has the same potential for harm as waste destined for treatment or disposal. Only persons who reclaim lead-acid batteries are subject to regulation for storage prior to recycling (SEE ALSO: Part 273). RCRA 3017 mandated export regulations unless the Administrator is notified, the receiving country has consented, a copy of the consent is attached to the manifest, and the shipment conforms to the consent.
 
02/12/1987BATTERY RECYCLING AND EXPORTMemo
 Description: Waste destined for recycling has the same potential for harm as waste destined for treatment or disposal. Only persons who reclaim lead-acid batteries are subject to regulation for storage prior to recycling (SEE ALSO: Part 273). RCRA 3017 mandated export regulations unless the Administrator is notified, the receiving country has consented, the copy of consent is attached to the manifest, and the shipment conforms to the consent. EPA expects that exporters will not typically exceed the 90 day generator time limit.
 
02/03/1987LAND DISPOSAL RESTRICTIONS ON THE METAL FINISHING INDUSTRYMemo
 Description: Certain hazardous wastes are prohibited unless the wastes meet the land disposal restrictions (LDR) treatment standards set by EPA, or if a facility is granted a no-migration petition, national capacity variance, or case-by-case extension.
 
02/01/1987LAND DISPOSAL RESTRICTIONSQuestion & Answer
 Description: The one-year storage prohibition period for a generator with interim status for storage begins on the date when waste is first placed in the tank or container. An owner/operator bears the burden of proof for storing waste longer than one year. Wastes initially accumulated prior to the land disposal restrictions (LDR) are not subject to storage prohibitions.
 
02/01/1987LIQUIDS IN LANDFILLSQuestion & Answer
 Description: Liquids which have been stabilized by the addition of absorbents must have a compressive strength of 50 p.s.i. before being placed in landfills (SUPERSEDED: see 264.314, 57 FR 54452; 11/18/92).
 
01/20/1987BULK LIQUID HAZARDOUS WASTE SOLIDIFICATION REQUIREMENTSMemo
 Description: Provides guidance on determining an adequate binding level for chemically stabilizing bulk liquid waste. An owner or operator of a landfill is responsible for meeting the bulk liquid provisions (3004(c)(1)). A generator or client of a landfill is not responsible (SEE ALSO: RPC# 11/17/93-02).
 
01/20/1987LAND 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.
 
01/12/1987SOLVENT-BEARING WASTEWATER, SLUDGE, AND BRINE TREATED AND STORED IN SURFACE IMPOUNDMENTSMemo
 Description: Wastewaters and sludges with less than 1% total F001-F005 solvents are subject to the land disposal restrictions (LDR) national capacity variance and can be stored or treated in surface impoundments that meet minimum technical requirements (MTR). After the effective date, waste must be treated to meet the treatment standard, disposed pursuant to the case-by-case extension, or managed in a unit with a surface impoundment exemption.
 
01/01/1987CORRECTIVE ACTION - 3008(H)Question & Answer
 Description: 3008(h) applies to facilities which treat, store, or dispose of hazardous waste but that did not apply for interim status; units or facilities at which active operations have ceased and interim status has been terminated; and units which are currently operating under interim status. 3008(h) can be used to compel responses to releases at facilities that lost interim status prior to 3008(h) action.
 
01/01/1987The Solid Waste Disposal Act as Amended by the Hazardous and Solid Waste Amendments (The Resource Conservation and Recovery Act)Publication
 Description: Includes Senate Committee print (99-215) of Hazardous and Solid Waste Amendments of 1984 (Public Law 98-616), Safe Drinking Water Act Amendments of 1986 (Public Law 99-339), and Superfund Amendments and Reauthorization Act of 1987 (Public Law 99-499).
 
12/31/1986SPECIAL MATERIALS DISPOSED OF IN LANDFILLS: BATTERIES, CAPACITORS, LAB PACKSMemo
 Description: Batteries and capacitors are exempt from the landfill containerized liquid requirements. They do not need to be 90% full, crushed, or shredded before disposal (SEE ALSO: Part 273).
 
12/30/1986CONTAINERIZED AND BULK HAZARDOUS LIQUIDS IN RCRA LANDFILLSMemo
 Description: Any absorbent, biodegradable or non-biodegradable, may be used for the treatment and disposal of free liquids in a landfill (SUPERSEDED: see 57 FR 54452; 11/18/92, and RPC# 11/17/93-02).
 
12/30/1986TECHNICAL SUPPORT DOCUMENT FOR BDATMemo
 Description: The treatment standards for spent solvents do not require the use of a particular technology. The best demonstrated available technology (BDAT) background document for F001-F005 spent solvents provides information on the applicable technologies used to meet land disposal restrictions (LDR) standards and serves as a basis for decisions of treatment variances.
 
12/15/1986DRY TOLUENE AND CARBON TETRACHLORIDE, SAFE DISPOSAL OFMemo
 Description: “Dry” toluene and carbon tetrachloride could be mobilized by other liquids in a landfill when disposed as regular trash .
 
12/11/1986DRY CLEANING CARTRIDGE FILTERS, DISPOSAL OFMemo
 Description: Valclene or trichlorotrifluoroethane that is used in dry cleaning operations is F002. SQGs generating certain spent solvents qualify for a two-year national capacity variance until 11/8/88. CESQGs are not subject to land disposal restrictions (LDR).
 
12/04/1986STANDARDS AGAINST WHICH 3004(O)(2) EQUIVALENCY PETITION SHOULD BE COMPARED - DOUBLE LINERMemo
 Description: The minimum technological requirement (MTR) (3004(o)) equivalency demonstration for landfills is evaluated against the interim statutory double-liner design (SEE ALSO: 57 FR 3462; 1/29/92).
 
12/01/1986DILUTION OF F003 WASTESQuestion & Answer
 Description: If an F003 listed waste is mixed with a solid waste such that it no longer exhibits a characteristic, it is no longer subject to RCRA or the land disposal restrictions (LDR) (SUPERSEDED: SEE 57 FR 37210; 8/18/92 and 61 FR 15662; 4/8/96).
 
12/01/1986EXISTING UNITS AND MIMIMUM TECHNOLOGY STANDARDSQuestion & Answer
 Description: Removing waste from a landfill, stabilizing it, and replacing it is not reuse or replacement of a landfill provided it is part of closure and no new waste is added. The landfill is still an existing unit and is not subject to the minimum technology standards of section 3004(o) (SEE ALSO: 57 FR 3464-3465; 1/29/92).
 
12/01/1986LAND 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).
 
12/01/1986LAND DISPOSAL RESTRICTIONS - STORAGE OF RESTRICTED WASTESQuestion & Answer
 Description: A restricted waste may be stored for up to one year to facilitate proper recovery, treatment, or disposal. The owner/operator may store waste beyond one year but must bear burden of proof. The storage prohibition does not apply to delays due to maintenance, back-ups, or operational difficulties.
 
12/01/1986LAND DISPOSAL RESTRICTIONS - TREATED WASTESQuestion & Answer
 Description: Listed hazardous wastes treated to meet the land disposal restrictions (LDR) treatment standards may be land disposed. Treated listed wastes remain hazardous until or unless they have been delisted. Treated characteristic wastes that no longer exhibit a characteristic are not hazardous wastes.
 
12/01/1986LAND DISPOSAL RESTRICTIONS - VARIANCES TO BANQuestion & Answer
 Description: A discussion of the effective dates for solvents (F001-F005) and dioxins (F020-F023; F026-F028) under the land disposal restrictions (LDR). EPA provided national capacity variances for certain solvent wastes and all dioxin wastes.
 
