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04/01/2014APPLICABLE RCRA REGULATIONS FOR RECYCLING CATHODE RAY TUBE (CRT) GLASSMemo
 Description: The regulations at 261.4(a)(22) and 261.39 would apply to the recycling of used cathode ray tubes (CRTs), both intact and broken. The exclusion at 261.39(c) only applies to processed CRT glass sent for recycling to a CRT glass manufacturer or a lead smelter; the provision would not apply to a mechanical process used to recycle CRT glass into lead and silica sand. The generator of the hazardous CRT glass may recycle the glass in an on-site hazardous waste generator accumulation unit without a hazardous waste permit, provided they are in compliance with the applicable requirements in 262.34 and the treatment is not thermal treatment. If the lead or silica were applied to or placed on the land or used in foundations or other land placement activities, EPA would consider it to be a recycled material used in a manner constituting disposal and subject to the regulations in Part 266, Subpart C. These regulations require that the product of the recycling meet the applicable land disposal restriction (LDR) treatment standards in Part 268, Subpart D prior to placing the material on the land. Under RCRA, all recycling must meet the criteria for legitimate recycling.
 
04/24/2013REGULATORY STATUS OF CATHODE RAY TUBE (CRT) PROCESSED GLASS SENT TO COPPER SMELTERSMemo
 Description: Under 40 CFR 261.4(a)(22)(iv), processed cathode ray tube (CRT) glass is excluded from solid and hazardous waste regulation, provided it meets the requirements of 261.39(c). Section 261.39(c) requires that the CRT glass is destined for recycling at a CRT glass manufacturer or a lead smelter and the glass is not speculatively accumulated as defined in 261.1(c)(8). This exclusion does not apply to CRT processed glass sent to copper smelters (SEE ALSO: 71 FR 42928, 42937; July 28, 2006). However, processed CRT glass used as an effective substitute for virgin fluxing agent at copper smelters would be excluded from solid and hazardous waste regulation under 261.2(e)(1)(ii) (SEE ALSO: 71 FR 42928, 42937; July 28, 2006; Memorandum, Shapiro to Richter; March 8, 1995 (RO 11900)).
 
02/11/2011COMBINING EXCLUDED HAZARDOUS SECONDARY MATERIALS WITH OTHER SIMILAR HAZARDOUS WASTES PRIOR TO RECLAMATIONMemo
 Description: The regulatory status of the material depends on how the generator who sent the materials chose to manage and transfer the materials off-site. A reclaimer mixing excluded hazardous secondary materials with regulated hazardous wastes of the same type may only mix the materials for the purpose of reclamation. The reclaimer must manage the excluded hazardous secondary materials under 261.4(a)(24) up to the point that they mix the excluded materials with similar materials that are regulated hazardous wastes. After mixing the excluded hazardous secondary materials with regulated hazardous wastes, the reclaimer must manage the entire mixture as hazardous waste for the purpose of reclamation and comply with the standard hazardous waste regulations applicable to hazardous waste managed by an off-site reclaimer (i.e., 40 CFR 261.6(c) and (d) or 40 CFR Parts 264 or 265). Mixing “for the purpose of reclamation” can be satisfied by mixing in units that are dedicated for reclamation, such as storage units that are connected to reclamation units by hard pipes or other conveyances; storage units that are solely used to store materials prior to the reclamation process; and recycling units. Excluded hazardous secondary materials cannot be mixed with regulated hazardous wastes and still maintain the exclusion from the definition of solid waste. If excluded hazardous secondary materials are mixed with hazardous wastes, the resulting mixture is a hazardous waste. This mixing activity by the reclaimer does not affect the requirements applicable to generators who shipped the hazardous secondary materials, provided that the hazardous secondary materials are transferred for the purpose of reclamation and the reclaimer complies with all applicable conditions of 261.4(a)(24) prior to mixing.
 
09/15/2010STATUS OF SPENT SYNTHETIC PIT LINERS USED IN OIL AND GAS EXPLORATION AND PRODUCTION (E&P) OPERATIONSMemo
 Description: Synthetic pit liners used in oil and gas exploration and production (E&P) operations are not intrinsic to or uniquely associated with operations associated with the exploration, development, or production of crude oil and natural gas. Therefore, although spent synthetic pit liners are wastes derived from E&P operations, they are not covered by the exemption. (See Also: RO 14815)
 
09/15/2010STATUS OF SPENT SYNTHETIC PIT LINERS USED IN OIL AND GAS EXPLORATION AND PRODUCTION (E&P) OPERATIONSMemo
 Description: Synthetic pit liners used in oil and gas exploration and production (E&P) operations are not covered by the exploration and production exemption because they are not intrinsically derived from, or uniquely associated with, operations associated with the exploration, development, or production of crude oil and natural gas. Not all wastes generated by E&P operations are exempt; EPA has consistently interpreted that the exemption extends only to those wastes studied in the Report to Congress or otherwise identified in the 1988 Regulatory Determination or the 1993 Clarification. Reserve pits are an integral part of drilling operations but are not intrinsic to drilling operations. Synthetic liners are used for a variety of other applications and therefore not "uniquely associated" with E&P operations. Synthetic liners are not employed to facilitate the extraction, development, and production of the resource; rather, they are employed to facilitate its containment. EPA does not consider the placement of exempt E&P waste on a non-exempt pit liner to constitute the creation of a mixture. Mixtures constitute a comingling or blending of two or more substances. (See Also: 14816)
 
03/30/2010COMMINGLING OF EXCLUDED HAZARDOUS SECONDARY MATERIALSMemo
 Description: Excluded hazardous secondary materials cannot be commingled with regulated hazardous waste and still maintain the exclusion from the definition of solid waste. The same unit can be used to manage hazardous waste and excluded hazardous waste, provided that the hazardous waste and associated residues are removed from the unit before processing the excluded hazardous secondary materials. Procedures for cleaning units to ensure wastes are not commingled should be obtained from the state or regional implementing agency.
 
01/15/2010MANAGEMENT OF CONTAMINATED HUMAN REMAINS AND PERSONAL EFFECTS FROM HOMELAND SECURITY EVENTSMemo
 Description: EPA does not consider RCRA to apply to human remains that are cremated or buried. EPA also does not consider RCRA to apply to contaminated human remains from a biological, radiological, or nuclear event. Most personal effects generated from a Homeland Security event would be exempt from the federal hazardous waste requirements pursuant to the household hazardous waste exemption.
 
08/01/2009Identification and Listing of Hazardous Waste 40 CFR 261.4(b): Exclusions: Solid Wastes which are Not Hazardous Wastes: A User-Friendly Reference DocumentPublication
 Description: This web-based document serves as a user-friendly reference to assist EPA and state staff, industrial facilities generating and managing hazardous wastes, and the general public in locating and understanding the regulations specific to the solid wastes which are not hazardous waste, located in 40 CFR 261.4(b).
 
12/01/2007Environmental Fact Sheet: EPA Finalizes Revision to RCRA Hazardous Waste Program to Promote Sustainable Recycling of Oil-Bearing Materials Into FuelPublication
 Description: This fact sheet discusses the revising of the oil-bearing hazardous secondary materials exclusion to allow for the recycling of oil-bearing hazardous secondary materials, such as sludges or other byproducts, generated by the petroleum industry when they are gasified at a petroleum refinery for the production of synthesis gas fuel. Gasification will join distillation, catalytic cracking, and fractionation as recognized petroleum refining processes.
 
07/18/2007APPLICABILITY OF THE 40 CFR 261.4(A)(2) EXCLUSION FOR TREATED EFFLUENT IN DIVERTED FOR SPRAY IRRIGATION Memo
 Description: Wastewater sprayed onto a landfill cap does not qualify for the Industrial Wastewater Discharge Exclusion. Wastewater that is diverted to land application and not discharged to waters of the United States is not point source discharge subject to regulation under the Clean Water Act (CWA) and therefore does not qualify for the RCRA exclusion, even if it is part of a KPDES permit. Unless it is delisted, the land application of the wastewater will constitute illegal disposal of hazardous waste.
 
06/01/2007Assessment of the Potential Costs, Benefits, and Other Impacts of the Expansion of the Comparable Fuel Exclusion - Proposed RulePublication
 Description: This report analyzes the costs, benefits, and other impacts of the proposed rule to expand the comparable fuel exclusion to emission-comparable fuel and two alternative options to the rule considered by EPA.
 
05/31/2007Draft Technical Support Document for the Expansion of the Comparable Fuels ExclusionPublication
 Description: This document presents supporting information for the proposed expansion of the comparable fuels rulemaking to emission-comparable fuel (ECF). It discusses ECF constituents; provides information on the industrial boiler designs and fuels used in these boilers; discusses the use of CO as an indicator for incomplete combustion; describes a qualitative risk assessment conducted for dioxins and furans and compares organics data between hazardous waste burning boilers and industrial boilers; describes the compliance conditions for ECF generators and burners; and presents the costs and savings for generators and burners.
 
05/31/2007Environmental Fact Sheet: EPA Proposes to Expand Comparable Fuels ExclusionPublication
 Description: This fact sheet discusses the proposed rule to expand the hazardous waste comparable fuels exclusion to encompass a new category of liquid hazardous waste-derived fuel known as emission-comparable fuel (ECF). ECF is fuel that is produced from a hazardous waste but which generates emissions when burned in an industrial boiler that are comparable to emissions from burning fuel oil. In other words, the fuels are comparable from an emissions standpoint but not from a physical standpoint.
 
05/21/2007APPLICABILITY OF RCRA TO DISPOSAL OF UNIFIED GROUP RATION - EXPRESS (UGR-E)Memo
 Description: For disposal of expired flameless heaters in Unified Group Ration - Express (UGR-E), EPA believes that it is unlikely that intact UGR-Es would be RCRA hazardous waste when disposed. For disposal of unused, individual chemical heaters by a unit, although the heaters may exhibit the characteristic of reactivity, EPA believes unused individual heaters taken from an UGR-E issued for use in the field are excluded under the household waste exclusion. Therefore, EPA urges generators and handlers to manage unused heaters carefully and recycle them if possible.
 
10/29/2004CLASSIFICATION AND DISPOSAL OF WASTE FLAMELESS RATION HEATERSMemo
 Description: The disposal of flameless ration heaters (FRHs) that are discarded by individual soldiers issued Meals, Ready-to-Eat (MREs) is excluded from RCRA Subtitle C regulation under the household waste exclusion. It is unlikely that multiple, unused MREs (that contain FRHs) would be RCRA hazardous waste when disposed. EPA generally considers multiple unused FRHs (not packaged with MREs) that are discarded to be a D003 reactive waste which, therefore, must be managed as a RCRA hazardous waste when disposed.
 
10/01/2004REGULATORY STATUS OF ENVIRONMENTAL MEDIA THAT HAS ENTERED A LEAKING UNDERGROUND STORAGE TANK (UST)Memo
 Description: Environmental media contaminated as a result of migration into a petroleum UST are not eligible for the exclusion in 40 CFR 261.4(b)(10). Contamination of media or debris entering a UST is not due to a petroleum release from a tank system; rather, the contamination results from the petroleum contents within the UST. Therefore, contaminated media or debris inside the UST would not qualify for the exclusion and should be managed as hazardous waste if it exhibits any characteristics of hazardous waste.
 
07/21/2004SPENT SULFURIC ACID USED AS FEEDSTOCKMemo
 Description: Spent sulfuric acid used to produce virgin sulfuric acid is not a solid waste. The exclusion does not apply if spent sulfuric acid is accumulated speculatively. The general range of the concentration of spent sulfuric acid is 5-100%.
 
03/29/2004PROPOSED CHANGES TO THE DEFINITION OF SOLID WASTE Memo
 Description: Proposal for changes to the definition of solid waste regulations include how secondary materials are regulated when they are recycled. The two major components of the proposed rule include a regulatory exclusion for materials recycled in a continuous process within the generating industry and codification of criteria for determining whether recycling is legitimate.
 
01/06/2004WOOD MULCH DERIVED FROM WASTE LUMBER PRESERVED WITH CHROMATED COPPER ARSENATE (CCA)Memo
 Description: Discarded arsenical-treated wood or wood products that are utilized for their intended end use and are only hazardous for waste codes D004 through D017 are excluded from RCRA regulation in 261.4(b)(9). Intended end uses of arsenical-treated wood products, including CCA-treated wood, are as building materials. CCA-treated wood used to produce wood mulch is not the materials' intended end use. Therefore, wood mulch produced from CCA-treated wood is not excluded in 261.4(b)(9). The Consumer Awareness Program (CAP) and the Consumer Safety Information Sheet for Inorganic Arsenical Pressure-Treated Wood discourage the use of CCA-treated wood as mulch.
 
01/01/2004CONTAMINATED MEDIA AND DEBRIS FROM RESIDENTIAL HEATING OIL TANKSMemo
 Description: An UST storing heating oil for consumptive use on the premises where stored is not covered under the exclusion for petroleum-contaminated media and debris in 261.4(b)(10). These tanks are excluded from the definition of an UST in 280.12. Contaminated media and debris from a residential UST are household wastes as described in 261.4(b)(1).
 
12/01/2003SCOPE OF THE SHREDDED CIRCUIT BOARDS EXCLUSIONMemo
 Description: Circuit boards that have mercury switches, mercury relays, nickel-cadmium batteries, and lithium batteries removed prior to shredding and that are containerized prior to recycling are eligible for the exclusion in 261.4(a)(14). The exclusion is limited to circuit boards free of these items to prevent environmental releases of mercury, cadmium, and lithium. "Free of" does not mean that the whole circuit boards never contained these items, but that these items are not part of the circuit boards when they are shredded (SEE ALSO: 62 FR 26013; May 12, 1997). If the items are removed from whole circuit boards prior to shredding, the boards remain covered by the exclusion. Shredded circuit boards that are not free of these items are solid wastes and may be hazardous wastes when recycled.
 
11/01/2003EPA Proposes Conditional Exclusions From the Definition of Hazardous Waste and the Definition of Solid Waste For Solvent-Contaminated Wipes (Fact Sheet)Publication
 Description: This fact sheet discusses EPA's proposed conditional exclusion from the definition of hazardous waste for disposable industrial wipes contaminated with listed or characteristic solvents when sent for to disposal, and EPA's proposed conditional exclusion from the definition of solid waste for reusable industrial wipes contaminated with listed or characteristic solvents when sent to laundries or industrial dry cleaners to be cleaned and reused.
 
08/19/2003REGULATORY STATUS OF OIL-BEARING SECONDARY MATERIALS UNDER RCRAMemo
 Description: Oil-bearing hazardous secondary materials generated from petroleum refining operations that can be legitimately recycled at petroleum refineries are excluded in 40 CFR 261.4(a)(12)(i) (SEE ALSO: 63 FR 42110; 8/6/1998). There is no minimum amount of oil required for the exclusion, but there must be recoverable amounts of hydrocarbons for legitimate recycling to occur. This exclusion applies to oil-bearing hazardous secondary materials, irrespective of whether they are listed or characteristic. Spent petroleum catalysts (K171-K172) may qualify for the exclusion. The exclusion only extends to materials actually inserted into the refinery process. The exclusion applies at the point of generation, even if preprocessing occurs, provided the conditions of the exclusion are met. The point of insertion into the refining process must be consistent with the material being recycled, and the material must be suitable for insertion. Materials may be inserted into the same refinery where they were generated or sent to another refinery. The materials cannot be sent to an intermediate non-refinery facility for processing. There is no limit on the number of transfers of the materials if recycling is legitimate and no speculative accumulation occurs. Processing equipment handling the materials is generally exempt from RCRA, since the material is excluded and the equipment is considered a process unit in 261.4(c). The processing equipment may be subject to RCRA if it contains reclamation residuals and no longer meets the process unit exclusion. The refinery does not need to own the equipment used to process and reclaim residuals to meet the exclusion.
 
06/23/2003APPLICABILITY OF THE HOUSEHOLD WASTE EXCLUSION TO ARSENIC-CONTAMINATED PLANTSMemo
 Description: Excluded household hazardous waste (HHW) must be generated by individuals on the premises of a household and composed primarily of materials found in wastes generated by consumers in their homes (SEE ALSO: 49 FR 44978, 11/13/84; 63 FR 70241, 12/18/98; RPC# 3/7/1995-08; RPC# 7/31/2000-01). Arsenic-contaminated plants generated at a home may qualify for the HHW exclusion if the contamination results from normal household activities (e.g., residential use of CCA-treated wood or pesticide). If the contamination results from significant arsenic sources other than household activities (e.g., industrial or mining activities), the exclusion is not applicable. HHW does not have to be generated by a homeowner to be eligible. The generator may be a resident "do-it-yourselfer" or a contractor.
 
03/18/2003PETITION PROCESS FOR THE TRIVALENT CHROMIUM EXCLUSION Memo
 Description: Section 261.4(b)(6)(ii) identifies specific wastes that meet the three criteria for the trivalent chromium exclusion. Wastes not on the 261.4(b)(6)(ii) list do not qualify for the exclusion. If the waste is disposed in an authorized state, direct 261.4(b)(6)(i) requests to the state agency. If the waste is disposed in an unauthorized state, direct 261.4(b)(6)(i) petitions to EPA. The federal rulemaking petition process involves decision making via public notice and comment. EPA publishes its initial decision to grant or deny a petition as a proposed rulemaking to add the waste to 261.4(b)(6)(ii) or a proposed denial. Submit specific, detailed waste characterization, generation, and management information to facilitate the processing and evaluation of a petition.
 