11/20/1986CONTAMINATED GROUND WATER AND VOLATILES FROM AIR STRIPPING, TREATMENT OFMemo
 Description: Contaminated groundwater is not a solid waste but must be handled as if it were a hazardous waste if it contains hazardous waste (contained in policy). Units handling such groundwater must be hazardous waste units. Such units may be exempt from permitting under the section 270.72 changes during interim status. Volatile organics released to the air during remediation are not solid wastes, but a release of hazardous constituents is subject to section 3008(h) corrective action authorities. The statute requires both air and groundwater contamination to be addressed. (SEE ALSO: 264/265 Subparts AA, BB, CC). A 1977 spill from a UST is subject to section 9003 corrective action is not subject to section 3008(h). The spraying of treated waste on land is land disposal and is subject to the land disposal restrictions (LDR).
 
11/01/1986PROHIBITION ON STORAGE OF RESTRICTED WASTEQuestion & Answer
 Description: A generator of a restricted waste may still obtain a 30 day extension to a 90 day accumulation time limit. In addition, generators who need to store restricted waste for longer than 90 days to facilitate recovery, treatment, or disposal may qualify for interim status and apply for a permit.
 
10/27/1986COMPLYING WITH RCRA INTERIM STATUS STANDARDS WHILE DEVELOPING A PERMIT APPLICATIONMemo
 Description: Interim status facilities must comply with the Part 265 standards until the final disposition of a RCRA permit. If a common element of Parts 264 and 265 is improved while developing a permit (e.g., waste analysis plan), the facility may be able to replace or append an interim status document with a newer version.
 
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.
 
10/21/1986REGULATORY STATUS OF USED WOOD PRESERVATION CONTAINING PENTACHLOROPHENOL (PCP)Memo
 Description: A mixture of unused pentachlorophenol (PCP) formulation (F027) and used PCP formulation that is spilled, disposed, or intended for disposal, is F027 via the mixture rule. As F027 does not include used PCP formulations, it is only hazardous waste if mixed with a listed or characteristic waste.
 
10/14/1986REGULATION OF HAZARDOUS COMPONENTS OF RADIOACTIVE MIXED WASTEMemo
 Description: Mixed waste contains a hazardous component subject to RCRA and a radioactive component subject to the Atomic Energy Act (AEA). RCRA allows the disposal of mixed waste at facilities handling other radioactive wastes. States may enter into cooperative agreements. A discussion of mixed waste authorization.
 
10/08/1986HAZARDOUS WASTES THAT ARE RECYCLED, HANDLINGMemo
 Description: Transportation and storage before recycling and disposal are equivalent. The value of waste to be recycled is not sufficient to exempt it from regulation. The regulation prior to recycling applies only to hazardous waste.
 
10/01/1986CORRECTIVE ACTION FOR NEW FACILITIESQuestion & Answer
 Description: The section 3004(u) corrective action authority covers all facilities seeking permits, including facilities at which no authorized hazardous waste management activity has taken place. Solid waste management units (SWMUs) include landfills, dumps, units in which RCRA-exempt wastes have been stored or disposed.
 
10/01/1986HAZARDOUS WASTE TANKSQuestion & Answer
 Description: Permits only incorporate regulations effective prior to the final administrative disposition of a permit. Regulations that are not yet effective may be added under the omnibus authority. A tank installed between 7/14/86 and the effective date is a new tank. All tanks that meet the definition of a new tank, must follow the new standards.
 
10/01/1986LAND DISPOSAL RESTRICTION VARIANCESQuestion & Answer
 Description: Facilities of waste subject to the land disposal restrictions (LDR) for which no treatment technologies have been developed can obtain a no-migration variance under section 3004(e), a case-by-case extension under section 3004(h)(3), and a treatability variance (Historical MRQ).
 
09/29/1986RESPONSES TO ACCIDENTAL SPILLS OF LISTED OR CHARACTERISTIC HAZARDOUS WASTESMemo
 Description: An authorized official may approve the removal of a transportation spill without an EPA ID number or a manifest in an emergency. The transporter must respond immediately. A summary of the exemption from the sections 264 and 265 standards for immediate responses to hazardous waste discharges. Spills should be addressed in accordance with the contingency plan. Spills that are not cleaned up become land disposal sites subject to permitting. There is no definition of immediate response. Spill areas where hazardous waste is treated, disposed, or stored past an immediate response phase are subject to interim status and permitting standards. RCRA regulations do not specify the cleanup standards for spill situations.
 
09/29/1986SOIL CONTAMINATED WITH CHLORDANE AS A RESULT OF PESTICIDE APPLICATIONMemo
 Description: While unused CCP chlordane is listed as U036 when it is discarded, land application of chlordane pesticide product does not make it a solid waste even though it is used in a manner constituting disposal, since placement on land is the pesticide’s intended purpose (261.2(c)(1)(B)(ii)). Soil contaminated with chlordane as a result of pesticide application is a hazardous waste only if excavated for disposal and characteristic.
 
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).
 
09/15/1986EFFECT OF LAND DISPOSAL RESTRICTIONS ON PERMITSMemo
 Description: The land disposal restrictions (LDR) apply to all disposal facilities regardless of any existing permit conditions. A permit does not shield a facility from the LDR. The self-implementing provisions under section 3004(e) of HSWA apply to solvents and dioxins.
 
09/01/1986EXPORT OF HAZARDOUS WASTEQuestion & Answer
 Description: A characteristic by-product being exported for regulation is not a solid waste and not subject to the exporting requirements. A generator exporting a characteristic by-product for recycling is subject to the section 261.2(f) documentation that the material is not a solid waste. The exporter should be able to demonstrate a known market or disposition for material.
 
09/01/1986HAZARDOUS WASTE TANK CLOSURE AND POST-CLOSUREQuestion & Answer
 Description: If the owner or operator closing a hazardous waste tank after 1/12/87 cannot remove and decontaminate all soil, etc. he/she must close the tank as a landfill, and comply with the post-closure and financial responsibility requirements. EPA may issue a section 3008(h) corrective action order if necessary.
 
08/28/1986SOLVENT-LADEN CLEANING RAGS UNDER RCRAMemo
 Description: EPA is considering a petition to exempt solvent-contaminated shop towels and disposable industrial wipers from the definition of hazardous waste under the mixture rule (SUPERSEDED: see RPC# 2/14/94-01). Evaporation in a generator accumulation container is not exempt as a condition of the exemption is that containers remain closed except to add or remove waste (SEE ALSO: Part 264/Part 265, Subpart CC).
 
08/21/1986EXEMPTION FOR COMMERCIAL FERTILIZERS ONCE THE FERTILIZER IS PRODUCEDMemo
 Description: K061 as fertilizer is use in manner constituting disposal. Fertilizer production waste is K061 via the derived-from rule. Once K061-derived zinc fertilizer is produced for general public use, it is exempt. Fertilizer should be handled as a comparable fertilizer product. Zinc fertilizer made with HW is not commercial fertilizer until it is reacted with sulfuric acid, granulated, and sized.
 
08/13/1986TANK CONVERSION FROM WASTE STORAGE TO FEEDSTOCK STORAGE - REGULATIONMemo
 Description: A waste storage tank that is closed and converted to product storage is no longer subject to Parts 264 Subpart J/265 Subpart J. A containment structure used to contain a release during an immediate response to a spill is exempt from permitting and the technical standards if the hazardous residue is removed. A release may be subject to section 3004(u) corrective action. Inactive disposal units that are clean closed before 11/19/80 may be subject to sections 3004(u) or 3008(h) corrective action if other hazardous waste management units are currently in operation.
 
08/11/1986CASE-BY-CASE EXTENSION UNDER THE LAND DISPOSAL RESTRICTIONS, INFORMATION REQUIREDMemo
 Description: An overview of information that EPA requires for receiving case-by-case extensions of the land disposal restrictions (LDR) effective date under section 3004(h)(3). Facilities can opt to use the treatment surface impoundment exemption under section 3005(j)(11).
 
08/07/1986LINER/LEACHATE COLLECTION SYSTEM COMPATIBILITYMemo
 Description: HDPE (high density polyethylene) is not a universal material for a liner and leachate collection system for surface impoundments, waste piles and landfills. Different HDPE material varies in physical and chemical properties. A liner and leachate collection system must be chemically resistant to waste in a landfill. This memo provides suggestions for testing landfill components.
 
07/28/1986HOLDING, TEMPORARY, PERIOD, STORAGE, AND DISPOSAL (DEFINITIONS)Memo
 Description: Holding is not defined in RCRA, but means the containment in a storage unit. A discussion of the definition of storage and disposal. A temporary period is not defined in RCRA, but it is related to closure and financial assurance. A pipe, funnel, or hose used to transfer waste to or from a storage unit is regulated as part of the unit.
 
07/11/1986LEAD-ACID BATTERY IMPROPER DISPOSALMemo
 Description: An individual consumer may dispose of lead-acid batteries (battery) (baunder household hazardous waste (HHW) exemption). EPA regulates storage of lead-acid batteries by the reclaimer prior to the reclamation, but not the generation, storage, or transportation by other persons (SEE ALSO: Part 273).
 
07/03/1986RECYCLABLE CLOTH WIPERS AND DISPOSABLE INDUSTRIAL WIPERS USED TO CLEAN UP HAZARDOUS WASTESMemo
 Description: Disposable or reusable rags and wipers are hazardous waste (HW) if they are used to clean a characteristic HW and exhibit a characteristic or if they are used for listed HW. HW wiper disposal and laundry are regulated (SUPERSEDED: see RPC# 2/14/94-01). Handling may affect potential CERCLA liability.
 
07/01/1986LAND DISPOSAL PROHIBITIONQuestion & Answer
 Description: An overview of EPA’s original intentions regarding the land disposal restrictions (LDR). EPA will not categorically prohibit the land disposal of all hazardous waste. A discussion of permissible land disposal. Discusses the development and structure of treatment standards (SEE ALSO: Part 268).
 
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).
 
06/24/1986AUTHORIZATION OF STATE PROGRAMS TO IMPLEMENT LAND DISPOSAL RESTRICTIONS PROGRAMSMemo
 Description: State programs can be more stringent or broader in scope. EPA can enforce in an unauthorized state. A memo of understanding or overfiling keep programs consistent. A discussion of generator counting of waste cartridges. A totally enclosed treatment waste is subject to the land disposal restrictions (LDR).
 
06/19/1986RISK-BASED METHODOLOGIES ON LAND DISPOSAL RESTRICTIONSMemo
 Description: A risk-based approach to the development of the land disposal restrictions (LDR) regulations is not appropriate because the statute contains presumption against the land disposal of untreated waste. Risk-based methodologies are an effective tool in developing regulations to identify hazardous waste.
 
06/12/1986BULK LIQUIDS AND DRAIN/LEACHING FIELDSMemo
 Description: Section 3004(c)(1) applies only to bulk liquid hazardous waste. the land disposal restrictions (LDR) limit the number of organic wastes placed on the land. Surface drain fields are regulated under RCRA as a land treatment facility, subsurface drain fields are regulated under SDWA.
 
06/11/1986PROHIBITION ON THE PLACEMENT OF BULK LIQUID HAZARDOUS WASTE IN LANDFILLS - STATUTORY INTERPRETIVE GUIDANCEMemo
 Description: A discussion of the prohibition on the placement of bulk liquid hazardous waste in landfills, and statutory (3004(c)) interpretive guidance.
 
06/02/1986PAINTING CONTRACTOR WASTES-SMALL QUANTITY GENERATORMemo
 Description: Methylene chloride is a listed waste (F002) when used as a solvent and can be toxic. Muriatic acid is likely to be corrosive (D002) but not toxic. Generators who produce greater than 100 kg/mo are subject to regulation. CESQGs may dispose of hazardous waste in any state approved landfill.
 
06/01/1986CORRECTIVE ACTION IN PERMITSQuestion & Answer
 Description: The section 3004(u) corrective action requirement for facilities seeking permits is not applicable to interim status facilities which convert to generator status or which close no land disposal units. Facilities without regular or post-closure permits must conduct corrective action for releases at a solid waste management units (SWMUs) under section 3008(h) or section 7003. The section 3008(h) orders may be issued after closure.
 
05/27/1986RESIDUES FROM MUNICIPAL WASTE RESOURCE RECOVERY FACILITIES; MUNICIPAL WASTE COMBUSTION RESIDUES-ASH AND SLUDGEMemo
 Description: Municipal waste combustion (MWC) ash may exhibit the toxicity characteristic. Hazardous ash disposed in landfills is subject to all hazardous standards. EPA has authority under CAA and RCRA to control dust. RCRA is the primary authority for groundwater protection at active landfills (SEE ALSO: RPC# 10/1/94-02; 59 FR 29372; 6/7/94; 60 FR 6666; 2/3/95; RPC# 3/22/95-01).
 
05/16/1986SCOPE OF FARMER EXEMPTION AT 40 CFR 262.10(D) AND 262.51Memo
 Description: Commercial pesticide applicators who apply and dispose of pesticide for farmers can qualify for the farmer exemption. All pesticide residues must be disposed on the farm where they are used. The general disposal instructions on pesticide label satisfy 262.70 requirements.
 
05/01/1986FORMALDEHYDE-BASED TOILET DEODORANTSMemo
 Description: The intended use of toilet deodorants requires them to ultimately enter sewers/ cesspools, this is not disposal. Toilet deodorants disposed unused with formaldehyde as the sole active ingredient are hazardous wastes.
 
05/01/1986TREATMENT WITHOUT A PERMITQuestion & Answer
 Description: Dilution is treatment, but the treatment in an accumulation tank or container under section 262.34 does not require a permit (SEE ALSO: 268.3, 268.7(a)(4)). A characteristic waste treated so it no longer exhibits a characteristic can be disposed of in a Subtitle D landfill (SEE ALSO: 268.9).
 
04/27/1986BAN ON USE OF LIQUIDS IN LANDFILLSMemo
 Description: Contact runoff from the active portion of landfill is a liquid hazardous waste because it is mixed with hazardous leachate (SEE ALSO: 61 FR 18779; 4/29/96). The placement of nonhazardous liquids on a landfill to meet requirements such as wind dispersal or dust suppression are not prohibited (3004(c)(3)).
 
04/21/1986LIQUIDS FOR WIND DISPERSAL CONTROL AT HAZARDOUS WASTE LANDFILLS, USE OFMemo
 Description: Nonhazardous liquids used for wind dispersal control at hazardous waste landfills are not subject to the section 3004(c)(3) liquid restrictions. The liquid restrictions cover treatment, storage, and disposal, not the use of a nonhazardous liquid for compliance with the technical requirements (SEE ALSO: current 264.301, 265.301).
 
04/21/1986REGULATORY STATUS OF SOLVENT TF-1Memo
 Description: Part 261, Appendix VIII, hazardous constituents are not the only listing determination factor for solvent TF-1, there are other factors. Solvent and PCB wastes with Appendix VIII constituents are not hazardous waste unless they are listed or characteristic. TSCA has the authority to regulate PCB handling and disposal (SEE ALSO: 261.8).
 