01/07/2003MINE PLACEMENT OF COAL COMBUSTION WASTESMemo
 Description: EPA is continuing the course of action discussed in the regulatory determination for coal combustion wastes (CCW) (SEE ALSO: 65 FR 32214; 5/22/00). EPA is currently gathering information to determine if additional controls may be necessary for the mine placement of CCW and is arranging meetings with environmental, community, and public interest groups, as well as other federal agencies and state and tribal regulators, to hear their concerns.
 
11/01/2002APPLICABILITY OF LDR TO BEVILL MIXTURESQuestion & Answer
 Description: A mixture of a Bevill-exempt waste and a characteristic waste (or a waste listed solely for exhibiting a characteristic) remains subject to the land disposal restrictions (LDR) even if it is no longer hazardous at the point of land disposal. A Bevill mixture is hazardous if it exhibits a characteristic of the non-excluded waste, but not if it exhibits a characteristic imparted by the Bevill waste. LDR attaches at the point of generation. A Bevill mixture must be treated for characteristics and underlying hazardous constituents (UHCs) attributed to the non-excluded portion, but not UHCs uniquely contributed by the Bevill portion. A facility remains subject to all applicable LDR notification requirements. The act of mixing a hazardous waste with a Bevill-exempt waste to render it nonhazardous is treatment, may require a permit, and may be a form of impermissible dilution.
 
08/30/2002CURRENT STATUS OF CCA-TREATED WOOD UNDER RCRAMemo
 Description: EPA’s Office of Solid Waste (OSW) is currently addressing issues raised about chromated copper arsenic (CCA) treated wood by working with the Office of Pesticide Programs, reviewing recent findings regarding the management of discarded CCA-treated lumber, monitoring ongoing research efforts, and reviewing state regulations and policies.
 
07/24/2002FUTURE PROPOSAL FOR MANAGEMENT OF COAL COMBUSTION WASTES GENERATED BY POWER PLANTSMemo
 Description: EPA plans to issue a proposal for Subtitle D regulations for the management of coal combustion wastes that are generated by electric power plants in the year 2003.
 
02/01/2002Environmental Fact Sheet: EPA Proposing to Allow Waste as an Energy Source for Synthesis Gas Production and Power GenerationPublication
 Description: EPA is proposing to conditionally exclude, from RCRA’s definition of solid waste, hazardous secondary materials that are processed in gasification systems to manufacture synthesis gas.
 
09/01/2001SCOPE OF THE SPENT SULFURIC ACID EXCLUSIONQuestion & Answer
 Description: Section 261.4(a)(7) exclusion applies only to spent sulfuric acid used as a feedstock in an industrial furnace for the production of virgin sulfuric acid. Spent sulfuric acid recycled by another method, such as filtration, is not excluded under Section 261.4(a)(7).
 
05/02/2001RECYCLED ARCTIC GRADE DIESELMemo
 Description: Diesel oil hydrocarbons generated at exploration and production sites, where these hydrocarbons are returned to the petroleum refining process, are excluded from the definition of solid waste pursuant to 261.4(a)(12)(ii). This exclusion does not apply to recovered oils that are managed on the land, nor those that are speculatively accumulated before being recycled back into the refining process. Spills and other discarded diesel that are not recovered and returned to a refinery would not be excluded under this provision.
 
01/19/2001SCIENCE ADVISORY BOARD RECOMMENDATIONS TO PROMOTE INCREASED WASTE UTILIZATIONMemo
 Description: This memo contains the OSWER response to Science Advisory Board (SAB) recommendations on overcoming barriers to waste utilization. OSW has amended the definition of solid waste and hazardous waste recycling requirements several times to encourage recovery. OSW has studied cement kiln dust (CKD) and fossil fuel combustion waste utilization. OSW and the Office of Research and Development (ORD) have developed an environmental fate and transport model called the 3MRA Model for estimating "exit levels" for waste. OSW has designated items containing recovered materials in the Comprehensive Procurement Guidelines (CPG) and supported the Extended Product Responsibility (EPR) and the Jobs Through Recycling (JTR) programs. EPA supports the development of guidance manuals on waste utilization and innovative technology development programs for the large-scale utilization of waste materials.
 
12/05/2000DISPOSAL OF SPENT HOUSEHOLD SMOKE DETECTORSMemo
 Description: Waste smoke detectors are not hazardous wastes but may be subject to state or local solid waste provisions. Household smoke detectors contain americium 241, a metallic radionuclide that is byproduct material as defined by the Atomic Energy Act of 1954.
 
11/14/2000DRAINDOWN AND SEEPAGE FROM GOLD HEAP LEACHESMemo
 Description: Gold heap leach piles constitute extraction/beneficiation activities and wastes from that activity are Bevill exempt. Liquid wastes generated from rainwater or groundwater contacting with Bevill exempt wastes are also exempt. Leakage may be regulated under CWA or SDWA, or addressed under RCRA 7003 or CERCLA 104 and 106 (also sent to Miller & Myers of Great Basin Watch).
 
10/10/2000REGULATION OF COAL FLY ASH AND BOTTOM ASH WASTEMemo
 Description: EPA decided that none of the fossil fuel combustion wastes should be regulated as hazardous wastes. Agency concluded that coal combustion wastes placed in landfills, surface impoundments or mines should be regulated as nonhazardous wastes (SEE ALSO: 65 FR 32214; 5/22/00).
 
07/31/2000REGULATORY STATUS OF WASTE GENERATED BY CONTRACTORS AND RESIDENTS FROM LEAD-BASED PAINT ACTIVITIES CONDUCTED IN HOUSEHOLDSMemo
 Description: Lead-based paint (LBP) debris generated by contractors in households is excluded household hazardous waste. LBP waste from abatement, renovation, and remodeling in homes and other residences eligible for exclusion. LBP waste from households may be subject to state, local and/or tribal government regulation (SEE ALSO: 63 FR 70233; 12/18/1998).
 
07/18/2000REQUEST FOR CONCURRENCE; OIL-BEARING HAZARDOUS SECONDARY MATERIALS EXCLUSIONMemo
 Description: 261.4(a)(12) exclusion applies to oil-bearing secondary materials generated by wastewater treatment system owned and operated by third party as long as third party accepts and manages only wastewaters generated at petroleum refinery facilities and returns the oil-bearing secondary materials to a petroleum refinery (SIC 2911) for insertion in the refining process (SEE ALSO: 63 FR 42110; 8/6/98).
 
07/05/2000STATE AUTHORIZATION FOR RULEMAKING PETITIONSMemo
 Description: A facility petition to take advantage of trivalent chrome exclusion is referred to authorized state. States authorized by EPA to implement toxicity characteristic (TC) regulations are also authorized to implement exclusions to TC regulations.
 
06/26/2000REGULATION OF FOSSIL FUEL COMBUSTION WASTES AND CLEAN AIR ACT CONTROLS FOR UTILITIESMemo
 Description: EPA decided that none of the fossil fuel combustion wastes should be regulated as hazardous wastes. The Agency concluded that coal combustion wastes placed in landfills, surface impoundments or mines should be regulated as nonhazardous wastes (SEE ALSO: 65 FR 32214; 5/22/00). EPA is studying possible Clean Air Act controls for air emissions of hazardous air pollutants, including mercury, from electric utility industry.
 
06/09/2000REGULATION OF FOSSIL FUEL COMBUSTION WASTESMemo
 Description: EPA decided that none of the fossil fuel combustion wastes should be regulated as hazardous wastes. The Agency concluded that coal combustion wastes placed in landfills, surface impoundments or mines should be regulated as nonhazardous wastes (SEE ALSO: 65 FR 32214; 5/22/00) (also sent to U.S. Senators Gorton, Gramm, Helms & Sarbanes, U.S. Representatives LaHood & Obey, citizen, Mayor Borsheim of Thief River Falls, Bosshart Company, and Throop of Board of Municipal Utilities).
 
06/09/2000TIRE DERIVED FUEL AND REGULATION OF FOSSIL FUEL COMBUSTION WASTESMemo
 Description: EPA decided that none of the fossil fuel combustion wastes should be regulated as hazardous wastes. Decision applies to wastes from combustion of coal, oil, natural gas and co-burning these fossil fuels with supplemental fuels such as tire derived fuel (TDF) when supplemental fuels comprise less than 50 percent of total fuel feed. The Agency concluded that coal combustion wastes placed in landfills, surface impoundments or mines should be regulated as nonhazardous wastes (SEE ALSO: 65 FR 32214; 5/22/00).
 
06/01/2000IMPORT REQUIREMENTS FOR RCRA EXEMPT WASTEQuestion & Answer
 Description: Treatability samples exclusion extends to waste that originates outside of United States. Laboratory importing treatability samples from foreign facility not subject to import requirements if samples are managed in accordance with 261.4(e) exclusion.
 
05/26/2000KODAK CLAIM FOR MANUFACTURING PROCESS UNIT EXEMPTION TO THE RCRA SUBPART BB AIR EMISSIONS REQUIREMENTSMemo
 Description: Piping system leading from reactor unit that at times carries hazardous waste is not part of exempt manufacturing process unit. Piping system that carries hazardous waste with more than 10 percent organics for more than 300 hours per year is subject to Subpart BB (SEE ALSO: RPC# 12/19/86-01; 45 FR 72025; 10/30/80).
 
05/25/2000TOTAL WASTE ANALYSIS ON POTW BIOSOLIDS AND CERCLA LIABILITYMemo
 Description: Generator must determine if waste exhibits toxicity characteristic (TC) by testing or applying knowledge. Using total constituent concentrations in waste is one type of generator knowledge. EPA does not presume waste is TC hazardous if 1/20th the total constituent concentrations in waste exceed TC regulation levels. RCRA Online letters do not constitute EPA policy. Domestic sewage exclusion would not exonerate sewage generators from potential liability under CERCLA 107(a)(3) if the generators’ discharges include CERCLA hazardous substances. A generator may be shielded from liability due to federally permitted release statutory provisions in CERCLA 107(j). Placement of biosolids on land may constitute normal application of fertilizer in CERCLA 101(22)(D) and exempt the generator from liability;. To evaluate normal application of fertilizer, EPA would consider, among other things, compliance with Clean Water Act 405(d) and application rates.
 
05/12/2000CLARIFICATION OF BEVILL STATUS OF ELECTRIC ARC FURNACE SLAGSMemo
 Description: EPA established criteria to determine if a process was defined as mineral processing on September 1, 1989 (54 FR 36619). Only facilities processing less than 50 percent scrap are eligible for Bevill exclusion. Most steel making “mini mills” using electric arc furnaces are not eligible for Bevill exclusion. Flue dust from steel making electric arc furnaces are listed hazardous wastes.
 
04/07/2000LABELING OF HAZARDOUS MATERIALS IN PRODUCTSMemo
 Description: EPA does not have authority to regulate household hazardous waste (HHW) or the labeling of these products. EPA’s authority is limited to issuing criteria for design of municipal solid waste landfills. The collection, transport, and disposal of HHW and other municipal solid wastes are state and local community issues.
 
03/28/2000PLACEMENT OF SEWAGE SLUDGE ON FARMSMemo
 Description: Domestic sewage exclusion regulatory language elaborates on statutory language by adding to exclusion mixtures of domestic sewage and other wastes. Domestic sewage exclusion applies to wastes which mix with sanitary wastes in sewer system leading to POTW. Hazardous waste delivered to POTW by truck, rail, or dedicated pipe subjects POTW to permit-by-rule requirements. Mixture and derived-from rules apply to hazardous wastes that are not excluded.
 
03/09/2000REGULATORY DETERMINATION FOR COMBUSTION OF FOSSIL FUELSMemo
 Description: EPA is considering and evaluating all comment received on upcoming regulatory determination for certain solid wastes produced from combustion of fossil fuels. EPA will issue a regulatory determination by March 10, 2000 (also sent to Conyers, DeGette, Hinchey, Kennedy, Kucinich, McDermott, Olver, Sanders, Stark, Tubbs Jones, Waxman, and Woolsey).
 
11/01/1999LABORATORY SAMPLES AND THE BEVILL EXCLUSION (SECTION 261.4(B)(7))Question & Answer
 Description: Laboratory samples are not uniquely associated with mining, and thus are not exempt under the Bevill exclusion for mining and mineral processing. Laboratory activities are considered ancillary operations (SEE ALSO: 63 FR 28556; 5/26/98).
 
10/19/1999BEVILL UNIQUELY ASSOCIATED PRINCIPLEMemo
 Description: Bevill exclusion applies only to materials “uniquely associated” with mining and processing of ores and minerals. Battery plates and groups and similar lead scrap materials are not uniquely associated.
 
10/01/1999REPORT TO CONGRESS ON WASTES FROM THE COMBUSTION OF FOSSIL FUELSMemo
 Description: EPA did not express a tentative conclusion about the future regulatory status of coal combustion wastes (ash) that are placed in mines in the March 1999 Report to Congress on Wastes from the Combustion of Fossil Fuels. EPA will formulate a final decision on this matter and issue a regulatory determination by March 10, 2000.
 
09/24/1999EXTENSION OF PUBLIC COMMENT PERIOD FOR THE PROPOSED RULE ON MANAGEMENT STANDARDS FOR CEMENT KILN DUSTMemo
 Description: EPA has decided to extend the comment period for the proposed rule on management standards for cement kiln dust (64 FR 45632; 8/20/99) for 90 days. The comment period has been extended until February 17, 2000 (SEE ALSO: 64 FR 58022; 10/28/99) (also sent to Greer of Ash Grove Cement Company, O’Hare of American Portland Cement Alliance, and Willis of Blue Circle Cement).
 
09/17/1999REGULATION OF WASTE COAL ASH Memo
 Description: EPA did not express a tentative conclusion about the regulatory status of coal combustion wastes used in mine reclamation efforts or similar projects in the Report to Congress on Wastes from the Combustion of Fossil Fuels. EPA lacked sufficient information at the time to characterize potential human health risks from these practices. EPA is currently evaluating public comments on the report. The regulatory determination is scheduled for March 10, 2000 (Similar responses were also sent to PA Representatives DeWeese and Surra, PA Senators Brightbill and Rhoades, US Representatives Peterson, Holden, Kanjorski, Doyle, Toomey, Murtha, Klink, Mascara, and Sherwood, and Lander of Greco and Lander, P.C.).
 
09/14/1999REGULATION OF HAZARDOUS WASTE BURNING CEMENT KILNSMemo
 Description: Burning hazardous waste as fuel in cement kilns can be a safe way to destroy toxic organics in the waste, but also involves the release of toxic pollutants. EPA signed an updated set of regulations to control toxic emissions from hazardous waste combustors, including cement kilns (64 FR 52828; 9/30/99). These regulations implement the maximum achievable control technology (MACT) provisions of Section 112 of the Clean Air Act.
 
09/03/1999REPORT TO CONGRESS ON WASTES FROM THE COMBUSTION OF FOSSIL FUELSMemo
 Description: EPA supported a motion for an extension of the deadline for the regulatory determination on fossil fuel combustion wastes, which would allow an extension of the comment period on the Report to Congress (NOTE: Comment period extended to September 24, 1999 (64 FR 50788; 9/20/99)).
 
08/01/1999Environmental Fact Sheet: Management Standards Proposed For Cement Kiln Dust WastePublication
 Description: Announces EPA's promotion of pollution prevention, recycling, and safer disposal of cement kiln dust (CKD) by proposing management standards for this waste. Proposed standards provide a new, tailored framework that safeguards groundwater and limits risk from releases of dust to air.
 
07/14/1999BENEFICIAL UTILIZATION OF COAL ASHMemo
 Description: EPA’s tentative position that coal combustion wastes may not warrant hazardous waste regulation. EPA encourages the beneficial use of coal combustion materials under the procurement program. EPA is considering state oversight of agricultural applications and mine placement of coal ash as a possible alternative to federal oversight (SEE ALSO: 64 FR 22820; 4/28/99). Discusses possible extension of the six-month schedule for completion of the regulatory determination.
 
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).
 
03/26/1999APPLICABILITY OF COKE BY-PRODUCTS EXCLUSION TO COAL GASIFIERMemo
 Description: 261.4(a)(10) exclusion for recycling coke by-products in coke ovens, tar refiners, and tar recovery processes does not apply to coal gasifier unit. Coal gasifier may qualify as exempt recycling unit. Exempt recycling unit may need storage permit. Syngas may meet comparable fuels exclusion. Gasifier facility may obtain treatability study exemption, research, development, and demonstration permit, or petition for rulemaking change.
 
03/19/1999REVIEW OF BEVILL ISSUES RAISED IN MAGCORP'S DECEMBER 23, 1998 LETTER TO UTAH DEPARTMENT OF ENVIRONMENTAL QUALITYMemo
 Description: Scope of Bevill exemption for mining and mineral processing wastes does not include combined wastestream of all wastewaters from facility (SEE ALSO: RPC# 3/23/94-01). Laboratory wastes are not uniquely associated with mineral extraction, beneficiation, or processing (SEE ALSO: 63 FR 28556; 5/26/98). Aggregation of waste streams is not appropriate in determining Bevill status of wastes. Mixing hazardous waste with Bevill-exempt waste may require treatment permit (SEE ALSO: 63 FR 28597; 5/26/98).
 
03/18/1999REGULATORY STATUS OF SPENT GRANULATED ACTIVATED CARBON AND ION EXCHANGE COLUMNSMemo
 Description: Ion exchange filters meeting the definition of spent material and sludge are considered sludges since the definition of sludge is more narrow. Spent filters used within an electroplating process may be F006. The fate of the effluent does not affect the status of the filters (i.e., the effluent can be returned to the process or it can be passed on to other processes) (SEE ALSO: RPC# 7/21/94-02);. A wastewater treatment unit (WWTU) does not have to be subject to the CWA to generate a sludge, but must be subject to CWA to be an exempt unit.
 