04/02/1986CLOSURE OF A DOE SURFACE IMPOUNDMENT THAT LOST INTERIM STATUSMemo
 Description: A waste from a surface impoundment that lost interim status may be removed, treated, and placed back in the unit at closure. The replacement of waste from the same surface impoundment for closure does not constitute reuse. When unable to remove all constituents from the unit the owner or operator should follow section 265.310 closure as a landfill requirements.
 
04/01/1986LAND DISPOSAL BANQuestion & Answer
 Description: The presence of solvent constituents in a non-listed waste does not subject the waste to solvents and dioxins land disposal restrictions (LDR). In order to be subject to the solvents land disposal restrictions, the waste must meet the F001-F005 solvent listings.
 
03/27/1986LAND DISPOSAL RESTRICTIONS HEARING ON FEB 24, 1986 RESPONSESMemo
 Description: Solvent-containing wastes going for disposal generally exceed the constituent treatment levels under the land disposal restrictions (LDR). Dioxin-containing wastes, including soils, will require treatment prior to disposal (SEE ALSO: 63 FR 28556; 5/26/98).
 
03/26/1986ABOVE-GROUND LAND EMPLACEMENT FACILITIES, N.J. LAWMemo
 Description: Above ground long-term storage or disposal is land disposal. Section 3004(c)(1) prohibits the addition of absorbent to bulk liquid hazardous waste for disposal in a landfill. Section 3004(c)(2) allows the addition of non-biodegradable absorbent to containerized hazardous liquid (SEE ALSO: RPC# 11/17/93-02), current 264.314, 265.314).
 
03/24/1986FACILITIES NOT SUBJECT TO CORRECTIVE ACTIONMemo
 Description: Facilities submitting Part A permit applications which never treated, stored, or disposed of hazardous waste (protective filing) have not achieved interim status. Such facilities are not subject to sections 3004(u) or 3008(h) corrective action authorities.
 
03/14/1986SUMMARY OF PERMIT ASSISTANCE TEAM (PAT) COMMENTSMemo
 Description: The owner of a landfill applying for the liner exemption must show that the unit prevents migration of hazardous constituents. The bulk treatment for hazardous liquids cannot include absorption. Bulk liquids that have been chemically stabilized must pass the paint filter liquids test. Guidance on filtering groundwater prior to analysis. Brass bailers should not be used when sampling groundwater for metals. Guidance on the use of mathematical models when aquifers have unique features. The definition of a solid waste management unit (SWMU) includes the areas with routine and systematic releases. The use of surface water limits as Alternate Concentration limits (ACLs). Guidance on determining the potential point of exposure for ACL applications. The use of modeling information in establishing ACLs. ACL guidance allows grouping of hazardous constituents. Activated carbon filtration may not be appropriate for pentachlorophenol (PCP)-contaminated groundwater. Corrective action programs for regulated land disposal units must be part of a facility’s permit. The owner of a facility who counterpumps contaminated groundwater during corrective action must handle the contaminated groundwater as a hazardous waste, the Part B application must include groundwater management procedures.
 
03/13/1986ON-SITE RECYCLING OF SPENT SOLVENTS BY GENERATORSMemo
 Description: Operational units are exempt from regulation when operations involve recycling hazardous waste. Storage before recycling is regulated. The recycling practices constituting disposal are not exempt.
 
03/06/1986GASEOUS EMISSIONS FROM LANDFILLSMemo
 Description: the EPA has authority under RCRA sections 3004(n) and 4004(a), and CAA to regulate gaseous emissions for hazardous and nonhazardous waste landfills (refer to CAA regulations for additional information).
 
03/03/1986CONSTRUCTION OF A NEW LANDFILL CELL AND THE OMNIBUS PROVISIONMemo
 Description: The construction of a new landfill cell at an interim status facility does not require a permit if the unit was detailed in an original Part A application. The landfill cell must have a double liner and a leachate collection system. A set of guidance on the location criteria and vulnerable groundwater for TSDFs. The omnibus permitting authority (3005(c)(3)) applies to permit conditions, and gives EPA a right to impose additional requirements on the construction of a new landfill cell at an interim status facility that is otherwise exempt from changes during interim status provisions (i.e., does not need to submit modified Part A).
 
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).
 
02/01/1986LAND DISPOSAL BAN OF SOLVENTSQuestion & Answer
 Description: New solvent wastes listed by 12/31/85 Federal Register (50 FR 53315) are subject to the land disposal restrictions (LDR) under authority of 3004(g)(4).
 
02/01/1986SOLID AND HAZARDOUS WASTE, DEFINED FOR SPENT SULFURIC ACIDQuestion & Answer
 Description: Spent sulfuric acid reintroduced into the sulfuric acid production process is excluded from solid waste definition under section 261.4(a)(7). Spent sulfuric acid is subject to the speculative accumulation provision. Spent sulfuric acid may be a solid and a hazardous waste if disposed rather than used as feedstock.
 
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).
 
01/28/1986HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAMS, CERCLA AND RCRA LIABILITY OF MUNICIPAL SPONSORS OFMemo
 Description: Household hazardous waste (HHW) is excluded from Subtitle C regulation even if accumulated in quantities that would otherwise be regulated, or when transported, treated, disposed. Household waste mixed with other regulated waste is regulated. There is no exemption from CERCLA liability. EPA may use enforcement discretion.
 
01/23/1986LEAKS, SPILLS, AND ILLEGAL DISCHARGES OF LISTED WASTES TO SURFACE WATERS, MIXTURE RULE APPLIED TOMemo
 Description: Lake and harbor sediment contaminated with illegal surface water discharge are not hazardous waste (HW) via the mixture rule. From exempt point source discharge, it is HW only if dredged and characteristic. Sediments not normally solid waste (SW), but could be HW via contained-in policy. Unpermitted discharge is illegal disposal. Discussion of active management (SEE ALSO: 61 FR 18779; 4/29/96).
 
01/22/1986COPPER PLATING SOLUTIONMemo
 Description: Materials incorporated into products used on the land are a solid waste (SW) and potentially a hazardous waste (HW) under the use in manner constituting disposal provisions. Corrosive (D002) spent copper sulfate bath used in a fertilizer is a SW and a HW. A commercial fertilizer product derived from a characteristic HW is not regulated (SUPERSEDED: see 266.20(b)).
 
01/22/1986COPPER PLATING SOLUTION REACTED WITH A CHELATING AGENT TO PRODUCE A COMMERCIAL FERTILIZERMemo
 Description: Materials incorporated into products used on the land are solid waste (SW) and potentially hazardous waste (HW) under “use in manner constituting disposal“ provisions. Corrosive (D002) spent copper sulfate bath used in fertilizer is SW and HW. Commercial fertilizer product derived from characteristic HW is not regulated (SUPERSEDED: see 266.20(b)).
 
01/05/1986EMERGENCY PERMITS FOR DETONATION OF EXPLOSIVE WASTEMemo
 Description: An emergency permit to detonate unstable explosives may be warranted if there is no feasible disposal alternative. EPA must provide a public notice for emergency permits, but a 45-day public notice is not required. The permittee must obtain all state and local approvals.
 
12/13/1985DECHARACTERIZATION AND DISPOSAL OF HAZARDOUS WASTES THAT HAVE UNDERGONE CHEMICAL SOLIDIFICATIONMemo
 Description: Chemically solidified de-characterized wastes are subject to the use in a manner constituting disposal standards. RCRA jurisdiction extends to all secondary materials applied to the land or used in water as a fill or support material. The EPA has decided not to regulate secondary materials formulated into fertilizers sold to the general public (SUPERSEDED: see 266.20(b)).
 
12/13/1985LAND DISPOSAL UNIT CLOSURE - CLARIFICATION OF PROPOSED AND PROMULGATED RULESMemo
 Description: A land disposal unit that closes prior to the effective date of any regulation listing or characterizing a waste in the unit as hazardous is not regulated under Subtitle C (active management). The same unit located at an interim status facility or a facility seeking a permit may be subject to portions of HSWA. Under 3004(o)(1)(A), landfill and surface impoundment permits must require the installation of liners, leachate collection systems, and groundwater monitoring systems (minimum technological requirements (MTR)). Section 3005(j) requires interim status surface impoundments in existence on 11/8/84 to be in compliance with MTR (3004(o)) by 11/8/88. A surface impoundment that becomes regulated after 11/8/84 due to a new listing or characteristic is subject to the minimum technological requirements (MTR) four years from date of a new listing or characteristic (3005(j) and 3004(o)(1)). A land disposal unit that is not required to obtain a RCRA permit and not otherwise subject to HSWA does not have to be retrofitted under 3004(o).
 
12/12/1985BURNING 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.
 
12/05/1985PROHIBITION ON PLACING LIQUIDS IN LANDFILLMemo
 Description: The addition of absorbent to a bulk liquid hazardous waste intended for disposal violates RCRA (SEE ALSO: 11/17/93-02). The land disposal definition for the land disposal restrictions (LDR) includes landfills (3004(k)). An authorized State must permit the landfill under RCRA to be a RCRA landfill, a deviation under state law does not constitute a RCRA permit.
 
11/27/1985LOSS OF FINANCIAL RESPONSIBILITY COVERAGE ON INTERIM STATUS AND PERMIT ISSUANCEMemo
 Description: An interpretation of land disposal facilities for purposes of 3005(e)(2) loss of interim status (LOIS) provision. All interim status TSDFs are subject to RCRA financial assurance requirements. EPA will not issue a Part B permit unless the owner is in compliance with the financial assurance regulations.
 
11/25/1985CHARACTERISTIC SLUDGES RECLAIMED OR PROCESSED PRIOR TO USE AS AN INGREDIENT IN FERTILIZERMemo
 Description: Characteristic sludge (zinc oxide dust) processed to produce ingredient (zinc sulfate) incorporated into fertilizer is solid waste (SW) because zinc oxide will be used in a manner constituting disposal. Sludge generation, transport, storage are subject to regulation. Characteristic sludge from air pollution control sent for recovery not SW unless speculatively accumulated. Characteristic sludge with metal values not SW if reclaimed.
 
11/25/1985RECYCLED CHARACTERISTIC HAZARDOUS WASTE SLUDGESMemo
 Description: Characteristic sludge (zinc oxide dust) processed to produce ingredient (zinc sulfate) incorporated into fertilizer is solid waste (SW) because zinc oxide will be used in a manner constituting disposal. Sludge generation, transport, storage are subject to regulation. Characteristic sludge from air pollution control sent for recovery not SW unless speculatively accumulated. Characteristic sludge with metal values not SW if reclaimed.
 
11/14/1985SPENT SULFURIC ACID PICKLE LIQUOR USED TO PRODUCE FERTILIZERMemo
 Description: Waste pickle liquor from steel finishing (K062) is a spent material. K062 used as an ingredient in a fertilizer is use constituting disposal, and is a solid waste and hazardous waste. Fertilizer product is derived from K062 and regulated under Part 266, Subpart C. If produced for the general public use, the product is exempt (SUPERSEDED: see 266.20(b)). K062 is not eligible for a delisting if it is characteristic. Petitioners have the option of withdrawing a petition rather than having EPA publish a denial in the Federal Register.
 
11/14/1985SURFACE IMPOUNDMENT RECEIVING LEACHATE, REGULATION OFMemo
 Description: A surface impoundment accepting landfill leachate exhibiting a characteristic is a hazardous waste facility.
 
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.
 
10/23/1985GENERATOR LIABILITY FOR DELISTED WASTE RELEASESMemo
 Description: Delisted waste is not subject to Subtitle C regulation, but the generator retains any CERCLA liability. Revocation of a delisting decision will not affect the status of previously delisted and disposed waste.
 
10/18/1985SOLIDTEK LANDFILL/LINER DESIGNMemo
 Description: Discusses the landfill bottom liner permeability requirement for a three-foot recompacted clay bottom liner. A composite bottom liner design is more protective (SUPERSEDED: see 57 FR 3462; 1/29/92).
 
10/03/1985APPROPRIATENESS OF THE EP/TCLP SIMULATION OF CO-DISPOSAL SITUATION FOR MINING WASTES; CHARACTERISTIC TESTS FOR DETERMINING THE HAZARDOUS CHARACTERISTICS OF MINING WASTESMemo
 Description: There is no determination on the appropriate tests used to identify mining or Bevill exempt mining and mineral processing wastes to be regulated as hazardous waste. TCLP is designed to simulate the leachability of industrial waste that is co-disposed with sanitary waste. Although the disposal scenario may be incompatible with mining waste disposal, similar generation of acids warrants TCLP or stronger. Mining wastes generate acidic leachate upon exposure to air.
 
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.
 
10/01/1985PERSONNEL TRAINING DURING POST-CLOSUREQuestion & Answer
 Description: Personnel training may not be required during post-closure if the owner or operator of an interim status surface impoundment or landfill is no longer actively managing hazardous waste. The owner must address all of the information requirements of 270.14 and 270.17 in post-closure permit application.
 
10/01/1985SMALL QUANTITY GENERATORS, 100-1000 KG/MONTH GENERATORS, AND THE MANIFESTQuestion & Answer
 Description: CESQG wastes accumulated by a storage facility in quantities greater than 1000 kg do not need to manifest when sent off-site. The final disposal site need not be RCRA-permitted. If waste was generated by a SQG, the waste must be manifested to a state-registered facility, and from the facility to the disposal site. After 3/31/86, waste generated by a 100-1000 kg/month generator (SQG) must be disposed in a RCRA-permitted or an interim status facility .
 
10/01/1985WASTE PILES AND POST-CLOSURE PERMITS, APPLICATION OF NOVEMBER 1988 DEADLINE TOMemo
 Description: Waste piles, since they are land disposal units, should have had permit applications issued or denied by November 1988 (HSWA 3005(c)(2(A)(i)). Discusses priorities for issuing post-closure permits. EPA can apply 3008(h) or 3004(u) (through post-closure permits) at land disposal units with likely or actual releases (SEE ALSO: 63 FR 56711; 10/22/98).
 
09/25/1985POST-CLOSURE PERMITTING REQUIREMENTS FOR NON-REGULATED UNITSMemo
 Description: A land disposal unit that stopped receiving waste prior to 7/26/82 and closed after 1/26/83 is subject to post-closure permitting requirements but is not subject to 264 Subpart F groundwater monitoring (SUPERSEDED: see 270.1(c) and 63 FR 56711; 10/22/98). If the unit is closed under interim status, 265 groundwater monitoring applies. A land disposal unit in interim status post-closure is subject to 3008(h) for groundwater contamination. An interim status unit at facility which has another unit requiring a permit is subject to 3004(u) corrective action authority.
 
09/25/1985POST-CLOSURE PERMITTING REQUIREMENTS FOR NON-REGULATED UNITSMemo
 Description: A land disposal unit that stopped receiving waste prior to 7/26/82 and closed after 1/26/83 is subject to post-closure permitting requirements but is not subject to 264 Subpart F groundwater monitoring (SUPERSEDED: see 270.1(c) and 63 FR 56711; 10/22/98). If the unit is closed under interim status, 265 groundwater monitoring applies. A land disposal unit in interim status post-closure is subject to 3008(h) for groundwater contamination. An interim status unit at facility which has another unit requiring a permit is subject to 3004(u) corrective action authority.
 