03/17/1999CLEANUP OF MANUFACTURED GAS PLANT (MGP) SITESMemo
 Description: Decharacterized manufactured gas plant (MGP) wastes can be sent to utility boilers without triggering substantial regulatory requirements. Residues from co-processing of MGP wastes in utility boilers are not subject to the land disposal restrictions (LDR) because these residues are Bevill wastes excluded from hazardous waste requirements (SEE ALSO: 63 FR 28556; 5/26/98; RPC# 4/26/93-03; RPC# 8/21/98-01).
 
12/02/1998BEVILL STATUS OF STRIPPED CARBON, CARBON FINES, KILN FLUID, AND CARBON WATER GENERATED AT GOLD MINESMemo
 Description: Carbon regeneration wastes such as stripped carbon, carbon fines, kiln fluid, and carbon water are inherent to recovery of gold and considered to be uniquely associated and exempt under Bevill exclusion. This guidance supersedes April 1998 document “Identification and Description of Mineral Processing Sectors and Waste Streams”.
 
10/26/1998MACT FAST TRACK RULEMemo
 Description: Maximum achievable control technology (MACT) Notification of Intent to Comply (NIC) and Progress Report requirements will be enforced and implemented by EPA regardless of state authorization for the fast track rule. Clean Air Act (CAA) notification requirements are subject to MACT delegation process, not RCRA state authorization procedures. In states without the comparable fuels exclusion, waste must be managed in accordance with Subtitle C requirements. A facility that can not meet the three-year statutory deadline can apply for a one-year extension to the compliance date in order to install pollution prevention controls, in accordance with 40 CFR 63.1216 (SEE ALSO: 63 FR 33782; 6/19/98).
 
10/14/1998MANAGEMENT OF REMEDIATION WASTES UNDER RCRAMemo
 Description: This memo consolidates existing guidance on the RCRA regulations and policies that most often affect remediation waste management. It discusses, among other topics, the contained-in policy, the area of contamination (AOC) policy, corrective action management units (CAMUs) and temporary units (TUs), land disposal restrictions (LDR) applicability and the alternative standards for soils and debris, the treatability studies exemption, reinjection of contaminated groundwater (RCRA 3020(b)), and permit waivers (RCRA 7003) and emergency permits.
 
09/29/1998EPA SITE VISIT TO BARRICK GOLDSTRIKE MINEMemo
 Description: EPA’s visit to Barrick Goldstrike mine was the result of a long standing offer from the company to visit their facility, and not an official compliance inspection. EPA has conducted 10 similar site visits to mining operations as part of ongoing information collection activities on the Bevill exemption.
 
08/01/1998IMPORTED HOUSEHOLD WASTEQuestion & Answer
 Description: Imported household hazardous waste is excluded from the definition of solid hazardous waste in the same way as domestically generated household hazardous waste. U.S. importers may be required to fulfill certain obligations if the exporting country or the importer's contract with the exporter requires it. U.S. importers may want to keep records of the foreign exporter should questions arise as to the status of the waste.
 
08/01/1998MANUFACTURING PROCESS UNITS AS SOLID WASTE MANAGEMENT UNITSQuestion & Answer
 Description: Manufacturing process units holding a hazardous waste are considered solid waste management units (SWMUs) for the purposes of corrective action under RCRA 3004(u). Even though the materials held in manufacturing process units are exempt under 261.4(c), they can still be considered solid wastes.
 
06/11/1998APPLICABILITY OF THE PROCESSED SCRAP METAL EXCLUSION TO USED OIL FILTERSMemo
 Description: Properly drained, processed (crushed) used oil filters that are being recycled meet the processed scrap metal exclusion (SEE ALSO: RPC# 6/2/98-01). Even though used oil filters are not specifically mentioned in the rule, EPA intentionally wrote the exclusion broadly to cover all types of processed scrap metal that can be recycled. Residual oil from filters remains subject to used oil management rules.
 
06/02/1998APPLICABILITY OF EXCLUSION FROM THE DEFINITION OF SOLID WASTE FOR PROCESSED SCRAP METAL TO USED OIL FILTERSMemo
 Description: Non-terne-plated used oil filters that are properly drained by a method specified in Section 261.4(b)(13) are not subject to used oil regulation as materials containing used oil, and are exempt from hazardous waste regulation. Once drained, such filters may be disposed of or recycled as nonhazardous waste. Used oil filters are potentially eligible for the scrap metal exemption in Section 261.6(a)(3)(ii) if they do not contain a significant amount of liquid, whether drained by a method specified in Section 261.4(b)(13) or other methods such as shredding with oil recovery. The processed scrap metal exclusion in Section 261.4(a)(13) can apply to used oil filters that meet the definition of scrap metal and undergo processing. The exclusion only applies to processed scrap metal being recycled. Draining a used oil filter is not processing, physical alteration of the filter is required. Materials removed from processed scrap metal are newly generated wastes and are subject to waste determination.
 
06/01/1998COMPARABLE FUELS EXCLUSIONMemo
 Description: EPA proposed an exclusion from the definition of solid waste for hazardous waste-derived fuels that meet specification levels comparable to fossil fuels for concentrations of hazardous constituents and for physical properties that affect burning (SEE ALSO: 63 FR 33782; 6/19/98). EPA believes this exclusion promotes beneficial energy recovery, reduces unnecessary regulatory burden, and demonstrates a common sense approach to regulation.
 
04/15/1998PETROLEUM REFINERY TANKS AS WASTEWATER TREATMENT UNITSMemo
 Description: Petroleum refinery tank storing sludges destined for recovery in on-site coker may meet wastewater treatment unit (WWTU) definition. EPA did not conclude in proposed petroleum refining exclusion rule that in all cases units between wastewater treatment system and petroleum coker are regulated under RCRA in the absence of the exclusion (SEE ALSO: 60 FR 57747; 11/20/95; 63 FR 42110; 8/6/98).
 
02/26/1998LIMITING METAL CATALYSTS IN COMPARABLE FUELSMemo
 Description: EPA believes that limiting total chlorine levels (including inorganic chlorine) in comparable fuels is appropriate to control emissions of chlorinated dioxins and other hydrocarbons. The Agency is not in a position to focus exclusively on the impact of metal catalysts to control chlorinated hydrocarbon (CHC) emissions.
 
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.
 
02/23/1998APPLICABILITY OF RCRA TO OIL AND GAS EXPLORATION AND PRODUCTION WASTESMemo
 Description: EPA’s July 1988 regulatory determination (53 FR 25446) stated that regulation of oil and gas exploration & production (E&P) wastes as hazardous wastes under Subtitle C was not warranted. Regulation of E&P wastes would be more effective if left to the states. Packaging materials such as drums, sacks, plastic buckets, pallets, etc., are not covered by the E&P exclusion. Debris would be considered hazardous if it contained a hazardous waste.
 
02/13/1998CLARIFICATION OF THE REGULATORY STATUS OF AGGLOMERATED DROSSESMemo
 Description: Agglomerated drosses (from any source, not just scrap metal processing) can be classified as processed scrap metal and, if recycled, are excluded from the definition of solid waste. Agglomerated drosses are solid chunks of metal in a physical state that does not allow them to be easily crushed, split, or crumbled. Dross which has not been agglomerated is by-product, not scrap metal. Agglomerated drosses used in a manner constituting disposal are excluded scrap metal being recycled and thus not solid waste. Drosses that have not been agglomerated are solid wastes when used in a manner constituting disposal.
 
01/01/1998APPLICABILITY OF THE DOMESTIC SEWAGE EXCLUSION TO FOTWSQuestion & Answer
 Description: Solid or dissolved materials in domestic sewage that pass through a federally owned treatment works (FOTW) are excluded from the definition of solid waste if FOTW meets criteria in Section 106 of FFCA (RCRA 3023).
 
01/01/1998PETROLEUM-CONTAMINATED DEBRIS FROM UST CLOSUREQuestion & Answer
 Description: The exclusion for petroleum-contaminated media and debris does not apply to sand that has been introduced into an underground storage tank (UST) for the purposes of closure. The exclusion was intended to cover contaminated environmental media such as soil, groundwater, surface water, and air that have become contaminated as a result of a release from an UST. Sand removed from an UST must be evaluated upon generation to determine if it is a hazardous waste.
 
10/01/1997REEXAMINATION OF PROPOSED EXCLUSION FOR OIL-BEARING RESIDUALSMemo
 Description: EPA proposed to broaden the recovered oil exclusion to include all oil-bearing hazardous wastes inserted into the refining process (60 FR 57747; 11/20/95). EPA did not intend to create a loophole from hazardous waste status for residual materials left over from the recycling process (e.g., residuals generated from deoiling excluded sludges that are not themselves reinserted into the refinery) (SEE ALSO: 63 FR 42110; 8/6/98, and new F037 listing).
 
09/25/1997CLARIFICATION OF MIXTURE RULE FOR OIL AND GAS EXPLORATION AND PRODUCTION WASTESMemo
 Description: A mixture in which exempt oil and gas exploration and production (E&P) waste is mixed with non-hazardous, non-exempt waste, would be exempt. Mixing exempt E&P waste with non-exempt characteristic hazardous waste for the purpose of rendering the mixture non-hazardous, or less hazardous, could be considered hazardous waste treatment or impermissible dilution.
 
08/13/1997APPLICABILITY OF HOUSEHOLD HAZARDOUS WASTE EXCLUSION TO NATURAL GAS REGULATORS CONTAINING MERCURYMemo
 Description: Household hazardous waste must be generated by individuals on the premises of a household and must be composed primarily of materials found in the waste generated by consumers in their home. Natural gas regulators are not eligible for the household hazardous waste exclusion since they are installed, replaced, and collected by utilities and gas suppliers.
 
08/08/1997CLARIFICATION OF REGULATORY STATUS OF WHOLE CIRCUIT BOARDSMemo
 Description: Whole circuit boards containing minimal quantities of mercury and batteries that are protectively packaged to minimize dispersion of metal constituents would qualify for the scrap metal exemption in Section 261.6(a)(3). Shredded circuit boards must be free of mercury switches, mercury relays, nickel-cadmium batteries and lithium batteries to qualify for the exclusion from the definition of solid waste in Section 261.4(a)(14).
 
06/03/1997REGULATORY STATUS OF SOLVENT RECOVERY UNITSMemo
 Description: All secondary materials (e.g., process solvents from agricultural chemical manufacturing process and automotive paint manufacturing process) must be returned to the production process to qualify for the closed-loop recycling exclusion. A process which returns 80% of xylene and sends 20% of recovered xylene off as product does not qualify. Production process includes activities that tie directly into the manufacturing operation or are the primary operation at a facility.
 
05/23/1997REGULATORY STATUS OF BURNING SULFUR-CONTAINING SECONDARY MATERIALS TO PRODUCE VIRGIN SULFURIC ACIDMemo
 Description: The heating value of sulfur-containing material inserted in a sulfuric acid regeneration furnace determines if the activity is burning for energy recovery or reclamation. Materials with a heating value greater than 5000 Btu/lb are generally considered to be burned as a fuel rather than for metals recovery or as an ingredient. 5000 Btu/lb is not a regulatory threshold for the purposes of the definition of solid waste, but there is a strong presumption that secondary materials above 5000 Btu are burned for energy recovery and therefore are solid wastes (e.g., as in the case of characteristic by-products recycled by being burned). The section 261.4(a)(7) exclusion applies only to spent sulfuric acid and does not include other sulfur-containing materials.
 
05/13/1997REGULATORY STATUS OF IRON AND STEEL SLAGS AND GYPSUMMemo
 Description: Iron blast furnace slag and basic oxygen furnace and open furnace slag from carbon steel production are solid wastes, but are excluded from the definition of hazardous waste under the Bevill exclusion for mining and mineral processing. Flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels, which often contains large amounts of gypsum, is also excluded.
 
04/11/1997PAINT RECYCLINGMemo
 Description: Paint or coating remixed and used for its intended purpose is not a solid waste. If paint is discarded, the generator must make a hazardous waste determination. Discarded paints generally are not listed wastes, but they may exhibit characteristics such as ignitability or toxicity. Paint generated by a CESQG is not subject to federal regulation provided the waste is discarded at a facility meeting Section 261.5(f) or (g). Paint collected from households is exempt from regulation, even if the paint is subsequently discarded. Household hazardous waste (HHW) mixed with regulated hazardous waste in a collection program is regulated. Paint cans emptied under the empty container provisions are not subject to regulation because they do not hold regulated residues.
 
03/25/1997DEFINITION OF SOLID WASTE AMENDMENTS FOR PETROLEUM REFINERIESMemo
 Description: The deadline for the petroleum refining listing determination and recycling amendments proposed on November 20, 1995 (60 FR 57747), has been extended. It is now scheduled for promulgation on April 30, 1998 (Rule finalized 8/6/98; 63 FR 42110). Additional time enables EPA to issue a Notice of Data Availability (NODA) and respond to comments. The American Petroleum Institute requested EPA separate the listing determination from the proposed Section 261.4(a)(12) recycling amendments, and expedite (fast track) the latter. The Agency believes it is more efficient to finalize both portions of the rule together.
 
03/25/1997STATUS OF THE RECYCLING AMENDMENTS PROPOSED IN THE LISTING DETERMINATION FOR PETROLEUM REFINING PROCESS WASTESMemo
 Description: The petroleum refining listing determination and recycling amendments proposed on November 20, 1995 (60 FR 57747) are scheduled for promulgation on April 30, 1998 (Rule finalized 8/6/98; 63 FR 42110). Additional time enables EPA to issue a Notice of Data Availability (NODA) and respond to all comments. The American Petroleum Institute asked EPA to separate the listing determination from the proposed Section 261.4(a)(12) recycling amendments, and to expedite (fast track) the latter. The Agency believes it is more efficient to finalize both portions of the rule together.
 
03/10/1997APPLICABILITY OF THE DOMESTIC SEWAGE EXCLUSIONMemo
 Description: The domestic sewage exclusion extends to both listed and characteristic wastes which pass through sewer system to a publicly owned treatment works (POTW). Sewage is subject to CWA, and exempt from RCRA. Waste removed or leaked from a sewer line does not meet the conditions of the exemption. Releases from a sewage lines could be solid waste management units (SWMUs) or areas of contamination (AOCs). The definition of facility for corrective action is dependent on site-specific factors. Releases from SWMUs at permitted facilities are addressed under Sections 3004(u) or 3004(v) authority. Non-SWMU related releases, both within and beyond the facility boundary, are addressed under Section 3005(c)(3) omnibus permitting authority; releases at interim status facilities addressed under Section 3008(h) interim status corrective action orders. Domestic sewage is defined as untreated sanitary wastes that passes through a sewer system.
 
12/11/1996IMPORT OF COAL ASH BYPRODUCT INTO THE UNITED STATESMemo
 Description: Coal ash byproduct consisting of fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal that has not been mixed with any other material would be exempt under the Bevill exclusion. Importation of such material would not be subject to the import requirements. Coal ash with PCB levels below 50 ppm would not be subject to the TSCA PCB import requirements.
 
10/28/1996REGULATORY STATUS OF RESIDUES FROM LIGHT-WEIGHT AGGREGATE KILNSMemo
 Description: EPA is considering applying a “significantly affected test” for residues from non-Bevill sources similar to the existing provision for Bevill sources in Section 266.112 (SEE ALSO: 61 FR 17472; 4/19/96). EPA’s initial inclination is not to promulgate such an option. Other options for addressing the regulatory status of light-weight aggregate kiln (LWAK) residues include the Hazardous Waste Identification Rule (HWIR), the upcoming Definition of Solid Waste rulemaking, and expansion of special controls to be proposed for cement kiln dust (CKD) (SEE ALSO: 64 FR 45632; 8/20/99).
 
08/30/1996PROPOSED EXCLUSION FOR WOOD PRESERVING PROCESS WASTEWATERSMemo
 Description: EPA expects to propose an exclusion from solid waste regulations for process wastewaters recycled at wood preserving facilities. Discusses the intended proposed language. Process wastewaters must be used for their original intended purpose, must be managed in units visually or otherwise determined to prevent releases, and if managed in drip pads, the units must be in compliance with the drip pad standards (SEE ALSO: 63 FR 28556; 5/26/98).
 
07/12/1996MANAGEMENT AND DISPOSAL OF WASTE VINYL MINI BLINDSMemo
 Description: Toxicity characteristic (D008) lead-containing mini blinds are not solid waste if they are returned to the manufacturer for resale in a reverse distribution system. Blinds from homes, apartments, and hotels are exempt household hazardous waste (HHW). Waste from hospitals, offices, day care centers, and non-residential buildings at military bases are not HHW. HHW and non-HHW must be segregated. A generator can test waste or apply knowledge. The most conservative approach assumes that the blinds are hazardous waste (HW). The generator is vulnerable for enforcement for an incorrect determination if subsequent EPA testing reveals that the waste is HW.
 
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.
 
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).
 
04/10/1996MAXIMUM ACHIEVALBE CONTROL TECHNOLOGY (MACT) RULEMAKING FOR HAZARDOUS WASTE COMBUSTORSMemo
 Description: Improperly designed hazardous waste incinerators and cement and light weight aggregate kilns (BIFs) can pose a hazard. EPA signed the proposed MACT rule on March 20, 1996, (61 FR 17358; 4/19/96) to establish tough dioxin, mercury, and lead emission standards (SEE ALSO: 64 FR 52828; 9/30/99). The Agency will continue to use the omnibus permitting authority (270.32(b)(2) and 3005(c)(3)) to ensure protection on a site-specific basis. The Agency remains committed to developing tailored regulations in conjunction with the existing authorities for Bevill exempt cement kiln dust (CKD). Addresses the risks from CKD management identified in the CKD regulatory determination (60 FR 7366; 2/7/95). The decision affects all CKD, regardless of the fuel burned. The CKD program will be risk-based, flexible, and tailored to site-specific conditions.
 