09/24/1985REGULATORY STATUS OF CREOSOTE-TREATED RAILROAD TIESMemo
 Description: Creosote-treated railroad ties are not listed and are unlikely to exhibit any characteristic. FIFRA may place controls on handling and disposal.
 
09/20/1985ABSORBENTS FOR CONTAINERIZED LIQUID HAZARDOUS WASTES, USE OFMemo
 Description: The statute prohibiting disposal of liquids in biodegradable sorbents in landfills (3004(c)(2)) is not effective until the regulations are promulgated (SEE ALSO: 57 FR 54452; 11/18/92).
 
09/10/1985DIOXIN-CONTAINING WASTE RINSEATES, DISPOSAL BY DEEP WELL INJECTIONMemo
 Description: Rinsate from containers that held 2,4,5-T and other pesticide formulations is an acute hazardous waste. A deep well injection facility must be permitted to handle dioxin-containing wastes in order to dispose of these wastes. A generator may petition EPA to exclude waste if the waste does not meet listing criteria (SEE ALSO: 261.7).
 
09/01/1985LOSS OF INTERIM STATUSQuestion & Answer
 Description: The certification of compliance with groundwater monitoring and financial responsibility requirements for interim status land disposal facilities is independent of a Part B application. A discussion of a certification statement published in the 9/25/85 Federal Register (50 FR 38947). Discusses interpretation of land disposal facility.
 
09/01/1985NON-HAZARDOUS LIQUIDS BANQuestion & Answer
 Description: The ban on nonhazardous liquids in landfills applies to any waste that is liquid or contains free liquids as determined by the paint filter liquids test (Method 9095). Nonhazardous liquid solidified with absorbents can be land disposed if no free liquids (SUPERSEDED: See 264.314, 265.314).
 
08/07/1985LIQUID HAZARDOUS WASTES IN LANDFILLSMemo
 Description: The paint filter liquids test is used to verify no free-standing liquid. A definition of free-standing liquid vs. free liquid. Eliminate free-standing liquid before placement in landfill (3004(c)(1)). Stabilization of liquid on manifested solid is treatment requiring permit unless it meets addition of absorbent exemption.
 
08/01/1985MINIMUM TECHNOLOGICAL REQUIREMENTSQuestion & Answer
 Description: The design, construction, and operation of a surface impoundment and landfill liners meeting interim statutory design of 3004(o)(5)(B) should prevent migration of hazardous constituents as long as unit remains in operation, including post-closure (SUPERSEDED: See 264.221(c), 265.221(c))
 
07/31/1985LABORATORY WASTE EXCLUSIONMemo
 Description: The section 261.4(d) sample exclusion applies to any person collecting a sample (not just generators). Testing lab samples is not treatment. If a sample is returned to the original site for disposal then the original site is the generator. If a lab disposes of a sample, the lab is the generator. A sample returned to the sample collector, then the collector is the generator. A sample collector can be an owner of waste or a contractor.
 
07/17/1985SURFACE IMPOUNDMENTS/LAND TREATMENT UNITS REGULATION IF ASSOCIATED WWT SLUDGES ARE LISTEDMemo
 Description: Since any pollution abatement technique such as land treatment, disposal, or storage of a wastewater will invariably form a sludge, F-listed, K-listed, and characteristic sludges can be formed in situations where wastewaters are stored or disposed (i.e., not specifically treated). Discussion of the point of generation.
 
07/16/1985CREOSOTE TREATED CROSS TIES, DISPOSAL OF, FIFRA INTERFACEMemo
 Description: Creosote-treated railroad cross ties are not likely characteristic. FIFRA may place controls on their handling and disposal. U051 creosote and K001 and K035 do not apply to treated cross ties destined for disposal.
 
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.
 
07/05/1985DIOXIN-CONTAINING LABORATORY WASTE WITH RADIOACTIVE PROPERTIESMemo
 Description: Most lab wastes are hazardous waste (HW) only if they are characteristic. Unused portions of HW analyzed in a lab and residue derived from the analysis are HW when discarded (SEE ALSO: 261.4(d), (e), (f)). Radioactive dioxin lab waste with C-14 is HW if listed or characteristic. Radioactive waste disposal is subject to the Nuclear Regulatory Commission (NRC).
 
07/01/1985ACCUMULATION OF SECONDARY MATERIAL - ABANDONED VS. DISPOSED OFMemo
 Description: Abandoned means thrown away. Genuine product secondary materials (used as ingredients or substitutes) are not solid waste when temporarily stored on the land, unless speculatively accumulated. If a material escapes a unit, it may be disposal of a solid waste.
 
07/01/1985DEFINITION OF EXISTING PORTIONQuestion & Answer
 Description: If a landfill has waste placed over fifty percent of the surface area, only the covered portion of the unit is an “existing portion,” not the whole unit.
 
06/27/1985SOLVENT 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.
 
06/05/1985SPENT PICKLE LIQUOR, USE/REUSE EXEMPTION AS APPLIED TOMemo
 Description: Spent pickle liquor directly used or reused as a wastewater conditioner (ferric chloride substitute) is not a solid waste or K062 provided the material is not speculatively accumulated. Waste used as a water conditioner is not use in a manner that constitutes disposal.
 
05/29/1985BAN ON DISPOSAL OF LIQUIDS IN LANDFILLSMemo
 Description: RCRA section 3004(c) prohibits the disposal in landfills of containerized liquids absorbed in materials, that when compressed, release liquids. The use of chemical stabilization to convert a liquid to a solid is not the only option for dealing with bulk liquid hazardous waste.
 
05/17/1985EMBALMING FLUIDS, USEDMemo
 Description: Unused embalming fluid containing formaldehyde as the sole active ingredient is a listed waste if disposed. Section 261.33 does not apply to wastes which result from the intended use of a product. Used embalming fluid is neither listed nor characteristic and so it is not a hazardous waste.
 
05/15/1985BATTERIES, WASTE ELECTROLYTE FROM RECHARGEABLE NICKEL-CADMIUMMemo
 Description: Disposal of a spent nickle-cadmium battery (batteries) potassium hydroxide electrolyte into a sewer is excluded. The spent electrolyte may be corrosive (D002) or toxic.
 
05/10/1985CONTINUED LANDFILL DISPOSAL OF LAB PACKSMemo
 Description: Legislative history suggests that section 3004(c)(2) intended to allow the continued landfilling of lab packs in accordance with existing regulations.
 
05/10/1985MIXED WASTE (DOE FACILITIES), DEFINITION OFMemo
 Description: Byproduct material is not subject to RCRA. Mixed waste (radioactive wastes that are not byproducts) that exhibits a characteristic or contains a listed waste is subject to RCRA control. Mixed DOE land disposal facilities must follow section 3005(e)(2) by certifying compliance with the groundwater monitoring requirements and submitting a Part B permit application even if they combine their hazardous wastes after its generation with exempt radioactive wastes.
 
05/01/1985LIQUIDS AND FREE LIQUIDS, DEFINITION OFQuestion & Answer
 Description: The paint filter test (method 9095) is used to determine if a material is a liquid under section 3004(c)(3) (Liquids in Landfills). EPA believes that Congress intended the term “liquid” in section 3004(c)(3) to encompass free liquids as well as liquids.
 