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).
 
05/03/1995CLARIFICATION AND/OR RECONSIDERATION OF CERTAIN PROVISIONS CONTAINED IN EPA'S FINAL RULE ON RECOVERED OILMemo
 Description: The exclusion for recovered oil from normal petroleum refinery operations inserted into the process prior to catalytic cracking is discussed (SUPERSEDED: exclusion applies to insertion at points other than catalytic cracking, See 61 FR 13103; 3/26/96). The application of the exclusion to refineries and petrochemical facilities that share a wastewater treatment system is outlined (SEE ALSO: 261.4(a)(18)). The exclusion covers oil recovered from off-site petroleum industry activities associated with the exploration, production, and transportation when returned to a refinery. EPA is investigating how to regulate cokers that receive hazardous waste (SEE ALSO: 63 FR 42110; 8/6/98).
 
05/01/1995RESTAURANT WASTE AND THE HOUSEHOLD WASTE EXCLUSIONQuestion & Answer
 Description: Restaurant wastes are generally not household hazardous wastes (HHW). HHW must be generated at a temporary or permanent residence and be made up of consumer wastes. Waste from a restaurant that is part of temporary or permanent residence may be excluded.
 
04/01/1995STATUS OF FOSSIL FUEL COMBUSTION WASTE EXCLUSIONQuestion & Answer
 Description: Discusses the regulatory status of fossil fuel combustion wastes. Independently- managed large-volume coal-fired utility wastes are excluded under the Bevill exemption for fossil fuel combustion wastes. Remaining wastes are excluded until a final determination is made in 1998. Low-volume wastes not co-managed with large-volume wastes are not excluded.
 
03/07/1995APPLICABILITY 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).
 
03/01/1995HOTEL DRY CLEANING WASTE AND THE HOUSEHOLD WASTE EXCLUSIONSQuestion & Answer
 Description: Wastes produced by a hotel dry cleaning facility are not household wastes and therefore are not excluded from RCRA regulation. Two criteria must be met for household hazardous wastes (HHW) to be excluded. Hotel wastes that are similar to wastes generated by consumers in their homes are excluded.
 
02/28/1995DO RCRA REQUIREMENTS APPLY TO THE HANDLING, SHIPMENT AND DISPOSAL OF HOUSEHOLD APPLIANCE COMPONENTS?Memo
 Description: Household hazardous waste (HHW) must be generated on the premises and composed primarily of materials generated by consumers in their homes. Contractor-generated waste is exempt if it is from routine residential maintenance.
 
02/22/1995REGULATORY DETERMINATION OF CEMENT KILN DUSTMemo
 Description: Cement kiln dust (CKD) is exempt under the 261.4(b)(8) Bevill exclusion until EPA promulgates custom-tailored RCRA Subtitle C rules. The CKD decision (60 FR 7366; 2/7/95) applies to all dust whether or not a hazardous waste fuel is burned in the kiln, although CKD from cement kilns co-burning hazardous waste must qualify for the exclusion through the 266.112 test.
 
02/17/1995INTERPRETATION OF INDUSTRIAL WASTEWATER DISCHARGE EXCLUSION FROM THE DEFINITION OF SOLID WASTEMemo
 Description: The NPDES exclusion applies at the outfall pipe, but not upstream. The exclusion applies when a direct hydrologic connection exists between the point source and surface water. Therefore, hazardous waste leachate or wastewater which travels from hazardous waste management units into groundwater and then into a river are not exempt. Hazardous waste discharged into surface waters from a point source are exempt from RCRA if they have a NPDES permit or should have a NPDES permit (i.e., are subject to CWA). Facilities that should have a NPDES permit but do not are violating CWA, not RCRA Subtitle C.
 
12/05/1994CLARIFICATION OF REGULATION OF FUEL BLENDING AND RELATED TREATMENT AND STORAGE ACTIVITIESMemo
 Description: Eligibility for the Bevill exemption for cement kiln dust (CKD) residues is contingent upon the composition of the residue, not upon the purpose of burning waste. If no treatment or blending occurs, bulking, containerizing, consolidating, and de-consolidating are allowed at transfer facilities.
 
11/01/1994UST REMEDIATION WASTESQuestion & Answer
 Description: Spent carbon filters used to remediate petroleum-contaminated media and debris from underground storage tank corrective action are newly generated wastes and do not qualify for the Section 261.4(b)(10) exclusion. Spent filters are solid wastes.
 
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).
 
10/01/1994STATUS OF MUNICIPAL WASTE COMBUSTION (MWC) ASHQuestion & Answer
 Description: Municipal waste combustion (MWC) ash is subject to regulation if it exhibits a characteristic. Discusses the history of municipal waste combustion regulation. Ash from waste-to-energy facilities is a newly-identified waste for purposes of the land disposal restrictions (LDR). (SEE ALSO: 59 FR 29372; 6/7/94; 60 FR 6666; 2/3/95; RPC# 3/22/95-01)
 
09/28/1994CLARIFICATION REGARDING THE ""REBUTTABLE PRESUMPTION"" PROVISIONS CONTAINED IN THE RECYCLED USED OIL MANAGEMENT STANDARDSMemo
 Description: Used oil generated by a Do-It-Yourselfer (DIY) qualifies as exempt household hazardous waste. A used oil generator who collects DIY oil with a high halogen content can rebut the hazardous waste presumption by citing the household hazardous waste exemption.
 
08/22/1994REGULATORY STATUS OF FOAM MATERIALS FROM THE USE OF CFCS, HCFCS, AND HFCS AS BLOWING AGENTSMemo
 Description: The attachment is an information sheet on CFC, HCFC, HFC blowing agents, solvents, and refrigerants. Foam products containing CFCs used as physical blowing agents are not listed hazardous wastes (SEE ALSO: RPC# 2/26/90-01). Spent trichlorofluoromethane and 1,1,2-trichloro-1,2,2-trifluoroethane used as solvents or reaction media are listed hazardous wastes. CFCs and HCFCs used in degreasing are F001. F001 listing description does not include HFCs. Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment are excluded under 261.4(b)(12), provided the refrigerant is reclaimed for further use. This guidance provides the definition of treatment.
 
08/18/1994REGULATORY STATUS OF MUNICIPAL WASTE COMBUSTOR ASH FROM COMBUSTOR THAT BURNS ONLY HOUSEHOLD HAZARDOUS WASTE AND DOES NOT RECOVER ENERGYMemo
 Description: Ash from municipal waste combustors that do not recover energy and that burn only household waste is exempt household hazardous waste (HHW). Ash from resource recovery facilities that burn commercial waste is not exempt. Ash from combustors that burn other wastes in addition to HHW is not exempt (SUPERSEDED: see 60 FR 6666; 2/3/95).
 
07/26/1994FINAL RULE EXEMPTING RECOVERED OIL FROM THE DEFINITION OF SOLID WASTEMemo
 Description: A summary of the 7/28/94 Federal Register (59 FR 38536) excluding recovered oil from the solid waste definition when it is returned to the petroleum refining process prior to distillation or cracking is provided. The rule also excludes oil recovered from certain off-site petroleum activities when the recovered oil is returned to the petroleum refinery and recycled. The expanded exemption for petroleum coke produced from off-site oil-bearing hazardous waste is discussed. The exclusion does not apply to recovered oil stored in land-based units (SEE ALSO: 63 FR 42110; 8/6/98).
 
07/20/1994EXCLUSION FROM RCRA REGULATION FOR SECONDARY MATERIALS USED OR REUSED DIRECTLY AS INGREDIENTS IN AN INDUSTRIAL PROCESSMemo
 Description: The heating value of a secondary material inserted in a sulfuric acid regeneration furnace determines if the activity is excluded use or reuse, or burning for energy recovery subject to Part 266, Subpart H. Generally, waste with a heating value at or above 5000 Btu/lb is considered burned as fuel. Hazardous waste burned in a BIF for metals recovery is exempt under 266.100(c) only if the device burns the waste exclusively for metals recovery and not partially for destruction or energy recovery. A secondary material with high sulfur content burned in a sulfuric acid regeneration furnace is not eligible for the 261.4(a)(7) exclusion because the secondary material in question is not spent sulfuric acid.
 
06/10/1994CLARIFICATION OF RCRA REGULATIONS AS THEY APPLY TO THE USE OF PERCHLOROETHYLENE IN DRY-CLEANING PROCESSMemo
 Description: Perchloroethylene (PCE) from dry cleaning that is periodically drained from a closed-loop solvent reclamation system, stored temporarily, and reintroduced into the system may be a spent material or product, depending on the level of contamination and where the PCE is being reintroduced into the system.
 
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).
 
05/27/1994IMPLEMENTATION STRATEGY OF U.S. SUPREME COURT DECISION CITY OF CHICAGO V. EDF FOR MUNICIPAL WASTE COMBUSTOR ASHMemo
 Description: The implementation strategy following the Supreme Court Decision states Section 3001(i) does not exempt ash from resource recovery facilities burning household and nonhazardous commercial wastes. Waste-to-energy facilities must set up programs to determine if ash is hazardous and must manage hazardous ash in an environmentally responsible manner. Discusses factors to consider in an enforcement response (SUPERSEDED: see RPC# 3/22/95-01).
 
05/24/1994STATUS OF WASTES GENERATED FROM ABATEMENT OF LEAD-BASED PAINTMemo
 Description: Lead-based paint (LBP) abatement wastes are not household hazardous waste (HHW) if generated in construction, demolition, or renovation, but are exempt HHW if generated in routine residential maintenance (SUPERSEDED: See 63 FR 70233, 70241; 12/18/98). EPA does not distinguish between wastes generated by homeowners and contractors (SEE ALSO: RPC# 3/7/95-01). Unless it is HHW, LBP abatement waste exhibiting the toxicity characteristic for lead (D008) is currently regulated under Subtitle C. EPA may amend RCRA Subtitle C rules to remove the disincentives to abate LBP.
 
05/17/1994REGULATORY STATUS OF PRODUCTS (INCLUDING CLINKER AND FERTILIZER) PRODUCED IN CEMENT KILNS EQUIPPED WITH A RECOVERY SCRUBBERMemo
 Description: Since cement kiln dust (CKD) is not a hazardous waste, products (e.g., clinker and fertilizer) partially derived from processing CKD are not subject to regulation. Cement kilns that burn or process hazardous waste must meet the requirements in 266.112 for their CKD to be exempt (SEE ALSO: 60 FR 6666; 2/7/95; RPC# 6/9/94-02).
 
05/11/1994APPLICABILITY OF MINING WASTE EXCLUSION TO WASTED LIME KILN REFRACTORY BRICKSMemo
 Description: Lime kiln bricks are not uniquely associated with mineral processing and are not excluded by the Section 261.4(b)(7) Bevill exemption for mining and mineral processing wastes. To be uniquely associated the wastes must originate primarily from, or be influenced by, contact with ores, or minerals. Wastes analogous to other wastes from non-mining industries are not uniquely associated. Wastes which contact ore are not necessarily excluded (SEE ALSO: 63 FR 28556; May 26, 1998).
 
04/08/1994CLARIFICATION OF USED OIL RULES AS THEY APPLY TO DO-IT-YOURSELF OIL CHANGERSMemo
 Description: Do-It-Yourself (DIY) used oil (UO) generators are not subject to the used oil standards. Do-It-Yourself oil is subject to Part 279 regulation once it has been collected. Collected Do-It-Yourself oil is subject to the rebuttable presumption. The collection center can rebut the presumption based on the household hazardous waste exemption.
 
03/23/1994INTERPRETATION OF THE BEVILL EXEMPT STATUS OF WASTES AT THE MAGCORP FACILITYMemo
 Description: The scope of Bevill exemption for mining and mineral processing wastes does not include combined wastestream of all wastewaters from a facility. Used lubricating oils, used antifreeze, wastes from lab drains, and vehicle maintenance are not uniquely associated with mineral extraction, beneficiation, or processing (SEE ALSO: 63 FR 28556; May 26, 1998). Wastes generated after mineral processing begins do not qualify for the Bevill exemption for mining and mineral processing wastes unless listed in Sections 261.4(b)(7)(i)-(xx). A mixture of non-exempt wastes with exempt wastewaters may jeopardize the mineral processing exemption. Mixing hazardous waste with Bevill-exempt waste may require a treatment permit (SEE ALSO: 63 FR 28556; May 26, 1998).
 
11/22/1993RCRA HAZARDOUS WASTE DETERMINATION OF SPENT NUCLEAR REACTOR FUELSMemo
 Description: The Naval Nuclear Propulsion Program’s (NNPP) spent reactor fuel does not exhibit any characteristics of hazardous waste. Discusses the application of the TCLP to radioactive mixed waste.
 
11/05/1993CLARIFICATION OF CERTAIN ISSUES REGARDING OIL AND GAS WASTESMemo
 Description: Solid wastes generated from gas transportation after it has left the gas plant, compressor stations located downstream from gas plant, and manufacturing activities do not qualify for the oil and gas exclusion. Wastes from compressors handling local production only are exempt. The exemption is not dependent upon how the waste is managed. Unused CCPs are not exempt since the material was not sent down-hole or did not contact the production stream.
 
10/07/1993REGULATORY STATUS OF USED RESIDENTIAL AND COMMERCIAL/INDUSTRIAL AEROSOL CANSMemo
 Description: EPA is unable to determine if aerosol cans exhibit the characteristic of reactivity (D003). Emptying a steel aerosol can by puncturing and draining it may be exempt as a step in recycling the can as scrap metal. A steel aerosol can qualifies as scrap metal if it does not contain significant liquids (i.e., is fully drained) and is therefore exempt from regulation when sent for recycling. Aerosol cans may be rendered empty in accordance with 261.7. Liquid or gas removed from a can is hazardous waste if it is listed or characteristic. There is no need to determine if a steel aerosol can is empty once it qualifies as scrap metal (i.e., once it no longer contains significant liquids) that is destined for recycling. Aerosol cans generated by households qualify for household hazardous waste exclusion. The exclusion attaches at the point of generation and continues to apply throughout the waste management cycle.
 
10/07/1993REGULATORY STATUS OF USED RESIDENTIAL AND COMMERCIAL/INDUSTRIAL AEROSOL CANSMemo
 Description: Aerosol cans generated by households qualify for the household hazardous waste exclusion. The exclusion attaches at the point of generation and continues throughout the waste management cycle. Steel aerosol cans are scrap metal when they are recycled if they do not contain significant liquids. There is no need to determine if a steel aerosol can is empty once it qualifies as scrap metal. Emptying an aerosol can by puncturing and draining may be exempt as a step in the recycling of the can as scrap metal. EPA is unable to determine if aerosol cans exhibit the characteristic of reactivity (D003). Liquid or gas removed from a can is hazardous waste if it is listed or characteristic. Aerosol cans may be emptied in accordance with 261.7.
 
09/27/1993REGULATORY STATUS AND MANAGEMENT OF DISPOSABLE AND LAUNDERABLE INDUSTRIAL RAGS AND WIPERSMemo
 Description: Once a rag, wiper, or any solid waste is drained of all free-flowing used oil, the generator must determine its hazardous waste status. Whether or not a rag contains listed hazardous waste, is mixed with listed hazardous waste, exhibits a characteristic, or is not waste at all depends on site-specific factors. Industrial laundries are not POTWs. Therefore, hazardous waste mixed with domestic sewage that is conveyed to laundry by sewer system is not excluded. Discharges from a laundry to a POTW via the sewer system may qualify for the domestic sewage exclusion.
 
09/15/1993CLARIFICATION OF RCRA REGULATORY APPLICATION TO SOILS CONTAMINATED BY CEMENT KILN DUSTMemo
 Description: Secion 266.112 does not apply retroactively to soil contaminated by cement kiln dust, which is exempt under the Bevill exclusion for fossil fuel combustion wastes, when the soil is removed during corrective action. Discusses the distinction between applying listings retroactively and determining applicability of Bevill exclusion.
 
07/14/1993RESPONSE TO REQUEST FOR OPINION ON SECTION 21 PETITION ON BATTERY DEPOSITSMemo
 Description: The toxicity characteristic (TC) is designed to identify wastes that may pose a risk to human health and the environment under a reasonable worst-case mismanagement scenario. Some spent batteries (battery) would fail the toxicity characteristic for lead (D008), cadmium (D006), and mercury (D009). Batteries may be eligible for the universal waste regulations. Batteries generated by households and conditionally exempt small quantity generators (CESQGs) are generally exempt from Subtitle C regulation.
 
07/01/1993NATURAL GAS CONDENSATE: REGULATORY STATUSQuestion & Answer
 Description: Natural gas condensate produced by activities uniquely associated with the exploration, development, and production of natural gas is excluded under Section 261.4(b)(5) when discarded. Condensate generated by operations beyond the production process is not exempt.
 
06/30/1993CLARIFICATION OF RCRA REGULATORY APPLICATION TO SOILS CONTAMINATED BY CEMENT KILN DUSTMemo
 Description: Soil contaminated with cement kiln dust (CKD) retains the Bevill exclusion of the CKD, provided soil is not hazardous for any other reason.
 
06/30/1993MINING WASTES FROM SEARLES LAKE OPERATIONSMemo
 Description: Oil from a machine maintenance operation is not uniquely associated with mining or mineral processing operations and is not exempt under the Section 261.4(b)(7) Bevill exemption for mining and mineral processing wastes (SEE ALSO: 63 FR 28556; May 26, 1998). Waste oil from the extractant, or crude, treatment process is not exempt. Boiler ash is an exempt Bevill fossil fuel combustion waste.
 
06/13/1993USED OIL FILTERSMemo
 Description: Non-terne plated used oil filters do not typically exhibit a characteristic when the used oil has been removed. The exemption does not apply to terne-plated filters.
 
04/29/1993REGULATORY STATUS OF COMBUSTION RESIDUALS GENERATED FROM CO-BURNING OF ""SPECIFICATION"" USED OIL FUEL AND VIRGIN FUEL OILMemo
 Description: The co-burning of specification used oil fuel and virgin fuel oil does not affect the 261.4(b)(4) Bevill exemption since the amount of oil burned is minimal.
 
04/26/1993REGULATORY 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.
 
04/19/1993DISCUSSION PAPER ON POSSIBLE UNIVERSAL WASTEMemo
 Description: EPA is evaluating the applicability of the household hazardous waste (HHW) exclusion to lead-based paint abatement wastes (SEE ALSO: 63 FR 70233, 70241; 12/18/98). Part 279 prohibits the storage of used oil in unlined surface impoundments and applying used oil to roads. Fluorescent bulbs may be conditionally exempt in the future. EPA does not believe that F001-F005 solvents should be included as universal wastes. EPA is currently studying other solvent wastes to determine if they merit a listing (SEE ALSO: 61 FR 42318; 8/14/96). Spent antifreeze may exhibit the toxicity characteristic for lead and/or benzene. EPA is evaluating toxicity characteristic levels for lead and pentachlorophenol (PCP). New MCLs could affect future toxicity characteristic levels. Sandblast grit from the removal of lead-based paint may be D008.
 
03/05/1993RECYCLING PETROLEUM REFINERY OILY WASTES; REGULATORY STATUS OF SEPARATION AND RECOVERY SYSTEMS SAREX PROCESS FOR RECYCLING PETROLEUM REFINERY OILY WASTESMemo
 Description: Effluent from a petroleum recovery process that accepts hazardous waste K048-K051 returned to a wastewater treatment system is not derived from listed waste if it is chemically equivalent to non-listed influent (SEE ALSO: RPC# 8/23/85-01). The closed-loop exemption does not apply to oil being returned to a refinery where it will be used as a fuel. The closed-loop exemption does not apply to reclaimed material that will be used to produce a fuel or produce a product that will be applied to the land.
 
03/04/1993REINJECTION OF GROUNDWATER DURING AUTHORIZED CLEANUP ACTIVITIESMemo
 Description: The reinjected groundwater exclusion expires 1/25/93. Produced groundwater can only be reinjected after that date in regulated underground injection wells under the UIC program.
 
02/01/1993CLOSED-LOOP RECYCLING EXCLUSIONQuestion & Answer
 Description: Secondary materials stored in open-top tanks may qualify for closed-loop recycling exclusion as long as the system meets requirements in Section 261.4(a)(8). Secondary materials should be managed as valuable materials prior to reclamation to ensure the exclusion will apply.
 
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.
 
11/25/1992QUESTIONS ON FINAL USED OIL RULEMemo
 Description: The toxicity characteristic rule is federally enforceable in every state until it is adopted by the state and EPA approves its authorization. The used oil filter exclusion applies in Arizona on 6/19/92. Discusses the applicability of the used oil regulations in authorized states.
 
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.
 
10/23/1992REGULATORY STATUS OF USED OIL FILTERSMemo
 Description: Paper locomotive filters are eligible for the oil filter exclusion. If used oil has not been removed from the filter, the filter is subject to Part 279.
 
09/18/1992EXEMPTION FOR MUNICIPAL WASTE COMBUSTION ASH FROM HAZARDOUS WASTE REGULATIONMemo
 Description: Municipal waste combustion ash is exempt household hazardous waste pursuant to RCRA 3001(i) (SEE ALSO: RPC# 10/1/94-02; 59 FR 29372; 6/7/94; 60 FR 6666; 2/3/95 and RPC# 3/22/95-01).
 
09/16/1992RCRA STATUS OF LEAD-BASED PAINT ABATEMENT DEBRIS AND LEAD PAINT CONTAINING DEMOLITION DEBRISMemo
 Description: Revising the toxicity characteristic levels for lead based on groundwater modeling, rather than extraction procedure levels, would result in most lead-based paint abatement wastes no longer testing hazardous. The revision of the toxicity characteristic level for lead may occur as part of Hazardous Waste Identification Rule. EPA considered extending the household hazardous waste exclusion to lead-based paint (LBP) abatement wastes from renovation (SEE ALSO: 63 FR 70233, 70241; 12/18/98).
 
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.
 
09/01/1992FILTERS USED TO RECLAIM CFC REFRIGERANTQuestion & Answer
 Description: Fiters from the chlorofluorocarbon (CFC) refrigerant reclamation process do not qualify for Section 261.4(b)(12) exclusion.
 
08/26/1992REGULATORY STATUS OF PRINTED CIRCUIT BOARDSMemo
 Description: Unprocessed, spent printed circuit boards qualify for the scrap metal exclusion as generated. Residuals from the processing of spent circuit boards (e.g., shredded pieces, sweeps, ash, fluff, or baghouse dust) may not qualify as scrap metal, but instead may be spent materials, by-products, or sludges (SEE ALSO: 261.4(a)(14) exclusion for shredded circuit boards). Residual waste generated during scrap metal recycling of printed circuit boards may no longer qualify for the scrap metal exemption, but if it contains significant amounts of precious metals, the waste may be eligible for reduced recycling regulations of Part 266, Subpart F (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal).
 
07/22/1992RCRA SUBTITLE C REQUIREMENTS APPLICABLE TO HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAMS COLLECTING CESQG WASTEMemo
 Description: CESQG wastes managed by state-approved Household Hazardous Waste Collection programs may be mixed with nonhazardous waste (e.g., household hazardous waste) and remain subject to the CESQG requirements, even if the mixture exhibits a characteristic. Collection programs that handle the commingled waste are subject to CESQG regulations. CESQGs who mix hazardous and nonhazardous waste and whose resultant mixtures exceed the 261.5(h) quantity limit and exhibit a characteristic are subject to 262 generator regulations.
 
07/17/1992REGULATORY STATUS OF POLYURETHANE FOAMS CONTAINING CFC-11 REMOVED FROM APPLIANCESMemo
 Description: Appliances collected from households are household hazardous waste (HHW). Material removed from an appliance that qualifies as HHW is also exempt. 261.2(f) documentation requirements apply to conditionally exempt small quantity generator (CESQG) wastes. Provides a summary of the regulations proposed pursuant to 608 of CAA designed to limit the emissions of ozone-depleting compounds.
 
05/15/1992SCOPE OF BEVILL AMENDMENT AS IT APPLIES TO PHOSPHATE MINING, PHOSPHORIC ACID PRODUCTION, AND ANCILLARY FACILITIESMemo
 Description: All phosphate mining and extraction wastes are permanently exempt from RCRA Subtitle C regulation. Of all mineral processing wastes generated at phosphoric acid plants, only phosphogypsum and process wastewater from phosphoric acid production are Bevill exempt mining and mineral processing wastes.
 
02/04/1992CLASSIFICATION OF INFILTRATION GALLERIES UNDER THE UIC AND RCRA PROGRAMSMemo
 Description: Discusses the distinction between, and definition of, infiltration galleries (IGs) and SDWA underground injection control (UIC) wells for purposes of the April 2, 1991, rule extending the toxicity characteristic (TC) effective date for reinjection of groundwater pursuant to hydrocarbon recovery operations at petroleum refineries and transportation facilities (56 FR 13406). IGs can be UIC wells. IGs are often trenches. Remediation activities using reinjection may be subject to state groundwater protection statutes, SDWA, RCRA, and/or CERCLA authorities.
 
01/01/1992REGULATORY STATUS OF WASTE FROM OIL GATHERING PIPELINESQuestion & Answer
 Description: Waste generated in a gathering pipeline during transportation qualifies for the fossil fuel exploration, development, and production exclusion only if the custody of the oil has not yet changed hands.
 
12/19/1991USED AUTOMOBILE ANTIFREEZE DISPOSALMemo
 Description: Used antifreeze from households is exempt from regulation. Used antifreeze from business is hazardous waste only if characteristic. Small business may be able to enjoy the reduced CESQG regulation. Industry data indicates used antifreeze may fail TCLP.
 
12/01/1991RECLAIMED SPENT WOOD PRESERVATIVE EXCLUSION IN 40 CFR 261.4(A)(9)Question & Answer
 Description: Spent wood preserving solutions that are reclaimed are no longer solid wastes and so are not derived from listed wastes F032, F034, or F035 (SEE ALSO: 63 FR 28556; May 26, 1998). Wood treated with the reclaimed preservative is not a hazardous waste when placed on land.
 
11/12/1991APPLICABILITY OF SPECIAL COLLECTION SYSTEM PROPOSAL TO BATTERIESMemo
 Description: Hazardous waste batteries (battery) generated by households are not subject to regulations. Batteries generated by a CESQG are subject to limited controls. Until EPA develops special management standards for recycling hazardous waste batteries, generators must still determine whether used nickel-cadmium batteries exhibit the toxicity characteristic (SEE ALSO: Part 273).
 
09/26/1991APPLICABILITY OF THE TOXICITY CHARACTERISTIC TO USED OIL FILTERSMemo
 Description: No hazardous waste determination is necessary for oil filters destined for scrap metal recycling (SEE ALSO: 261.4(b)(13)). Crushed and hot drained oil filters are unlikely to exhibit the toxicity characteristic.
 
09/25/1991TC RULE DELAY OF IMPOSITION ON OIL FILTERSMemo
 Description: Data suggests that crushed oil filters may not exhibit the toxicity characteristic. No toxicity characteristic determination is necessary for oil filters destined for recycling (SEE ALSO: Section 261.4(b)(13)).
 
08/30/1991UNDERGROUND INJECTION WELLS USED IN HYDROCARBON RECOVERYMemo
 Description: Groundwater reinjected through injection wells following hydrocarbon recovery at certain types of facilities is not subject to the toxicity characteristic rule until January 25, 1993. Disccusion of the rationale for extending the compliance date. OSW and the Office of Water should agree on terms of implementation.
 
08/27/1991POTENTIALLY CONFLICTING REGULATION OF INFILTRATION GALLERIES BY THE OGWDW AND OSWMemo
 Description: Injection wells and infiltration galleries are not mutually exclusive. Units that are both infiltration galleries and injection wells were included in the April 2, 1991 extension of the TC compliance date for certain injection wells (56 FR 13406). Units that are infiltration galleries (e.g., leaking surface impoundments) but are not injection wells were not included in the extension.
 
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.
 
06/28/1991CCA TREATED WOOD WHEN DISPOSEDMemo
 Description: The treated wood exemption applies to wood failing the toxicity characteristic for D004-D017, not just arsenic (SEE ALSO: 57 FR 30657; 7/10/92).
 
06/21/1991BAGHOUSE DUSTS USED AS, OR TO PRODUCE, AGGREGATEMemo
 Description: Baghouse dust used as a product or reclaimed as an ingredient in a product (e.g., aggregate) placed on the land is a solid waste and is not exempt per 261.2(e). Products reclaimed from K061 that are not placed on the land are no longer wastes. Discusses the indigenous principle (SUPERSEDED: see 266.100) and the elements of legitimate recycling. If it is not legitimate recycling, the kiln is hazardous waste treatment unit.
 
06/20/1991USE 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.
 
06/07/1991SCOPE OF THE F006 LISTINGMemo
 Description: F006 wastewater treatment sludges include sludges from any type of treatment (e.g., chemical, biological, or simple settling). The domestic sewage exclusion does not extend to private or other non-municipal treatment works (SEE ALSO: FFCA added federally owned treatment works (FOTW) to the exclusion). A mixture of sewage and other wastes en route to a non-municipal treatment works does not cease to be a solid waste. The waste’s identity relevant to hazardous waste listings (i.e., F006) continues throughout the treatment works. The mixture rule exemption for laboratory wastes in 261.3(a)(2)(iv)(E) applies to laboratories discharging diverse, diluted amounts of listed toxic wastes. An electroplating shop located within a larger research and development (R&D) facility is not a laboratory, nor does it generate dilute wastewaters characteristic of an R&D laboratory.
 
05/30/1991HOUSEHOLD WASTE EXCLUSION SCOPEMemo
 Description: Hazardous waste nickel-cadmium batteries (battery) generated by consumers in their homes are within the household hazardous waste exclusion. Batteries removed by service centers are not within the exemption (SEE ALSO: Part 273).
 
05/21/1991CLASSIFICATION OF WASTE FLUIDS ASSOCIATED WITH CLEAN UP OF CRUDE OIL LEAKS IN ACTIVE OIL FIELDSMemo
 Description: Petroleum contaminated snow-melt is not covered by the Bentsen exemption for exploration, production, and development petroleum wastes, since the contamination is a result of a pipeline leak that occurred after the custody transfer of the oil. The exemption applies to wastes from the exploration and production that are produced before the transfer of custody of crude oil or natural gas, or the point of separation and dehydration in the absence of a custody transfer.
 
05/09/1991SHELL OIL FACILITY - TC COMPLIANCEMemo
 Description: Infiltration galleries are not exempted by the 261.4(b)(11) groundwater injection exclusion. Treatment wastewaters from extracted petroleum-bearing groundwater are considered sludges and are not eligible for the extended toxicity characteristic compliance date (exclusion expired 1/25/93).
 
05/01/1991REGULATION OF MUNICIPAL WASTE COMBUSTION (MWC) ASHQuestion & Answer
 Description: The Clean Air Act Amendments of 1990 established a two-year exemption for characteristic combustion ash from municipal waste incinerators. The two-year moratorium covered fly and/or bottom ash from both energy recovery and municipal incinerators (SUPERSEDED: October 1, 1994, MRQ, “Status of Municipal Waste Combustion (MWC) Ash”; 59 FR 29372; June 7, 1994; 60 FR 6666; February 3, 1995, and RPC# 3/22/95-01).
 
04/22/1991CHLORIDE-ILMENITE PROCESS WASTESMemo
 Description: Chloride-ilmenite process waste acids are mineral processing, not beneficiation, waste under Bevill exemption for mining and mineral processing wastes. Operations producing combined beneficiation and processing wastes are classified as processing operations for purposes of determining if they produce exempt mineral processing wastes.
 
04/16/1991GENERATOR TREATMENT IN ACCUMULATION TANKS AND CONTAINERSMemo
 Description: A petition to allow generators of mixed radioactive and hazardous waste to treat on site without obtaining a permit might be unnecessary. Some types of treatment are allowable during the 262.34 accumulation period so long as the applicable management standards are met.
 
04/16/1991TC RULE RELATIONSHIP TO USED OIL FILTER DISPOSALMemo
 Description: In spite of the toxicity characteristic rule, generators may still apply their knowledge to make a hazardous waste determination. They must, however, be correct in their determination. Used oil filters are subject to hazardous waste determination (SEE ALSO: 261.4(b)(13)).
 
04/02/1991CLARIFICATION OF THE APPLICABILITY OF THE OIL AND GAS EXCLUSION TO CRUDE OIL RECLAIMER WASTESMemo
 Description: Wastes derived from the treatment of exempt wastes are generally exempt. If tank bottoms are created during primary field operations, wastes from the recovery of oil from the tank bottoms are exempt. Solvent wastes from cleaning tank trucks associated with oil and gas exploration and production activities are not exempt (SEE ALSO: 58 FR 15284; 3/22/93).
 
03/29/1991SHAM INCINERATION AND TREATMENT OF K048-K052 WASTES IN CEMENT KILNS AND INDUSTRIAL FURNACESMemo
 Description: Oil cannot be added to a K048-K052 treatment cake to increase fuel value above sham recycling threshold unless the oil is originally part of waste (SUPERSEDED: see RPC# 11/8/94-01; Section 266.100). All wastes derived from listed wastes are subject to land disposal requirements (LDR) except for certain Bevill residues.
 
02/12/1991TC APPLICABILITY TO MIXED WASTEMemo
 Description: Discusses the definition of mixed radioactive waste. Mixed waste was first subject to RCRA regulation in 1986. The toxicity characteristic does not apply to mixed waste in states with only RCRA base program authorization until the State revises its program and receives authorization for mixed waste. Discusses the status of mixed waste that fails the TCLP.
 
01/08/1991REGULATION OF OILY HAZARDOUS PETROLEUM REFINERY WASTEMemo
 Description: Fuel produced (and oil reclaimed and used as fuel) from petroleum refining, production, and transportation by processes other than normal refining operations, is eligible for the 261.6(a)(3) exemptions (SEE ALSO: 261.4(a)(12)). Provides a clarification of the petroleum refining process. Certain fuels produced from petroleum refinery wastes that are otherwise exempt under 261.6(a)(3) are hazardous waste and must be burned in BIFs or incinerators if they do not meet the used oil fuel specifications of 266.40(e) (SUPERSEDED: See 279.11).
 
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).]
 
11/09/1990PETROLEUM-CONTAMINATED MEDIA AND DEBRIS DEFERRAL FROM THE TOXICITY CHARACTERISTICMemo
 Description: The petroleum contaminated media deferral does not apply to D001-D017. There is no need to run TCLP to determine if wastes are D018 - D043, provided the wastes are generated as part of UST corrective action.
 
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)).
 