04/23/1985RCRA METHODS AND QA ACTIVITIES (NOTES)Memo
 Description: Delisting public meetings were held. SW-846 was updated. A discussion of the development of new methods, reevaluation of existing methods: 9022, 450.1, 8030, 8090, 8280. An overview of using gas chromatography/Fourier transform infrared protocol for semivolatile organics. Discusses the methods for compounds that do not use gas chromatograph. EPA is developing a sorbent pressure test method to determine if sorbents will release liquids under simulated landfill pressure.
 
04/01/1985HSWA MINIMUM TECH REQUIREMENTS FOR LINERS AND LEACHATE COLLECTION SYSTEMSMemo
 Description: Existing land-based units (surface impoundments, waste piles, and landfills) must be upgraded to meet minimum technological requirements (MTR) for double liners and leachate collection systems.
 
03/27/1985HAZARDOUS WASTE TREATMENT TECHNOLOGIES, APPLICATION OFMemo
 Description: The basis of the land disposal restrictions (LDR) treatment standards. Discusses best demonstrated available technologies.
 
03/01/1985WASTE DISPOSAL RECORDSQuestion & Answer
 Description: Owners and operators need to submit to the Regional Administrator (RA) and local land authority records of waste disposal locations and quantities within 60 days of certifying closure. The requirement in 264.74(c) to submit operating records corresponds to 264.119.
 
03/01/1985WASTE PILE LINERS - MTR (264.251)Question & Answer
 Description: The 3004(o) minimum technological requirements apply to landfills and surface impoundments, but not to waste piles. RCRA 3015(a) imposes liner and leachate collection requirements on new interim status waste piles, lateral expansions, and replacements. Expansions of interim status waste piles must be lined if they exceed the boundaries of the existing unit (3015(a)).
 
01/22/1985NONHAZARDOUS LIQUID WASTEWATERS AND SLUDGES IN SANITARY LF UNDER RCRA AND HSWA, DISPOSAL OFMemo
 Description: There are no federal regulatory provisions on the disposal of bulk or containerized nonhazardous liquid wastes in a nonhazardous solid waste landfill or a municipal solid waste waste landfill (MSWLF). Disposal of nonhazardous liquid waste in hazardous waste landfills is prohibited (SUPERSEDED: see 56 FR 50978; 10/9/91).
 
01/11/1985LANDFILL GAS CONDENSATE, REGULATION OFMemo
 Description: Landfill gas condensate from a landfill containing listed wastes is listed. Condensate from municipal waste or characteristic waste is hazardous only if it is characteristic. Condensate from household waste only is exempt. The household hazardous waste (HHW) exclusion applies to household hazardous waste being collected, treated, disposed, and its resulting residues.
 
01/01/1985TREATMENT SURFACE IMPOUNDMENTS LOSING INTERIM STATUS BECAUSE OF NON-COMPLIANCE WITH GWM AND FINANCIAL RESPONSIBILITY REQUIREMENTSQuestion & Answer
 Description: Owners and operators of interim status land treatment units were required to submit a Part B application, certify compliance with groundwater monitoring, and obtain financial assurance by 11/8/85 (3005(e)(2)). Land disposal units include all land-based hazardous waste management systems.
 
11/26/1984TREATMENT AS DEFINED IN 40 CFR 260.10 SUBPART BMemo
 Description: The treatment definition applies to changes in a waste’s character and the purpose of the change. Changes in physical character that do not facilitate disposal or make disposal safer do not meet the treatment definition.
 
11/14/1984LEACHATE AND PRECIPITATION RUN-OFF AT LFS, WASTE PILES, AND LT UNITS, HAZARDOUS WASTE FROM MIXTURE OFMemo
 Description: Precipitation run-off (PRO) is not presumed to be a hazardous waste. Mixtures of hazardous waste leachate and PRO are hazardous. PRO from active portions of landfills/waste piles is presumed to be hazardous due to mixing with the leachate. PRO from closed portions of landfills is presumed to be nonhazardous. PRO from land-treatment units is presumed to be nonhazardous. PRO is a liquid which flows over and quickly off the land. PRO is excluded from the derived-from rule. PRO is hazardous if it exhibits a characteristic or is mixed with a hazardous waste. Leachate refers to liquid that has made significant contact with hazardous waste. Leachate from a characteristic waste is presumed hazardous until it is shown not to be hazardous. Under the mixture rule, waste mixtures containing a characteristic waste are like other solid waste and are hazardous if they exhibit a characteristic.
 
11/13/1984F006 DELISTING PETITION INFORMATION REPORTMemo
 Description: Discussion of examples of data necessary for EPA to consider a F006 delisting petition. Required data include a description of raw material used, manufacturing process, disposal methods, personnel qualifications, sampling, and constituent analyses.
 
11/13/1984LIQUIDS IN LANDFILLS PROHIBITIONMemo
 Description: The statutory ban on disposal of bulk liquids in hazardous waste landfills does not prohibit disposal of liquids after proper chemical stabilization (SEE ALSO: RPC# 11/17/93-02; 57 FR 54452; 11/18/92).
 
11/12/1984PLACEMENT OF BULK LIQUIDS IN LANDFILLMemo
 Description: Solidification of a bulk or noncontainerized liquid in a pit at the bottom of an unlined landfill cell is prohibited. Treatment or stabilization of a liquid must occur before disposal.
 
11/09/1984IMMEDIATE PERMIT REQUIREMENTSMemo
 Description: Historical permitting priorities due to HSWA and the land disposal restrictions (LDR) program are discussed. Permits in authorized states will be issued through joint permit processing until the states are authorized for the new provisions.
 
10/01/1984WASTE DUMPED ON GROUND CONSIDERED STORAGE IN A WASTE PILEQuestion & Answer
 Description: If waste is dumped on the ground outside of a land treatment unit, the area should be regulated as a waste pile or landfill. EPA does not recommend dumping and spreading as an adequate land application procedure (SEE ALSO: 61 FR 18779; 4/29/96).
 
09/18/1984CLOSURE PLAN COMMENTS/ISSUES (CRUCIBLE STEEL)Memo
 Description: The requirement for a final cover at the closure of a landfill should not be delayed to allow continued disposal of nonhazardous waste. A delay of closure must be related to the need for extra time to complete closure activities or to a transfer of the operation to new parties (SUPERSEDED: see current 265.113(d)). A landfill’s final cover may be covered by nonhazardous waste only if it is necessary to the proposed use of the property and if it will not increase potential hazards.
 
09/10/1984DESIGN AND OPERATING STANDARDSMemo
 Description: The regulatory intent of the landfill liner requirement is the construction of a liner rather than relying on hydrogeologic forces. The regulations have no general provisions for waiving a specific section on a case-by-case basis. Land disposal facility liners must be synthetic.
 
08/01/1984LANDFILLS WITH EP TOXIC LEACHATE, REGULATION OFQuestion & Answer
 Description: Once leachate is collected, subsequent management is regulated if the leachate is a hazardous waste. If extraction procedure (EP) (SUPERSEDED: see 261.24) toxic leachate collected from a sanitary landfill is pumped back into the landfill, the landfill is subject to TSDF requirements (SUPERSEDED: see 258.28(a)(2)).
 
08/01/1984UNDETONATED EXPOSIVES, DISPOSAL OF OFF-SPECIFICATIONQuestion & Answer
 Description: The disposal of off-specification, undetonated explosives used in oil exploration is not covered under the 261.4(b)(5) Bevill exclusion.
 
07/01/1984WASTE AS LIQUID OR SOLID, DETERMINATION OFQuestion & Answer
 Description: The phase of a waste should be determined just prior to landfill disposal. If a waste liquefies during transportation, it is proper to allow a shipment of containers to stabilize or solidify before performing the free liquids test (SEE ALSO: 40 CFR 268.3).
 