10/01/1990REGULATORY STATUS OF PETROLEUM CONTAMINATED MEDIA AND DEBRIS UNDER THE TOXICITY CHARACTERISTIC UST TEMPORARY DEFERRALQuestion & Answer
 Description: The Section 261.4(b)(10) exclusion applies to media and debris from UST corrective action. The exclusion does not apply to sludge removed from UST during remediation. The exclusion does not apply to media and debris that exhibit the toxicity characteristic for D003-D017.
 
09/20/1990PETROLEUM REFINING WASTES AND EXEMPTIONS FOR WWTUSMemo
 Description: INCOMPLETE VERSION IN RCRAONLINE - A tank treating or storing wastewater or a wastewater treatment sludge can be a wastewater treatment unit (WWTU). A tank treating off-site hazardous waste (HW) can be a WWTU if the facility is designated to accept manifested HW. Only tanks and ancillary equipment can be WWTUs. Tank bottoms from fuel storage are CCPs and are not solid waste (SW) when used in fuel. Tank bottoms from refining process units are by-products and are SW when used in fuels. A refinery by-product used in a lubricant is a SW if it is listed (SEE ALSO: 261.4(a)(12) and 261.6(a)(3)).
 
09/20/1990SQG COMPLIANCE WITH TC RULEMemo
 Description: A fuel oil leak from a household tank is exempt household hazardous waste (HHW). EPA does not determine if a particular waste is characteristic. The hazardous waste determination is the generator’s responsibility. SQGs that are newly subject due to the toxicity characteristic (TC) rule had until 11/2/90 to notify the region. SQGs were granted an additional three months to comply with the TC Rule. Spilled petroleum products that are reclaimed from contaminated soil and used to produce fuels are not solid wastes.
 
08/17/1990USED OIL FILTERS CLASSIFICATIONMemo
 Description: If the extract from the TCLP-tested used oil filter equals or exceeds the regulatory levels for any hazardous constituent the filter is a hazardous waste. Filters that have been drained are less likely to be hazardous (SEE ALSO: Section 261.4(b)(13)).
 
07/15/1990Environmental Fact Sheet: EPA Proposes Modifications to the Definition of Wastewater Treatment UnitPublication
 Description: This fact sheet discusses a proposal to modify the definition of wastewater treatment unit to exclude devices using thermal treatment processes, except for sludge dryers. The revised definition maintains EPA's long-standing policy that thermal treatment units must be individually permitted under RCRA.
 
06/27/1990SECONDARY MATERIALS RECYCLED IN PHOSPHORIC ACID RECIRCULATING SYSTEMSMemo
 Description: Corrosive (D002), low-volume secondary materials (e.g., precipitates and spilled materials) that are recycled in a phosphoric acid plant’s recirculating water systems may cause entire system to be regulated if there is continued circulation of corrosive secondary materials.
 
05/09/1990CHEMICAL WEAPON AGENT RELEASEMemo
 Description: Human remains and personal effects contaminated with chemical weapons are considered exempt household hazardous waste. Medical waste regulations exclude human corpses, remains, and anatomical parts that are intended for interment or cremation (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
05/01/199040 CFR SECTION 261.4(C): HAZARDOUS WASTES WHICH ARE EXEMPTED FROM CERTAIN REGULATIONSQuestion & Answer
 Description: The exclusion for manufacturing process units, associated non-waste treatment units, or product/raw material storage tanks does not apply to units, such as heat exchangers (K050), that are disassembled and shipped off-site for cleaning.
 
04/20/1990CLASSIFYING MERCURY-CONTAINING PAINTS AS HAZARDOUS WASTESMemo
 Description: Mercury-containing paint discarded by homeowners is exempt household HW. Mercury-containing latex paint usually exhibits the toxicity characteristic when properly tested. The statement that paint will not exhibit mercury characteristic unless concentration exceeds 540 ppm is incorrect.
 
04/09/1990COAL ASH AS A SOLID WASTEMemo
 Description: EPA supports the beneficial use of coal ash (exempt under Section 261.4(b)(4) Bevill exemption for fossil fuel combustion wastes) through Federal procurement guidelines and the use of fly ash as a stabilizing medium in setting land disposal restrictions (LDR) treatment standards. RCRA defines coal ash as a solid waste. States may regulate coal ash more stringently.
 
04/06/1990RETORTED OIL SHALE AND COAL FLY ASHMemo
 Description: Discusses the determination that coal combustion waste streams generally do not exhibit hazardous characteristics. No federal regulations specific to oil shale, but EPA is in the process of developing Subtitle D guidance known as Strawman.
 
03/15/1990BERYL PLANT AND RAFFINATE DISCARD CLASSIFICATIONMemo
 Description: Bevill exempt beneficiation operations include crushing, grinding, solvent extraction, and stripping. Melting that resembles smelting is a processing operation. All steps following the initial processing step are considered processing operations.
 
03/01/1990APPLICABILITY OF THE HOUSEHOLD HAZARDOUS WASTE EXCLUSION TO WASTE GENERATED BY CONTRACTORSQuestion & Answer
 Description: Discusses two criteria for the household hazardous waste (HHW) exclusion. Construction, renovation, and demolition waste generated at household would not qualify for HHW exclusion (SUPERSEDED: see RPC# 7/31/00-01). There is no distinction between HHW generated by a homeowner and HHW generated at home by a contractor. Waste generated as part of routine residential maintenance by contractor is exempt HHW (SEE ALSO: 63 FR 70233, 70241; December 18, 1998).
 
03/01/1990CLARIFICATION OF BY-PRODUCT VS. SCRAP METALQuestion & Answer
 Description: When reclaimed, unused off-specification printed circuit boards are commercial chemical products. Used circuit boards are spent materials, and circuit board trimmings are byproducts (SEE ALSO: 261.4(a)(14) for the exclusion for shredded circuit boards). Discusses the significant metal content (50%) criterion for scrap metal (SUPERSEDED: See RPC# 8/26/92-03).
 
02/12/1990DOMESTIC SEWAGE SLUDGE EXCLUSIONMemo
 Description: A sludge removed from a sewer line is not exempt since it does not pass through a sewer system to a POTW. An exempt sludge loses its excluded status upon removal from the sewer system.
 
01/15/1990Environmental Fact Sheet: Final Rule to Identify the Status of Twenty Mineral Processing Wastes Conditionally Retained within the Bevill AmendmentPublication
 Description: Identifies the 5 wastes removed from exclusion and the 15 wastes remaining within exclusion. Wastes no longer covered by Bevill exclusion will be evaluated for hazardous characteristics. Wastes exhibiting one or more characteristics of hazardous waste must be managed according to RCRA Subtitle C 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).
 
10/03/1989PETITION TO WITHDRAW K090 AND K091 LISTINGSMemo
 Description: K090 and K091 cover waste generated by air pollution control devices from ferrochromium or ferrochromium silicon production furnaces. K090 and K091 are listed for total chromium (Cr). As of 1989, there is no plan to remove listings since new data show trivalent Cr may be a carcinogen. EPA is considering removing the 261.4(b)(6) exclusion for wastes containing trivalent chromium. EPA will not remove listed waste from regulation based solely on whether or not waste exhibits toxicity characteristic. In making delisting decisions, EPA considers whether waste meets any of the criteria for which it was originally listed, as well as additional constituents and factors.
 
10/01/1989NOTIFICATION REQUIREMENTS FOR NEW WASTES NOT COVERED BY THE BEVILL EXCLUSIONQuestion & Answer
 Description: RCRA Section 3010 for re-notification is not required for handlers of formerly exempt Bevill wastes.
 
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.
 
08/11/1989DREDGE SEDIMENTSMemo
 Description: Sediments contaminated as result of legal CWA discharges to surface waters are only subject to RCRA Subtitle C if excavated and exhibit characteristics. Sediment from lakes and harbors contaminated with hazardous waste (HW) illegally discharged to surface waters is not HW via the mixture rule because sediment is not a solid waste. Depending on circumstances, sediment can be listed or characteristic HW via the contained-in policy (SEE ALSO: 66 FR 27266; 5/16/01). If discharge of listed HW to surface water is not subject to CWA (and not eligible for 261.4(a)(2) exemption), contaminated sediments may be regulated as listed HW via contained-in policy (SEE ALSO: RPC# 1/23/86-02).
 
08/02/1989CHLOROFLUOROCARBONS (CFCS) AS REFRIGERANTS, RECYCLING OF SPENTMemo
 Description: Used CFC refrigerants are not hazardous waste F001 or F002 because they were not used as solvents, and are not U121 because they have been used. Such wastes are only hazardous if characteristic (SEE ALSO: 261.4(b)(12)).
 
06/26/1989MIXED WASTE REGULATION - RCRA REQUIREMENTS VS. NRC REQUIREMENTSMemo
 Description: Activities that do not require a permit include: recycling, resource recovery, totally enclosed treatment, and treatment in a generator’s accumulation tank. EPA is not planning to modify storage rules to allow generators to hold radioactive mixed waste on-site for radionuclide decay beyond 90 days without a permit (SEE ALSO: 64 FR 63464; November 12, 1999). EPA and the Nuclear Regulatory Commission (NRC) are developing guidance to integrate regulations on radioactive mixed waste storage. EPA and the NRC agree on dual manifesting of mixed waste. Hazardous waste can be shipped to a designated facility in a state that does not regulate that waste as hazardous. EPA does not require a transporters to obtain permits, but States may do so. States may list used oil as hazardous waste.
 
06/06/1989CLARIFICATION OF THE BOUNDARIES OF THE OIL FIELD RCRA EXEMPTIONMemo
 Description: Provides three criteria to be used when determining whether wastestreams qualify for the Bevill oil field exemption. Gas plant cooling tower cleaning wastes are not exempt because they are not intrinsically derived from the primary field operations for natural gas production. Cooling tower blowdown is exempt.
 
05/01/1989MEDICAL WASTE - HOUSEHOLD MEDICAL WASTEQuestion & Answer
 Description: Medical waste generated in private homes by health care providers is exempt household hazardous waste, even when removed from the home and transported to a physician’s place of business (SEE ALSO: 60 FR 33912; 6/29/95).
 
04/26/1989RECYCLING OF ELECTROPLATING SLUDGES (F006) FOR CEMENT/AGGREGATE MANUFACTUREMemo
 Description: Discussion of sham recycling. Lists criteria to be used in deciding whether processing of secondary material is legitimate recycling or regulated hazardous waste treatment and sham recycling. Cement kiln dust (CKD) generated when F006 is used as ingredient is only exempt if CKD chemical makeup is not significantly affected by the use of hazardous waste (SUPERSEDED: see 266.112). F006 destined for use as ingredient in aggregate, cement, or other products to be placed on the land is regulated as a hazardous waste from the point of generation forward until 266.20(b) is satisfied. Smelting or recovering metals from F006 is not subject to regulation (SEE ALSO: Part 266, Subpart H). Smelter slag residue from F006 metal recovery is hazardous waste via derived-from rule (SEE ALSO: 261.3(c)(2)(ii), 266.20(c), and 59 FR 67256; 12/29/94).
 
03/20/1989PERMIT REQUIREMENTS FOR ZERO WASTEWATER TREATMENT SYSTEMMemo
 Description: A "zero discharge" wastewater system must have NPDES permit, applicable effluent guideline, or pretreatment standard specifying zero discharge to qualify as wastewater treatment unit (WWTU). A zero discharge system returning all treated water to production avoids CWA rules but does not automatically qualify for the totally enclosed treatment unit (TETU) exemption. A wastewater treatment system using open tanks and not restricting escape of contaminant to air is not a TETU. Illegal discharge of hazardous waste to river may be "subject to" CWA and eligible for industrial discharge exclusion, although discharge is a CWA violation subject to EPA enforcement action.
 
02/09/1989MINERAL PROCESSING FACILITIES, REPORT TO CONGRESSMemo
 Description: Pursuant to 8002(p), EPA is conducting a national survey on large-volume mineral processing wastes (SEE ALSO: current 261.4(b)(7)(i)-(xx) Bevill exemption for mining and mineral processing wastes). A response to the survey is required under 3001 and 3007 of RCRA. A failure to respond may result in fines or penalties under 3008.
 
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).
 
02/01/1989COKE AND COAL TAR RECYCLABLE MATERIAL REQUIREMENTSQuestion & Answer
 Description: Decanter tank tar sludge from coking operations (K087) that is blended with product creosote for use as a fuel in steel production does not meet the 261.6(a)(3)(vii) exclusion. The exclusion applies only to coke and coal tar fuels derived from K087. Includes a detailed explanation of the exclusion (SUPERSEDED: See 56 FR 7203; 2/21/91, and 261.4(a)(10)).
 
02/01/1989DRIP GAS EXCLUSIONQuestion & Answer
 Description: Drip gas collected from lines associated with the movement of natural gas on site is excluded. Drip gas collected from lines used for off-site movement is not excluded. Addresses the criterion for determining whether a particular waste is generated from on-site or off-site movement (SEE ALSO: RPC# 7/1/93-01).
 
01/01/1989ORE AND MINERAL EXTRACTION, BENEFICIATION AND PROCESSING EXCLUSION APPLICABILITYQuestion & Answer
 Description: Because Whitmore grease is not unique to mining operations, waste grease from the beneficiation of taconite ore would not be exempt under the Bevill mining and mineral processing exclusion at 261.4(b)(7).
 
12/01/1988CLOSED LOOP RECYCLINGQuestion & Answer
 Description: Addresses the closed-loop exemption for secondary materials when reclaimed and returned to the original process in which they were generated. A portion of the secondary material that is returned to the original process is exempted from the definition of solid waste. A portion of the secondary material which is discarded is a solid waste. Discusses a mixture of ignitable gases and liquids that are being reclaimed.
 
11/21/1988CLARIFICATION REGARDING THE SCOPE OF THE EXEMPTION FOR LARGE VOLUMES OF WASTES GENERATED AT EXPLORATION AND PRODUCTION FACILITIESMemo
 Description: Acidic wastewater, field waste liquids, waste cement, waste lubricants, hydraulic fluids, motor oil and paint, waste solvents from equipment maintenance, and waste from truck cleaning operations are not exempt oil and gas wastes.
 
11/01/1988HOUSEHOLD HAZARDOUS WASTE -- COLLECTION PROGRAMS, CLARIFICATION OF ISSUESMemo
 Description: Household hazardous waste (HHW) collection programs are exempt. HHW mixed with CESQG waste is subject to 261.5. The exemption also covers dioxin-bearing HHW.
 
09/30/1988AEROSOL CANS, ON-SITE DEPRESSURIZATION OFMemo
 Description: The region is in the best position to determine if aerosol cans are hazardous waste. Generally, cans are hazardous if they contain a listed or characteristic CCP and are not empty per 261.7 and/or if the cans themselves exhibit a characteristic. The region determines if depressurizing aerosol cans meets the definition of treatment. Waste aerosol cans generated in military housing are exempt household hazardous waste (HHW).
 
09/01/1988OIL AND GAS EXCLUSION APPLICABILITYQuestion & Answer
 Description: Wastes from subsurface natural gas storage and retrieval are exempt from hazardous waste regulation. Wastes associated with manufacturing or transportation are not exempt. Wastes generated at a gas storage facility that are not uniquely associated with the retrieval process are not exempt.
 
07/29/1988CEMENT KILN DUST WASTEMemo
 Description: Cement kiln dust (CKD) is not a hazardous waste (SEE ALSO: 60 FR 7366; 2/7/95). A mixture of exempt cement kiln dust with corrosive liquid (D002) will result in a nonhazardous waste if the mixture no longer exhibits any characteristic (SEE ALSO 261.3(d)(1)). Mixing is considered treatment. No permit is required for treatment performed in generator accumulation tanks subject to 262.34.
 
07/21/1988CHLOROFLUOROCARBON RECYCLINGMemo
 Description: Used refrigerants meet the definition of a spent material. Used CFC refrigerant is not F-listed spent solvent but may exhibit a characteristic. Used refrigerant is not U121 or U075 because it has been used. The P-listings and U-listings do not apply to used chemicals. Cylinders containing used refrigerants to be reclaimed are solid waste (SW). Generators may use knowledge of similar operations at different facilities to characterize waste (SEE ALSO: 261.4(b)(12)). An owner of refrigeration equipment and a company or individual performing servicing may be generators of used refrigerant waste (i.e., cogenerators).
 
07/12/1988NOTICE CLARIFYING THE AVAILABILITY OF INTERIM STATUS FOR FACILITIES IN UNAUTHORIZED STATES HANDLING RADIOACTIVE MIXED WASTE - TRANSMITTAL MEMOMemo
 Description: Radioactive mixed waste is subject RCRA. Facilities in unauthorized states can qualify for managing mixed waste. Authorized states must amend their state programs to obtain the authority to regulated mixed waste.
 
06/06/1988SECONDARY MATERIALS REGULATION - USED SULFURIC ACIDMemo
 Description: The 261.4(a)(7) exemption only applies to sulfuric acid used in production of virgin sulfuric acid. Generators of sulfuric acid must have adequate documentation to support any exemption claims. The regulatory status of spent sulfuric acid depends on how it is recycled. Used sulfuric acid produced by sulfonation, alkylation, and dehydration reactions may be regulated as a by-product or co-product. Materials used as ingredients for product fuels or fertilizers are still solid wastes.
 
06/01/1988CEMENT KILN DUST WASTE EXCLUSIONQuestion & Answer
 Description: Only waste that is directly from a cement kiln is excluded by 261.4(b)(8) (SEE ALSO: 60 FR 7366; 2/7/95). Wastes from the crushing of limestone or other preparatory operations would not meet the exclusion. Limestone crushing is beneficiation of a mineral under the 261.4(b)(7) Bevill exemption for mining and mineral processing wastes.
 
06/01/1988HOUSEHOLD HAZARDOUS WASTEQuestion & Answer
 Description: Carbon filters installed in homes by a firm as part of a corrective action consent decree are excluded household wastes when collected by the firm and sent for regeneration even though they contain listed waste.
 
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.
 
05/02/1988DEFINITION OF “HOUSEHOLD WASTE” AND “SCRAP METAL”Memo
 Description: Household-type wastes from other services (i.e. commercial facilities, office buildings) are not covered under the household hazardous waste exclusion. Metal parts that meet the definition of scrap metal in 261.1(c)(6) are not subject to Subtitle C regulation when recycled (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal).
 
01/26/1988ZINC OXIDE RECLAIMED FROM KILNSMemo
 Description: Discusses indigenous secondary materials (SEE ALSO: 266.100). Partially reclaimed K061 which must be reclaimed further is still a solid waste and is derived from K061. Kiln residue is not exempt because K061 is from primary steelmaking, not from the processing of ores and minerals. F006, F019, and K062 are not indigenous to zinc smelting. The 3004(u) authority applies to releases of Bevill wastes and to releases from pre-RCRA inactive units. Units holding product are not solid waste management units (SWMUs) unless routine and systematic releases occur. Addresses American Mining Congress (AMC) v. EPA. The status of dust from a kiln burning K061 could change when the BIF regulations are finalized (SEE ALSO: 261.3(c)(2)(iii)(C)(1) and 261.4(a)(11)) (SAME AS 9481.1988(01)).
 
01/13/1988CHROMIUM WASTES, EXCLUSION FOR CERTAINMemo
 Description: Provides criteria for excluding a chromium waste. The exclusion only applies to wastestreams identified in 261.4(b)(6).
 
01/11/1988HOUSEHOLD HAZARDOUS WASTE EXCLUSIONMemo
 Description: There are no federal requirements for the transportation, treatment, storage, or disposal of household hazardous waste (HHW).
 
12/24/1987COAL TAR DECANTER SLUDGE WASTE PILE (TOLEDO COKE)Memo
 Description: Discusses the regulatory status of a coal tar decanter sludge waste pile. K087 stored before recycling in coke or coal tar production is not exempt under 261.6(a)(3)(vii) (SUPERSEDED: See 56 FR 7203; 2/21/91, 261.4(a)(10), and 261.4(a)(12)).
 
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).
 
12/01/1987WASTE CLASSIFICATIONQuestion & Answer
 Description: Waste perchloroethylene from hotel dry cleaning is an exempt household waste if the hotel cleans only its customers’ clothing (SUPERSEDED: See RPC# 3/1/95-03).
 
11/20/1987LEAD-BASED PAINT RESIDUES AND CONTAMINATED SOILSMemo
 Description: Paint wastes are exempt household hazardous wastes (HHW) if they are generated by homeowners and not by contractors (SUPERSEDED: RPC# 3/1/90-06). HHW from federal agencies is not HHW. Certain material and soil contaminated with weathering lead based paint is characteristic for lead. If characteristic soil is actively managed, it is a hazardous waste. Discusses lead paint remediation methods (SEE ALSO: RPC# 3/7/95-01). A property owner is normally not required to characterize soil left on site. Addresses factors in determining if soil removal is required. On-site soil treatment needs a permit unless the generator is exempt (SEE ALSO: 61 FR 18779; 4/29/96).
 
10/08/1987DECISION DEADLINES FOR RETROFITTING WAIVER REQUESTSMemo
 Description: Interim status surface impoundment retrofit waivers are not necessary for units holding Bevill exempt mining and mineral processing wastes.
 
10/08/1987ENVIRONMENTAL HAZARDS ASSOCIATED WITH BURNING HAZARDOUS WASTE IN CEMENT KILNSMemo
 Description: Cement kiln dust (CKD) generated during the use of hazardous waste fuel contains elevated lead levels but tends not to leach enough lead to fail the extraction procedure (EP) toxicity test (SUPERSEDED: see 261.24). EPA considers cement kiln dust to be nonhazardous under the Bevill exemption and does not plan on issuing specific guidance (SEE ALSO: 60 FR 7366; 2/7/95).
 
10/01/1987APPLICABILITY OF THE 261.4(A)(2) EXCLUSIONSQuestion & Answer
 Description: Wastewater diverted from an outfall to a surface impoundment that does not mix with U.S. waters does not qualify for the industrial wastewater discharge exclusion. Discharge to the impoundment is illegal operation of unit. Discusses the CWA definitions of “discharge of pollutant” and “waters of the United States.”
 
09/15/1987BEVILL AMENDMENT APPLIED TO COAL GASIFICATION FACILITYMemo
 Description: The Bevill exemption for fossil fuel combustion wastes applies to controlled oxygen-starved coal combustion, if at least 50% of the fuel mix is coal. Coal gasification wastes qualify for the mining waste exclusion. Residues are excluded if they are derived from the treatment of wastes generated from Bevill exempt mining and mineral processing wastes.
 
09/04/1987COAL TAR DECANTER SLUDGE WASTE PILE (TOLEDO COKE)Memo
 Description: The 261.6(a)(3)(v) exemption is only for coke and coal tar products recycled from coal tar decanter sludge (K087), not for K087 stored in a waste pile before recycling. K087 used to produce coke is not an exempt use or reuse because it is used for a fuel (SUPERSEDED: See 56 FR 7203, 2/21/91; and 57 FR 27880, 6/22/92; and 261.4(a)(10), and 261.4(a)(12)).
 
09/01/1987STILL BOTTOM WASTE FROM POLYSTYRENE PRODUCTIONMemo
 Description: Diluent (carrier solubilizing process feedstocks or reactant ingredients) is a solvent use for F001-F005 (SUPERSEDED: see RPC# 2/11/88-02). Excess toluene recovered from Chevron's process is a F005 diluent. Secondary materials in a closed-loop reclamation process are exempt. Still bottoms and other wastes formed in the reclamation process are solid wastes.
 
08/17/1987TOLUENE AS A DILUENT OR CARRIER AND THE SCOPE OF THE F005 LISTINGMemo
 Description: Toluene added as a diluent and carrier in Chevron’s polystyrene production process is used as solvent. Waste (still bottoms) from a recovery tower is F005. Still bottoms from solvent recovery generated in a closed-loop recycling unit can be listed wastes.
 
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).
 
08/03/1987JOINT NRC-EPA GUIDANCE ON AN APPROACH FOR COMMERCIAL MIXED LOW-LEVEL RADIOACTIVE AND HAZARDOUS WASTE DISPOSAL FACILITIESMemo
 Description: Provides joint Nuclear Regulatory Commission (NRC) - EPA guidance on a conceptual design approach for commercial mixed low-level radioactive and hazardous waste disposal facilities (i.e. landfills).
 
08/01/1987MANUFACTURING PROCESS UNITSQuestion & Answer
 Description: Methylene chloride waste in a manufacturing process unit is not subject to regulation until the waste is removed from the unit, or until 90 days after the unit ceases operation. If the waste remains in the unit, the accumulation period begins on the 91st day (SEE ALSO: RPC# 4/20/95-01; RPC# 3/8/95-01).
 
07/24/1987WASTES GENERATED BY COKE AND COAL TAR PLANTSMemo
 Description: There are no solids or organics content or % water limits for “primarily aqueous” wastewater streams. Addresses the industrial wastewater discharge exclusion (261.4(b)(2)) and “commonly defined by the industry as wastewaters,” and provides examples. The wastewater treatment unit (WWTU) exemption is not for surface impoundments. Discusses “trigger” levels for possible coke by-product K-listings. The listing will be based on 261.11 criteria, which are based on potential hazards and mismanagement, but are not based directly on waste minimization.
 
07/01/1987DOMESTIC SEWAGE EXCLUSIONQuestion & Answer
 Description: The domestic sewage exclusion does not extend to wastes transported to a POTW by way of truck, rail, or dedicated pipe and which do not mix with domestic sewage. The waste must pass through a sewer system. Sludges generated from a POTW may be hazardous via the derived-from rule.
 
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).
 
06/10/1987DOMESTIC SEWAGE EXCLUSIONMemo
 Description: Photo chemicals that mix with domestic sewage are not solid waste (and not hazardous waste) if the mixture drains to a POTW.
 
06/01/1987HIGH-LEVEL, TRANSURANIC, AND LOW-LEVEL RADIOACTIVE MIXED WASTEMemo
 Description: The 7/3/86 Federal Register (51 FR 24504) allows states to be authorized to regulate radioactive mixed waste, including any radionuclide regulated by the Atomic Energy Act. The DOE by-product rulemaking states that the non-radioactive hazardous component is subject to RCRA (52 FR 15937; 5/1/87).
 
04/30/1987LABORATORY SAMPLE EXCLUSION APPLICABILITY TO SAMPLES AND WASTES FROM LABORATORY ANALYSIS - DIOXINMemo
 Description: The 261.4(d) exclusion for lab samples allows a laboratory to transport a sample back to the sample collector. Associated wastes generated during analysis (e.g., lab solvents or protective gear) are not excluded. Materials which contain listed waste must be managed as hazardous waste until they are decontaminated. Rinsate generated while decontaminating materials that contain acute hazardous waste are acute hazardous waste via the contained-in policy (SEE ALSO: 61 FR 18779; 4/29/96).
 
04/23/1987REGULATORY STATUS OF KITCHEN GREASE UNDER RCRAMemo
 Description: Restaurant waste qualifies as exempt household hazardous waste (SUPERSEDED: see RPC# 5/1/95-02).
 
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).
 
04/01/1987WASTE DERIVED FROM TREATING EXEMPT OR EXCLUDED WASTESQuestion & Answer
 Description: Ash derived from burning CESQG waste is not exempt from hazardous waste regulation. Ash from burning household waste remains exempt (SUPERSEDED: See RPC#10/1/94-02). Ash from burning arsenical-treated wood is subject to regulation if it is characteristic. CESQG waste is hazardous waste, but is exempt from regulation.
 
03/17/1987RESIDUES FROM U.S. NAVY SALVAGE FUEL BOILERMemo
 Description: Ash from a U.S. Navy salvage fuel boiler plant is not eligible for the household hazardous waste exclusion. The Bevill exemption for fossil fuel combustion wastes includes ash generated from combustion of coal-waste mixtures where coal makes up more than 50% of the fuel mixture (SEE ALSO: see 266.112).
 
03/10/1987RCRA “SPECIAL STUDY’ WASTE DEFINITIONS AND SITES THAT REQUIRE ADDITIONAL CONSIDERATION PRIOR TO NPL PROPOSAL UNDER THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACTMemo
 Description: Fossil fuels must be 50% of the fuel mix to qualify for the Bevill fossil fuel combustion exemption. Provides a definition of extraction, beneficiation, processing, large volume waste, cement kiln dust, bottom, fly ash, boiler slag, and flue gas desulfurization sludge. Discusses the criteria and examples for the oil, gas exploration, and development exclusion.
 
03/03/1987REGULATORY STATUS OF PRODUCTS ECOLISTE AND ECOLUMEMemo
 Description: While scintillation cocktail products EcoLite and EcoLume are not listed hazardous waste and do not appear to be characteristic, the generator is responsible for the determination (SEE ALSO: RPC# 3/1/89-04). Radioactive materials are not specifically listed or characteristic.
 
01/13/1987OIL AND GAS EXPLORATION EXCLUSIONMemo
 Description: “Other wastes” include wastes that are intrinsically derived from the exploration, development, or production of crude oil, natural gas, or geothermal energy (3001(b)(2)). Explains “intrinsically derived from the primary field operation.” Discusses EPA’s four criteria for determining when a waste is exempt.
 
12/29/1986SURFACE IMPOUNDMENTS VIS-A-VIS NPDES-PERMITTED DISCHARGE POINTSMemo
 Description: A surface impoundment managing hazardous waste and that was not created by impounding water from “water of the US” is subject to RCRA. An impoundment located downgradient of an NPDES discharge point is regulated under CWA. Permit conditions are established by an EPA officer, not by the TSDF owner or operator.
 
12/19/1986MIXED RADIOACTIVE HOSPITAL WASTES AND THE DOMESTIC SEWAGE EXCLUSIONMemo
 Description: Radioactive waste being sent through a sewer system to a POTW is excluded from regulation through the domestic sewage exclusion.
 
12/12/1986TRUCK OR RAIL SHIPMENTS OF A HAZARDOUS WASTE TO A POTWMemo
 Description: Treatment residues from listed wastes shipped to a POTW by means other than public sewers are (not exempt) not excluded and retain listings via the derived-from rule (SEE ALSO: 66 FR 27266; 5/16/01). Wastes shipped by truck, rail, and dedicated pipe are not exempt. The POTW is to manage treatment residues as hazardous waste if listed or characteristic.
 
11/30/1986TRUCK OR RAIL SHIPMENT OF HAZARDOUS WASTE TO A POTWMemo
 Description: Waste that is shipped by truck, rail, or a dedicated pipe to a POTW is not eligible for the domestic sewage exclusion. The waste must pass through sewer system to be eligible. A POTW managing such waste would be subject to regulation but may have a permit-by-rule. The residues from treatment of such a waste would be hazardous.
 
11/28/1986TANK RULES APPLIED TO WWT UNITS AND DISTRIBUTION SYSTEMSMemo
 Description: A wastewater treatment unit (WWTU) is not subject to permitting. The closed-loop exclusion applies to a reclaimed material returned to the production process, production process is the manufacturing or primary activity. A manhole or sump serving as secondary containment must comply with Subpart J except for section 264.193.
 
11/20/1986CONTAMINATED 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).
 
11/03/1986MINING WASTE EXCLUSION INCLUDING PRIMARY PROCESSING BUT NOT SUBSEQUENT STEPSMemo
 Description: The section 261.4(b)(7) Bevill exemption for mining and mineral processing wastes does not apply to subsequent shaping, alloying, or fabrication. A ceramic tile manufacture is not excluded.
 
10/20/1986STATE AUTHORIZATION TO REGULATE HAZARDOUS COMPONENTS OF RADIOACTIVE MIXED WASTESMemo
 Description: Until an authorized state is authorized for radioactive mixed waste, handlers of such wastes are not subject to RCRA. Mixed waste is a solid waste for purposes of corrective action. States applying for HSWA corrective action authorization must also get authorized for mixed waste.
 
10/14/1986REGULATION 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.
 
09/25/1986MANAGEMENT OF WASTES PRIOR TO INTRODUCTION INTO SEWERMemo
 Description: A facility that generates a hazardous waste and ships it to POTW for treatment must comply with all applicable accumulation and transportation requirements, including the manifest.
 
09/16/1986MINING WASTE AS NON-HAZARDOUS WASTEMemo
 Description: EPA’s response to the governor of Wyoming regarding the Bevill exempt mining and mineral processing wastes and state programs.
 
09/08/1986COUNTING DRY CLEANING INDUSTRY WASTE ONLY AFTER REMOVAL FROM THE PROCESS - SQG RULEMemo
 Description: Solvent filter cartridges and still bottoms are only counted to determine a generator’s regulatory status when removed from the dry cleaning process. Materials that are reused one or more times within a calendar month need only be counted once. Solvents in a dry cleaning machine are not subject to counting if the machine qualifies as a closed-loop reclamation process.
 
09/06/1986ON-SITE INCINERATION OF A WASTE THAT IS BOTH A BY-PRODUCT MATERIAL AND HAZARDOUSMemo
 Description: The effect of the state authorization requirements on the regulation of a radioactive mixed waste (SUPERSEDED: see 261.4(a)(4), Part 271).
 
09/04/1986MERCURY DRY CELL BATTERIES AND APPLICABLE REGULATIONSMemo
 Description: Mercury dry cell batteries (battery) that exhibit a characteristic are hazardous waste (HW) and must be managed by a HW management TSDF, unless they are household hazardous waste (HHW) or a CESQG waste (SEE ALSO: Part 273).
 
07/16/1986MINING WASTE REGULATED UNDER SUBTITLE D RATHER THAN SUBTITLE CMemo
 Description: The regulation of mining waste under Subtitle C is not warranted. EPA planned to develop Subtitle D criteria for mining wastes excluded under the Bevill exemption for mining and mineral processing wastes (SEE ALSO: current 261.4(b)(7)).
 
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).
 
07/03/1986JURISDICTION AND REGULATION OF MIXED WASTE MANAGEMENT INCLUDING INCINERATION AND LOCATION CRITERIAMemo
 Description: An overview of the hazardous waste component of mixed waste subject to RCRA. Incineration must meet requirements under RCRA, Clean Air Act (CAA), and Atomic Energy Act (AEA). A discussion of the state authorization of mixed waste. The Nuclear Regulatory Commission will regulate low-level radioactive waste.
 
07/01/1986MINING WASTE, K064, AND 3004(X)Question & Answer
 Description: Because K064 is no longer covered by the section 261.4(b)(7) Bevill exemption (3001(b)(3)) for mining and mineral processing wastes, EPA cannot use section 3004(x) to modify Subtitle C requirements for units holding K064.
 
06/26/1986SILVER IN WASTES AND IN SEWER DISCHARGES FROM THE PHOTO-FINISHING INDUSTRYMemo
 Description: RCRA does not limit the photo-finishing (photography) industry’s ability to discharge silver-containing wastewater (D011) to the public sewer. The sewer discharge is regulated under CWA.
 
06/16/1986RESIDUAL WATER DERIVED FROM AN EXEMPT WASTE (COAL ASH) IS EXEMPTMemo
 Description: Residual water that becomes corrosive (D002) from Bevill exempt fossil fuel combustion waste is also exempt. Residual water derived from an exempt waste is exempt.
 