05/14/1984VARIANCE FROM 264 LANDFILL LINER & LEACHATE COLLECTION REQUIREMENTSMemo
 Description: A waiver from landfill liner and leachate collection requirements cannot be granted when the leachate enters groundwater, even when a nearby aquifer will not be contaminated.
 
05/01/1984CHECK LISTS FOR PERMIT APPLICATIONSQuestion & Answer
 Description: The check list in the “Permit Applicants Guidance Manual for Hazardous Waste Land Treatment, Storage, and Disposal Facilities” should be included in a Part B permit application, although there are no formal application format requirements.
 
04/19/1984HOUSEHOLD WASTES - DISPOSAL OF CARBON-ZINC BATTERIESMemo
 Description: Batteries (battery) from households are exempt as household hazardous waste. Carbon-zinc batteries pose little threat to the environment. Batteries which are hazardous (nickel-cadmium, mercury) are generally not disposed of in large numbers by households.
 
04/10/1984RUN-OFF FROM ACTIVE PORTIONS OF HAZARDOUS WASTE MANAGEMENT UNITSMemo
 Description: Discussion of the regulatory status of precipitation runoff from active and inactive landfill units (derived-from rule, mixture rule). Discussion of distinctions between precipitation runoff and mixtures of precipitation with hazardous waste or hazardous waste leachate.
 
03/01/1984LAND DISPOSING SMALL QUANTITY GENERATOR WASTEQuestion & Answer
 Description: The February 15, 1984 advance notice of proposed rulemaking (49 FR 5854) does not ban land disposal of small quantity generator waste (SEE ALSO: 268.1(e)(1), 262.34(d)(4), RPC# 5/9/94-01).
 
02/07/1984LINER DESIGN COMMENTS (CWM, EMELLE,AL)Memo
 Description: The regulatory intent of the landfill liner requirement is to construct a liner rather than rely on hydrogeologic forces.
 
10/21/1983LEACHATE FROM A MUNICIPAL LANDFILL, REGULATION OFMemo
 Description: Leachate from municipal landfills must be handled as hazardous if it is characteristic. The landfill is the generator of the waste. Nonhazardous leachate can be recycled into the landfill. Hazardous leachate must go to a TSDF or POTW unless the landfill is an exempt small quantity generator (SUPERSEDED: for landfill leachate recirculation, see 258.28) (SEE ALSO: 261.31 (F039 listing), 261.5, 262.34).
 
08/17/1983CLARIFICATION OF INACTIVE/ACTIVE STORAGE AND DISPOSAL FACILITIES UNDER RCRAMemo
 Description: If hazardous waste (HW) is placed in land-based units before 11/19/80, it is being "stored" and the facility is subject to interim status. If HW is finally disposed prior to 11/19/80, the facility is never subject to Subtitle C. Storage is an on-going process and always implies future management. Disposal is the final step in handling HW.
 
07/01/1983WASTE ANALYSIS FOR SIMPLE STORAGE IN AN INTERIM STATUS FACILITYQuestion & Answer
 Description: A waste analysis plan must contain all of the information necessary to store the waste in accordance with Part 265. The adequacy is determined on a case-by-case basis (SEE ALSO: “Waste Analysis at Facilities that Generate, Treat, Store, and Dispose of Hazardous Waste: A Guidance Manual” ).
 
06/10/1983SPENT SOLVENT LISTINGS & LEACHATE FROM SANITARY LFS THAT RECEIVED HAZARDOUS WASTEMemo
 Description: Spent 1,1,1-TCE from a cleaning process is F002. Process waste containing TCE is not listed unless it is mixed with listed solvent, although it may be characteristic. Sanitary landfill leachate containing listed solvent is listed HW.
 
06/08/1983POPPING FURNACES-DOD DISPOSAL OF OUTDATED ORDNANCE BY INCINERATION - METALS RECOVERYMemo
 Description: An outdated ordnance is reactive (D003). The primary purpose of “popping” furnaces used by the DOD to dispose of waste ordinances is waste disposal, not metal recycling. Therefore, the furnaces are not exempt under 261.6, unless they can substantiate a claim of recycling (SUPERSEDED: 50 FR 614; January 4, 1985).
 
01/11/1983CLOSURE & POST-CLOSURE REQUIREMENTS REGARDING HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIESMemo
 Description: Recontouring a final cover and adjusting in-place waste is not considered receipt of hazardous waste at a closed facility. Closure and post-closure plans are to account for vegetation and liquid inputs. Landfill closure standards require a final cover to minimze the migration of liquids through the closed landfill. Discussion of the addition of liquids during versus after closure (may be allowed during closure, including leachate recirculation, if part of closure plan). The recirculation of leachate during operation is not a closure activity. Receipt of hazardous waste after 1/26/83 causes impoundment or landfill to be a regulated unit, but redeposit of treated waste during closure does not make the unit regulated unit. If a landfill is a series of separately lined trenches, each trench is a separate waste management unit.
 
12/29/1982LAND DISPOSAL PERMIT STRATEGYMemo
 Description: Discusses the historical priorities for permitting of land disposal units (surface impoundments, waste piles, land treatment units, and landfills).
 
12/01/1982EXEMPTION FROM LINER REQUIREMENTS FOR EXISTING PORTIONSQuestion & Answer
 Description: The exemption from the liner requirements for existing portions of landfills, surface impoundments, and waste piles applies to bottom and side liners.
 
12/01/1982GENERATOR ID NUMBERSQuestion & Answer
 Description: A generator who does not treat, store, dispose, transport, or offer for transport hazardous waste does not need an EPA ID number. Generators who accumulate waste according to 262.34 need EPA ID numbers because accumulation is a form of storage, even if the waste is subsequently discharged to the sewer.
 
02/01/1982GROUNDWATER MONITORING AND LEAKING WASTE PILESQuestion & Answer
 Description: An interim status waste pile leaking hazardous leachate into the ground is out of compliance. The owner or operator can take remedial action or modify their Part A permit application, reclassifying the waste pile as a land treatment unit or landfill, for which groundwater monitoring would be required under changes during interim status.
 
09/18/1981PESTICIDES CONTAINING A 261.33(E) COMPOUND AS A SOLE ACTIVE INGREDIENTMemo
 Description: Diluted Aldicarb (P070) solution is disposal of product if it is the sole active ingredient. A commercial applicator may mix, apply, rinse, and dispose of pesticide on farmer property if follows label. The farmer exemption does not apply to an off-site shipment for disposal or if on-site disposal of other farmer’s pesticides.
 
05/07/1981APPICABILITY OF 261.33(F) LISTING TO SEWER AND CESSPOOL ADDITIVES CONTAINING ORTHODICHLOROBENZENEMemo
 Description: Use of orthodichlorobenzene (U070) to unclog sewer pipes and septic tanks is not disposal of unused CCP and is not listed. CCPs are not hazardous waste until they are discarded. Normal use is not disposal. Organic solvents in cesspool/ sewer lines may contaminate groundwater and soil.
 
03/12/1981INTERIM STATUS OF PROPOSED LANDFILL CELLSMemo
 Description: Proposed landfill cells included in a part A permit application may qualify for interim status.
 
02/12/1981INVOLVEMENT OF STATES WITHOUT PHASE II INTERIM AUTHORIZATION IN RCRA PERMITTINGMemo
 Description: EPA issues permits until a state receives interim authorization. EPA must cooperate with the state when issuing permits. Phase II interim authorization includes unit standards and permitting standards. Part 267 interim final regulations are temporary standards for land disposal facilities.
 
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 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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