06/10/1986MINING WASTE EXCLUSION FOR A FERROALLOY FACILITYMemo
 Description: Wastes from ferroalloy facility producing ferrosilicon (silvery iron) are not excluded under the section 261.4(b)(7) Bevill exemption for mining and mineral processing wastes. Metal scrap is neither an ore nor a mineral. If predominant input is a scrap steel or old batteries (battery) then the wastes from the facility are not excluded by section 261.4(b)(7).
 
06/02/1986BYPRODUCT MATERIAL AND MIXED WASTE, AEA AND DOE INTERFACEMemo
 Description: The Atomic Energy Act (AEA) definition of byproduct material is not definitive. Waste streams must be judged on a case-by-case basis. All radioactive mixed waste are subject to RCRA. Mixed waste units are corrective action solid waste management units (SWMUs) even if state is not authorized for mixed waste. Mixed waste units are not regulated in an authorized state until the state is authorized for mixed waste.
 
05/08/1986CORRECTIVE ACTION/PERMIT ISSUES - U.S. ARMY - ABERDEEN PROVING GROUNDSMemo
 Description: An overview of corrective action permitting at federal facilities. A discussion of the definition of a facility. The owner of federal lands is the department or agency. Unexploded ordnances on target practice ranges are not considered discarded or a solid waste (SEE ALSO: 62 FR 6622; 2/12/97). The section 3004(u) solid waste management units (SWMUs) may be underwater. Discusses the mixed waste regulation (SEE ALSO: 51 FR 24504; 7/3/86, and 52 FR 15937; 5/1/87).
 
04/30/1986PROPOSED REGULATION TO LIST USED OIL AS A HAZARDOUS WASTE - MIXTURE RULE EXEMPTIONMemo
 Description: EPA is considering an exemption for scrap metal mixed with used oil (SEE ALSO: 261.4(b)(13) and 279.10(c)).
 
04/21/1986DRY CLEANING AND MAINTENANCE SERVICES WASTE NOT EXCLUDED AS HOUSEHOLD WASTEMemo
 Description: Dry cleaning/vehicle maintenance wastes from hotels are not household hazardous waste (HHW). Normal household waste from hotels is excluded. Room cleaning, pesticide spraying of hotel rooms yields HHW.
 
04/21/1986PRECIPITATION WHICH IS CORROSIVE DUE TO CONTACT WITH EXEMPT WASTES (COAL GASIFICATION ASH)Memo
 Description: Precipitation that becomes corrosive (D002) solely as a result of contact with Bevill exempt fossil fuel combustion wastes (such as coal gasification ash) is exempt since characteristic is derived from the exempt waste.
 
04/12/1986BYPRODUCT MATERIAL, DEFINITION OFMemo
 Description: A summary of the definition of by-product material under the Atomic Energy Act (AEA). Radioactive mixed waste is considered a solid waste for purposes of corrective action at solid waste management units (SWMUs).
 
03/21/1986CHROMIUM WASTES: TRIVALENT AND HEXAVALENT, CHROMIUM IN TANNERY WASTESMemo
 Description: The extraction procedure (EP) toxicity based on the total chromium (hexavalent and trivalent) (SUPERSEDED: see 261.24). Trivalent chromium oxidizes to hexavalent when drinking water is treated with chlorine. Tannery wastes containing solely trivalent chromium are excluded. The extraction procedure thresholds are 100X the drinking water standard.
 
02/01/1986FOSSIL FUEL COMBUSTION WASTE EXCLUSIONQuestion & Answer
 Description: Quench water that becomes corrosive (D002) as a result of contact with ash from coal combustion is exempt under the section 261.4(b)(4) Bevill exclusion for fossil fuel combustion wastes since the characteristic is derived from exempt waste.
 
02/01/1986SOLID 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.
 
01/28/1986HOUSEHOLD 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.
 
01/24/1986WASTE-DERIVED FUELS AT IRON AND STEEL MILLS AS PRODUCTS OR WASTE FUELS, INFORMATION REQUIREDMemo
 Description: The classification of waste-derived coke/coal tar as a product or waste-derived fuel turns on whether recycling significantly affects the composition, whether waste-derived coke has significantly higher levels of hazardous constituents. The list of constituents to be analyzed, with SW-846 methods (SEE ALSO: 261.4(a)(10)).
 
01/23/1986LEAKS, 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).
 
10/29/1985HSWA APPLIED TO FEDERAL FACILITIES (DOE-OAK RIDGE)Memo
 Description: The applicability of 3004(u), 3004(v), and 3008(h) corrective action authorities to federal facilities is uncertain (SUPERSEDED: Federal Facility Compliance Act (FFCA)); EPA policy allows the NPDES program to address releases otherwise within the scope of 3004(u) to be addressed by that program.
 
10/29/1985RECLAMATION OF SPENT ALKALINE ETCHANT-REQUEST FOR VARIANCE UNDER MOD. CLOSED-LOOP PROVISIONMemo
 Description: Reclaimed spent alkaline etchant used as a feedstock in the manufacture of new etchant not eligible for a variance from the solid waste (SW) definition. After reclamation, an etchant destined for use as raw material to produce new etchant is no longer a SW and is not subject to regulation. Discussion of closed-loop recycling.
 
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.
 
10/01/1985MINING WASTE EXCLUSION REINTERPRETATIONQuestion & Answer
 Description: Wastes from secondary slag smelting operations, such as K069 and K100, are not exempt under 261.4(b)(7) Bevill exemption for mining and mineral processing wastes.
 
09/18/1985WATER/METHANOL MIXTURE WASTESTREAMMemo
 Description: A mixture of F003 and wastewater is exempt if mixture is not ignitable. Another option for exemption is to discharge to a sewer. RCRA 3005(h) requires a waste minimization plan (SUPERSEDED: see current 261.3(a)(2)(iii), 268.3).
 
08/30/1985MIXED WASTES AT DOE FACILITIES, REGULATION OFMemo
 Description: States could not become authorized for radioactive mixed waste regulation until EPA issued its interpretation of mixed waste issue (SEE ALSO: 53 FR 37045; 9/23/88). When a state is authorized for RCRA, EPA and states issue permits due to HSWA joint permitting. Joint permit applications go to State and EPA. RCRA applies to DOE facilities handling mixed wastes. A discussion of mixed waste permitting in authorized v. unauthorized states. Mixed wastes are wastes that have both radioactive and hazardous characteristics but that are not byproduct material. Mixed waste is subject to RCRA if mixed with RCRA wastes after generation.
 
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).
 
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.
 
05/10/1985MIXED 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.
 
03/22/1985REGULATORY STATUS OF WASTE-DERIVED PETROLEUM PRODUCTSMemo
 Description: EPA does not wish to regulate petroleum products whose production involves reintroducing hazardous waste (HW) from refinery back into the refining process (SEE ALSO: 261.6(a)(3)(iv)). EPA will study the issue of oils recovered from refinery HW and returned to refining process (SEE ALSO: 261.4(a)(12)).
 
02/22/1985CLASSIFICATION OF A TANK AS A STORAGE UNIT OR AN OIL RECLAMATION UNITMemo
 Description: Discussion of regulated storage units where incidental reclamation of K048 and K049 takes place versus exempt oil reclamation units. Emulsion storage is subject to regulation before entering and after leaving the reclamation unit. Recovered oil is exempt when introduced into the refining process (SEE ALSO: 261.4(a)(12)).
 
02/04/1985METALS PRODUCTION WASTES, APPLICABILITY OF MINING WASTE EXCLUSION - COMBUSTION OF WASTES AS INCINERATIONMemo
 Description: Reduction and distillation producing zirconium, hafnium, and titanium sponges yields Bevill exempt mining and mineral processing wastes (SEE ALSO: 261.4(b)(7)). The formation of ingots from sponges does not yield excluded wastes. Shaping metal after it has been extracted from ore is not extraction, beneficiation, or processing. Smokehouse, crucible burn pots are incinerators.
 
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.
 
01/01/1985POLLUTION CONTROL SLUDGE FROM TREATMENT OF MINING WASTE - EXCLUSIONQuestion & Answer
 Description: Pond sludge from the treatment of drainage from an active coal mine is exempt under the 261.4(b)(7) Bevill exemption for mining and mineral processing wastes, even if it meets the definition of corrosivity. Pollution control residues from the treatment of mining wastes are exempt under 261.4(b)(7).
 
12/07/1984OIL/WATER EMULSIONS GENERATED BY PETROLEUM REFINERY WW SYSTEMS-K049 WASTEMemo
 Description: Slop oil emulsion solids (K049) are generated in the first vessel where the emulsion stratifies. Oil reclaimed in slop oil/oil recovery systems is not a hazardous waste (SEE ALSO: 261.4(a)(12)). Emulsion breaking in surface impoundments/earthen devices is considered storage. Non-reclaimed emulsion is a hazardous waste even if it is reclaimable. Storage not directly related to the reclamation process needs a permit.
 
10/01/1984SOLVENT WASTES USED TO CLEAN EQUIPMENTQuestion & Answer
 Description: Solvents used to clean equipment from the extraction, beneficiation, and processing of ores and minerals are not directly associated with these activities and do not qualify for the 261.4(b)(7) Bevill exemption for mining and mineral processing wastes.
 
09/13/1984RADIOACTIVE WASTE EXEMPTION IN NORTH AND SOUTH CAROLINAMemo
 Description: Radioactive mixed waste falls under subtitle C regulation (SEE ALSO: RPC# 10/14/86-01). States are not required to regulate nuclear materials excluded from RCRA or to regulate wastes containing naturally occurring radionuclides and accelerator-produced radioisotopes in order to get authorized.
 
08/16/1984COAL/FOSSIL FUEL COMBUSTION WASTES EXCLUDED FROM SUBTITLE C PENDING FURTHER STUDYMemo
 Description: Fly ash waste, bottom ash waste, slag waste, and flue gas emission control dust, is excluded under the Bevill exemption for fossil fuel combustion wastes until studied. Even though EPA’s study has focused on coal-fired electric utilities, wastes from the combustion of coal, oil, or natural gas from any source are excluded (SEE ALSO: 56 FR 7134; 2/21/91; 58 FR 42468; 8/9/93).
 
08/15/1984MINERAL PROCESSING RESIDUALS FROM COMBUSTION UNITS BURNING HAZARDOUS WASTE FUELMemo
 Description: Heating shale to produce lightweight aggregate is beneficiation, and therefore, wastes from this process are excluded by the 261.4(b)(7) Bevill exemption for mining and mineral processing wastes. Use of hazardous waste fuels does not preclude the 261.4(b)(7) or 261.4(b)(8) (cement kiln dust (CKD)) exclusion. Burning for energy recovery is treatment. Wastes derived from recycled waste are still listed (SEE ALSO: 66 FR 27266; 5/16/01). The mixture-rule de minimis exemption at 261.3(a)(2)(iv) only applies if solvents are commingled with process wastewaters as part of routine housekeeping procedures. The exemption is not applicable to sludges mixed with wastewater or sludges that generate wastewaters.
 
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.
 
07/01/1984PRODUCED WATERS FROM NATURAL GAS EXPLORATION - EXCLUSIONQuestion & Answer
 Description: A water-methanol mixture used to prevent wellheads from freezing qualifies for the 261.4(b)(5) exclusion when discarded.
 
07/01/1984RECYCLING BAGHOUSE DUSTQuestion & Answer
 Description: Baghouse dust from an incinerator that burns non-fossil fuels is hazardous if it is characteristic. Dust that is not excluded under the 261.4(b)(4) Bevill exemption for fossil fuel combustion wastes is considered a sludge for purposes of the recycling regulations.
 
07/01/1984SMELTER SLAGQuestion & Answer
 Description: Smelter slag does not qualify for the 261.4(b)(4) Bevill exemption for fossil fuel combustion wastes, but it may qualify for the 261.4(b)(7) exemption for the processing of ores and minerals.
 
06/01/1984AQUEOUS SOLUTION FROM COAL FLUE GAS EMISSIONS ARE EXEMPTQuestion & Answer
 Description: Emission control wastes from flue gas desulfurization are exempt under the 261.4(b)(4) Bevill exemption for fossil fuel combustion wastes.
 
05/09/1984MINING LABORATORY WASTES UNDER 40 CFR 261.4(B)(7) - EXCLUSION OFMemo
 Description: Mining laboratory wastes (nitric acid and fire assay cupels) are excluded by the 261.4(b)(7) Bevill exemption for mining and mineral processing wastes (SUPERSEDED: see current 261.4(b)(7)).
 
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.
 
04/01/1984WASTE FROM CLEANING DRILLING EQUIPMENTQuestion & Answer
 Description: Water used to steam-clean oil and gas drilling equipment off site is excluded under 261.4(b)(5). Solvent used to clean equipment is not excluded because it is not uniquely associated with the industry.
 
07/05/1983PHOSPHATE AND GAS PROCESSING INDUSTRY WASTESMemo
 Description: In 1983, gypsum was excluded as a Bevill-exempt mining and mineral processing waste, but the Agency was considering regulation at a later date (SEE ALSO: 261.4(b)(7) - gypsum from the processing of phosphate rock is not listed as exempt in 261.4(b)(7)). Discusses the regulation of Radium 226.
 
05/25/1983OIL AND GAS EXEMPTION IN 3001(B)(2)(A) OF RCRA: IRON SPONGE PROCESSMemo
 Description: A waste iron sponge used to sweeten (remove hydrogen sulfide) natural gas at a natural gas processing plant is not excluded from the definition of hazardous waste by the 3001(b)(2)(A) exemption for exploration, production, and development wastes. Provides a general description of the natural gas production process.
 
04/19/1983SUBTITLE C EXCLUSION OF DRILLING FLUIDS AND PRODUCED WATERSMemo
 Description: The exploration, development, or production (EDP) exclusion applies only to wastes that are uniquely associated with crude oil, natural gas or geothermal energy EDP. Spent solvents, pesticide wastes, and discarded CCPs that are not uniquely associated are not excluded (similar to Bevill policy on mining and mineral processing at 261.4(b)(7) or cement kiln dust exclusion at 261.4(b)(8)) (SEE ALSO: 63 FR 28556; 5/26/98).
 
02/18/1983TOTALLY ENCLOSED TREATMENT FACILITY, REGULATORY CLARIFICATION OFMemo
 Description: A totally enclosed treatment unit (TETU) must be enclosed on all sides, pose little threat of waste escape, and be integrally connected to an industrial production process. TETUs are limited to pipelines, tanks, and tank-like equipment. The exemption applies to the unit, not effluent from the unit. Effluents discharged to surface water, sewer, or publicly owned treatment works are not RCRA regulated.
 
10/01/1982PRIVATELY OWNED SEWERS AND WASTEWATER TREATMENT UNITS WHICH DISCHARGE TO A POTWQuestion & Answer
 Description: Privately-owned sewers and wastewater treatment units (WWTU) up-stream from the point where CWA 307(b) pretreatment standards apply are not considered part of the “sewer system,” and the domestic sewage exclusion does not apply. RCRA does not define “sewer system.”
 
02/18/1981EPA REGULATION OF UTILITY WASTEMemo
 Description: The Bevill exemption for fossil fuel combustion wastes covers wastes from burning mix of fossil and alternative fuels, as long as the mix is at least 50% fossil fuels. The exclusion covers wastes from burning coal and hazardous waste, as long as mix is at least 50% coal (SUPERSEDED: see 266.112). "Primarily" means 50% fossil fuels. The exclusion covers wastes generated, mixed, co-disposed or co-treated with large-volume fossil fuel wastes. The exemption is restricted to wastes directly associated with combustion, steam generation or water cooling. Clarification of co-management (SUPERSEDED: See 58 FR 42466; 8/9/93).
 
01/13/1981FOSSIL FUEL COMBUSTION WASTE EXCLUSION IN 261.4(B)(4), FUEL MIXTURESMemo
 Description: Fossil fuels include coal, oil, and natural gas. “Primarily” means fossil fuels constitute 50% of the fuel. Wastes from the burning of coal and hazardous waste are excluded under the Bevill exemption for fossil fuel combustion (FFC) wastes if coal is >50% of the fuel. Boiler cleaning solutions, boiler blowdown, demineralizer regenerant, pyrites, and cooling tower blowdown are exempt if they are co-disposed or co-treated (SUPERSEDED: See 65 FR 32213, 32219; 5/22/2000). Activities that are not directly associated with FFC are not excluded (e.g., plant maintenance or construction). Combustion wastes that are specifically listed are not excluded. Boiler blowdown, boiler cleaning solutions, demineralizer regenerant, pyrites, cooling tower blowdown (hereinafter “other wastes”) disposed of or treated separately from FFC wastes or mixed with only small amounts of FFC waste are not exempt (SEE ALSO: 56 FR 7134; 2/21/91, 58 FR 42468; 8/9/93).
 
09/04/1980DRILLING OPERATIONS, EXEMPTION OF CERTAIN WASTE FROMMemo
 Description: The exclusion in 261.4(b)(5) applies to only oil, natural gas, or geothermal exploration. Similar wastes from other operations may be regulated if they are characteristic. Generators may apply knowledge in lieu of testing.
 
08/19/1980FOOD PROCESSING WASTE NOT UNDER AGRICULTURAL WASTE EXCLUSIONMemo
 Description: Food processing wastes being applied to the land are not exempt under the 257.1(c)(1) agricultural waste exclusion since they are commercial or industrial wastes. The agricultural waste exclusion was intended to apply to manures and crop residues used to enhance land quality.
 
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